Congress = two houses (Senate/HR)
435 members, 435 Cong. Districts, reps. a district
2 yr terms - why? [Skousen, pp. 269, 270]
elections in Nov.
every state has a least one representative [A1, S2] – first breakdown [Skousen, p. 281]
proportional representation – no less than 1:30,000 (now 1:600,000)
Apportionment – proportional distribution of Cong. Seats among the states (California)
Census – 1790 – every 10 years [photocopy, Skousen, p. 278]
435 fixed in 1929 (1789-65) [Skousen, pp. 279-280]
* Skousen, pp. 294-301
“The Senate is the living symbol of the union of our states”
Smaller, more select – more deliberative, wise, etc.
100 members now, then 26 members
elections every 6 yrs (at-large) [Skousen, pp. 301-304]
Article V – 2 Senators from each state
17th Amendment - Senators elected by people, not state legislatures
– problems?
Age is 18 [Skousen, pp. 267-268]
Congress can regulate specifics of federal elections
1872: federal elections all on same day – Tuesday following first Monday in November in even-numbered years (General Election Day) [Skousen, pp. 328-330]
* Skousen, pp. 270-272
average: 50 yrs, white, male, family man, Protestant heritage
ethnic breakdown of present Congress:
Blacks: 36 in House (35 Dems., 1 Rep.; 1 Senate)
Hispanics: 19 in House (16 Dems., 3 Reps.; 0 Senate)
Asian and Pacific Islanders (4 in House; 2 in Senate – all Democrats)
Indian Americans: (1 Senate; 1 House; both Democrats)
Women (61 in House: 18 Republicans, 43 Democrats; 13 in Senate: 3 Republicans, 10 Democrats)
We vote for lawmakers who in turn vote for their own officials to lead Congress
Congress requires at least three positions:
- more power than president of Senate
- vote and debate
- supervises daily business of the House
- decides who and when members are recognized to speak
- One speaker became President:
|
1835–1839 |
24–25 |
James K. Polk (Tenn.) |
- follows VP in line of succession to President – (see handout)
- VP presides over Senate
- Tiebreakers
- In place of the Pres of the Senate
- “President for the time being”
à other officers – see p. 82
Parties evolve over time (Washington administration) – fears about political parties (handout)
Democrats and Republicans
Majority and minority parties
Majority party controls floor debate, floor and cmtee leaders, and have majorities on all comtees
Majority leader
Minority leader
Party whip – keeps “pack” together
Seniority system for party chairs – longest on cmtee
Party caucuses before term begins
* Skousen, pp. 341-345
Set own salary
Paid from US Treasury
27th Amendment – pay raises effective next term
The President of the United States earns $400,000 a year.
The vice president's annual salary is $186,300.
If George Washington's $25,000 annual salary was adjusted for inflation, it would now be $4 million.
Congress:
Rank-and-File Members' Salary
In December,
2001, Congress voted not to block a scheduled pay increase raising the annual
salary for a rank-and-file Senator or Representative by $4,900 to $150,000
per year. This increase, the third in the last four years, goes into effect
on Jan. 1, 2002. Since 1990, congressional pay has increased from $98,400 to
$150,000.
• Members of Congress are also allowed to make an
additional maximum 15 percent of their salary from outside sources, like
speaking, legal practice and consulting. In addition, they are allowed
unlimited income from book royalties.
• Members are free to turn down pay increase and some choose to do so.
• In a complex system of
calculations, administered by the Office
of Personnel Management, congressional pay rates also affect the salaries
for federal judges and other senior government officials.
• During the Constitutional Convention, Benjamin Franklin considered proposing that elected government officials not be paid for their service. Other Founding Fathers, however, decided otherwise.
• From 1789 to 1815, members of
Congress received only a per diem (daily payment) of $6.00 while in session.
Members began receiving an annual salary in 1815, when they were paid $1,500
per year.
Congress: Leadership
Members' Salary
Leaders of the House and Senate are paid a higher salary than rank-and-file
members.
Senate
Leadership
Majority Leader -
$161,200 (Sen. Thomas Daschle)
Minority Leader - $161,200 (Sen. Trent Lott)
House Leadership
Speaker of the House - $186,300 (Rep. Dennis Hastert)
Majority Leader - $161,200 (Rep. Dick Armey)
Minority Leader - $161,200 (Rep. Richard Gephardt)
• The same rules of income from
outside sources apply to both leadership and rank-and-file Members of Congress.
Congress: Raises
• A cost-of-living-adjustment (COLA)
increase takes effect annually unless Congress vote to not accept it.
Special tax deductions
Travel allowances
Funds for hiring staff and assistants
Free medical care
Offices in Washington and local districts
No postage on official mail (franking privilege)
Free from arrest in most cases
Can’t be held liable for what’s said on house floor
Can’t be appointed to any federal position they create [Skousen, pp. 347-349]
Can’t be employed by gov’t at same time Senator or Rep. [Skousen, pp. 350-351]
14th Amendment – aid and comfort to the enemies of the US -> expulsion (unless by 2/3 of both houses)
Procedures Within Congress (A1, S4-6)
20th Amendment (1933) – moves meeting time of Congress from December to Jan. 3 each year
New 2yr term begins January following election
Term of 107th Congress until noon, Jan. 3, 2003
Both houses must agree to adjourn – neither for more than 3 days without ok of other house – why?
If a dispute over adjourning, president can adjourn (never exercised this power)
Recess
Quorum need for a vote (1/2 plus one) [Skousen, pp. 331-332]
Congressional Record – since 1873
Declare war [Skousen, pp. 440-442] (handout)
THURSDAY
Power to punish members
Both H and S –
Rep. James Trafficant
(handouts)
Primary Responsibilities of Congress – Lawmaking
9,000 bills proposed every term à less than 10% become law
Under Constitution, only House can introduce revenue and appropriation bills (“no taxation without representation”) [Skousen, pp. 372-378]
Senate can propose changes to House appropriations bills or concur with them
From Bills to Laws (see chart in the book)
To become a law, a bill must be approved by both houses and be signed by the President
Final vote – voice vote, standing vote, (20%) roll-call vote
Same deal in other house – conference committee
President’s desk (veto [“I forbid”]) [Skousen, pp. 360-363]
Override veto with 2/3 majorities in each house
Number
of Vetoes
|
Total |
|
|
||
|
635 |
Franklin
D Roosevelt |
|
||
|
414 |
Grover
Cleveland 1 |
|
||
|
250 |
Harry S
Truman |
|
||
|
181 |
Dwight D
Eisenhower |
|
||
|
170 |
Grover
Cleveland 2 |
|
||
|
93 |
Ulysses
S Grant |
|
||
|
82 |
Theodore
Roosevelt |
|
||
|
78 |
Ronald
Reagan |
|
||
|
66 |
Gerald R
Ford |
|
||
|
50 |
Calvin
Coolidge |
|
||
|
46 |
George
Bush |
|
||
|
44 |
Benjamin
Harrison |
|
||
|
44 |
Woodrow
Wilson |
|
||
|
43 |
Richard
M Nixon |
|
||
|
42 |
William
McKinley |
|
||
|
39 |
William
H Taft |
|
||
|
37 |
Herbert
Hoover |
|
||
|
31 |
Jimmy
Carter |
|
||
|
30* |
Bill
Clinton |
|
||
|
30 |
Lyndon B
Johnson |
|
||
|
29 |
Andrew
Johnson |
|
||
|
21 |
John F
Kennedy |
|
||
|
13 |
Rutherford
B Hayes |
|
||
|
12 |
Andrew
Jackson |
|
||
|
12 |
Chester
A Arthur |
|
||
|
10 |
John
Tyler |
|
||
|
9 |
Franklin
Pierce |
|
||
|
7 |
James
Madison |
|
||
|
7 |
James
Buchanan |
|
||
|
7 |
Abraham
Lincoln |
|
||
|
6 |
Warren
Harding |
|
||
|
3 |
James
Polk |
|
||
|
2 |
George
Washington |
|
||
|
1 |
James
Monroe |
|
||
|
1 |
Martin
Van Buren |
|
||
|
None |
|
|||
|
|
John
Adams |
|
|
|
|
|
John
Quincy Adams |
|
|
|
|
|
Millard
Fillmore |
|
|
|
|
|
James A
Garfield |
|
|
|
|
|
William
H Harrison |
|
|
|
|
|
Thomas
Jefferson |
|
|
|
|
|
Zachary
Taylor |
|
|
|
* to 1999
TUESDAY
Other responsibilities of Congress
In making laws, legislators must represent their constituency
Protect constituency from harmful legislation
Promote beneficial legislation
Exodus 18:21 – qualities of a leader
Exodus 18
21 But select capable men from all the people-men who fear God,
trustworthy men who hate dishonest gain-and appoint them as officials over
thousands, hundreds, fifties and tens.
Wisdom, insight, knowledge, determination, honesty, integrity, etc.
Importance of character in leaders - EXCERPTS
Trafficant debate
Trustee (Burke) – personal judgment (handout)
Delegate – desires of constituency
à typically some combination
* What form of government do we have in America? [write various answers on the board]
* Can someone look up Article IV, section 4 of the U.S. Constitution and read it?
* What form of government does it mention? [a republic]
* Having concluded their work on the Constitution, Benjamin Franklin walked outside and seated himself on a public bench. A woman approached him and inquired, "Well, Dr. Franklin, what have you done for us?" Franklin quickly responded, "My dear lady, we have given to you a republic--if you can keep it."
* Can someone say the Pledge of Allegiance? [“…to the Republic for which it stands…”]
* What form of government is mentioned there? [a republic]
* Why don’t we hear anything about democracy? [rhetorical question]
* The FF wanted to protect individual rights and property rights from tyranny (king, monarchy, congress, unelected mob, etc.
For FF, democracy=unlimited rule by an omnipotent majority. “[D]emocracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security, or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths.” (James Madison). “Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide” (John Adams). Benjamin Rush, a signer of the Declaration and member of PA ratifying convention, called it “mobocracy.”]
* Instead, they set up a constitutionally limited republic. They valued liberty above democracy and “equality” at all costs. This unbridled democracy leads to tyranny, as Plato and Aristotle recognized.]
* What is a constitutional republic? [write answers on the board]
A constitutional republic, which was enshrined in the Constitution, limits the powers of government and majorities and protects the rights of minorities. Power is divided so that no majority can run roughshod over others. The difference between a democracy and a republic is the source of authority.
* Which parts of the Constitution are “undemocratic”? [write answers on the board]
* Let me list a few of the “undemocratic” parts of the Constitution:
- electoral college
- First Amendment free speech protection
- Senate [representation]
BUT there is another “undemocratic” principle running through the American political system. The FF meant for elected officials in Congress to be “trustees” and not “delegates.”
What is the “trustee” theory? What does Burke say it is?
[The role of a representative is to act in the interest of his or her constituents. This theory presents a solution to the problem of uninformed constituents that do not have the necessary knowledge on issues to take an educated position on issues. The representative is "entrusted" with the position to make decisions that will benefit the district he or she represents. This position also allows for the representative to take into consideration other benefactors such as the state or nation as a whole.
Burke says, “A representative is entitled to, and in effect has a right (by virtue of election or appointment), to exercise independent judgement during the course of the deliberations and process that accompanies the law and policy-making government of the State. Hence, individually and as a collective, the elected representative determines the common good.” and "Your representative owes you, not his industry only, but his judgement; and he betrays, instead of serving you, if he sacrifices it to your opinion."]
What is the “delegate” theory? [The legislator should act only on the instruction of his or her constituents. In this role, representatives are elected by a local group, and sent to deliver the group’s vote. This theory does not provide representatives the luxury of acting in their own conscience, and often fails to take the good of the state or nation into account. In essence, the representative acts as the voice of those who are not literally present.]
Let’s do the pros and cons of each.
What are the pros and cons of the “trustee” theory? [write answers]
What are the pros and cons of the “delegate” theory? [write answers]
[Evaluate answers]
Which view do you prefer? Why?
What about the role of “factions” of “interest groups”?
Powers of Congress: Delegated and Denied (A1, S8-9)
* Copy Skousen, p. 370
Citizens delegate/grant a wide range of powers to Congress through the Constitution
Authorized Powers
House:
Senate:
* Skousen, pp. 284, 293
House managers present case to the Senate
2/3 vote of Senate to remove
Could face civilian charges
Handouts (Federalist Papers, No. 65 and 66)
Powers Denied Congress (A1, S9)