Structure of Congress

Congress comprises two chambers – The House of Representatives [Lower chamber] and the Senate [Upper chamber].

SENATE

[UPPER CHAMBER]

There are two senators from each state making a total of 100 congressional members in the chamber. Creating unequal representation between the STATES WITH LARGE AND SMALL POPULTIONS. A judge’s geographic location can influence his/her confirmation.

ELIGIBILITY

Senators serve for six years, must be a resident of the state for at least 9 years, and be 30 years old.

For instance, only the Senate confirms supreme court justices who are nominated by the President. If the Senate is under a southern majority rule, the hearing for the northern judge may never happen. The Senate leader determines what and when cases go up for a vote. This power creates a dead zone in government and an ineffective government for Americans.

Also, representation for each state is not based on its population. According to the Constitution, Oklahoma with a population of 535,000 gets two senators like California with a population of 8 million.

POWERS

The Senate takes action on bills, resolutions, amendments, motions, nominations, and treaties by voting. Senators vote in a variety of ways, including roll call votes, voice votes, and unanimous consent.

The Senate maintains several powers itself: It ratifies treaties by a two-thirds supermajority vote and confirms the appointments of the President by a majority vote. The consent of the House of Representatives is also necessary for the ratification of trade agreements and the confirmation of the Vice President.

The Reappointment Act passed in 1929 put limitations on 3 main responsibilities.

          • Holding impeachment trials.
          • Approving treaties.
          • Approving presidential appointments to seats on the Supreme Court, in cabinets, and as ambassadors.

Also, they elect VP in event of a tie in the electoral college

Today, the Senate is controlled by the Democrats and the House by the Republicans who participated in or encouraged the coup, are anti-democracy, and are racist. Members of their party keep quiet in the midst of wrongdoing, and lack of moral judgment.

FLOOR LEADER

Serve as the spokesperson for their party’s positions on the issues and coordinate their respective.

With each new Congress, the Democratic and Republican Conferences elect one of their members to serve as party leader. Depending on which party is in power, one party leader serves as the majority leader and the other as the minority leader. Both party leaders, also called floor leaders, serve as the spokesperson for their party’s positions on the issues and coordinate their respective legislative strategies.

RESPONSIBILITIES:

Working with the committee chairs and ranking members, the majority leader schedules business on the floor by calling bills from the calendar and keeps members of his or her caucus advised about the daily legislative program. In consultation with the minority leader, the majority leader fashions unanimous consent agreements by which the Senate may limit the amount of time for debate on a measure and divide that time between the parties.

Occupying the front-row desks on the center aisle in the Senate Chamber, the leaders pay close attention to floor action. They open and close the day’s proceedings, keep legislation moving, and protect the rights and interests of party members. When several senators are seeking recognition at the same time, the presiding officer of the Senate will call on the majority leader first, then on the minority leader, and then on the managers of the bill being debated. This right of first recognition enables the majority leader to offer amendments, substitutes, and motions to reconsider before any other senator.


HOUSE OF REPRESENTATIVES

[LOWER CHAMBER]

ELIGIBILITY

Qualifications: Live in the district for 7 years and be 25 years old. Serve for 2 years. There are 435 elected seats.

WHY 435?

Per the Constitution, the House of Representatives shall be composed of not more than two hundred and fifty (250) members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. The party-list representatives shall constitute twenty percent (20%) of the total number of representatives including those under the party list.

In 1929, the House passed the Permanent Apportionment Act, fixing the number of Representatives at 435. The U.S. Constitution called for at least one Representative per state and no more than one for every 30,000 persons. Thus, the size of a state’s House delegation depended on its population, members of the U.S. House of Representatives each represent a portion of their state known as a Congressional District, which averages 700,000 people. Senators however represent the entire state.

The House of Representatives has 435 voting Members and five nonvoting Delegates, each serving a two year term for the District of Columbia, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and the other non-voting member is a Resident Commissioner who serves for four years for Puerto Rico. The House of Representatives is referred to as the lower house of the United States Congress, because it has more Members than the Senate.

Apportionment, or the process of determining the number of seats each state has in the U.S. House of Representatives, happens like clockwork at this point. Every 10 years, the Census Bureau counts how many people each state has and then uses that number to calculate how many representatives each state gets out of the 435 seats.1

There have been 435 seats in the House for so long now that it might seem as if the Founding Fathers had foreseen it as a natural ceiling for the chamber’s size. But that isn’t the case: 435 is entirely arbitrary. The House arrived at that number because of political expediency — and it has stayed there because of it, too.

Up until 1910, when the chamber expanded from 391 to 435 seats,4 the size of the House had experienced a mostly unchecked pattern of growth. Only once, after the 1840 census, did the number of seats in the House not increase; 1910, however, marked the last time the House grew, even though the U.S. population has more than tripled since then, from over 90 million in 1910 to over 330 million today.

POWERS

The House’s committees consider bills and issues and oversee agencies, programs, and activities within their jurisdictions. Its sole powers include:

1. Initiate revenue bills
2. Start impeachment of proceeding officers
3. Choose the President in the event of a tie in the Electoral College

In the United States, Article I, Section 8 of the Constitution gives Congress the power to “lay [LEVY] and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States. This is also referred to as the “Taxing and Spending Clause.”

The size of the House hasn’t increased in more than a century is a real problem for our democracy. For starters, there is an ever wider gulf between Americans and their representatives, as the average number of people represented in a district has more than tripled, from about 210,000 in 1910 to about 760,000 in 2020.3 Moreover, some states are severely over- and underrepresented as a result.

SPEAKER

The speaker of the United States House of Representatives, commonly known as the speaker of the House, is the presiding officer of the United States House of Representatives. The office was established in 1789 by Article I, Section 2 of the U.S. Constitution.

The Speaker of the House is by law second in line to succeed the President, after the Vice President, and the 25th Amendment makes the Speaker a part of the process announcing presidential disability.

The current Speaker, the Honorable Nancy Pelosi, is the 52nd individual to serve as Speaker of the House. In total, 54 Representatives have served as speakers. Seven individuals have served nonconsecutively: Frederick Muhlenberg of Pennsylvania, Henry Clay of Kentucky, John W. Taylor of New York, Thomas Brackett Reed of Maine, Sam Rayburn of Texas, Joseph Martin of Massachusetts, and Nancy Pelosi of California.

Duties

The Constitution mandates the office, but since the early 19th century the House and the individual Speakers have continually redefined its contours. Rooted in British parliamentary practice, the early Speakers limited their roles to presiding over the House and serving as its ceremonial head.

Over time, some Speakers aggressively pursued a policy agenda for the House while others have, in the words of Speaker Schuyler Colfax of Indiana, “come to this chair to administer [the] rules, but not as a partisan.” Regardless, the Speaker—who has always been (but is not required to be) a House Member with the same obligations to his or her constituents as the other 434 Members—is at the levers of power. The Speaker is simultaneously the House’s presiding officer, party leader, and the institution’s administrative head, among other duties.

SPECIFIC

    •  Administering the oath of office to the Members of the U.S. House of Representatives,
    • Giving Members permission to speak on the House floor,
    • Designating Members to serve as Speaker pro tempore,
    • Counting and declaring all votes,
    • Appointing Members to committees,
    • Sending bills

How long does the Speaker of the House serve?

The term ends on the expiration of the Congress in which he was elected unless he has resigned, died, or been removed from office. Deschler Ch 6 Sec. 2. During the 104th through 107th Congresses, the Speaker’s term of office was limited to four consecutive Congresses.
The Speaker is elected at the beginning of a new Congress by a majority of the Representatives-elect from candidates separately chosen by the majority- and minority-party caucuses. These candidates are elected by their party members at the organizing caucuses held soon after the new Congress is elected.

JOINT CHAMBERS

WHY A TWO-PARTY SYSTEM

Beginning in the 1820s, Democratic and Republicans in Congress were divided over questions about the powers of the federal government, which set the stage for two new political parties.

The politics of Congress have been defined by members’ affiliation with political parties. From the earliest days, politicians and the public have adopted a de facto 2-party political system. Membership in parties has at different times been defined by ideology, economics, rural/urban and geographic divides, religion, and populism.

POWERS

Although each chamber is assigned specific duties, joint responsibilities include: 

1. Lay and collect taxes
2. Set money value
3. Declare war
4. Govern territories


HISTORY

ELECTION

In September 1788, after the necessary three-quarters of the states had ratified the Constitution, the existing Congress under the Articles of Confederation passed a law setting March 4, 1789, as the convening date for the First Federal Congress.
According to Article I, Section 3 of the Constitution, “The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof for six Years.” The framers believed that in electing senators, state legislatures would cement their ties with the national government.
The House is the only branch of government that American voters have directly elected since its formation in 1789. Unlike the Senate, the House is not a continuing body. Its Members must stand for election every two years, after which it convenes for a new session and essentially reconstitutes itself—electing a Speaker, swearing in the Members-elect, and approving a slate of officers to administer the institution. Direct, biennial elections and the size of the membership (currently 435 voting Representatives) have made the House receptive to a continual influx of new ideas and priorities that contribute to its longstanding reputation as the “People’s House.”
PURPOSE
The Constitution grants the U.S. House of Representatives a unique set of powers in the federal government, embodying the framers’ intent to make it uniquely responsive to the will of the people. James Madison of Virginia, the father of the Constitution and the House’s most important statesman in the early Congresses, believed the House should have “an immediate dependence on, and an intimate sympathy with, the people.” 
To counter this popular influence in the national government, James Madison of Virginia proposed another house that would be small, deliberative, and independent from the larger, more democratic house. This became the Senate.

STATE GOVERNMENT
PARTY CONTROL AND GERRYMANDERING
Every ten years the census data is used to determine the number of people that must be serviced with representation in Congress & the Statehouse. According to the constitution, every 700,000 people require an increased House of Representation because of population growth.
Unfortunately, the House has not expanded beyond 435, and the illegal practice of gerrymandering is enabled by the courts. It results in candidates choosing their voters making some votes count more than others. Also, a party sustains a stronghold in certain districts. For instant. gerrymandered maps create districts that favor a certain party and constituents in the opposite party are denied representation.
The Wisconsin Supreme Court has chosen a legislative redistricting plan drawn by GOP state lawmakers, handing Republicans a major victory and giving the party’s candidates for the Legislature an even bigger advantage over the next decade.
The Ohio Redistricting Commission approved maps this month that entrench a GOP supermajority in the Ohio General Assembly, flouting new voter-passed anti-gerrymandering reforms. The maps, approved two weeks ago, make it harder for Ohioans to have a voice in their government and burden Ohio’s Black and Muslim communities, many of which are concentrated in gerrymandered districts. We [Brennan Center and co-counsel at Reed Smith ] argue that the commission’s gerrymandered maps violate voters’ equal protection and associational rights and the prohibition against partisan gerrymandering under the Ohio Constitution. We’re asking the Ohio Supreme Court to force the commission to redraw the maps.
Credit…Anna Watts for The New York Times
States where commissions or courts drew maps either saw the percentage of competitive districts fall only marginally or even increase. Indeed, after the steep decline in competition in single-party controlled states, maps drawn by commissions or courts now account for almost 60 percent of the nation’s shrinking number of competitive districts. To be clear, independent commissions like those in Michigan and Colorado differ in important ways from the politician-appointed, bipartisan bodies in states like New Jersey and Montana, but they all require participation from both major political parties. When the commission states are considered together, there is only about a 15 percent decrease in the share of competitive seats, far less than the drop in competition that occurred in states where one party drew the map.
Having the Supreme Court right this particular wrong makes sense given that most legislative bodies have shown themselves incapable of addressing gerrymandering — largely because the political establishment has become so accustomed to (and enriched by) the practice. 
In states like Maryland, politicians make excuses for inaction by demanding a national solution. But Congress will never act since the House majority at any given time will almost certainly owe its status to gerrymandered districts. This political problem doesn’t have a political answer, as lawmakers are only too happy to warp the system in their favor as long as they can get away with it.
Johnson. Miller v. Johnson, 515 U.S. 900 (1995), was a United States Supreme Court case concerning “affirmative gerrymandering/racial gerrymandering”, where racial minority-majority electoral districts are created during redistricting to increase minority Congressional representation.
VOTER SUPPRESSION
Voter suppression has been a tool historically used to deter Black Americans and other minorities from voting. Techniques of “cracking and packing” — diluting an opposing party’s clout [votes] by either spreading its supporters out to prevent a majority on the district level (cracking) or concentrating them in fewer districts (packing) — has a discriminatory effect. Courts have had no trouble stepping in when gerrymandering is done for the purpose of reducing the clout [votes] of minorities.
State government control voters by the use of these tactics:
    1. Strict voter photo ID laws

    2. Closing of DMV in strict voter ID law states

    3. Failure to accept government-issued state university and college student IDs

    4. No early voting

    5. Early voting cuts

    6. No Sunday Souls to the Polls Early Voting

    7. Harsh requirements/punishments for voter registration groups

    8. Tough Deputy Registrar Requirements

    9. Harsh voter registration compliance deadlines

    10. Failure to timely process voter registrations

    11. Cuts to Election Day (Same Day) registration

    12. Polling place reductions or consolidations

    13. Polling place relocations

    14. Inadequate or poorly trained staffing at polls

    15. Inadequate number of functioning machines, optical scanners, or electronic polling books 

    16. Running out of ballots at polling sites

    17. No paper ballots

    18. Failure to accept Native American tribal IDs.

    19. Barring Native American voters through residential address requirements for Native American lands which have PO Boxes

    20. Failure to place polling sites on Native American lands

    21. Refusal to place polling sites on college campuses

    22. Lack of available public transportation to polling sites

    23. Excessive Voter purging

    24. Disparate racial treatment at polling sites

    25. Student voting restrictions

      • Residency

    26. Ex-felon disenfranchisement laws

    27. Requiring Payment of Fines or Fees As Condition of Vote Restoration

    28. Failure to Inform Formerly Incarcerated Persons of Their Voting Rights or Eligibility to Vote

    29. Excessive Use of Inactive voter lists

    30. No Public Outreach or Notification to Voters Placed on Inactive Lists

    31. Language discrimination

      • Failure to accommodate

    32. Lack of language-accessible materials

    33. Failure to accommodate voters with disabilities

    34. No disability accessibility 

    35. No Curbside Voting

    36. Not enough disability-accessible voting equipment 

37. Barriers to assistance by family members or others for voters

38. Deceptive practices

• Flyers

• Robocalls

39. Voter intimidation

• Impersonating law enforcement personnel or immigration officers

40. Police at polling places

41. Racial gerrymandering

42. Creating polling place confusion by splitting Black precincts

43. Partisan gerrymandering

44. Barriers for homeless voters to voter registration

45. Voter caging

• Use of One-Time Postcards/Mailers

46. Voter challengers at polls

47. Voter challenges to voter registration lists

48. Use of Suspense lists

49. Absentee Ballot Short Return Deadlines 

50. Exact match requirements for signatures or other information

51. Complicated Absentee Ballot Requirements 

52. Proof of Citizenship Laws

513 Out-of-precinct = no vote counted requirements

54. Failure to pre-register 17-year-olds

55. Restrictions on straight-party voting

56. Interstate voter registration Crosscheck system

57. Jailed persons’ preconviction: denied right to register and/or vote

58. DOJ demanding voter records

59. Employers not providing time off or enough time

60. Failure to assist or accommodate voters displaced by natural disasters

61. Long lines

State houses like Congress have two chambers that regulate laws in that state. Laws passed by Congress can overturn. modify, or have no effects on state laws.

References: Quizlet, FiveThirtyEight, CONGRESS.GOV,

SENATE.GOV, WIKIPEDIA.ORG, HISTORY, ART & ARCHIVES

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