Legislative Branch

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Congress represents:

The nation as a whole (national interest)

A constituency (state or congressional district)

These two groups usually are in conflict. For example, something such as higher farm prices may benefit a constituency in a farm state, but national consumers will not like the higher prices.p

Also, a congressman's view may be in conflict with his/her constituent's view. For example, many voters in a state may be in support of increased gun control, but the congressman may not if he has had campaign finance contributions from powerful lobbies such as the NRA (pro guns).

"Members of congress view their constituencies in several different ways" - Richard Fenno. Their decisions depend on the issue at hand and which constituency will be the most affected (whether it be positively or negatively). He claims there are 4 concentric circles that compromise a congressman's constituency (Get Running Primates Please):

Geographic - largest; district as a whole; demographic makeup; includes everyone in the district, even if they didn't vote for the congressman

Reelection - people who voted for the congressman; members of congress are more responsive to those who voted for them

Primary - loyal supporters in the election; congressmen are even more responsive to this group; they campaign and support the congressman financially (ex. interest groups, corporate leaders, politicians)

Personal - close personal ties of the congressman; loyal advisors and aides; people the congressman trusts

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Gerrymandering: organizing districts in such a way that one political party (or certain interests or incumbents) has advantage over another

Has been used to dilute the political power of racial minorities (ruled against in Gomillion v. Lightfoot in 1960)

Article I, Section II: census must be taken every 10 years to determine the reapportionment (reallocation) of seats in the house among states

Adding or subtracting states in the House requires redrawing the boundaries of most, if not all, of the districts in the state.

The state legislature has the power of redistricting. If they cannot agree on a plan, the task is sent to the courts or to an impartial commission.

Wesberry v. Sanders + Reynolds v. Sims: equal protection clause (14th amendment) requires legislative districts be roughly equal in population.

Supreme Court ruled that the matter of redistricting is political and best left to the citizens and their representatives.

Davis v. Bandemer: a partisan gerrymander might violate the equal protection clause, but is not extreme enough for them to take action.

No gerrymander has ever been struck down by the court just because it gives an advantage to one party over another.

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Members of the House = "Representative" or "Congressman/woman"

They represent geographical areas in states known as constituencies (remember redistricting and stuff).

Reapportionment (every 10 years): divide the 435 members of the house among the 50 states based on population

The Reapportionment Act of 1929 set the permanent size at 435

Redistricting: after reapportionment, district boundary lines are drawn; each district should have approximately equal numbers of constituents

The Senate is a continuous body, meaning their seats are never up for election all at the same time. This eliminates the possibility of having a Senate full of inexperienced "newbies".

Filibuster: tactics aimed at defeating a bill from being passed by preventing a final vote; usually means talking for a very long time about anything.

It is ended by a 3/5 (used to be 2/3) vote for a cloture

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POWERS

Tax:

Impose duties and taxes to benefit the public or to get out of debt

Borrowing:

Borrow money for the welfare of the US

Commerce:

Regulate interstate and foreign trade

Bankruptcy:

People or businesses who can't pay their debts (insolvent) have their assets distributed among those in which their debt is owed

War:

Power to declare war lol duh

Foreign Policy:

Both President and Congress share powers to make foreign policy

Citizenship:

Naturalization; article I, section VIII, clause IV - power given to Congress

Postal:

Establish post offices and post roads

Patents, Copyrights, Trademarks:

Patent - right to manufacture, use, or sell inventions (20 years)

Copyright - legal right of person to produce, publish, sell stuff (70 years)

Trademark - symbol or word(s) legally established to represent a country

Weights & Measures:

Establish set lengths and weights

Judicial:

Create all courts below Supreme Court

Define federal crimes and punishments

Impeachment/removal of government official

Role in Amendment Process:

Congress can propose an amendment with 2/3 majority in both houses

Appointment

Congress has the power to appoint federal officials; Senate must approve presidential appointments

Treaties

President has power to make treaties with 2/3 approval of the Senate

Oversight

Make sure the executive branch carries out laws faithfully and spends appropriations properly

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How a Bill Becomes a Law

Bill is introduced for Congress.

Referred to the Committee. If approved, it is sent to Congress for review.

If one house approves it, it goes to the other. If rejected by either house, sent back to step 2 or rejected.

House

Referred to committee or subcommittee

Committee reviews/changes/marks up the bill

Full committee votes

Committee puts bill on House calendar

The House debates the bill, amendments added

The House votes

Senate

Referred to committee or subcomittee

Committee reviews/changes/marks up the bill

Full committee votes

Committee puts on Senate calendar

Senate debate, amendments added

Senate votes

If approved, it is sent to the President who chooses to pass it or veto it. If he vetoes it and it is eventually sent back to both houses, they can either alter the bill, reject it, or vote to override the president's veto. If he passes it, the bill becomes a law. If he doesn't sign it, after 10 days it will become a law.

Whereas a bill has an intent to become a law, an resolutions is essentially meaningless. They may push the public in the right direction, but no laws are actually passed.

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CONGRESSIONAL LEADERSHIP

President of the Senate (VP Joe Biden)

Presides over daily sessions

Preserves order

States parliamentary motions

Rules on parliamentary questions

Appoints committee and chair members

Refers bills to committee

Signs legislation, writs, warrants

Official spokesman of the Senate

Speaker of the House (Paul Ryan)

Presides over daily sessions

Preserves order

States parliamentary motions

Rules on parliamentary questions

Appoints committee and chair members

Refers bills to committee

Signs legislation, writs, warrants

Official spokesman of the House

President Pro Tempore (Orrin Hatch)

Takes the President of the Senate's position in their absence

Assume other duties assigned by the president

Majority Leader (Mitch McConnell - Senate; Kevin McCarthy - House)

Lead speaker for majority party during debates

Develops calendar

Assists president or speaker with program development, policy formation, policy decisions

Majority Whip (John Comyn - Senate; Steve Scalise - House)

Assist floor leader

Ensure member attendance

Count votes

Communicate majority position

Minority Leader (Harry Reid - Senate; Nancy Pelosi - House)

Develop minority position

Negotiate with majority party

Directly monitor caucus activities

Lead debate for minority

Minority Whip (Dick Durbin - Senate; Steny Hoyer - House)

Assist minority leader

Count votes

Ensure attendance of minority party members

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COMMITTEES: Where most work of congress happens

power to push bills to their house

power to reject a bill

"Ranking Member": belongs to the majority party, and out of seniority comes 2nd in power behind the committee chairman.

Standing Committee: permanent, meets regularly

Select Committee: small, appointed for special purposes

Joint Committee: both houses

Conference Committee: appointed by both houses to settle disagreements on a bill

Specific Committee: ??

House Rules Committee: in charge of determining under what rules other bills we come to the floor

House Judiciary Committee: has jurisdiction over matters relating to the administration of justice in federal courts, administrative bodies, and law enforcement agencies

Senate Judiciary Committee: hold hearings on policy issues and on specific bill proposals, markup bills, report legislation and recommend changes

House Ways and Means Committee: deals with taxation