congress- constitutional provision

congress- constitutional provision

1. post revolutionay period- founding fathers vision

   • wanted a federal government characterised by 'limited government' and checks and balances
   • was not mean to resemble the british parliament, where the government pushes through its policy programme at will
   • could be described as the preeminent branch because it is the first article in the constitution
   • founding fathers envisioned the HoR as being the representative branch is elected by the people and the senate originally by state legislators.
     • 17th amendment- senate directly elected by the people
   • pre-eminent branch

2. composition

   • Bi-cameral system
     • the house
       • 435
       • lower house
       • proportional representation
         • done through the 10 year annual census
           • e..g in 2010 ohio's fell from 18-16
       • directly elected
       • speaker- paul ryan
       • nancy pelosi- minority leader
       • kevin mcarthy- majority leader
       • elected every 2 years
         • founding fathers- be more responsive to constituents and representative
     • the senate
       • equal representation
         • 2 senators per state
           • keeps the states with large populations and those with small populations content
       • upper house
       • 100 members
       • chuck schumer- minority leader
       • mike pence- speaker
       • mitch mconnel majority leader
       • split into 3 sections and each section is re-elected every 2 years so the whole house is re-elected every 6 years
         • be more stable- 1787 philadelphia convention
         • accountability?
   • compromised at the philadelphia convention
     • between proportional and equal representation

3. the electorates

   • representation of the 115th congress
   • women
     • 104 in total
       • 83 house
       • 21 senate
       • 19% of congress doesn't relate to 50% of the population
   • hispanics
     • 38 in total
       • 34 house
       • 4 senate
       • Charles Rangel , will be the first Dominican-American elected to Congress
   • minorities
     • african americans
       • 49 in total
       • 46 in the house
       • 3 in the senate
     • asian americans
       • 15 in total
       • 12 in the house
       • 3 in the senate
     • 102 in total
     • Stephanie Murphy (D-Fla.) will be the first Vietnamese-American woman elected to Congress.
   • LGBT
     • stay the same
     • 7 in total
     • 6 in the house
     • 1 in the senate
   • non christian
     • Tulsi Gabbard (D-Hawaii) is currently the only Hindu in Congress
     • The next Congress will have three Buddhists: Hirono in the Senate and Reps. Colleen Hanabusa (D-Hawaii) and Hank Johnson (D-Ga.) in the House.
     • jewish
       • 30 in total
       • 22
       • 8 in the senate
     • hindu
       • 4 in total
       • 4 in the house
     • buddhist
       • 3 in total
       • 2 in the house
       • 1 in the senate
     • muslim
       • 2 in total
       • 2 in the house

4. exclusive powers

   • senate
     • confirm appointments
       • give consent if the president wishes to fill a vacancy
         • antonin scalia died and obama wanted to appoint merrick garland but the senate said the next president should appoint his replacement. his nomination expired at the end of the 114th congress
     • ratify treaties
       • 2/3 majority needed
         • 2010 71/26 for the START treaty
     • try cases of impeachment
       • the trial is to determine if someone is guilty
         • Porteous was found guilty by the senate on four counts
     • elect the vice
       • if the EC is in deadlock
         • never bee done
   • HoR
     • initiate money bills
       • the budget
     • impeachment
       • used this 19 times
         • thomas porteous in 2010
     • elect the president if the EC is in deadlock
       • has only been used in 1800 and 1824

5. concurrents powers

   • override the presidents veto
     • H- executive order
     • 2/3 majority in both houses.
       • 2007 bush's veto was overridden on the water resources development bill 81-19 in the senate
   • pass legislation
     • go through all stages in both houses
       • neither hosue can override the wishes of the other
         • must agree on the same version of the bill or it will go to the conference committee before presidential action
     • checks by the executive
       • recccomend legislation and can veto legislation
     • checks by the judiciary
       • judicial review allows acts of congress to be unconstitutional e.g. bush's line veto
   • initiate constitutional amendments
     • 2/3 majority before it can be sent for ratification
       • e.g. 17th amendment
   • confirmation of the appointment of the vice
     • 25th amendment gave both houses this power. this has occurred with gerald ford and nelson rockerfeller

6. is the senate more prestigious than the house

   • yes
     • senators represent the entire state
     • senators serve longers terms
     • only one of 100
     • senators are more likely to chair a committee or sub committee or hold a leadership role
     • members never move from the senate to the house but they do the other way round
     • senators enjoy a greater name recognition
     • the senate is see as a recruiting pool for the president and vice
     • significant exclusive powers
     • the framers saw it as the house for the wise e.g. 35 age limit and originally elected by state legislators
   • no
     • both houses have equal power in the passage of legislation- congress key function
     • both houses must approve the initiation of constitutional amendments
     • members of both houses receive equal salaries