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Unit 3 �Ch. 11 Legislative Branch

119th Session

Congress

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Unit 3,4,5

Main Role

Unit 3 Legislative Branch

Unit 4 Executive (Bureaucracy)

Unit 5 Judicial Branch

MAKE LAWS

EXECUTE the LAWS

INTERPRET the LAWS

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11

Congress (119th session)

Duration: January 3, 2025 – January 3, 2027

Visitors

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Learning Objectives

12

Characterize the backgrounds of members of Congress & assess their impact on the ability of members of Congress to represent average Americans.

Identify the principal factors influencing the outcomes in congressional elections.

12.1

12.2

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How Congress is Organized to Make Policy

The House

  • 435 (pop.)
  • 2 years
  • >25ya, U.S citizen (7 years+) & inhabit state
    • “Congressman / woman or Representative”
  • Represent people in Districts
  • Limited debates / tax laws
  • Brings impeachment charges

The Senate

  • 100 (2)
  • 6 year terms of office
  • >30ya , U.S citizen (9 years+), & inhabit state
    • “Senator”
  • Represent state
  • Unlimited debates (filibuster)
  • Tries impeachment cases

Bicameral: legislature divided into two houses

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Congress (representative gov)

SHOULD Congress reflect population demographics of constituents (citizens)?

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Demographics 119th Congress

House of Representatives

Senate

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119th Session of Congress

2025-27

100

218

215

53

47

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10th

37th

21st

1st 6th

3rd 7th

5th

35th

Michael McCaul #10

Lloyd Doggett #37

Chip Roy

#21

Greg Casar

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Congress

  • The Job
    • Salary 🡪 $174,000 (2009) w/ retirement benefits
    • Office space
      • D.C. & at home w/ staff
    • Travel allowances
    • Franking privileges
      • Free postage
    • Long hours
      • Time consuming & tough to play all sides

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in DC

in State / District

12

hour

days

14

hour

days

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  • Led by �Speaker of the House �(elected by House members)
  • 3rd most powerful in US gov – WHY?
  • Formally led by VPOTUS
  • Really led by Majority Leader �(elected by Senate members)

Congressional Leadership

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President of the Senate

Minority Whip

Majority Whip

Chuck Schumer (NY)

Dick Durbin (IL)

Minority Leader

Majority Leader

President Pro-Tempore

John Thune (SD)

Cousin

Chuck Grassley �(R-IA)

1981-

JD Vance (OH 🡪 VP)

John Barasso (WY)

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Speaker of the House

Majority Whip

Minority Whip

Majority Leader

Minority Leader

Steve Scalise (LA)

Hakeem Jeffries (CA)

Tom Emmer (MN)

Katherine Clark (MA)

Mike Johnson (LA)

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Speaker of the House

4 formal powers

    • Presides over house in session (Gavel = POWER)
    • Major role in creating committees
    • Appoints legislative leaders
    • Exercise control of bill assignments

Mike Johnson (LA)

Whips up next

Salary 🡪 $223,500

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What do the Whips do?

  • Assists �Maj / Min leaders
  • Count votes
  • Persuade party (whips up) members to support party’s priorities

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Enumerated POWERS

  • Legislate
    • Make laws
  • Lay, collect & spend (FF) taxes
  • Pass appropriations
    • Authorizes gov’t to spend $$$
  • Oversight
    • Investigate perceived issues
  • Declare war

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Caucus(es)

  • Informal groups that promote common interests
    • i.e. Cliques / clubs
    • Important as formal structure
    • 500+ caucuses today
    • Goal 🡪 promote their interests

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Who Wins Elections?

  • Incumbents
    • Elected officials already holding office
      • House 🡪 90%+ re-election
      • Senate 🡪 ~85%
    • Perceive themselves as vulnerable
      • Hence fundraising & campaigning ALL THE TIME

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What is a Constituent?

  • being a voting member of a community or organization & having power to elect

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FIGURE 12.1 Incumbency factor in congressional elections

12.2

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Advantages of Incumbency

  • Credit claiming
    • Casework
      • Help individuals in district
    • Pork barrel projects
      • Support state & local projects but ALL taxpayers pay for it regardless of use
  • Advertising
    • Constituent contact

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Our federal reps (TX)

Elected 2012 �(re-elected 2024)

Elected 2018

(re-elected 2024)

Elected 2022

(re-elected 2024)

Elected 2012

(re-elected 2024)

Elected 2002 (2026)

Elected 2012 (re-elected 2024)

Senior

Junior

37

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Advantages of Incumbency

  • Position taking
    • Strong reflection of people (constituents)
  • Weak opponents
    • “n00bs” / “defaults” / rookies hard to challenge established incumbents
  • Campaign spending
    • House spends ~1 million
    • Senate ~10 million

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Disadvantages of Incumbents

  • Challengers are naïve but sometimes incumbents are vulnerable
    • Need $$$

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Disadvantages of Incumbents

    • Scandals

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Disadvantages of Incumbents

  • Redistricting (Pushed off turf)

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Disadvantages of Incumbents

  • Public mood

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Open Seats, Stability & Change

  • Vacant seat = no incumbent running
    • Most turnover occurs
      • Death, resignation, retirement, expulsion, & election or appt to other gov’t posts
  • Founding fathers incorporated “Stability” from incumbency
    • Development of expertise

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Open Seats, Stability & Change

  • Vacant seat
    • Obama left Illinois state senate to run for president

2008 Blagojevich tried to SELL this VACANT seat to highest bidder & was sentenced to 14 years in federal prison

2010 - Trump met him on Celebrity Apprentice (fired him) & pardoned him in 2020 after serving 8 years in federal prison

Governor of Illinois Rod Blagojevich w/ Obama ‘07

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Filibuster & Cloture

  • Filibuster
    • Procedural action to delay or prevent a legislative vote (right of Senate minority)
      • “Unwritten Constitution”
      • 1st usage 🡪 debate & compromise
  • Cloture (60% voted needed)
    • Vote to end debate / stop filibuster
    • Very tough

Unwritten Rules:

    • Can’t stop talking
    • Water / milk allowed
    • No bathroom breaks
    • Can’t sit
    • Can’t leave unless someone replaces you
    • CAN READ ANYTHING YOU WANT

Brick Tucker ‘24

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“Nuclear Option”

  • Procedure allowing Senate to override a rule (specifically 60-vote rule to close debate “CLOTURE”) by simple majority of 51 votes, rather than supermajority (3/5ths) normally required to amend the rules
    1. Harry Reid 🡪 lower court judges (2013)
    2. Mitch McConnell 🡪 SCOTUS justice (2017)

CHANGE RULES for your own benefit

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Longest Filibusters in History?

Guess how long?

25:05

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Committees & Subcommittees

  • Handles a specific duty (rather than general duties of Congress)
  • Little legislatures
    • Monitor on-going governmental operations
    • Identify issues suitable for legislative review
    • Gather & evaluate information
    • Recommend courses of action to their parent body

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Committees & Subcommittees

Joint Economic Committee

  • 4 types of committees
    1. Standing committees
      • Permanent
    2. Joint committees
      • Both parties / houses
    3. Conference committees
      • Appt’d 2 resolve differences in Senate & House versions of same bill
    4. Select (special) committees
      • Temporary committees

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Appropriation Committee & Subcommittees

Responsible for the allocation of federal funds $$$

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Reasons to be on Committees?

  1. Affect public policy (laws)
  2. Job security w/ constituents
  3. More power in Congress to change things for your party / constituents

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Checks & Balances �of Congress

  • Legislative Oversight
  • Presidential Confirmations (S)
  • Advise & Consent
  • Veto Override (2/3rds both)
  • Impeachment proceedings
  • Appropriations ($$)

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How a Bill Becomes a Law

  • Resolution
    • Recognize people, events, groups, issues w/o actually making law
  • Bill
    • Proposed legislation
  • Law (Act)
    • Rule(s) or actions formally recognized as binding by LB
  • MUST pass BOTH chambers
  • President must sign as well

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US Code of Laws

  • ALL laws usually become incorporated w/ US Code of Laws

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Vetoes

12

  • Constitutional power of president REJECTING a bill
  • Congress can OVERRIDE a veto
    • 2/3rds (67%) vote in each house can override a veto.

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Impeachment

67%

How many presidents have been impeached?

51%

The Act

President / judges COMMIT Impeachable Act

high crimes, felony, treason

HOUSE

MUST investigate claims of wrongdoings

MUST vote for or against impeachment (indictment)

SENATE

Hears impeachment charges (like court case) overseen by Chief Justice

VERDICT?

3 possibilities

1. Acquittal (not guilty) nothing happens

2. Guilty �(removed from office)

3. Censure �(minor punishment)

2x

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Redistricting Gerrymandering

Sen. Antoon

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The path to Gerrymandering

  1. Census occurs every 10 years (count population)
  2. Reapportionment
    • In the HoR-435 total does not change; states can either gain/lose reps
      • 1990: Texas 32 electors �(30 House + 2 Senators)
      • 2000: 34 electors (32 H + 2 S)
      • 2010: 38 electors (36 H + 2 S)
      • 2020: 40 electors (38 H + 2 S)
  3. Redistricting
    • Congressional lines are redrawn by State Legislatures to reflect pop changes
    • Gerrymandering
      • manipulating boundaries of a district to favor one party or class

Do WE chose our Reps or do our Reps choose US?

+2

+4

+2

2020

2022

2023

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The Role of Party Identification

  • Parties & districts
    • Drawn for one-party dominance
    • STATE LEGISLATURES draw districts

TX Senate TX House

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Redistricting (Gerrymandering)

  • Packed
    • Drawing lines so they include as many of the opposing party’s voters as possible
  • Cracked
    • Dividing an opponents voters into other districts to weaken opposition
  • Contiguous
    • Must be connected

Perfect!

UNFAIR!

REALLY UNFAIR!

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