Changes

In the United States and in 49 out of 50 states there is a "bicameral" legislature, which means there are '''''two''''' legislative bodies.  In Congress this legislature consists of the separate entities (or chambers) of the House of Representatives and the Senate.   

In the United States and in 49 out of 50 states there is a "bicameral" legislature, which means there are '''''two''''' legislative bodies.  In Congress this legislature consists of the separate entities (or chambers) of the House of Representatives and the Senate.   

At the state level, state legislatures have a Senate but often use a different name for their other legislative body. In New Jersey the equivalent of the U.S. House of Representatives is called the "Assembly".  Because the term of office for the Senate is longer than for the Assembly (or House), politicians aspire to eventually be elected to the Senate.  Nebraska has a "unicameral" legislature: only one legislative body rather than two.

At the state level, state legislatures have a Senate but often use a different name for their other legislative body. In New Jersey the equivalent of the U.S. House of Representatives is called the "Assembly".  Because the term of office for the Senate is longer than for the Assembly (or House), politicians aspire to eventually be elected to the Senate.  

 

Bills are designated by the chamber in which they are introduced:  "A 555" means "Assembly bill number 555" in a state legislature.  "H.B. 555" means "House Bill No. 555" in Congress; "S.B. 555" means "Senate Bill No. 555." Nebraska has a "unicameral" legislature: only one legislative body rather than two.  It refers to its bills as "L 555"; the "L" stands for its one and only legislative body.  '''''The state legislatures and Congress are in completely separate systems; no bills go from one to the other'''''.

When one political party controls one of the legislative bodies, and the other political party controls the other legislative body or the executive branch, then this is called "divided government."  While some complain that it is harder to enact laws when there is divided government, others observe that divided government makes each side more responsive to the public.  Competition is usually a good thing in bringing out the best in everyone.

When one political party controls one of the legislative bodies, and the other political party controls the other legislative body or the executive branch, then this is called "divided government."  While some complain that it is harder to enact laws when there is divided government, others observe that divided government makes each side more responsive to the public.  Competition is usually a good thing in bringing out the best in everyone.

=== "5.  If a police officer pulls over a car on the New Jersey Turnpike ...." ===

=== "5.  If a police officer pulls over a car on the New Jersey Turnpike ...." ===

Police officers on the NJ Turnpike work for the state government, but most police officers work for local government (e.g., Newark, or Bedminister Township).  No police officers work for the federal government.  There are really three levels of government: federal, state and local, although the "state and local" levels are often grouped together.

Police officers on the NJ Turnpike work for the state government, but most police officers work for local government (e.g., Newark, or Bedminster Township).  No police officers work for the federal government.  There are really three levels of government: federal, state and local, although the "state and local" levels are often grouped together.

=== "7.  Explain what gerrymandering is." ===

=== "7.  Explain what gerrymandering is." ===

Article I of the U.S. Constitution defines and limits the powers of Congress.

Article I of the U.S. Constitution defines and limits the powers of Congress.

Congress has two entities:  the [[House of Representatives]] and the [[Senate]].  Each "chamber" (House and Senate) is run by its own set of rules.  

Congress has two entities:  the [[House of Representatives]] and the [[Senate]].  Each "chamber" (House and Senate) is run by its own set of rules. 

 

 

The newly elected congressmen and Senators then take office about two months after Election Day, near the beginning of January.

=== House of Representatives ===

=== House of Representatives ===

== How Laws are Made ==

== How Laws are Made ==

The basic process for passing a federal law is as follows: A committee in the House of Representatives drafts a new statute, and typically holds a public hearing about the proposed law.  Experts and members of the public are allowed to testify about the proposed law at the hearing, and this becomes part of the legislative history for the law if it eventually passes, which can be used by courts in interpreting what the law means.  Comments by legislators at the committee hearings, and when the bill is debated later on the floor of Congress or the state legislative body, also become part of the legislative history.

The basic process for passing a federal law is as follows: A committee in the House of Representatives drafts a new statute (a "bill"), and typically holds a public hearing about the proposed law.  Experts and members of the public are allowed to testify about the proposed law at the hearing, and their comments at the hearing ("testimony") becomes part of the legislative history for the law if it eventually passes, which can be used by courts in interpreting what the law means.  Comments by legislators at the committee hearings, and when the bill is debated later on the floor of Congress (or a state legislative body, if it is a proposed state law), also become part of the legislative history.

If the committee approves the bill, then it is sent to the House Rules Committee, which will dictate the rules for debate and amendment by the full House prior to a vote.  If it ultimately passes the full House, it then proceeds to a committee in the Senate, which may revise it before approving or rejecting it.  If the Senate committee approves it, perhaps in revised form, then it goes to the full Senate for passage.  Amendments may be proposed by any senator, and any senator may try to block by a vote by arguing indefinitely (this is known as a filibuster).  In the Senate, 60 votes are necessary to end a filibuster and force a final vote.

For a bill in the House of Representatives (Congress), if the committee members vote in favor of the bill, then it is sent to the House Rules Committee, which will dictate the rules for debate and amendment by the full House prior to a full vote by all House members.  If it ultimately passes the full House, it then proceeds to a committee in the Senate, which may revise the bill before approving or rejecting it.  If the Senate committee approves it, perhaps in revised form, then it goes to the full Senate for passage.  Amendments may be proposed by any senator, and any senator may try to block a vote by arguing indefinitely (this is known as a filibuster).  In the Senate, 60 votes are necessary to end a filibuster and force a final vote by the full Senate.

If it passes the Senate, then it is compared to the House version.  If they were identical, then it proceeds directly to the president for approval or rejection.  But if the House and Senate versions are different, then it must go to a specially appointed joint committee representing both chambers. They attempt to resolve the differences and present an identical version for new approval by the House and Senate.  If the revised version is approved by both the House and Senate, it then goes to the president.

If the bill passes the Senate, then it is compared to the House version.  If they are identical, then it proceeds directly to the president for approval or rejection.  But if the House and Senate versions are different, then it must go to a specially appointed joint committee representing both chambers. They attempt to resolve the differences and present an identical version for new approval by the House and Senate.  If the revised version is approved by both the House and Senate, it then goes to the president.

If the president signs the bill in ten (10) days (excluding Sundays), or fails to return it without a signature and Congress is in session, then it becomes law.  If the president vetoes the bill, or fails to return it in ten (10) days (excluding Sundays) and Congress is no longer in session (the “pocket veto”), then it does not become law.  (A famous example of the pocket veto was President Lincoln’s refusal to sign his own Party’s Wade-Davis Bill in 1864, which would have imposed harsh penalties on Confederate officials.)  Congress may attempt to override any type of veto, but it needs 2/3 approval in both the House and Senate to do so.  See Article I, Section 7, clause 2 (p. 320).

If the president then signs the bill within ten (10) days (excluding Sundays), or fails to return it without a signature and Congress is in session, then it becomes law.  If the president vetoes the bill, or fails to return it in ten (10) days (excluding Sundays) and Congress is no longer in session (this is a “pocket veto”), then it does not become law.  (A famous example of a pocket veto was President Lincoln’s refusal to sign his own Party’s Wade-Davis Bill in 1864, which would have imposed harsh penalties on Confederate officials.  A pocket veto allows the president to quietly cause the veto of a bill without a great deal of negative publicity.)  Congress may attempt to override any type of veto, but it needs 2/3 approval in both the House and Senate to do so.  See Article I, Section 7, clause 2.

Overrides of vetoes were very rare prior to President Andrew Johnson.  Only three presidents have been overridden ten or more times: Presidents Andrew Johnson, Harry Truman and Gerald Ford.  The reason is simple: each faced a Congress that was dominated by the opposing political party.  Republican President Reagan vetoed 78 bills of Congress, but was only overridden nine times.  That is remarkable given his principled positions and the overwhelming Democratic control of the House of Representatives during his presidency.

Overrides of vetoes were very rare prior to President Andrew Johnson.  Only three presidents have been overridden ten or more times: Presidents Andrew Johnson, Harry Truman and Gerald Ford.  The reason is simple: each faced a Congress that was dominated by the opposing political party.  Republican President Reagan vetoed 78 bills of Congress, but was only overridden nine times.  That is remarkable given his principled positions and the overwhelming Democratic control of the House of Representatives during his presidency.

The Republican-controlled House voted to override President Clinton’s veto of the ban on partial-birth abortion, but the Senate lacked the 2/3rd majority required.  It was not until President Bush was elected in 2000 and the Republicans captured the Senate in 2002 that now it appears this bill will be enacted into law.  With Bush agreeing to sign the bill, only a majority (rather than 2/3rd) vote is necessary in Congress to enact it.

The Republican-controlled House voted to override President Clinton’s veto of the ban on partial-birth abortion, but the Senate lacked the 2/3rd majority required.  It was not until President Bush was elected in 2000 and the Republicans captured the Senate in 2002 that the ban on partial-birth abortion became federal law, with President George W. Bush's signature.  Because President Bush would sign it, only a majority vote was needed in Congress to pass it.

== Legislative History ==

== Legislative History ==

The [[Constitution]] is a model of clarity compared with what Congress passes each year.  Ambiguities pervade laws passed by Congress.  Often the [[congressman|congressmen]] argue among themselves, and then pass compromised language rather than clarity.  They may not even agree what the language means at the time it is passed.

The [[U.S. Constitution]] is a model of clarity compared with what Congress passes each year.  Ambiguities pervade laws passed by Congress.  Often the [[congressman|congressmen]] argue among themselves, and then pass compromised language rather than clarity.  They may not even agree what the language means at the time it is passed.  '''''Most congressmen do not even read the bills that they pass into law'''''.

[[Senator]]s like [[Ted Kennedy]] would insert comments on the [[Senate]] floor and in [[committee]] reports about what they feel the [[statute]]s mean.  Sometimes lengthy descriptions of intent are inserted by a few senators into these reports.  [[Court]]s then pick up on these comments to find meanings that may not have been shared by most of the supporters of the statutes.

[[Senator]]s like [[Ted Kennedy]], the most powerful senator for decades until he passed away in 2009, would insert comments on the [[Senate]] floor and in [[committee]] reports about what they feel the [[statute]]s mean.  Sometimes lengthy descriptions of intent are inserted by a few senators into these reports.  [[Court]]s then pick up on these comments to find meanings that may not have been shared by most of those who voted for the law.

The reports and statements by congressmen in connection with passage of a [[bill]] are known as its “legislative history.”  For most of our history, it was popular for courts to rely heavily on legislative history in interpreting a statute.  To combat this, Presidents [[Ronald Reagan]] and the first [[George H. W. Bush|George Bush]] began attaching their own interpretations of statutes to what they signed into [[law]].

The reports and statements by congressmen, and sometimes even testimony by others at the committee hearings, in connection with passage of a [[bill]] are known as its “legislative history.”  For most of our history, it was popular for courts to rely heavily on legislative history in interpreting a statute.  To combat this, Presidents [[Ronald Reagan]] and the first [[George H. W. Bush|George Bush]] began attaching their own interpretations of statutes to what they signed into [[law]].

What did the [[Framers]] of the [[Constitution]] do?  They insisted that all notes and viewpoints be destroyed at the end of the constitutional convention.  They did not want any “legislative history” to influence the interpretation of the Constitution itself.  Only James Madison preserved his notes, which were not published until many decades later.

What did the [[Framers]] of the [[Constitution]] do?  They insisted that all notes and viewpoints be destroyed at the end of the constitutional convention.  They did not want any “legislative history” to influence the interpretation of the Constitution itself.  Only James Madison preserved all his notes, which were not published until many decades later.

Several on the [[U.S. Supreme Court]], such as [[Antonin Scalia|Justice Scalia]], feel that legislative history should have no influence in interpreting a statute.  In what is known as "[[textualism]]", these [[conservatives]] feel that the text of the statute alone should define its meaning.  What do you think?

Several on the [[U.S. Supreme Court]], such as [[Antonin Scalia|Justice Scalia]], feel that legislative history should have no influence in interpreting a statute.  In what is known as "[[textualism]]", these [[conservatives]] feel that the text of the statute alone should define its true meaning.  What do you think?

== States Determine Election Procedures ==

== States Determine Election Procedures ==

== "All Politics Is Local" ==

== "All Politics Is Local" ==

A famous -- and often overlooked -- observation about politics this this:  "all politics is local."  The media (television, national newspapers, and even the internet) tend to cover national personalities and issues, but it is at a local level (your own town, legislative district, or even state) where the most important political decisions occur.  It is at the local level where an individual can have the greatest influence in making the community a better place.

A famous -- and often overlooked -- observation about politics is this:  "all politics is local."  The media (television, national newspapers, and even the internet) tend to cover national personalities and issues, but it is at a local level (your own town, legislative district, or even state) where the most important political decisions occur.  It is at the local level where an individual can have the greatest influence in making the community a better place.

The legislature is largely defined by local politics, and rightly so.  In New Jersey each resident has two Assemblymen and one Senator representing him in the statehouse, and one member of the House of Representatives and two Senators representing him in Congress.  Although both the House of Representatives and U.S. Senate are part of "Congress", the term "congressman" typically applies only to members of the House of Representatives.  So your "congressman" is the elected official who represents your congressional district in the U.S. House of Representatives.  He is elected every two years on Election Day, and you can have an influence on whether he is reelected or defeated, either in his political party's primary (held in early June in New Jersey) or in the general election in early November.

The legislature is largely defined by local politics, and rightly so.  In New Jersey each resident has two Assemblymen and one Senator representing him in the statehouse, and one member of the House of Representatives and two Senators representing him in Congress.  Although both the House of Representatives and U.S. Senate are part of "Congress", the term "congressman" typically applies only to members of the House of Representatives.  So your "congressman" is the elected official who represents your congressional district in the U.S. House of Representatives.  He is elected every two years on Election Day, and you can have an influence on whether he is reelected or defeated, either in his political party's primary (held in early June in New Jersey) or in the general election in early November.

Due to gerrymandering, most congressional seats in New Jersey (as in most states) are "safe seats," which means one of the two major parties has an almost insurmountable advantage on Election Day.  In other words, whomever the controlling political party nominates in its primary for the House of Representatives is likely to win the general election against the other party's candidate.  But it may be possible to defeat the candidate in his party's primary election that nominates him in June, although it may take several election cycles (repetitive challenges every two years against his reelection) before succeeding at that.

Due to gerrymandering, most congressional seats in New Jersey (as in most states) are "safe seats," which means one of the two major parties has an almost insurmountable advantage on Election Day.  In other words, whomever the controlling political party nominates in its primary for the House of Representatives is likely to win the general election against the other party's candidate.  But it may be possible to defeat the candidate in his party's primary election that nominates him in June, although it may take several election cycles (repetitive challenges every two years against his reelection) before succeeding at that.

Because more than 300 out of 435 Houae of Representatives are "safe seats" controlled by Democrats or Republicans, does that mean the "House" is always controlled by the same political party?  No, because there are still 50-100 seats that are toss-ups on election day, and that is enough to tip the majority to one side or the other.  Due to landslide victories by Republicans in 2010 in the "midterm elections" (elections in a year not divisible by four, such that there is no presidential candidate on the ballot), Republicans have a substantial majority in the "House" in 2012.  But that control could be lost on Election Day.

Because more than 300 out of 435 House of Representatives are "safe seats" controlled by Democrats or Republicans, does that mean the "House" is always controlled by the same political party?  No, because there are still 50-100 seats that are toss-ups on election day, and that is enough to tip the majority to one side or the other.  Due to landslide victories by Republicans in 2010 in the "midterm elections" (elections in a year not divisible by four, such that there is no presidential candidate on the ballot), Republicans have a substantial majority in the "House" in 2012.  But that control could be lost on Election Day.

== Homework ==

== Homework ==

Answer the first five questions, and then two of the remaining three:

Answer the first five questions, and then two of the remaining three:

1. What are the six most important powers of Congress?

1. What do you think are the six most important powers of Congress?

<br>2. What prevents New Jersey from requiring homeschoolers to take public school exams each year?

<br>2. What prevents New Jersey from requiring homeschoolers to take public school exams each year?

<br>3. Explain what fraction of the U.S. Senate is elected every two years, and the reason why only some of the senators are up for election on Election Day.

<br>3. Explain what fraction (approximately) of the U.S. Senate is elected every two years, and the reason why only some of the senators are up for election on Election Day.

<br>4. Describe in simple terms how a "bill" becomes law at the federal level.  (E.g., a congressional committee considers proposed legislation ....)

<br>4. Describe in simple terms how a "bill" becomes law at the federal level.  (E.g., a congressional committee first considers proposed legislation ....)

<br>5. Give an example not in the lecture of a power the federal government lacks.

<br>5. Give an example not in the lecture of a power the federal government lacks.

<br>6. Term limits do not exist for congressmen.  Should they?  Also, should the people have the power to recall congressmen by a special election, before their term is completed?  (There is no power to recall congressmen at this time.)

<br>6. What is "textualism", and do you think that "legislative history" should be considered when interpreting the meaning of a law?  Explain.

<br>7. Explain a difference between the political system in the United States and the one in England.

<br>7. Explain a difference between the political system in the United States and the one in England.

<br>8. Which political party do you expect to win control of the U.S. Senate on Election Day this year, and why?

<br>8. Which political party do you expect to win control of the U.S. Senate on Election Day this year, and why?

'''Extra credit''' (answer two of the following four questions):

'''Extra credit''' (answer two of the following four questions):

9. Explain the role of committees in Congress, with examples.

9. Explain the role of committees in Congress, with actual or hypothetical examples.

<br>10. The constitutionality of "ObamaCare" was upheld by the U.S. Supreme Court in June 2012 based on which clause(s)?  Discuss.

<br>10. The constitutionality of "ObamaCare" was upheld by the U.S. Supreme Court in June 2012 based on which clause(s) of Article I of the Constitution?  Discuss.

<br>11. Draft a new law that Congress would have the power to pass to give additional protection to homeschooling.

<br>11. Draft a new law that Congress would have the power to pass to give additional protection to homeschooling.

<br>12. Which party controls the House of Representatives today, and by what margin (approximation is fine)?  E.g., is it controlled by Democrats by a 235-200 margin?

<br>12. Which political party controls the House of Representatives today, and by what margin (approximation is fine)?  E.g., is it controlled by Democrats by a 235-200 margin?  What do you think the margin will be in January 2013?

You can post your answers at [[American Government Homework Two]].

You can post your answers at [[American Government Homework Two]].

[[Category:American Government lectures]]

[[Category:American Government lectures]]