Congress Powers, Structure, & Members Chapter 5 Unit 2 Article One of the U.S.

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Transcript Congress Powers, Structure, & Members Chapter 5 Unit 2 Article One of the U.S.

Congress
Powers, Structure, & Members
Chapter 5
Unit 2
Article One of the U.S. Constitution
creates the Legislative Branch of
our national government
Legislative
Functions
Congress
CAN
•Make laws for the nation
CAN NOT
•Make laws for the states
•Deny citizens legal rights
•Deny citizens civil rights
and civil liberties
guaranteed by the Bill of
Rights
The legislative Functions of
Congress are based on
enumerated powers (listed in the
Constitution; delegated/expressed)
Sovereign powers given to
Congress = those that belong to
any independent nation (inherent
powers).
Implied Powers
•Constitution gives Congress the
right to pass any laws that are
“necessary and proper” to
carrying out its duties, as they are
listed (expressed powers)
•N & P Clause AKA “elastic clause”
– Congress can pass any law that
is reasonably related to doing its
job: defending the people,
protecting their welfare.
Examples of the elastic clause
• Establishing a Bank of the United States
• Creating an air force
• Establishing the IRS
Non-Legislative
Functions
Advice and Consent
Presidential appointments to many
important federal jobs that must be
approved by majority of the Senate
•Cabinet members
•Ambassadors
•Federal judges
-Treaties negotiated by the
President’s staff must be approved
by 2/3 of Senate
Impeachment
Bringing charges against an
official in executive or judicial
branches by the House.
-requires a 2/3 vote of Senate to
convict in a trial
Federal Election Day
The first Tuesday after the first
Monday in November, in evennumbered years.
Next election?
November 2, 2010
House & Senate
Length of terms
House = 2 years
Senate = 6 years
•No term limits for both
-Only 1/3 of Senate seats are up
for election each two years
Filling Vacancies
SENATE
17th Amendment states that a
senator can be replaced
1. By a special election
2. During the next regular election
3. A state’s governor may appoint a
replacement
Filling Vacancies
HOUSE
1. State’s governor may call a
special election
2. Next regular election
Representation
SENATE
• All states guaranteed 2 Senators
(total of 100)
• State legislators used to select
Senators
• 17th Amendment made for
“popular election” of Senators
Representation
HOUSE
• Seats are distributed according
to population
• Each state is guaranteed at least
one Representative
• Total today = 435 members
• Non-voting Representatives are
elected from U.S. territories
(Puerto Rico, Virgin Islands etc.)
One Person, One
Vote
Census
Population count taken every 10
years
Reapportionment
The re-distribution of House seats
among the states, based on the
census
Drawing District Boundaries
Re-district: to re-draw boundaries
of districts so that they are
approximately equal in
population…this responsibility is
given to the state legislatures.
Gerrymandering
Practice of drawing odd-shaped
boundary lines to favor a
particular party
•
•
•
•
Racial
Linguistic
Religious
Class
-also used to reduce/increase the
voting power of a particular
group
Gerrymandering
1812 illustration depicting the odd districting of Massachusetts
that looked like a salamander or gerrymander created by
Governor Elbridge Gerry
Qualifications For
Congress
Are you qualified?
Constitutional Requirements
SENATE
1. 30 years old
2. US Citizen for 9 years
3. Live in the state they represent
UNITED STATES SENATE
51 DEMOCRATS
47 REPUBLICANS
2 INDEPENDENTS
(CAUCUS WITH
DEMOCRATS)
2010 SENATE SEATS
2008 SENATE SEATS
Constitutional Requirements
HOUSE
1. 25 years old
2. US citizen for 7 years
3. Live in state they represent
HOUSE OF REPRESENTATIVES
2010 HOUSE
HOUSE OF REPS. 435 MEMBERS + 6
NON-VOTING
MEMBERS
242 REPUBLICANS
193 DEMOCRATS
2008 HOUSE
Congress Is An Elected Assembly
• As a result of the Great Compromise at
the Constitutional Convention –
• the Senate was supposed to represent
the states
• the House was to represent the people
and the principle of popular sovereignty
- the power of the people
U.S. Senate
U.S. House of Representatives 29
Who Are the Members of Congress?
Qualifications for Congress
Judging members’ qualifications –
• Each house of Congress has right to judge
“elections, returns and qualifications of its
own members”
• In 1967, House refused to seat
Representative Adam Clayton Powell, Jr.
of New York because of alleged “financial
misconduct”
•Powell sued – and won
• Supreme Court ruled in Powell v.
Powell
McCormack (1969) that Congress could
not require new members to satisfy more
than the qualifications established in the
Constitution
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Over-represented in Congress
Congress
•83% male
•40% Lawyers
•85% white
•Wealthier than avg.
citizen
United States
•49% male
•1% lawyers
•66% white
•“blue collar” salaries
2008 distribution (111th Congress)
SENATE
• 17 Female Senators (Most in
History) (38 since 1789) - 59
Democrats 41 Republicans 2
Independents
• Oldest is Frank Lautenburg 86
(276 days) D-NJ
• Longest serving is Daniel Inoyue
86 (49 days) D- HI. Serving in
Senate since 1963 (47 years)
• Youngest is Mike Lee 39 R-UT
2008 distribution (111th Congress)
HOUSE
• 75 Female Reps {1st Female
Speaker of the House- Nancy
Pelosi – (D-Cal)} (229 since 1917)
• Oldest Ralph Hall 87 R-TX
• Youngest Aaron Schock 29 R-IL
2010 DISTRIBUTION (112th
CONGRESS)
• 75 Female Reps
• Average Age =58
• Current Speaker of the House is
John Boehner R-OH
• Oldest Ralph Hall 84 D-MI
• Youngest Aaron Schock 29 R-IL
Income
• Median income for all
households in the U.S. was
$49,777.
• Base salary for members of
Congress is 174,000.
Freedom from arrest
Constitution grants freedom from
arrest while traveling to and from
legislative sessions called
congressional immunity
-includes minor traffic violations,
jury duty, and civil suits (not
serious crimes)
Freedom of expression
“protected speech”
•They cannot be prosecuted or
sued for libel or slander for
speeches made in committees or
on the floor of Congress, or for
what is printed in the
! &*X#X!!
Congressional Record
Compensation
and Benefits
•Base salary = 174,000
•Speaker = 223,500
•Majority/Minority Leader = 193,400
-Members set their own salaries
and benefits
27th Amendment
Written by James Madison and
Ratified in 1992:
No increase in congressional pay
can take effect until an election has
taken place
Fringe Benefits
“Perks”
Suite of offices, expense accounts,
money to set up office in home
district, phone, computer, and
broadcast services
Franking privilege
Free postal service on mail to
constituents
Fringe benefits cont’d
Travel expenses paid for and staff
to home state/district
Junkets
Unnecessary travel by officials to
vacation areas, paid for by the
taxpayers
Staying In Office
Incumbents
Those already in office
-usually able to be re-elected again
and again, and “perks” give them
advantages at time of election
What are the
advantages of being an
incumbent?
GUESS
WHAT?
• Can you imagine working for a company that has a little more
than 500 employees and has the following statistics:
•
29 have been accused of spousal abuse
•
7 have been arrested for fraud
•
19 have been accused of writing bad checks
•
117 have directly or indirectly bankrupted at least 2 businesses
•
3 have done time for assault
•
71 cannot get a credit card due to bad credit
•
14 have been arrested on drug-related charges
•
8 have been arrested for shoplifting
•
21 are currently defendants in lawsuits
•
84 have been arrested for drunk driving in the last year
Can you guess which organization this is? Give up yet?
It's the 535 members of the United States Congress. The
same group of people that crank out hundreds of new
laws each year designed to keep the rest of us
in line.
“The difference between death and taxes is death
doesn't get worse every time Congress meets.”
“We have the best Congress money can buy.”
- Will Rogers, American Humorist
*****************************
“Reader, suppose you were an idiot. And suppose
you were a member of Congress. But I repeat
myself.”
“It could probably be shown by facts and figures
that there is no distinctly native American
criminal class except Congress.”
- Samuel Clemons (aka, Mark Twain)
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1st. Rep. Jack Kingston (R)
2nd Rep. Sanford Bishop (D)
3rd Rep. Lynn Westmoreland (R)
4th Rep. Hank Johnson (D)
5th Rep. John Lewis (D)
6th Rep. Tom Price (R)
7th Rep. John Linder (R)
8th Rep. Jim Marshall (D)
9th Rep. Nathan Deal (R)
10th Rep. Paul Broun (R)
11th Rep. Phil Gingrey (R)
12th Rep. John Barrow (D)
13th Rep. David Scott (D)
GEORGIA CONGRESSMEN
Saxby Chambliss
Member of the House from
1995-2003
Elected to Senate in 2003.
Reelected in 2008.
Lawyer
Johnny Isakson
Member of the House
From 1999-2005
Elected to Senate in
2005. Reelected in 2010
Real Estate
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