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The Legislative Branch
Congress
U.S. Capitol
What is government itself?
One of the greatest reflections
on human nature. If men were
angels, no government would be
necessary…James Madison
Article I
House of Representatives
• 435 members
• 2 yr terms
• Reapportioned every 10
yrs
– Redistricting! See Gerry
• 25 yrs old, citizen for 7,
live in state
• Organized by party
– Leaders & Whips
• Speaker of House – John
Boehner (R)
• Strict Rules
Senate
• 100 members
• 6 yr terms
• 30 yrs old, citizen for 9,
live in state
• Organized by party
– Leaders & Whips
• Majority leader – Harry
Reid (D)
• Minority Leader- Mitch
McConnell (R)
• Loose Rules
Party Control of Each Chamber
232 Republicans
200 Democrats
3 vacancies
Popular Congress?
Impact of growing minority
groups?
Congressional Sessions
• Last two years
• Begin Jan. 3rd of the year after the election
• Usually end Nov. before election
– Lame Duck Sessions
Powers of Congress
• Expressed/Enumerated Powers
– Tax, Money, Trade, Declare War, Copyrights, etc
• Implied Powers – “Necessary & Proper” Clause
– Paying for things
• Checks & Balances
–
–
–
–
–
Amendments
Impeachment
Appointments
Treaties
Investigatory Powers
• Hearings
Demographics of the 113th
Congress
Who Are They?
Are they representative of the
people?
Members of Congress of the 113th Congress
– Personal and political background
• “average” Congress person = white male in
his late 50’s
• Majority are married with children
• 1/3 of the House and over ½ of the Senate
are lawyers
• Most have previous political experience
– local politics, state politics
Religion – House & Senate
Gender
Gender
House (%) Senate (%)
Society
Men
354 (81%)
83 (83%)
49%
Women
81 (19%)
20 (17%)
51%
Race/Gender
Race
House (%)
Senate (%)
Society*
White
343 (78%)
94
78.1%
Black
43 (9%)
1
13.1%
Hispanic
37 (8%)
4
16.4%
Asian
10 (2%)
1
5.0%
AmericanIndian
2 (less than
1%)
0
1.2%
*Hispanics may be of any race, so also are included in applicable race categories
Gerrymandered Districts
• High percentage of one
party
• Candidates must cater
to the active (usually
fringe) members of
party
• No moderates able to
get through primary
system
10 Worst Gerrymandered districts
Geographic Districts
• Legislators are elected into single-member districts, where each
legislator represents a separate, distinct election district.
• As held in the 1964, USSC case, Reynolds v. Sims (“one person, one
vote”), the Court held that both chambers of a state legislature
must be apportioned so that all districts are equal in population.
• Following every 10 year census, each state must undertake a
redistricting process to correct for changes in the populations of the
districts.
• Redistricting: the drawing and redrawing of the boundaries of
legislative districts.
– Watch short video on redistricting:
http://www.pbs.org/newshour/thenews/thegov/story.php?id=19491&package_id=634
– Can be political!! Read about Iowa’s 2011 redistricting process:
http://www.fairvote.org/iowa-s-laudable-redistricting-process-and-the-super-district-alternative
Geographic Districts (Cont’d)
• The U.S. Voting Rights Act (1965) declares that
states with a history of electoral discrimination
against minority groups must preclear redistricting
plans with the U.S. Justice Department or the U.S.
District Court of the District of Columbia.
• UPDATE: In August, 2013, the U.S. Supreme
Court struck down key parts of the Voting Rights
Act.
Limiting Geographic Districts:
Through Gerrymandering
• Gerrymandering occurs if the lines
are redrawn to give a certain party,
faction, or ethnic group an advantage
Interested in trying it out yourself?
Play the Redistricting game:
http://www.redistrictinggame.org/index.php?pg=resourceguide
Gerrymandering: 3 Techniques
1. Dispersing /
Scattering/Cracking:
2. Concentrated/Packing:
3. Incumbent
Gerrymandering/Pairing:
1. Competitive – HOW IT SHOULD BE!!
2. Sweetheart (incumbent pairing) - redistricts two or more
incumbent legislators’ so that both are in the same district,
thereby ensuring that one will be elected.
3. Packing (concentrating) occurs if minority’s numbers are
great enough when diffused to affect the outcome of elections
in several districts.
4. Cracking (dispersing)To diffuse a concentrated political or
ethnic minority among several districts so that its votes in any one
district are negligible
Iowa Congressional Districts
U.S. Congress (House)
• Current U.S.
Representatives from Iowa
• Bruce Braley (D) - 1st - 2007
• Dave Loebsack (D) - 2nd - 2006
• Tom Latham (R) - 3rd - 1995
• Steve King (R) - 4th - 2003
U.S. Senate
• Chuck Grassley – R
– Senior Senator (1981)
• Tom Harkin – D
– Junior Senator (1985)
Action or Inaction?
An unbiased (or cynical)
look at the Logic of
Congress*
*Yes, that might be an oxymoron,
but Congress is full of oxymorons
Incumbents
• Only group of people that have to go to the people
and beg for their job year after year
• Americans view their own Congressional
Representatives favorably while overall approval
ratings are low
• Democrats or Republicans
• Average member of Congress gets a 60-65% approval
rating from his or her constituents
• Government by and for the people?
Checks and Balances
• Executive Branch and Executive Agencies
• Impeachment, Appointments, Overrides,
Judiciary…
• Appropriation
• Unique among Nations
• People are supreme
U.S. Capitol Rotunda
Differences – House v. Senate
• Constitutional Requirements
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–
–
–
25 years old, 30 years old
7 years citizen, 9 years citizen
State requirements
Native Born?
• Leadership Authority
– Seldom challenged, often challenged
• Committee Responsibility
– Very important, often overlooked
– “Rules” supreme, “Rules” weak
• Open Forums
– Limited, Encouraged
Benefits
• Salary $165,200+ per year (Leadership more—SOH- $
212,100
• Generous retirement and benefits (health care)
• Two offices- D.C. and Home District
• Staff members
• Franking privileges—work-related mail, FREE
• Assorted perks; no petty misdemeanors
Voting
Action Happens Because…
• Desire to Do the Right Thing
• Party Control of Both Houses
• Logrolling
– 1991 “Corn for Porn”
• “Shadow of the Future”
– Prisoner’s Dilemma…Modified
• Desire for Reelection
– Help Constituents
– Pork
Inaction Happens Because…
•
•
•
•
Divided Congress
Lame Duck Status
Partisan Bickering
Desire Reelection
– Change Vote to Get Votes
– Avoid Looking Bad
• It Was Designed That Way
State of the Union
Legislation Passage
• Appeasing the Chief Legislator i.e.- President
• Party influences 50% of the time
– House partisanship stronger than the Senate
– Compromise?
– Bipartisanship?
• Constituency support
– Voting records
– Issues
• SIGS and Lobbyists
– Restricted by Congress but…
Making Policy
• A collection of “generalists” making policy on specific topics
• If one needs to know how to vote on a bill, ask a committee
person and/or party colleague and/or other 
• House Rules Committee
– Traffic Cop controlling the flow of bills establishing rules for
each bill and its schedule
– Leadership (Speaker of the House/ Majority and “Minority”
Leaders)
• Party caucus and committee assignments
• Rules Committee members
• Influence bill assignments to committee
Committees
Committees
• Legislation and Oversight
• Standing Committee
– Separate subject matter committees
• Joint Committee
– House and Senate share membership i.e.--taxation
• Conference Committee
– Two bills must become one/ compromise bills
• Select Committee
– Specific reason
• Assignments
– House- two committees and four subcommittees
– Senate- three committees and seven subcommittees
Committees
• Committees also perform oversight if and
when a bill ever becomes law
• Committee chairpersons—seniority prevails
but majority caucuses now can choose
chairpersons
• Caucuses vs. Party Leadership
– Legislators can ban together under an “ideological
flag”
• Black Caucus, Pro-Life, Pro-Choice, Gun Control, etc.