Chapters 10, 11, 12 Study Guide

Ch. 10

Bicameralism- an adjective, describing a legislative body composed to two houses. The Framers of the Constitution wanted the government to be bicameral to equal the power.

Term- the specified length of time served by elected officials in their elected offices. A term for Congress is 2 years.

Session- the regular period of time during which a legislative body conducts business. There are two sessions to each term in Congress.

Special session- an extraordinary session of a legislative body. This is only done by the President calling for a meeting.

Apportioned- distribution of seats in a legislative body among electoral districts. This is done by population of the State.

Reapportion- redistribution of seats in a legislative body among electoral districts. This only happens when a population change occurs in the State.

Congressional Election Date- is held the same day in every State. Since 1872, it has been required to vote on the first Monday in November.

Off-Year Election- congressional elections occurring in a nonpresidential year. 2002 is an off-year election.

Districts- 435 members of the House are chosen by voters across the country in separate districts. Each State has a different number of districts depending on the State size and population.

Single-member district- voters in each district elect one of the State’s representatives from candidates. Most States use this system because it is efficient.

At-large- all State’s seats are filled from the State as a whole. These elections are unfair and were thrown away in 1842.

Gerrymandering- comes from the name of Governor Elbridge Gerry who redrew the State’s legislative districts to favor the Democratic Party. Gerry was the governor of Massachusetts in 1812.

Gerrymandered- districts being drawn to the advantage of the political parties or faction that controls the State legislature. This type of selections is still apart of some states.

Wesberry vs. Sanders- population difference among Georgia’s congressional districts were too big that is violated the Constitution. This hearing concluded "one-person, one-vote."

Qualifications for House Members- they must be 25 years old and be a resident of their respective State for 7 years. In 200 years, the House has only expelled 4 people.

Continuous body- all its seats are never up of election at the same time. This was done to keep a continual 50 person Senate so not train the new Senators.

Election and Terms- the Senate only has 100 members are serve a 6 year term. Originally, they were to be chosen by State legislatures but was ratified in 1913 to the people voting.

Qualifications for Senators- must be 30 years old and a citizen for 9 years. The House is the judge for the Senate and can exclude candidates by majority vote.

Interpreting Tables- the House is for the younger people to get a foothold in government. The Senate, which consists of the experienced people, are older people who can make decisions for a nation.

Personal and Political Backgrounds- most of the people in Congress are married, very religious, politicians, lawyers or government geniuses. Most of them are born in the United States and understand US History and economics/civics.

Jeanette Rankin- first woman to be elected in Congress in 1916. She voted against entering WWII and was only Congress member to vote against the entry of the United States.

Duties of the Job- Congress members are responsible for being legislators, committee members, representatives, servants to constituents and politicians. They must also be able to verbally tell people what they want in an intelligent manner.

Constituents- the people of the Congress members States or district. One of the duties of Congress is to be a constituent servant.

Oversight function- check to see that the various agencies in the executive branch are working and are acting in line with the politics of Congress. This is a part of being a committee member in the Congress.

Trustees- each question they face must be decided on its merits. Call issues as they see them, regardless of public opinion.

Delegates- agents of those who elected them. Vote the way they think "the folks back home" would do.

Partisans- lawmakers who owe their first allegiance to their political party. Vote in line with the party platform and the wishes of their party’s leaders.

Politicos- attempt to combine the basic elements of the trustee, delegate and partisan roles. They try to balance them but there are always conflicting factors.

Other Roles- Help constituents solve whatever problems they may have with the federal bureaucracy. The average member is swamped with requests very second of the day.

Compensation- Constitution gives Congress power to set their own salary. Today, they receive $133,600 a year.

No salary Compensation- each member gets a "fringe benefits" like tax deduction to keep two residences. They pay little for life and health insurance as well.

The Politics of Pay- One limit to a pay raise is a Presidential veto. The other way is a vote of "no" by constituents across the country.

Membership Privileges- they cannot be questioned in court about their speech or debate. They cannot, though, insult another person in a public speech.

Ch. 11

Congressional Power- the Constitution puts many restrictions on the power of Congress. Congress cannot create a national public school system or require people to go to church.

Strict Versus Liberal Construction- the Framers wanted a new and strong National Government. Many people didn’t want a new government and arguments came about.

Strict constructionist- led by Thomas Jefferson and continued to argue the Anti-Federalists position. Wanted the States to keep as much power as possible.

Liberal constructionists- led by Alexander Hamilton and fought to adopt the new Constitution. The liberal constructionists won the battle and the Federal Government got more power than expected.

The Power to Tax- the Articles of Confederation didn’t give Congress the power to tax. With the new Constitution, Congress could pass taxes to meet public needs.

Direct tax- must be paid by the person on whom it is imposed. Examples like tax on ownership of land or buildings and income tax.

Indirect tax- paid by one person but then passed on to another. An example of this is federal tax on cigarettes.

The Power to Borrow- permits the government to finance projects that cannot be paid for out of current revenues. There is no constitutional limit on the amount.

Commerce Power- the power of Congress to regulate interstate and foreign trade. Under the Articles of Confederation, the Congress could do nothing and chaos and confusion would run throughout the States.

The Currency Power- before Congress, States had separate paper money with different amounts. The new Constitution gave the States a set money system and there was no confusion in trade.

Legal Tender- any kind of money that a creditor must by law accept in payment for debts. Congress did not create a national paper currency until 1862.

Bankruptcy- legal proceeding in which the bankrupt’s assets are distributed among those to whom a debt is owned. States and National Government have the power to regulate bankruptcy.

Foreign Relations and War Powers- gives Congress several important responsibilities in the country’s dealing with foreign states. For example, Congress can declare war and restrict military deployment.

Foreign Relations Powers- Congress shares this power with the President, who is responsible for the conduct to relations with other nation. The Constitutions does not allow States to take part in foreign relations.

War Powers- only Congress may declare war and raise and support an army. Congress also has the power to "call forth the militia".

Additional Powers of Congress- there are many other powers the Congress as regarding the States. The following terms are some of those powers.

Naturalization- the process by which citizens of one country become citizens of another.

The Postal Power- Congress has the power "to establish post offices and post roads." It also has the power to protect the mail and ensure quick efficient distribution.

Copyrights and Patents- "to promote the progress of science and useful arts, by securing, for limited times…". Congress has the power to protect material.

Copyright- the exclusive, legal right of a person to reproduce, publish, or sell his or her own literary, musical or artistic creations. Copyrights are registered at the Copyright Office in the Library of Congress.

Patent- grants a person the sole right to manufacture, use or sell "any new and useful art, machine, manufacture and improvements. The term patent can only be used if the Congress approves it.

Weights and Measures- absolute need for and usage of accurate, uniform gauges of time. Makes sure all the money is the weight it should be and its thickness.

Power Over Territories and Other Areas- acquire, manage and dispose of various federal areas. Covers hundred of military and naval installations.

Eminent domain- the inherent power to take private property for public use. Territory may also be acquired from a foreign state based on the power to admit new States.

Judicial Powers- they check the Checks and Balance and interpret how the law is written.

Necessary and Proper Clause- it is from the provision that the implied power flow. It is a very important part of the Constitution.

The Battle of Implied Powers- Hamilton’s plan didn’t want Congress the power to establish banks. Jefferson wanted the government to have power to express the Constitution and absolute necessary power.

McCulloch vs. Maryland 1819- opponents of a new bank tired to persuade States to cripple its operations. The State won a judgment against James McCulloch and appealed to the Supreme Court.

Constitutional Amendments – This is when two-thirds of both houses vote to add an amendment, this has occurred thirty-three times so far. The most recent amendments to be pushed into the congress from state legislators have been on the topics of abortion to limiting the terms fro house and senate members

Electoral Duties – These are used very seldom but they are sometimes used. They are mostly used by the house to vote in a president, this occurs when the electoral votes are too close.

Impeachment – This is when the president is voted to be kicked out of office by the congress. The house first votes to put the person on trail then the senate try the person with the chief justice as the judge.

Impeach – This is when a person in power is kicked out and then can be tried in a regular court for the office. There have been, to date, no presidents who have been impeached

Executive Powers – There are two executive powers, which are given to the senate. The first is for appointments made by the president must have a majority vote and the treaties made by the president.

Investigatory Power – Congress has the power to start an investigation into anything which is under its power. This is used to gather information useful to congress in the making of some legislation, oversee the operation of various executive branch agencies, focus public attention on a particular subject, expose the questionable activities of public officials or private persons, and/or promote the particular interests of some members of congress.

Ch. 12

Congress Convenes – This means congress begins a new term, this happens every two years. This happens after the general elections in November

Opening Day in the House –This is every two years when the new members of the house converge. These members are never sworn in and there is no organization until opening-day ceremonies are held

Opening Day in the Senate – The congress is a continuing body. Since it was setup in 1789 it has continued uninterrupted. Due to this the congress does not suffer from un-organization

The Presidents State of the Union Message – Once the senate receives word that the house is organized it will make an appointment to meet. The date is set the president will make the State of the Union speech, which is annual, to the joint congress

The Presiding Officers – Each house has their own officers. The most important person in the House is the Speaker of the House.

Speaker of the House – He is by far the most important member of the House of Representatives. He is a member of the major party and is elected ever two years.

President of the senate – This position is not held by a congress men at all. Instead this position is given to the Vice President. Because the Vice President cannot devote as much time to the congress, the Speaker’s roll is bigger then his in the Congress

President pro tempore – This is who is elected from senate to fill the place of the Vice President while he is away from his seat.

Floor Leaders and Other Party Officers –Congress is a political party for two reasons. One: Congress is the nation’s central policy-making body. Two: Its partisan makeup. Reflecting this political completion, Congress is organized by means of houses.

The Floor Leaders – The minority and majority flood leaders are the next most important positions to be held after the Speaker. These people are political strategists who try to convert the floor’s ideas to favor that of that floor leader’s party

floor leaders – These people are political strategists who try to convert the floor’s ideas to favor that of that floor leader’s party

Whip – This person’s job is to check with party members and advise the floor leader of the number of votes that can be counted on in any given matter. They also see that persons who are for their matter is going to be present to vote.

The Party Caucus – This is a special meeting held by each party before a congressional meeting. It also sometimes occurs during a congressional meeting. This meeting deals with issues which are most important to that party

Party caucus - This is a special meeting held by each party before a congressional meeting. It also sometimes occurs during a congressional meeting. This meeting deals with issues which are most important to that party

Committee chairman – These are the important people in each party. They also hold special positions in the chamber, or strategic posts. A chairman is chosen by the major party and then he/she decides in what order to view and discuss the matters at hand

Seniority Rule – This is an unwritten rule, which have been in place sense the late 1800’s. This is where the most important posts of all aspects of congress are held by the most experienced people.

Criticism of Seniority Rule – The critics of this system have strong points. They say that this system ignores ability and discourages younger members. They also say that the rule means that a committee head often comes from a safe constituency

Standing Committees – These committees where set up in 1794, because at that time there were over 300 committees for each house. Standing Committees were made so that similar committees as the standing one could send their ideas to the Standing Committee

The House Rules Committee – Before a bill can reach the House, it is usually screened and never looked at by the house. This is because every year the Rules of Committee change and so the bill must also be changed.

Select Committees – These are set up on occasion and only last a certain amount of time. The members are selected by the Speaker and the president of the senate. The major and minority parties are also, sometimes, looked to for candidates

Joint and Conference Committees – These are committees consisting of delegates from both houses. The join committees are set up to serve some temporary purpose while others are ongoing. Conference committees are created to iron out difficulties in bills, or compromise to make a bill work

Joint committee – This is a committee which consists of delegates from both houses. Most of these are permanent groups, but some are only temporary

Conference committee – This is a committee which consists of delegates from both houses. Conference committees are created to iron out difficulties in bills, or compromise to make a bill work

Creating and Introducing Bills – Not all bills come from the congress. Most bills come from either the people who draft the bill and send it to congress or the executive branch to help the people

Types of Bills and Resolutions – Bills are laws, which have not been voted on by the congress. National bills are measures applying to the nation as a whole. Private bills are those members that apply to certain persons or places rather than to the nation in general

Bills- are proposed laws, or drafts of laws, presented to the House or Senate for enactment. The two types of bills are public and private bills.

Joint Resolutions- when they are passed, they have the force of the law. Deal with unusual or temporary matters.

Concurrent resolutions- deals with matters in which the House and Senate must act jointly. They do not have the force of law and do not require the President’s signature.

Resolutions- deal with matters concerning either house alone and are taken up only by that house. They are regularly used for such things as the adoption of a new rule or amendment.

The First Reading- the clerk of the House numbers each bill as it is introduced. The bill is read and passed in either house and given three readings in total.

The Bill in Committee- committees serve as sifters to take out bills and judge them. Most of the bills passed in the House die when the committee sees it.

Discharge petition- enables members to force a bill that has been in committee 30 days for consideration. They are then taken to the chairmen for him to discuss at the House.

Subcommittees- divisions of existing committees formed to address specific issues. There are 140 subcommittees in the House and 90 in the Senate.

Rules and Calendars- Before the bill goes to the floor, it goes on several calendars. This is a schedule of the order in which bills will be taken up on the floor.

The Bill on the Floor- this is when the bill gets its second reading. Minor bills are announced by name and then disposed of.

Committee of the whole- is the House sitting not as itself but as one large committee of itself. Its rules are less strict than the rules of the House.

Quorum- majority of the full membership. Only 100 members need to be present in the Committee of the Whole.

Debate- majority and minority leaders split up time on arguing about the bill. But before the debate, a member can demand a vote on the issue before the House.

Voting- a bill can be subject to many votes on the floor. If amendments are offered, members must vote on each of them.

Final Steps- once a bill is approved it is printed in its final copy. A third reading takes place and the Speaker signs it.

Introducing the Bill in the Senate- the Senate’s processing’s are less strict than the Houses. Bills are called to the floor at the discretion of the majority floor leader.

The Senate's Rules for Debate- the debating in the Senate is unrestrained. Senators can speak as long as they want.

The Filibuster- an attempt to "talk a bill to death". Also called a stalling tactic in local high schools.

The Cloture Rule- first adopted in 1917. This was instituted after a famous filibuster in Senate history.

Cloture- limiting debate. It is not regularly enforced but is used on special measures.

The Conference Committees- there are many times the House or the Senate will not accept the other’s version of the bill. When talking about the bill, no new material maybe be brought into the subject.

The President Acts- President may sign the bill, and it then becomes law. He can also veto it or may not allow the bill by not signing it in 10 days.

Veto- a refusal to sign. If vetoed, the bill is sent back to the House or Senate to revise.

Pocket veto- if the President doesn’t do anything with the bill in 10 days, it is pronounced died. This is a variation of letting the bill sit for days.