PSCI 1040 004 Jim Battista University of North Texas Congress and TX Legislature Jim Battista Legislative Congress in the Constitution Apportionment The House by state population Members represent specific districts within a state Single member districts not always so Wesberry v Sanders Holds that within a state variation in the population of districts must be kept to an absolute minimum The Senate equally with two members per state Theoretically can t be altered even by Constitutional amendment Jim Battista Legislative Rules Article I section 5 Each House may determine the rules of its Proceedings The only structural rules specified in the Constitution are that each Representative and Senator receive one vote and the presence of a Speaker of the House and a President and President pro tempore of the Senate Jim Battista Legislative Qualifications for office House Minimum age of 25 citizen for seven years resident of state he or she represents Senate Minimum age of 30 citizen for nine years resident of state he or she represents U S Term Limits v Thornton holds that these qualification are the only qualifications that can be imposed neither states nor Congress can add new qualifications or things that function as qualifications by simple law such would require an amendment Jim Battista Legislative Powers of Congress Art I sec 2 The House of Representatives shall have the Sole power of Impeachment Art I sec 3 The Senate shall have the sole Power to try all Impeachments Art I sec 5 Each House shall be the judge of the elections returns and qualifications of its own members and with the concurrence of two thirds expel a member Art I sec 6 Members receive payment are immune from arrest while in transit to and from Congress except for felony treason and breach of peace and are immune from slander libel while speaking on the floor Jim Battista Legislative Powers of Congress Article I section 8 Lays out most of the main powers of Congress the main powers of the federal government Federal government limited Anything not specifically enabled is forbidden Unless there s a Thou Shalt then Thou Shalt Not Jim Battista Legislative The Congress shall have power to Major powers in Article 1 Section 8 Taxation Borrowing money Regulate interstate and int l commerce Coin money Establish post offices and post roads Constitute tribunals inferior to the Supreme Court Declare war Raise and support armies Make all laws necessary and proper to execute the other listed powers Jim Battista Legislative Elastic clause AKA Necessary and proper clause Power to pass laws necessary and proper to execute powers in Art 1 Sec 8 How broad McCulloch v MD 1819 Let the end be legitimate let it be within the scope of the constitution and all means which are appropriate which are plainly adapted to that end which are not prohibited but consistent with the letter and spirit of the constitution are constitutional Rational purpose test Very forgiving Jim Battista Legislative Interstate commerce Common use of elastic clause Congress has power to regulate commerce among the several states Lots of laws justified under this provision Civil Rights Act Regulation of toilet water use Food drug regulation How broad is the power Limit hit in 1995 US v Lopez Jim Battista Legislative Other powers of Congress Art I sec 9 No Money shall be drawn from the Treasury but in Consequence of Appropriations made by Law Art II sec 2 One third of Senate may reject treaties Art II sec 2 A majority of Senators can reject presidential appointments Art III sec 2 Congress control appellate jurisdiction of the Supreme Court Art V Two thirds of each house of Congress can propose amendments to the Constitution to state legislatures or ratifying conventions Jim Battista Legislative Powers forbidden to Congress original Constitution Banning importation of slaves until 1808 Bills of attainder Ex post facto laws Suspension of writ of habeas corpus UNLESS invasion or rebellion No tax on exports No title of nobility limits on foreign ones Impeachment punishment limited Treason defined punishment limited Jim Battista Legislative Congressional elections The pre campaign campaign Congressional campaign we see is end of the story Much of the real action happens before the campaign starts Does the incumbent retire Who runs Who doesn t run Representatives effectively run all the time Senators less so Goal in eternal campaign DETER SERIOUS OPPOSITION Jim Battista Legislative Kinds of challengers Quality challengers with previous elective office Serious or strategic amateurs Celebrities actors athletes and astronauts NOT exclusive Single issue amateurs Hopeless but electorally hopeful amateurs Non electorally motivated amateurs Jim Battista Legislative Huh So Question for incumbents How can I scare off the people who might beat me What can I do to face a pasty faced poli sci prof of dubious parentage instead of someone who could conceivably beat me Jim Battista Legislative Deterring serious opposition Make quality challenger think the odds of winning are too low reduce perceived probability of winning Gerrymandering Pork and casework Make quality challengers think that running against you will be a nightmare increase the costs of running Raise lots of money Jim Battista Legislative Gerrymandering Drawing district lines to favor or hurt someone Usually partisan sometimes racial sometimes personal Districts are drawn by state legislatures How to gerrymander Cracking break up the people you don t like so that they re a minority of every district Packing make one or a few districts that are 100 people you don t like so that cracking is easier in the rest of the districts First you pack as much as you need to then you crack the rest of the districts Jim Battista Legislative Pork and casework Pork Inefficient wasteful spending on local projects A new post office you don t need One man s pork is another man s statecraft Casework Helping constituents deal w federal gov t Jim Battista Legislative Fundraising Why would it be a deterrent Incumbent has lots of money to use against me Signal that incumbent is tough campaigner Nobody likes fundraising miserable demeaning task So people that do a lot of it and do it well are willing to sacrifice to keep their jobs so they re tough campaigners Jim Battista Legislative Campaigning How do people actually run That depends on how people actually vote Probably not on the issues Think in principal agency terms Want to find the right agent