POLS 1101 Lecture 8 Outline of Last Lecture I Provisions in the Bill of Rights II Incorporation III Incorporation of Bill of Rights into the 14th Amendment IV V Gun Control Protection of Rights and Liberties Outline of Current Lecture I Constitutional Prerogatives A Powers of Congress B Structure II Causes of Individualism in Congress A Plurality SMD B Primaries C Redistricting III Redistricting and One Person One Vote IV Gerrymandering V Redistricting and Minority Representation VI Partisan and Racial Redistricting VII Best Type of Representation VIII The Incumbency Advantage Current Lecture I Constitutional Prerogatives A Powers of Congress Designed to be the most powerful branch Primary lawmaking body laws must pass both chambers of congress then are signed by president Article 1 Section 8 lists powers goes into great detail at the end the elastic clause Broadest power is found in the necessary and proper or elastic clause B Structure II Representation through a bicameral legislature Comprised of the House and Senate Result of Connecticut Compromise between large and small states Compare and contrast the House and the Senate The House was intended to represent the people so the number of seats each state gets in the House is apportioned according to the size of the population of the state Members of the House serve twoyear terms and all members are up for reelection every two years to ensure they remain responsive to their constituents Representatives must be 25 years old The Senate was designed to appease the Antifederalists and represent the states Each state has two senators regardless of size Senators serve six year terms Originally senators were chosen by state governments but since the 17th Amendment in 1913 senators are elected by the people Elections in the Senate are also staggered with only 1 3 of the chamber up for reelection every two years The longer terms and the staggered elections reflect the Founders idea that the Senate would be more deliberative Senators must be 30 years old Principal agent problem public representation All of us have stuff we want to see enacted get enacted by members who get elected for congress they are our agents In thinking about the principal agent model there should be less agency loss in the House as voters the principals have a tighter leash on the representatives agents due to frequent elections Senators on the other hand are on a looser leash as they have six years in office Causes of Individualism in Congress A Plurality SMD Elections for the House and Senate use single member districts SMD and plurality rule if you get the most votes whether they are majority or not you win In single member districts each district state chooses one representative Plurality means that whoever receives the most votes wins B Primaries Candidates for office used to be determined by political parties III IV Primaries started as a way to nominate candidates in the early 20th century Primaries allow voters to choose who will appear under the party label on the general election ballot C Redistricting The number of districts in each state is based on population with each state getting at least one The total number of districts has been fixed at 435 members since 1911 Every 10 years when the census comes out these seats get reallocated Good for GA because we can get some new seats Most states redraw district lines every ten years even if they don t lose or gain seats which is how we decided who represents what district could change depending on number of seats allocated Redistricting and One Person One Vote Supreme Court put restrictions on the drawing of districts in the 1960s States want to preserves county lines Baker v Carr 1962 it is critical that states adhere to one person one vote States need to redraw their maps district lines every 10 years because of the change in population people not trees Wesberry v Sanders 1964 When you draw congressional districts you have to refer to this Reynolds v Sims 1964 State legislative districts have to adhere to this concept also Districts must adhere to one person one vote standard Forced states to draw districts with equal populations Gerrymandering drawing districts possibly in an obtuse way to generate political gain Politics easily intrudes into the drawing of districts By redistricting states can manipulate representation Example District was supposed to help African Americans participate in Congress V VI VII VIII Redistricting and Minority Representation Voting Rights Act of 1965 and the election of more minority candidates Federal examiners under the old Section 6 Court scrutiny of congressional redistricting Section 5 provision for preclearance Requires that any change in voter laws has to be pre cleared by justice dept or federal court Shelby County v Holder 2013 and Section 4 b sets formula for what locals are subject to preclearance Also a rise in the number of women elected but Congress still does not demographically mirror the nation as a whole Partisan and Racial Redistricting Fixing you district lines for the benefit of parties Best Type of Representation How does a member determine how best to represent her constituents Examples Edmund Burke proposed that sometimes members act like trustees this member believes that the public entrusted me to do the right thing my job is to figure out what policy is best for the country based on my decision and other times like delegates this member of congress believes I am elected because the people can t vote on all the policies of the country directly I am the voice of my constituents What they want I will make happen Most members try to balance these visions of representation example would be the debt ceiling crisis The Incumbency Advantage Members of Congress are reelected in very high numbers 90 of members get re elected of those who seek re election What causes this advantage Gerrymandering Redistricting Since about 2000 incumbents districts have become more popular Pork Perhaps as a member of congress you can obtain fed Funding for your district for something they need However congress has banned ear marks Television access If you are a member of congress TV lets everybody see your stance on policies Campaign finance If incumbent it helps raise money for your seats easily National party efforts