Reduced Legislative Branch Lecture Notes 2024 PDF

Legislative Branch (Congress) Law making branch  Congress structure Bicameral- Congress made up of two houses: 1. House of Representative (House, HOR) 2. Senate Part of great compromise: House’s check each others power – prevent too much power in one body  Congress by the nu...

Legislative Branch (Congress) Law making branch  Congress structure Bicameral- Congress made up of two houses: 1. House of Representative (House, HOR) 2. Senate Part of great compromise: House’s check each others power – prevent too much power in one body  Congress by the numbers 535 total members of Congress A. 435 members in House of Reps B.100 members in Senate  Each term of Congress is two years Current term is 117th Congress Term begins on January 3rd in odd # years  More info on the House of Reps 435 members – number of reps set by Congress (originally 59 members in 1789) 218 Republicans 212 Democrats Number of seats a state gets is based on the states population Every state guaranteed at least 1 rep (Alaska, WY, SD, ND, VT, Delaware)  HOR Qualifications 1. Minimum 25 years old 2. Minimum 7 yr citizen 3. Live in state they’re running for  House members serve two year terms All 435 members up for reelection at same time Elections on the first Tuesday, after the first Monday, in November, in even # years  Two year terms not a long time – need to be more responsive to the people’s will and feelings No limit on # of terms a member may serve Current longest serving members: 20 terms  The Census Every 10 years the gov’t conducts a census – counts how many people are living in the US and where Importance: Congress needs to reapportion (redistribute) the seats in the House Approximately each member represents about 750,000 people  1912 – set number at 435 members “permanent” but Congress could change U.S. population has increased, but do not change total number of seats – US pop in 1912- 95 million, now over 320 million  Based upon the census, states gain or lose seats based upon population changes in the state, but the 435 number does not change California gain 7 seats in 1990, 1 in 2000, 0 in 2010, lost 1 seat in 2020  House members chosen by districts 2022: CA has 52 districts – one member from each district is chosen 40 Democrat 11 (12?) Republican  Districts need to reflect movement of state’s population  Gerrymandering – district drawn to favor the political party in power Districts redrawn after each census by state legislatures or commissions Gerrymandering video  Two ways to favor the political party: 1. Concentrate opposing party voters in as few districts as possible 2. Spread opposing party voters as thin as possible among several districts  Gerrymandering creates “safe” seats HOR member is guaranteed reelection NO need to compromise Allows more extreme candidates to be elected In California, a nonpartisan board draws the district lines.  Incumbents: person running for reelection (for the same office) House of Reps 95% incumbents win reelection 13 Incumbents lost in 2020 (all democrats) Primary & General Elections Primary election – determines which candidates will be on the ballot for the general election – Election in June General election – determines who will win the office. Winner of the popular vote wins the seat. Election in November  California – more competitive elections In most states, each party will have a primary vote to determine the candidate for each political party In California, not based upon political party Top two candidates that receive the most votes will face each other in the general election – can be from the same party Goal to have more competitive races  Senate “the upper house” 100 senators – 2 per state 49 Democrats 49 Republicans 1 independents Now elected by popular vote, b/f 17th amendment were elected by state legislatures  Qualifications for Senate 30 years old 9 year US citizen Live in state running for  1/3 Senators have served in House b/f becoming Senator, but no HOR were Senators b/f  6 year terms for Senators Longer term, less concerned with public opinion than HOR Presidential candidate usually from Senate or Governors, not HOR  Never up for reelection at same time 1/3 up for reelection every two years  Debates on Bills HOR has limit on amount of time can speak Senate – no limits on amount of time to speak Filibuster – talking a bill to death – o This is one of the main reasons bills do not become law o Need 60 votes (cloture) to end “debate”  Compensation and Perks In charge of own pay – remember 27th amendment Pay is $174,000 / per yr Travel, medical insurance, retirement plans, office staff, free mail, free parking, free gym  Congress Power Power limited by: What the Constitution says and does not say (9th and 10th amend), The federal system (state and federal gov’t share power)  Two types of power 1. Expressed powers – powers listed in the constitution (tax, commerce, declare war) 2. Implied powers – power not listed in Constitution, but are needed to carry out listed powers (civil rights, draft, minimum wage)  How much power? Fear of strong gov’t – how much power to give to Congress Two schools of thought about gov’t power: 1. strict constructionists – limit power of congress power limited to which is absolutely necessary to carry out the expressed powers keep power to the states Read constitution word for word, do not “read into” it 2. liberal constructionists – wanted more power to the national government Liberal interpretation of the constitution Believe the Const. is a living document Give more powers to congress Believe in implied powers. Liberal winning the battle due to economic crisis, wars etc.  Expressed Powers Powers listed in the Constitution Article 1, sec 8, 18 clauses, 27 powers listed  Power to tax money used to: collect money to support gov’t functions (military, roads, welfare etc) Protect industries (tariffs – raise prices of imports) Protect public health (tax on cigarettes)  Power to borrow money US spends more $ than we collect 31 Trillion dollar debt Borrow money to allow gov’t to function (US sells bonds) Debt ceiling – Congress sets limit on how much can borrow, but raise it when needed  Commerce Clause Regulate interstate and foreign trade Used to pass Civil Rights Acts, and outlaw marijuana  Currency power Power to coin “print” money  Declare War and raise Army, navy 8/27 powers deal with military/ national defense  Other powers: Immigration and naturalization Establish post office and roads Copy rights and patents  Implied powers Clause 18 – “necessary and proper clause” also called “elastic clause” The basis for Congress’ implied powers Has led to much debate  Committees Most of the work in congress done in committees Members serve on 2 standing & 4 sub committees - check Standing Committee – permanent committees – Chapter 11 Sec 2 Standing committees have sub committees  Committee chairman Ruling party has control of all committees Chair determines what bills to take up, when to meet Seniority rule: longest serving member of controlling party becomes Chair –