Congress

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Congress

     Congress is the legislative branch of the American national government.  It is one of the three branches making up our separation of power system.  The powers of Congress are defined in Article I of the U.S. Constitution.  Congress is made up of two coequal chambers:  The U.S. Senate and the U.S. House of Representatives.  There are 100 Senators, two from each State of the Union, and 435 Congressmen.  The number 435 has been established by statute.

111th Congress
Jan 2009 - Jan 2011

    Not only did the Democrats win the Presidency, they also increased their majorities in both Houses of Congress. As of August 2009, the 111th Congress had 258 Democrats and 178 Republicans with one vacancy.  This is a gain of 24 seats.  In the Senate, with two Independents voting with the Democrats, there were 60 Democrats and 40 Republicans.  Republican Senator Ted Stevens lost narrowly in Alaska after he was convicted of campaign finance violations.  The Senate seat in Wisconsin was not decided in favor of the Democrat Al Franken until June 30, 2009. Senator Joe Lieberman, now an Independent and who actively campaigned for John McCain, was allowed to remain within the Democratic Caucus and kept his chairmanship of the Homeland Security Committee.  The Republicans lost nine Senate seats in the 2008 election.

110th Congress
Jan 2007 - Jan 2009

    During the Congressional elections of 2006 for the 110th Congress, the Democratic Party regained control of both Houses of Congress for the first time since the election of 1994 when they lost control of the House.  They gained 33 seats in the House and picked up six in the Senate.  The US House of Representatives will have 234 Democrats and 201 Republicans.  The U.S. Senate  will be comprised of 49 Democrats, 49 Republicans and 2 Independents, both whom plan to caucus with the Democrats.  The Democrats will have a 51-49 majority in the US Senate.

109th Congress
Jan 2005 - Jan 2007

    In the 109th Congress, the Republicans continued to control the Presidency and both houses of Congress.  They did so from January 2003 through January 2007.  This has been the first time since the early days of President Dwight D. Eisenhower that Republicans have controlled both the Executive and the Legislative Branches of the U.S. Government.

     On January 4, 2005, when the 109th Congress convened, the Senate had 55 Republicans, 44 Democrats, and 1 Independent who was aligned with the Democrats.  The House of Representatives had 232 Republicans, 202 Democrats, and 1 Independent who was aligned with the Democrats.  The Republicans have controlled House since the 104th Congress, which convened in January 1995. 

108th Congress
         Jan 2003 - Man 2005
    

    The 108th Congress convened on January 7, 2003.  At that time, the Senate had 51 Republicans, 48 Democrats, and 1 Independent.  The House of Representatives had 229 Republicans, 205 Democrats, and 1 Independent.

The House of Representatives.

     Representatives must be at least 25 years of age, citizens of the United States for at least seven years, and, at the time of their election, live in the State whose Congressional District they represent.  Every ten years, a census of the population of the U.S. must be held, after which House seats are reallocated among the states on the basis of population. Each state has at least one Representative; thereafter seats depend on number of people living in that state.

    The Official Web Site of the U.S. House of Representatives is http://www.house.gov/

 

U.S. Senate

     Senators must be at least thirty years old, citizens of the United States for at least nine years, and must, at the time of their election, be inhabitants of the State which they will represent.  They do not necessarily have to be residents of that state at the time of election.  Senators represent their State and each State is given two U.S. Senators regardless of their population. States with small populations have the same representation as States with large populations.  This obviously violates the democratic principle of one person, one vote.  This concession to the small States dates from Great Compromise at the Constitutional Convention in 1787.

        This makes the U.S. Senate a malapportioned or unrepresentative body. Until 1913 when the Seventeenth Amendment to the U.S. Constitution was added, U.S. Senators were not even popularly elected.  They were chosen by their respective State legislatures.  Only as our Republic became more democratic did popular election procedures come to be applied to the Senate.

    The Official Web Site of the U.S. Senate is http://www.senate.gov/

    Since U.S. Senators serve for six years, one third of the membership is elected every two years.  U.S. Senators are grouped into three classes.  Class 3 States have races for the U.S. Senate in 2010.

Class 1
 
[next regular election:
Tuesday 6 November 2012]
Class 2
 
[next regular election:
Tuesday 4 November 2014]
Class 3
 
[next regular election:
Tuesday 2 November 2010]
Arizona Alabama Alabama
California Alaska Alaska
Connecticut Arkansas Arizona
Delaware Colorado Arkansas
Florida Delaware California
Hawaii Georgia Colorado
Indiana Idaho Connecticut
Maine Illinois Florida
Maryland Iowa Georgia
Massachusetts Kansas Hawaii
Michigan Kentucky Idaho
Minnesota Louisiana Illinois
Mississippi Maine Indiana
Missouri Massachusetts Iowa
Montana Michigan Kansas
Nebraska Minnesota Kentucky
Nevada Mississippi Louisiana
New Jersey Montana Maryland
New Mexico Nebraska Missouri
New York New Hampshire Nevada
North Dakota New Jersey New Hampshire
Ohio New Mexico New York
Pennsylvania North Carolina North Carolina
Rhode Island Oklahoma North Dakota
Tennessee Oregon Ohio
Texas Rhode Island Oklahoma
Utah South Carolina Oregon
Vermont South Dakota Pennsylvania
Virginia Tennessee South Carolina
Washington Texas South Dakota
West Virginia Virginia Utah
Wisconsin West Virginia Vermont
Wyoming Wyoming Washington
    Wisconsin
Class 1 Class 2 Class 3

 

Organizational Structure of Congress

        Congress is organized on the basis of three overlapping principles:  It is organized on the basis of our political parties.  It is functionally organized on the types of legislation enacted.  And Congress has its own leadership organization.  Both the leadership organization and the committee organization of Congress are linked to the party organization.

    1.  Party Organization. Almost all members of Congress are elected on the basis of their political party affiliation.  They run as either Republicans or Democrats.  Third party candidates, who usually call themselves Independents, are rarely elected.

        Once elected, Congresspeople and Senators affiliate either with the Republican Conference or the Democratic Caucus.  Both political parties have Policy Committees to help the parties make strategic and tactical decisions.  Both parties also maintain Campaign Committees to help members gain re-election and to defeat Members of Congress from the other party.  House and Senate maintain distinct committees.

    2.  Leadership Organization.  Each political party elects its own leaders.  These leaders become the leaders of the Congress.  The party with the majority in the House or Senate had the Majority Leadership positions and the party with the minority in the House and Senate has the minority positions.

        House Leadership:
        Majority Party
            Speaker of the House
            Majority Leader
            Assistant Majority Leader
            Majority Whip
        Minority Party
            Minority Leader
            Assistant Minority Leader
            Minority Whip

        Senate Leadership
        President of the Senate is the Vice President of U.S.
        President Pro Tempore--Senator of the Majority Party with Seniority
        Majority Leadership
            Senate Majority Leader
            Assistant Senate Majority Leader
            Senate Majority Whip
        Minority Leadership
            Senate Minority Leader
            Assistant Senate Minority Leader
            Senate Minority
Whip

    3.  Committee Organization.  The actual work of Congress, both in the House and Senate, is done through committees.  There are four types of committees:  a)  standing committees, b) select committees, c) joint committees, and d) conference committees.

        a.  Standing Committees are the real workhorses of Congress.  They are functionally organized in ways similar to the organization of the Executive Departments.  All bills are submitted to standing committees and must go through these committees before being approved by the full House or Senate.

        b.  Select Committees are created for special reasons to investigate some current issue or problem, which is not being handled by the regular standing committees.

        c.  Joint Committees have members from both the House and Senate.  They are created for either very important reasons such as the Joint Committee on Intelligence or very mundane reasons such as the Joint Committee on the Library of Congress.  The need for secrecy motivates the first; its narrow significance the creation of the second.

        d.  Conference Committees are created each time a bill is passed in different versions by the House and Senate.  Conference Committees are designed to iron out the differences.  Conference Committees have members from both House and Senate.  They are, thus, a kind of joint committee, but they function only until a given bill is reconciled.

Functions of Congress

bulletLegislate
bulletExecutive
bulletPresidential Appointments
bulletAdvise and Consent on Treaties
bulletDeclare War
bulletWar Powers Act
bulletConstituent (Constitutional)
bulletPropose Constitutional Amendments (2/3)
bulletCreate Constitutional Convention if Demanded by 2/3 of States.
bulletElectoral
bulletCounts Electoral College votes for President;
bulletif no majority, House elects President (voting by states) and Senate elects Vice President
bulletCongress judges election returns for its own members.
bulletJudicial
bulletImpeachment of President, Vice President, Federal Judges (House indicts like grand jury; Senate conducts trial with Chief Justice of U.S. Supreme Court presiding.
bulletEthics charges against members of Congress. May lead to expulsion.
bulletContempt of Congress charges may be placed persons who refuse to testify before Congress or provide Congress with requested information.
bulletSupaena power
bulletAdvise and consent on Judicial Nominations
bulletInvestigative
bulletMay investigate any public issue it wishes. Has supaena powers; may grant immunity from prosecution; in '50s there were massive violations of due process rights of witnesses.
bulletKefauver Hearings into Organized Crime
bulletArmy-McCarthy Hearings
bulletHouse Un-American Activities Committee
bulletSenate Watergate Hearings (Sam Ervin)
bulletIran-Contra Hearings
bulletSupervisory
bulletHow well are Federal programs, enacted by Congress, working? Much neglected function.
bulletSunset Laws.
bulletGeneral Accounting Office (GAO) works for Congress. Feared by Executive.
bulletOmbudsman Function
bulletAdvocate for constituents with Federal Agencies.
bulletImmigration and Naturalization Service.
bulletSocial Security Administration.
bulletConstituency Service:  Helping Constituents.
bulletCollege students wanting information for research papers.
bulletLocal government officials wanting help in getting grants.
bulletBusiness leaders seeking government contracts.
bulletProtecting local military bases.
bulletLegitimate function which can easily lead to abuse, conflicts of interest, extorted campaign contributions, kickbacks, graft, and worse.
bulletFund Raising for Political Campaigns
bulletMajor activity of Senators and Congresspeople.
bulletPolitical Action Committees.
bulletFederal Election Commission.
bulletBest Congress Money Can Buy.
bulletCampaigning for Re-Election
bulletEvery Two Years for House. Safe Seats. Seniority System. $1,000,000 campaigns.
bulletEvery Six Years for Senate. Very expensive to run. Television campaigns needed to cover entire state.
bulletShould there be term limits for Congress?