Congress Kernell and Jacobson Congress and the Constitution

Congress Kernell and Jacobson

Congress and the Constitution Congress in the Constitution Product of Great Compromise Bicameralism: (two houses) Upper House (Senate): each state two members, selected by state legs (until 17 th amendment, 1913), three classes, (one third of the Senate is chosen every two years). Lower House (House of Rep): based on population, selected by the people (435 total, capped in 1929 (Apportionment Act)). * * Article I, Section 2: “The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative…” (2017: One rep for every 733, 103 people [318, 900, 000/435]).

Congress and the Constitution Lower House (House of Rep): based on population, selected by the people (435 total, capped in 1929 (Apportionment Act)). * *Article I, Section 2: “The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative…” (2017: One rep for every 733, 103 people [318, 900, 000/435]). ** Article I, Section 2: Three-Fifths Clause: Slaves were counted as “three-fifths” of a person for the purposes of determining population-based representation in the House of Representatives. This was superseded by Section 2 of the 14 th Amendment (1868), which reads "representatives shall be apportioned. . . counting the whole number of persons in each State, excluding Indians not taxed. ”)

Upper and Lower House 435 Members (capped in 1929) Each serve for two years Elected directly by the people Need to be 25 Citizen for seven years Must live in the State where they are elected Senate (more seasoned branch, will watch over House) 100 Members elected for six years Elected by state legislatures Need to be 30 Citizen for nine years Must live in the State where they are elected Madison: Federalist 62: Senate will calm passions of lower house.

Powers of Congress has broad powers: (Article I, Section 8) Examples: Power to tax, declare war, coin and borrow money Also, necessary and proper clause (elastic clause).

Congress and the Constitution Article I, Section 8: Congressional Powers The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States;

Congress and the Constitution Article I, Section 8: Congressional Powers To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

Congress and the Constitution Article I, Section 8: Congressional Powers To declare war, grant letters of marque and reprisal, and make rules concerning captures on land water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; Necessary and Proper (Elastic) Clause: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers…

Distinct Powers: House and Senate House Senate Levy Taxes (Art I, Sect 7, Origination Clause) Spending Bills (Money Bills) Ratify Treaties Confirm Cabinet Positions Confirm Supreme Court Justices

Any Member Sponsor Speaker/Pres Off Relevant Comm Moved Hearing Kill Pass Approp/Ways & Means No Action Pass Adverse Pull Discharge Floor Wright, Chapter 3: Vermont Legislature Floor Majority vote

Any Member Sponsor Speaker/Pres Off Relevant Comm Kill Rules Steer/Policy Pass No Action Floor Massachusetts Legislature Hearing Kill Pass Ways & Means Moved Adverse Floor Calendar Floor Study

Senate Floor Procedures: Right of First Recognition To bring legislation to the floor, the majority leader can either: 1) Move that a bill be taken off the calendar and considered 2) Ask for a Unanimous Consent Agreement (UCA) …

Senate Floor Procedures: Right of First Recognition Majority Leader/Presiding Officer Move Off Calendar UCA Floor

Senate Filibuster and Cloture Vote Consideration of a bill is subject to extended debate, which can only be stopped by a cloture vote, which requires a supermajority of 60 votes. Such an action, which mostly destroys the legislation under consideration is a filibuster. Cloture Process: - Rule 22: Starts with a petition of at least 16 Senators - Cloture Motion is Read - Set Aside for Two Days - Roll Call Taken (No Debate allowed) - 3/5 Vote of sworn members vote in favor: Cloture is Invoked - Result: Debate limited to 30 Hours, No Senator gets more than One Hour to speak, but is guaranteed 10 minutes if they have not spoken at the moment when 30 hours expires.

Senate Filibuster and Cloture Vote Consideration of a bill is subject to extended debate, which can only be stopped by a cloture vote, which requires a supermajority of 60 votes. Such an action, which mostly destroys the legislation under consideration is a filibuster. Conduct of a Filibuster: - Germaneness: For the first three hours of Senate business, debate must be related to the question or issue being discussed. After that, there is no such requirement. - The Senator must Remaining Standing - The Senator must Speak Continuously - The Senator cannot Yield the Floor to other Senators (unless they are Yielding for a question, but they still must remain standing).

Senate Majority Leader/Presiding Officer Move Off Calendar UCA Filibuster (extended Debate) Cloture Vote: Fail 60 Votes Supermajority Pass No Action Floor

Senate (Nuclear Option) Majority Leader/Presiding Officer Move Off Calendar Nuclear Option: In 2013, the Democratic leadership in the Senate voted(by a simple majority) to change Senate rules to make a simple majority vote (51 Senators) sufficient to end a filibuster. UCA Filibuster (extended Debate) 51 Votes majority Cloture Vote: Fail Pass No Action Floor

Congressional Districts 1) Single member districts (first past the post, winnertake-all) 2) State Congressional Delegations: determined every ten years by census.

Congressional Districts: Shifting from East to West as Population Shifts Mass: 1950: 14 2000: 10 -4 Penn: Texas: 1950: 22 2000: 32 +10 Arizona: 1950: 30 2000: 19 -11 1950: 2 2000: 8 +6