Section 1. The National Legislature
A bicameral congress
Bicameral- one legislature with two houses
Does this for historical, practical, and theoretical reasons
Historical- British parliament was made up of two houses since the 1300’s. All the states today, except Nebraska, have a bicameral legislature.
Practical- the framers had to create a two-chambered body to settle the conflicts between New Jersey and Virginia (plans) in 1787
Theoretical- They didn’t want one house to have too much power, so they made it consist of two, so one house might act as a check on the other.
Framers saw bicameralism as a way to refuse congress too much power and have it leave the other two branches powerless
Terms and Sessions
Each term of Congress lasts two years- began on March 4th 1789
The start of each new two-year term is noon of the 3rd day of January of every odd numbered year
A session of Congress is the time of year where Congress assembles and conducts business- 2 sessions for each term(one session a year)
Congress has the power to adjourn(suspend until the next session) sessions
The President has the power to prorogue(end) sessions
Only the President may call Congress into a special session(emergency)
Section 2. The House of Representatives
Size and Terms
The size of the House of Rep.’s is determined by Congress, not the Constitution
Total number of seats in the HofR’s shall be apportioned among the states based on population
There is no constitutional limit on the number of terms any member of congress may serve
Reapportionment
Article 1 of the constitution directs Congress to distribute the seats of the House after each decennial census
The constitution, at first, set the House at 65 seats
In 1792, Congress increased the # of seats from 41, to 106
Went from 41 originally, to 435 (1910)
Reapportionment Act of 1929
Permanent size of House is 435
The Census Bureau determines the # of seats each state should have
When the Bureaus plan is ready, the President sends it to Congress
If within 60 days, neither House rejects the plan, it becomes effective
Congressional Elections
Since 1872, Congress has held their elections on the Tuesday following the first Monday in November of each even-numbered year
Representatives are chosen by written or printed ballots(1872)
Use of voting machines was approved in 1899
Off –year elections – between Presidential elections
The 435 members are chosen by the Congressional district voters
Single-member district arrangement
Gerrymandered – districts are drawn to the advantage of the political party that controls the states legislature
Wesberry v. Sanders 1964 – the court held that the population differences among Georgia’s congressional districts violated the constitution - “one person, one vote”
Qualifications for House Members
Formal-
Must be at least 25 years of age
Must have been a citizen of the United States for at least seven years
Must be an inhabitant of the state from which he or she is elected
Due to custom- it is also required that in their district
May not exclude any representatives if they meet standards
Informal qualifications have to do with a candidates vote-getting abilities
Section 3. The Senate
Size, Election, and Terms
Size- much smaller than the House of Rep.’s
2 senators for each state
Members of the Senate represent entire states, therefore it is a job with more responsibility
Election- since the 17th amendment in 1913, senators have been elected by the state voters at-large
Term- senators serve for six-year terms, 3x the length of the House Members
May be elected to any # of terms
The senate is a continuous body – (all the seats are never up for election at once)
The 6year term gives senators a greater degree of job security
Constituencies – the people and interests the senators represent
Qualifications for Senators
Must be at least 30 years of age, have been a citizen of the U.S. for