CONGRESS
GENERAL INFORMATION
-
CHARGED WITH THE
BASIC FUNCTION WITHIN A DEMOCRACY i.e. TRANSFORMING “PUBLIC OPINION INTO PUBLIC
POLICY”
-
BICAMERAL
LEGISLATURE – REFLECTION OF THE FEDERAL CONCEPT
o
SENATE – NATIONAL
IN SCOPE
o
HOUSE OF
REPRESENTATIVES – LOCAL CONSTITUENCY
-
TERMS OF CONGRESS
o
2 YEARS – 2
SESSION/TERM
o
THE PRESIDENT IS
EMPOWERED TO CALL A SPECIAL SESSION OF CONGRESS
THE HOUSE OF REPRESENTATIVES
-
REPRESENTATION
BASED UPON POPULATION
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435 MEMBERS
-
EACH STATE
GUARANTEED AT LEAST 1 REPRESENTATIVE
-
D.C.,
o
THEY HAVE A
DELEGATE PRESENT WITH NO VOTING PRIVILEGES
-
QUALIFICATIONS
o
25 YEARS OF AGE
o
CITIZEN FOR 7
YEARS
o
STATE AND
DISTRICT RESIDENCY REQUIREMENTS
10/2
-
TERM OF OFFICE –
2 YEARS
o
THE SHORT TERM
MAKES THEM MORE ACCOUNTABLE TO THE PEOPLE
-
REAPPORTIONMENT
– def – THE REDISTRIBUTION OF SEATS IN THE HOUSE OF REPRESENTATIVES
o
NECESSITATED
BECAUSE THE SIZE OF THE HOUSE IS FROZEN AT 435
o
NEEDED TO MIRROR
THE DEMOGRAPHIC CHANGES CAUSED BY
§
RATIONALE –
REALIGN POLITICAL REALITIES WITH POPULATION REALITIES
§
MOVEMENT FROM THE
“RUST BELT” TO THE “SUN BELT”
·
WHY - JOBS
o
EVERY 10 YEARS,
AFTER THE CENSUS
o
TODAY EACH
REPRESENTATIVE REPRESENTS A CONSTITUENCY OF ABOUT 610,000 PEOPLE
-
REDISTRICTING
– def- REDRAWING OF LINES FOR CONGRESSIONAL DISTRICTS
o
DONE BY STATE
LEGISLATURES
o
PARTISAN POLITICS
OFTEN GETS INVOLVED
-
SOMETIMES THERE
IS A NEED FOR REDISTRICTING EVEN THOUGH THERE IS NO LOSS OF CONGRESSIONAL SEATS
IN THE HOUSE
o
WHY – BECAUSE OF
THE INTERNAL MOVEMENT OF PEOPLE WITHIN THE
STATE
o
MEMBERS ARE
ELECTED BY DISTRICT
§
DISTRICTS SHOULD
BE
·
COMPACT
·
CONTIGUOUS
·
EQUAL POPULATION
-
GERRYMANDERING
– def – ARTIFICIALLY ARRANGING A CONGRESSIONAL DISTRICT FOR ONE’S POLITICAL
ADVANTAGE
o
CONCENTRATE
OPPONENT VOTES IN A SMALL REA AS POSSIBLE
o
SPREAD OUT
OPPONENTS VOTES ACROSS AS WIDE AN AREA AS POSSIBLE
-
WESBERRY V.
SANDERS AND BAKER V. CARR MADE
THIS PRACTICE UNCONSTITUTIONAL
o
ESTABLISHED THE
PRECEDENT “ONE MAN ONE VOTE”
THE SENATE
-
100 MEMBERS – 2
PER STATE
-
ELECTED “AT LARGE” AS OPPOSED TO BY DISTRICT
-
17TH
AMENDMENT
o
ALLOWS THE PEOPLE
TO ELECT THE SENATE
10/4
-
QUALIFICATIONS
o
30 YEARS OF AGE
o
9 YEARS A CITIZEN
OF THE
o
STATE RESIDENCY
REQUIREMENT
-
TERM OF OFFICE
- 6 YEARS
o
CONTINUING BODY
§
ONLY 1/3 ELECTED
EVERY 2 YEARS
·
ASSURES
CONTINUITY
·
LESS SUSCEPTIBLE
TO PUBLIC OPINION AND PRESSURE
-
CONSIDERED TO BE
THE MORE IMPORTANT OF THE 2 HOUSES OF
CONGRESS
o
IT WAS BELIEVED
THAT THE GREAT DEBATES OF GOVERNMENT WOULD
-
SITS AS JURY
DURING IMPEACHMENT
-
ELECTS V.P. IF NO
MAJORITY IN ELECTORAL COLLEGE
-
RATIFIES TREATIES
AND APPOINTMENTS
-
ELECTS OWN
OFFICERS
-
JUDGES THE
QUALIFICATIONS AND DISCIPLINES ITS MEMBERSHIP
PRIVILEGES AND IMMUNITIES
-
WHILE CONGRESS IS
IN SESSION
o
FREEDOM FROM
ARREST – EXCEPT FOR TREASON OF A FELONY
o
LEGISLATIVE
IMMUNITY
§
CANNOT BE HELD
LIABLE FOR SPEECH IN COMMITTEE OR ON THE FLOOR WHEN DEBATING OR TESTIFYING
BEFORE CONGRESS
10/5
THEORIES THAT INFLUENCE
VOTING
-
TRUSTEESHIP THEORY
o
A LEGISLATOR WILL
MAKE DECISIONS BASED UPON WHAT IS BEST FOR THE COUNTRY
-
DELEGATE THEORY
o
A LEGISLATOR WILL
MAKE DECISIONS BASED UPON WHAT IS BEST FOR THE CONSTITUENTS
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PARTISAN THEORY
o
A LEGISLATOR WILL
MAKE DECISIONS BASED UPON WHAT IS BEST FOR THE POLITICAL PARTY
-
POLITICO THEORY
o
A LEGISLATOR WILL
MAKE DECISIONS BASED UPON SOME COMBINATION OF ALL OF THE ABOVE