US Legislative Branch PDF
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This document explains the legislative branch of the US government. It covers the structure of Congress, the two houses, and the process for a bill to become a law. The text also discusses implied and expressed powers and the important role of committees in the legislative process. It emphasizes the sometimes-complex and lengthy lawmaking process alongside the balance between party politics and the need to support public needs.
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Name First Up! Maybe it’s just a coincidence that the first article of the Constitution creates the legislative branch. This branch of government creates our laws, or legislation. You probably also know the legislative branch as Congress. Our Founders created three co-equal branches of government....
Name First Up! Maybe it’s just a coincidence that the first article of the Constitution creates the legislative branch. This branch of government creates our laws, or legislation. You probably also know the legislative branch as Congress. Our Founders created three co-equal branches of government. But let's face it, lawmaking is, well, important. And the legislative branch does more than just /egis/ate. Expressed Powers Article I of the Constitution gives the legislative branch two types of power, expressed and implied. Expressed (or enumerated) powers are powers that are named. If you skim the Constitution, you can find them listed word-for- word. Expressed powers include the power to raise taxes, ONE oF Concress’ aan propose changes to the Constitution, create federal courts and money, protect creative works through copyrights, ER.TO HIRE PIRATES aie establish a post office, and so much more. The legislative branch has 27 expressed powers. Not all of them have to do with lawmaking. Congress also has the power to declare war, approve presidential appointments and treaties, handle impeachment, and it works with the president to pass a federal budget each year. Implied Powers The Constitution also gives Congress the power to make laws that are “necessary and proper” for carrying out its expressed powers. This is how the legislative branch gets implied powers—powers that aren't listed in the Constitution line for line, but that Congress needs in order to do its job. This “Necessary and Proper” Clause, also known as the Elastic Clause, is found in Article I of the Constitution. It makes it possible for Congress to take whatever action is needed to make our country better and more secure. For instance, the Constitution says that Congress can borrow money, make and set the value for it, and collect taxes. In order to do these things, it became necessary for Congress to create a national bank— even though the Constitution didn’t say directly that Congress could. Often implied powers are challenged in federal courts since it can be unclear whether Congress really has the authority to perform actions not clearly written out. VEICS © 2023 iCivics, Inc. te (1 ee ie iinet Be ew ge ey Veopte “Sati . eT ee First Branch: Legislative Article I: Structure Article I of the Constitution also established the legislative branch's structure. It breaks Congress into two bodies, sometimes called houses and sometimes called chambers. This two-body structure is referred to as bicameral. Both houses work together to create laws. They also perform other responsibilities, sometimes together and sometimes independently. Population: 989,948 2 Senators Our bicameral legislature was our Founders’ way of balancing what large and small states wanted when they created our government. With only one chamber, large states would | Representatives — have controlled Congress if representation had been based DELAWARE on population alone. If each state received the same number of representatives, small and large states would have had an equal voice. But would it be fair for states with more citizens per representative to have less say? The Founders met in the middle. The Great Compromise established an upper house called the Senate with equal representation for each state and a lower house called the House of Representatives with representation based on each state's population. The Senate has 100 members, two for each state. The House of Representatives has 435 voting members reapportioned (distributed) among the states every 10 years according to the census count of each state’s population. The Senate Senators represent their entire state. They are elected in staggered six-year terms. Basically, one-third of the Senate is elected every two years, so there's less pressure on Senators to be influenced by short-lived opinions from the public. In fact, the Founders created the Senate as a way to balance Congress and stabilize the faster action of the House of Representatives. While House membership changes frequently, the Senate was designed to protect states’ rights and be a more continuous, older, and more experienced body of representatives. The Constitution has three requirements for someone to be a Senator: A person must be at least 30 years old, must have been acitizen for at least 9 years, and must live in the state they will represent _ when they are elected. VECS © 2023 iCivics, Inc. Aside from passing bills, the Senate acts like a jury to try impeachment trials, approves treaties between the United States and other nations, and confirms presidential appointees (including presidential cabinet members and Supreme Court justices). Because of its size, the Senate also doesn't have to limit debate on new legislation. A Senator can talk for as long as they want about a bill. If a Senator uses the debate on purpose to stall or stop them from voting on the bill, their speech becomes known asa filibuster. First Branch: Legislative .... House of Representatives The House of Representatives (usually just called the House) was designed to be able to respond to the will of the people. It’s the only branch of government that has been directly elected by American voters since it was created. (Senators were originally elected by state legislatures.) House members are elected by and represent the people in one area of their state called a district. Voters elect House members every two years, which means that if representatives want to be reelected, they need to prove that they’re working for what their constituents want. Of course, the House and the Senate both write and pass legislation. Both bodies do most of their work in committees. Think of it as small group work. Committees are organized by topic and tasked with gathering information, reviewing and amending bills, keeping an eye on government operations, and making recommendations about the topics their committee oversees. But the House is different from the Senate in some ways. Bills about taxes start in the House. And only the House can impeach the president, a federal judge, or other federal official. It also has the job of electing the president in the event of an Electoral College tie. Bills must go through the proper committees before they can become laws. Committees in Congress are organized around special interests like: * Health * Education + Homeland Security + Agriculture + Armed Services + Energy * Foreign Affairs * — Environment * Small Business Committees gather information, hold hearings, and write or revise bills. Most bills never make it out of committee and back to the floor for a full vote. Because the House is larger than the Senate, things work differently there. When a bill is brought to the House floor for a vote, representatives must first agree to and pass a “rule” about it. The rule sets the amount of time that representatives can debate about the bill and if they will be allowed to offer amendments to it or not. Usually, time to discuss the bill is split between those who support it and those who do not. With 435 voting members plus five members representing Washington, D.C. and the U.S. territories, it’s impossible for each member to speak on a bill, so representatives usually band together by choosing members with a similar view to speak. Cas VEICS © 2023 iCivics, Inc. Name First Branch: Legislative The Truth about Lawmaking Bills can start in the House or the Senate, but both chambers must agree to the same version of a bill before it can be sent to the President to be approved or vetoed. You might be wondering why it can sometimes seem like Congress has a hard time agreeing on bills, especially when those bills seem like perfectly good ideas to you and those around you. Each Congress stays in session for about two years, and in that time anywhere from 10,000-16,000 bills are introduced! Less than 4% of them become laws. And while fewer bills are becoming laws, something interesting is happening. Bills are growing larger in length. So why do bills fail in Congress? Aren't our representatives supposed to deliver what the public wants? The simple answer is yes. But when it comes to government, the answers are never as simple as a textbook might make them seem. How a Bill Becomes a Law: Meroe liecs meenay 1-34 ie BES Hm olla ele ecm ate BILL DIES v o START HERE in House or Senate _ Bill introduced in OTHER CHAMBER arses Sea reese COMMITTEE votes Rees oe ae sane Ul ST kia ec wets FLOOR VOTE Os Bill INTRODUCED to approve the bill my If the committee denies, BILL DIES FLOOR VOTE pect e Game leg 9 Cena oe RY PRESIDENT approves Can ake aCe If floor vote is a no, BILL DIES Fell eee os : BILL DIES cada If chambers override. : See ee any Slow by Design, Slow by Chance The truth is that lawmaking takes a lot of time by design. A bill requires a simple majority (one more than half) in both houses before it can pass. That’s 218 legislators in the House and 51 in the Senate, representing people with a diversity of ideals. So while you might think that a bill sounds like a good idea, that doesn’t mean that everyone does. Party politics affects the lawmaking process when the two main parties want a bill to tend to an issue in different'ways. If Congress or the government is divided—meaning that the legislative branch or one house of Congress is controlled by one political party while the executive branch or other house is controlled by another—actually passing a bill can be especially difficult when parties can’t find common ground or agree. For some Americans, this type of congressional “gridlock” is positive. It ensures that decision-making is careful, thoughtful, and well-supported. For others, it delays the changes and progress they hope to see the country make. How fast do you want Congress to work? Would your answer change depending on the issue? Or if you talked to people who held views that are different from yours? While lawmaking can be slow (and there are downsides to that), a process enabling bills to pass too quickly could have its downsides as well. Gee ae VEICS © 2023 iCivics, Inc. First Branch: Legislative Spotlight On: Keeping up with the Legislative Branch Lawmaking may be messy, but Congress needs you. Here are some ways that you can get involved or keep up with what's happening in Congress: Contact Your Legislator: This tried-and-true method ensures that your legislators know how you feel about issues and bills that matter to you. Wondering how to contact your senators or representatives? Try their website, a phone call, letter, or email. You can also follow your legislators on social media to see what bills they’re personally supporting or introducing in Congress. & & a” : i @ J Consult the Media: The media covers news on big congressional moves and legislation. Pick a few trusted sources and check-in on reports or commentary daily. You can even watch debates and floor proceedings in real time on networks like C-SPAN. If you’re following one action in particular, be sure to consult networks that will present a variety of views to help avoid biased or slanted coverage. Use the Web or an App: There are several websites and apps that can help you track what Congress is doing, what the votes are on a bill, if it gets passed, and the reasons why (or why not). You can also track how many times a bill gets introduced. Sometimes, bills have to be introduced several times before they actually make their way through the lawmaking process. Propose an Idea for a Bill: See a problem that legislation can fix? Come up with a way a bill could address it. While only a representative or senator can introduce a bill in Congress, ideas can come from anyone, even you! And you can drum up support by having those who like your idea contact their legislators to let them know. “—" ras we VICS Campaign for Congress: Sure, you'll need to wait until you're of age, but a sure-fire way to keep up with Congress is to be there yourself. Run when you're old enough. You'll need to be at least 25 years old, a resident in the state that you'll represent, and a citizen of the United States for at least seven years to campaign for the House of Representatives. To run for the Senate, up the age requirement to 30 and the citizenship status to nine years. If running isn’t your thing, you can always campaign for or make a donation to a candidate you believe in. © 2023 iCivics, Inc. Ca, Congressional Leadership : A blue donkey is = Aredelephantis the symbol for the — the symbol for the Democratic party. — Republican party. Name: In Congress, members choose who will take on important leadership roles. Most positions are decided by political party. The party with the most members in each house is the majority party. The party with the fewest members is the minority party. Usually, the words majority or minority are a part of a leader’s title. You'll know which political party a leader belongs to by looking for these words. But a leader doesn’t just work for their party. Their —_eolag also help Congress function and achieve its goals. Captains Keeping House The Speaker runs the House by: ¢ + * Giving members permission to speak during debates Counting and declaring votes Sending bills to committees * Settling questions about rules + » Assigning members to committees Talking to the media There are two captains in Congress. The Speaker of the House is the most powerful member of the House of Representatives. They are second in line to take over if something happens to the President. The Speaker is always a member of the majority party, but the whole House elects the Speaker, not just party members. Wonder what makes the Speaker so powerful? They lead the whole House and have a say in everything that happens, from what to who to how to when. The Senate majority leader serves as the main captain of the Senate. This person is like a train conductor. They keep business moving by deciding which bills the whole Senate will debate and vote on. During debate, the majority leader speaks first. Being first in line means the majority leader's amendments (or changes) to proposed bills are heard first. They also have the power to propose a time limit on debate and assign members to committees. These privileges give the majority leader influence in lawmaking and help advance their party’s goals. Organizer Only Somewhat Influential There is a majority leader in the House, too. But they aren’t as powerful. The House majority leader works with the Speaker to get bills passed and organizes plans to advance their party’s goals. They help plan the legislative agenda, or to-do list, with the Speaker and other leaders by scheduling when bills will be debated and assigning members to committees. . Strategists The vice president (VP) and president pro tempore have leadership roles in the Senate. But their jobs are very ceremonial. On occasion, the VP leads the Senate. The president pro tempore fills in when the VP isn’t available. The _ president pro tempore is always the most senior member of the majority party. The What’s the best way to charge ahead when numbers are low? Put VP can cast a tie-breaking vote. a strategy in place. The House and Senate each have a minority leader. This person is responsible for taking charge of the minority party's plan. The minority leader speaks for and tries to influence bills from the point of view of their party. Sometimes, this means working with the majority to find a compromise. Other times, it means delaying or going against a bill. Their goal is also to help more of their party members win elections next term. After all, the minority leader wants to see their party become the majority in the next go-round. Persuaders Majority and minority whips fall in line after majority and minority leaders. They assist these leaders. The House and Senate both have party whips. Whips make sure party members are present for votes. They work closely with the majority or minority leader to communicate how party members feel about a bill and help persuade party members to vote the same way. @ BoecBVICS © 2021 iCivics, Inc. . Reading Mepra Moment MINI! Congressional Committees Name: Ever heard the expression “too many hands in the pot spoil the sauce”? You can probably guess what it means. When you have a lot of people all trying to do the same job, chances are it won’t go smoothly. And if you’ve got an entire meal to cook, it certainly isn’t efficient. Imagine 100 senators and 435 representatives trying to work out a single bill all at once. (Imagine what else won’t get done with everyone's attention on this one thing.) Passing legislation would be very, very, s...|...0...w. That’s why the House and the Senate have a committee system that streamlines the work of Congress (and its duties) in a more effective way. Committees Each committee has a special interest like Homeland Security or Finance and deals with matters related to that interest. They craft bills, gather information, hold hearings, conduct investigations, confirm presidential nominations, and may even look after government functions. Standing committees are permanent committees established by chamber rules. The Senate has 16 and the House has 20. When a member of Congress proposes a bill, it is handed to a committee for consideration and work. The House Ways and The Committee and the Bill = Means Committee is the ; . ur Once a bill reaches committee, it’s all about decisions. First up, is the bill worth a hearing? If so, experts oldest congressional committee. It oversees —_tax-writing and other ‘evenue-related fields. and lobbyists are invited and asked to share information related to the bill. Sometimes a subcommittee within a committee takes care of this step. Next, should the bill be revised? The information gathered from hearings helps legislators decide if and how a bill should be changed. Finally, the committee votes: Should the bill be brought to the full chamber for a vote? If it is, the committee shares important information and recommendations for why the bill should or should not be passed. And if different versions of the same bill pass in the House and the Senate, members from both houses form a conference committee to decide how they can work through those differences. The committee process is a very important piece of the legislative process. Almost 90% of bills “die” in committee. That means they never make it to the floor for a vote. Committee chairs generally have the first say on whether or not a bill receives a hearing. By selecting which bills the committee will work on, and which it won’t, committees (and committee chairs especially) heavily influence which bills you're likely to see become law in the future. Why Serve on a Committee? -_There’s More? Other committees include: Select Committees - Perform special and temporary tasks, like conducting e Lee Joint Committees - Look into matters that interest both houses, like printing, taxation, our economy, and the Library of Congress. Have you ever thought about which committee might have the biggest impact on you? Your congressperson certainly has. A senator or representative usually tries to serve on the committee or committees whose bills have the potential to affect his or her constituents. Why? Well, partly because they know they were elected by you and want to help you! And because they know if they show that they’re working towards and fighting for your interests, you’re a lot more likely to reelect them for another term. re “EVICS © 2018 iCivics, Inc. | an ea ] Reading — Side A Mepra Moment min: CONGressional Committees Name: The Way It Is Favoring or supporting one thing over something else is bias. We can be biased about a lot of things, and—spoiler alert—we’re human, so we can’t always help it. But what does that mean for the news? Well, who writes it, and who reports it, and who chooses what stories to include? Humans. Does that mean the news you read is biased? That it’s manipulating you with its hidden views? That it’s not 100% true? Not exactly. Journalists work hard to provide accurate, truthful information, and they want to be objective. That means keeping their personal feelings and opinions as far away from their story as possible. Remaining objective isn’t easy, so journalists use variety of objective methods to minimize the effect of bias on their reporting. Striking Balance Fair and balanced reporting is one standard of journalism that reporters use to limit bias. A complete story isn’t told from a single side. It shares different perspectives. That’s what makes it fair and balanced. If an article fails to acknowledge the other side’s On May 10, 2018 the Chicago Tribune printed this story “Split over plan to expand food stamp work requirements: ‘A good thing’ or ‘a be ringing. You're only getting one side of the story. And don’t be fooled: Also pay attention to howa reporter tells the other side. If reported about the effect expanding the work requirement for food irrational or put in a negative light, that’s another indicator that the Ilinois residents. Below are quotes viewpoint, stance, or opinion on an issue, your bias detector should the person quoted or interviewed for the other side is presented as story is biased. There are other objective methods journalists use to decrease the likelihood of bias creeping into an article. You'll learn about those in other lessons. For now, let’s focus on recognizing characteristics of fair and balanced reporting. Here’s one [...] recipe for disaster”. The article stamps would have on over 500,000 from the story. Look for how the reporter uses multiple perspectives to give you, the reader; a balanced view of the bill. No Democrats in the House have voiced support forthe billas ~ ee pita, Benuersisvare gSvoteswritten; House Republicans are still working to garner enough }| Hous "hs pore! kis to pass the controversial measure. 2 Republeans agelee tres One reason why the work requirement proposal has been slow to i y a Here’s another perspective, but i we should identify @ whose IE I. favor the bil gain support is that. some worry recipients won’t be able to satisfy the requirement because of persistent barriers to employment. The reporter [... ] But with more investment in job training, many food stamp recipients could re-enter the workforce, said Rep. Rodney a Republican from central Illinois who served on the House shares one Davis Repubean ones Agriculture Committee that crafted the proposal. ee about the Representative’s connection to the ee bill employment climate. The Rauner administration supports the farm bill’s increased funding for job training. Here’s a S [...] No one seems to argue that people shouldn’t work if they Here's another perspective from can, but advocates who assist the poor worry about unintended worry. of transportation, illiteracy and undiagnosed mental health conditions make it difficult for many people to ind and keep jobs, advocates say. i a lyre consequences of work requirements. Criminal records, lack CalVECS © 2018 icivics, inc. ~— —_ perspective; this Rania Illinois. He favors the bill. Reseling— Bide Mepra Moment mint: Filibusters Name: The Long Filibuster This just in... Senator Loquacious Babble is holding the Senate floor hostage with what many are considering a prolonged, lengthy, seemingly endless—did we say long?—speech. He seems to be dragging it out on purpose, but could that be? Sure it could! Senator Babble is conducting a filibuster. You might as well get comfortable. This could take more than a minute. What is a Filibuster? A filibuster is a delay a senator can use to try to stop the Senate from taking action on bills, nominations, or other matters. If a Yada yada yada yada and yada yada yada.. And one more thing yada yada... Did I mention yada yada ya...? senator disagrees with a measure and doesn’t have enough support to win a vote against it, he or she can filibuster. A filibuster protects the minority’s ideas and constituents. Think about it. If you’re out numbered, a grandstand filibuster might just be your last resort to be heard. _ y Filibusters only How Does It Work? ™ happen in the Unlike in the House of Representatives, Senate rules say “ Senate. The U.S. that once a senator takes the floor, he or she can talk for as House of Representatives — Iong as they want. No interruptions! That’s how the filibuster was created. aL r obs that a ea P oe ering wd © — One senator starts speaking and just doesn’t stop. Or after tiring, yields the floor to a supporter to continue the filibuster. The goal is to cause such a delay that eventually other senators give in and amend or kill the bill. Stopping a Filibuster Willing to wait it out, you say? Filibustering is tiring business, especially without supporters. The talking senator isn’t allowed to sit, eat, or leave the floor (not even if nature calls!). Officially, a filibuster can be stopped once three-fifths of the senators agree to pass something called cloture. If agreed to, cloture limits debate on the bill to 30 hours. But even it takes a couple of days to secure. Why Filibuster? For Congress, a filibuster can feel a lot like being stuck in a traffic jam. Everything... stops. And that’s the point! Congress can’t afford to lose valuable workdays tied up with purposeful delays. Because of this, just the threat of a filibuster can be enough to convince senators to make changes everyone will agree on before a matter comes to the floor. The Takeaway STOP A PASS BILL| F ILIPUSTER = 51 votes 60 votes me | for cloture iCcIVICS © 2018 iCivics, Inc. Whether successful or not, a filibuster has the potential to muck things up. Filibusters don’t just cause hurdles; they raise the stakes. That’s because stopping one with cloture takes 60 votes. That’s nine more votes than it takes to pass a bill. Without a filibuster, passing a bill only takes a simple majority (51 votes). It can be awfully hard to persuade an additional nine senators who are on the fence or against a bill to side with you to end a filibuster. And if the 60 votes needed for cloture can’t be guaranteed, the bill may never advance in the Senate at all. Reading — Side A Mepra Moment mint: Filibusters Name: It’s All in How You Frame It If you're covering your school’s basketball game, you could write about how well your team played against a worthy opponent. And a school reporter covering the Bruins end “ season in heroic fight opposing team could choose to focus on just how badly her _to the finish »-° = team wiped the floor with yours instead. That’s because there’s almost always more than one way to look atan_ event or issue. When journalists decide which aspects of a story to emphasize—or deemphasize—they build that story's frame. “mR. 4 A Crushing defeat for sBruins in final game of the 3 A frame is the angle the journalist takes in telling the story. Frames don’t have a to be sensational. The basic who, what, when, where, why, and how of an event = is a popular frame local newspapers use. Focusing on people’s reactions to the event, exposing an injustice, or emphasizing a conflict are other angles, or frames, reporters choose to use. Let's compare how two media providers covered the same congressional event. Senator Ted Cruz ends 21-hour Obamacare filibuster Ted Cruz ‘filibuster’: After 21 hours of anti- Obamacare talk mixed with Dr: Seuss and Star Wars, . WASHINGTON — Tea party conservative Sen. Ted eee Cruz ended his all-night talkathon to dismantle President Barack Obama's healthcare law after 21 hours and 19 minutes as legislation required to avert a partial government shutdown at midnight Monday easily cleared an initial Senate hurdle. _ by Associated Press, New York Post, September 25, 2013 _ =~ © WASHINGTON — He read Dr. Seuss, sang the praises of White Castle hamburgers, did a Darth ~©—=«Vader imitation and quoted from the reality TV show Duck Dynasty.” by Dan Friedman and James Warren, sO Discovering a Story’s Frame To see through a story's frame, you have to identify it. Do the headlines have the same emphasis? No. Which appears to be more neutral? They both mention a 21-hour filibuster, but one headline uses quotation marks around the word filibuster, and the other doesn’t. Why? (You can read either article to learn more about why!) The headline from the New York Daily News also mentions something the New York Post doesn’t. Each of these choices is deliberate. They help build the story’s frame. If your gut is telling you reporter describes what Examining the headline identify a story’s frame. that these two stories have different frames, it’s right. Just look at how each happened after the senator gave up the floor. Same event, different frames. and the first line of an article is a good place to start if you’re looking to A closer read of the full articles can reveal even more. Look Again! o Framing isn’t the same as bias. But if a news story /s biased, it will usually be framed from that perspective. Comparing how news providers tell the same story is one way to detect media bias. And piecing together different frames of the same story can give you a more complete and unbiased picture of the issues. Recognizing a story's frame is important because frames are intentional. Most people don’t immediately notice the story's frame, but it cou/d influence your opinion of the issues. Your mad news skills can protect you. Simply being aware that every story has a frame—no matter how neutral it may be—is a good place to start. Representation Name: There’s So Much to Do The problem is representation may not feel very personal to you. Think about it. Your federal legislators represent anywhere from 500,000 to = | _scsininenmiaiancasiaasbil wg 1,000,000 people in your state or district. When they come to Congress, ‘they work on bills in many areas. In 2019, Congress introduced 8,820 bills Legislators work on and resolutions. There’s no way a representative could contact 500,000 bills in many areas like community members to ask how they should vote every time a new bill is immigration, taxes, i brought to the floor. So what’s a representative to do? education and more! ee ail pe TTT orECEEEFE nn There are over 331 million people living in the United States. It would be impossible for each of us to be directly involved in lawmaking. Instead, we vote for who should represent our interests, needs, viewpoints, and values in government. That's the idea behind representation. People elect a small number of officials who they feel will do a good job acting on their behalf. ener Do What You're Told! Some people believe that political representatives should only do what their constituents (voting members of the community) tell them to do. If voters want more money for education, then their representative votes for more money for education. This is known as the delegate model of representation. In this model, representatives don’t make their own decisions or act on their personal beliefs or feelings. Think of them as a spokesperson or mouthpiece. They are selected by their constituents and sent to Washington to voice the will of the people. One of the upsides to the delegate model is that it closely matches what a majority of voters want. This means that voters are likely to be happy and heard. This is especially true when it comes to issues that voters truly care about. But is it really possible for a legislator to know what all of their constituents want? What if an issue isn’t important to them? Or what if there are conflicting views? What does the legislator do? Use Your Head Being a trustee does free me up to use my judgment... Other people believe that when voters choose their representatives, they choose them to be trustees that take the best course of action for everyone. This leaves more room for the representative to be free to decide what should be done. They can use their own judgment when they vote. Of course, they may also vote against what their constituents want if they believe that’s the best decision. This is the trustee model of representation. One benefit of the trustee model is that it allows a representative to work with other representatives to do what is best for the nation, even if it might not be the best for their constituents. It also allows them to take into account factors and information that constituents might not have considered. The trustee model frees legislators from having to always match their vote to public opinion—that is the public’s attitude or general feeling towards the issue. But a drawback is that the will of the people could be ignored. §CEVECS © 2021 icivics, Inc. Reading — Side A Representation Name: A Balance of Two There is another way to think about representation. Some people think that representatives should act as a delegate in some situations and as a trustee in others. This is known as the politico model of representation. The politico model allows more flexibility. It allows the voters to have their ideas carried out, and leaves the representative with enough room to use their judgment and expertise. Many experts estimate that most representatives follow this model of representation. Why Do They Vote That Way? So why should you care about all of those models of representation? The way a representative views their job directly affects if and how they vote on legislation that impacts you. Representatives that follow the delegate model almost always want to please their constituents. Ones who believe they are trustees will likely act according to what they feel is the best for the nation first. But it’s important to keep in mind that models of representation aren’t the only things affecting how your legislator will vote. They want to be reelected and there are other factors that influence their vote. Feeling Pressure One of those factors is their political party’s views. Representatives band together to pass legislation. Bills can’t pass if a majority of legislators don’t agree to them. In Congress, there’s pressure to vote along “party lines”. This means that a representative is espected to vote the same way as party members from other states and districts. Political parties put pressure on members to do this. Parties have political values and agendas they want to uphold. The way they push them forward is by gathering congressional party members to vote to advance them. | PARTY VALUES Party values involved in lawmaking like competition, cooperation, liberty, and cost savings can impact how a legislator votes Gna bil Representatives also feel pressure from groups when they vote, especially when those groups donate to their campaign. Interest groups are ogranizations that form to support shared concerns. They hope to persuade legislators to support laws that help their cause and oppose ones that don’t. By forming political action committeess (PACs), interest groups can donate to campaigns. If an interest group like Mothers Against Drunk Driving (MAAD) or the American Federation of Teachers (AFT) » donates to your representative, they will expect to be BUT WHAT DO | LOOK FOR? There are questions you can ask yourself when viewing a congressperson’s voting record. Try starting with these: e Where does the representative stand on the issues? ¢ Are they voting the way you would on legislation that matters to you? * Are they consistently voting the same = away? If nt, what might be nese * Sane OF EBAgES! Do their votes in Congress match up with their campaign promises? ac na BVICS © 2021 icivics, Inc. _ heard when your representative votes. Voting Records How do you know how your representatives are voting? The Congressional Record is the official record of every vote from every representative in the House of Representatives and Senate. You can look through the record to see how legislators voted and how your representative’s votes match your views. Viewing their Voting record can also help you determine if you like how they have been representing you. Remember, voters have the opportunity to contribute their vote to whether a member of Congress is elected to another term. One day, you'll have that opportunity too. Reading — Side B Representation Name: Am I Represented in Congress? How can we make sure all groups of people are represented in our country? The Congress serving from 2021-2023 is the most racially and ethnically diverse ever. Of the 532 voting members, 124 lawmakers identify as Black, Hispanic, Asian/Pacific Islander, or Native American. But non-Hispanic White Americans are still largely overrepresented in Congress. Women are represented in higher numbers than ever, but still only about a quarter of Congress is female. Does any of that matter? a: ey art ad The answer to that question depends on what's important to you when it comes to representation. Political representatives cast votes, intervene on behalf of their constituents with federal agencies, and use their power to champion issues. Research has shown that older representatives tend to introduce bills that concern elderly people more often—things like retirement and healthcare. People in Congress are usually older. Is there a connection? Researchers have found that there is. Of course the age of a representative’s constituents impacts their interest in bills like these. But legislators who are 65 and older are still more likely to support issues concerning the elderly even when voters lack interest in them. Diversity in Representation FACTORING IN POLITICAL LIFE What can PULL people into political life? Personal motivation, early exposure to politics, education, political involvement, a public- What can PREVENT peas — m joining politcal tie in government when you look at national statistics. Some people ask if this is a problem. Should Congress be as diverse Facing career as the nation it represents? Does diversity of party support, high campaign passing laws? Are Americans who don’t see Lack of political network, lack costs, little to no understanding of political processes IN WHAT WAYS DO YOU THINK FACTORS LIKE THESE HELP DETERMINE WHO SERVES IN CONGRESS? Slow Down Despite being our most diverse Congress ever, minority groups are underrepresented make a difference when it comes to themselves often enough in government discouraged by a political system that leaves them out? When it comes to evaluating how representative your Congress is, keep in mind that a variety of factors will contribute to who you see (and don’t see) in government today. a Minute! Representation is complicated, but knowing how it works is key to understanding the democratic process. Winning candidates represent you, whether you vote for them or not. Keep in mind what you expect from your legislator. Do you want a delegate? A trustee? A politico? What kind of work do you need to do to keep track of their performance? If only certain groups are represented, what can we do to change that? Studying representation will shine a light on how well the country is making sure your voice and every person’s voice is heard. And once you understand how representation works, you will be able to make empowered decisions about who represents you and get more civically involved. AVICS © 2021 iCivics, Inc. oy £ / \ A j \ be Reading — Side C Mepra Moment min: Midterm Elections Name: Midterm elections are non-presidential elections. They happen exactly two years after a presidential election (like 2018 and 2022), and they're a big deal for Congress. During midterms, every seat in the House of Representatives and one third of the seats in the Senate are open. Because midterms happen smack dab in the middle of a president's term, they have the potential to impact legislative and executive agendas. Power Struggle Midterm elections are all about control—of the House and the Senate anyway. When you're a Representative or a Senator trying to get things done, it’s beneficial to be surrounded by colleagues from your own political party. You all will want to accomplish similar goals. And usually you'll agree about the best approach for accomplishing them. That's not to say you won't have differences, but people of the same political party tend to share a set of common government values and ideals that make People of the & writing, negotiating, and passing legislation easier. to share a common set of government cal nary tend values and ideals. The political party in control of either chamber of Congress is called the majority party. Democrats and Republicans hope to make, or keep, their party the majority during a midterm election. But midterms aren’t just about the legislative branch. The person heading the executive branch matters, too. The president can’t write or pass laws; Congress does that. And Congress can’t just turn bills into laws; the president has to sign (or veto) them first. Presidents often find it easier to get legislation passed that aligns with their agenda when working with a Congress controlled by their own political party. Likewise, Congress doesn’t fear the president's veto power when the majority party is the same as the president's. In 1993 and 1994, Congress and the White House were both controlled by the Democratic party. That period saw 370 bills signed into law. No bills were vetoed by then President Bill Clinton. During the 1994 midterm election, however, the Republican party regained control of the legislative branch. President Clinton vetoed 17 bills from 1995-1996, including Republican spending and tax cuts. Only 311 bills were signed into law, and the government shut down twice because the President and Congress could not agree on a budget. Finding Balance Even though midterms are congressional elections, the president has a lot to do with their outcome. That’s why midterm elections are called a “referendum” (or vote) on the presidency. By the time midterms come along, the American people have been closely following the news coverage of the president’s every move. And if enough people don’t believe the Commander in Chief is doing a satisfactory job, they show it during the midterms by voting members of the president's political party out. Legislators from the president's party are more likely to gain seats during a presidential election year and more likely to lose them during a midterm. That’s exactly what happened in 1994. For the first time in 40 years, Republicans gained control of both the House and the Senate. Midterms can have striking effects in the Capitol. While a government divided— one political party in control of one or both congressional houses and the other party controlling the White House—can pose challenges, it can also even the scales. The legislative and executive branches check and balance one another. And that means compromising across party lines becomes a greater priority for everyone involved when different parties are in control. EVICS © 2018 icivics, Inc. Reading — Side A Mepra Moment min: Midterm Elections Name: Horse Race Journalism On your mark. Get set. Go! Those probably aren’t the words you'd expect to hear in a lesson about journalism. But during election season, it’s pretty common for media providers to get caught up in the race. Horse race journalism is a term used to describe news coverage that focuses most of its attention on which candidates are winning (and losing) the race—hence the name. In this type of media coverage, you hear less about candidates’ actual platforms and policies and more about their potential to come out as a winner. Following the Race If your news provider is focusing on the “horse race”, they’re reporting frequent updates that let you me a= know where the candidates stand in the election. You might hear or read statements like: e e e e Candidate A showing a strong lead among voters according to... The latest survey is predicting a tightening race between... Among young voters Candidate B is gaining ground... Candidate C is trailing just behind... And on election night, you'll see round the clock coverage highlighting states and districts showing you which candidate has the most votes at any given moment and where. Sometimes news broadcasts will even “call the election” by projecting the winner before all the votes have been counted. Depending on the election, the media might start reporting about potential candidates’ likeliness to win a race very early on. Wondering where the media gets all their stats? Results from primary elections and early voting give some insight into who the election front runners could be. But in most cases, they’re using some sort of poll. A poll measures people's probability to do something or their opinion about a topic. In other words, a question might be framed in a way to ask /fa voter will vote for a particular candidate or how they fee/ about him or her. The most reliable polls are conducted scientifically, have a slim chance of error, and are expertly analyzed before the media tells you about them. But even carefully conducted polls can predict wrong. A Major Impact Presidential campaigns tend to receive a lot more news coverage than midterm and especially local elections. No matter the election, it’s important for voters (and you, a future voter!) to pay attention to how the media is covering it. Are you learning about the candidates’ platforms or are you just getting stats? Do you seem to only hear about the candidate that’s in the lead? Is the coverage influencing you? Probably. As media consumers, we tend to think most about what's right in front of us—on our TV screens, the internet, our news feeds, the newspaper. If only a few candidates are getting coverage or if one candidate is getting far more __ | OFFICIAL nl : ionrmcnenimabwaindny/iiwoncnvecencnienee | ~ cams Sa TAL Tee RT | Ho e cy | iC RVICS @°: 2. CD se --, © - £ oo & c @° @- —~ |, coverage than the others, who do you think Americans talking about most? Coverage about a candidate's lead isn’t negative news. It’s positive or neutral at best, and iNfluences our thoughts, too. It can be helpful to know will be certainly that where the candidate of your choice stands in the race. But if you’re noticing that the news is focusing more on the race and less on what the = who involved in the race stands for, then you'll want to turn to |» other sources that can better inform you of the issues. Realizing _ the media's influence on your decision as a voter can help you ~niuash.8” make an independent and informed decision at the polls. © 2018 iCivics, Inc. Reading — Side B Mepra Moment min: LHNCUMbent I Advantage Name: Incumbents and Elections Would you be a little nervous if you knew a competitor might challenge you for your position—your job, your place in student government, your leadership as field hockey team captain or trombone section leader? Most legislators don’t even break a sweat. That’s because when it comes to congressional elections, incumbency has proven to hold the advantage. You heard right: in + KUM + buhn + see. It’s a fancy way of saying currently holding, in this case, congressional office. Your representative or senator is the incumbent. And if he or she is running for reelection, they’re likely to win. Why Do Incumbents Have the Advantage? Tue INCUMBENT ADVANTAGE! One reason incumbents have the advantage is because you probably already know their name. After all they've served you before. Maybe you read about them in the local paper or saw an interview on T.V. Media coverage means you know more about them and about what they’ve done in office. Incumbents also have the funding needed for a successful campaign. Advertising, polling, mailings, events, and staff are all essential to a campaign, and they all cost money. Incumbents have established relationships with donors who contribute to campaigns, and because of a special privilege known as franking they're able to send free mail to constituents to keep their name top of mind. Sometimes districting plays to the incumbent’s advantage. A change in a state’s population during the national census can change the number of representatives that state elects to the House. When this happens, states redraw their district lines so each district has an equal number of citizens. If those lines are drawn so certain districts purposefully have more Democrat or Republican voters, it tips the hat in favor of the candidate from that party. Drawing district lines like this is called gerrymandering. Some people choose to vote along party lines, so an incumbent running in a district gerrymandered towards their party is pretty much guaranteed to win term after term. Pros and Cons There are definite upsides to voting the incumbent into office. They’ve done the work before, which means they understand our congressional system. They've got an insider’s view that a newbie legislator just won't have. Also, passing a bill through Congress can be a slow process. Bills can be reintroduced in different forms several times before they gain the support they need. An incumbent may find real advantage in returning to champion a particular bill term after term. There are drawbacks too. With 80-90% of senators and representatives returning to Congress time and time again, that leaves less room for new opinions, insights, and causes to care about. The incumbent advantage can provide a pretty sure sense of security, and while it may sound crazy, that’s not always a good thing. If you were guaranteed an A in class, would you feel the pressure to study? If your legislator a wasn’t so sure about the outcome of the next election, do you think they’d work even harder to produce the results that could win them your vote? And since the incumbent advantage means that congressional seats don’t change hands easily, another drawback is that incumbency reduces the rate at which more women and minorities are elected to Congress. §CBVECS © 2018 icivics, Inc. Reading — Side A Mepra Moment mint: LENCUMbent Penny jum’ Advantage __ Name: For Your Thoughts? Y Are you 9 happy with the job that Congress is doing? That’s actually a very 2 common poll question. And believe it or not most Americans say no. Given the ss statistics, the incumbent advantage is often summed up in one very famous sentiment: “Everyone hates Congress, but loves their Congressman.” Hey, everyone , is entitled to their own opinion. And so are you. You've probably noticed that opinion can often times be found right alongside the news. Or maybe you haven't because sometimes opinion is disguised to look like news. But let’s get this straight: opinion is not news. Opinion Journalism Objective news reporting gives you the facts about what's happening. Opinion gives you someone's thoughts about what’s happening. See the difference? Objective news reporting is not opinion. But opinion can include news. Recognizing the difference is important. You don’t want to be fooled into thinking someone's thoughts, no matter how well-reasoned, are facts when they’re not. And you don’t want to be influenced by someone presenting their opinions as news. Useful opinion is based on verified facts. Opinion journalism (note the word journalism) follows standards. That means setting and following practices to ensure reporters, contributors, and editors don’t misrepresent the facts or the context in which things happened as they offer their opinion. Blurred Lines The Society for Professional Journalists (SPJ) agrees that opinion should be clearly labeled, but not everyone follows SPJ standards. Depending on where you're getting your news—newspapers, the radio, TV, blogs, websites, YouTube, social media—it might not be so easy to spot opinion for what it is. Take these headlines for example. Are they news or opinion? * * * * “A time for congressional term limits” (The Hill, 4-3-17) “New term limits for members of US Congress’ (American Military News, 8/11/17) “Term Limits Don’t Work: States that have tried limiting lawmakers’ time in office aren't better off” (US. News & World Report, 1-16-15) “Congressional term limits are a bad idea” (Vox, 10-18-16) Well check in with politica analysist Vanessa Dale next. Stay tuned. \A They’re actually all opinion. And if you visited the site that published each story, you’d see a label like “opinion” next to each article. Some media outlets prefer to use labels like “op-ed”, “commentary”, or “analysis”. That's okay, too, because you know that those labels still mean you're reading someone’s thoughts, not objective news reporting. Reality Check To be clear, opinions aren’t bad. News-related opinions written by qualified authors can help you gain perspective, decide how serious a situation may be, or consider a point of view you never realized existed. People can agree or disagree with an opinion, think it helpful or worthless, but the opinion itself is not the problem. The possibility of mistaking someone’s personal views for facts is. And as you saw, opinions can be worded to look like facts. Without clear labels, the difference could be easy to miss. If you think you’re reading an opinion, check to see if that story has been labeled. If it hasn’t, read carefully. You don’t want to mistake someone's sneakily disguised opinion for something that it’s not. EV ECS © 2018 iCivics, Inc. Reading — Side B