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GOVT 2302. The United States Congress – Constitutional Design . This week we read through and attempt to understand the articles of the U.S. and Texas Constitutions which create the U.S. Congress and the Texas Legislature. . For a quick overview, click on the two following links:.
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GOVT 2302 The United States Congress – Constitutional Design
This week we read through and attempt to understand the articles of the U.S. and Texas Constitutions which create the U.S. Congress and the Texas Legislature.
The U.S. Congress:Article One of the U.S. Constitution.(wikipedia)
Ten Sections2,286 words(This sections contains almost half of the total words in the Constitution)
The Texas Legislature: Article Three of the Texas ConstitutionYou might want to also read the legislature’s entry in the Handbook of Texas Online.
The Constitutions of the United States and Texas create two similar, but distinct legislatures.
They are similar because they are bicameral, with a House of Representatives more directly connected to the people than the Senate.
The key difference is that the national legislature is designed to be a more powerful legislature than Texas’. This explains the discrepancy in length
The length of Article 3 of the Texas Constitution establishes clear limitations on the power of the legislature. The brevity of the U.S. Constitution makes these powers subject to debate.
Article One of the U.S. Constitution creates a professional legislature with fulltime legislators that do not hold other positions and that meets almost continually during each two year session.
Members of Congress receive a competitive salary (currently $174,000) and receive enough funding to have a sizeable staff in their DC offices and several districts offices as well.
Article Three of the Texas Constitution creates an amateur legislature composed of members who serve only 140 days every two years and are expected to have another profession.
Members receive a $600 per month salary, which was established by Texas voters in 1975. Members also receive a per diem allowance of $128 when the legislature is in session.
Texas legislators are provided little funding for staff. This limits the ability of legislators to provide constituency service.
This distinction reminds us of the different ways that each document treats governmental power. The U.S. Constitution has vague language that has been used to expand it, while the Texas Constitution has lengthy, precise language that restricts it.
The purpose of the Constitutional Convention was to create a stronger national government, including a Congress with the ability to pass meaningful legislation without being limited by the general population.
The Articles of Confederation created only a legislature, and that institution was severely restricted.Recall the relevant passages in the document:
The Articles of ConfederationArticle V. For the most convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislatures of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year.
Notice two key features of the legislature: Yearly appointments by the states.Subject to recall at any time.
This design restricted the powers of the legislature. It could not focus on national objectives – primarily commercial and military - which was fine with the states, but not the Federalists.
A national government detached from the states would be necessary to accomplish those objectives.
In 2301 we mentioned that three separate plans for constitutions were submitted to the Constitutional Convention. Each had a unique legislative design.
Hamilton’s Plan A bicameral legislature. The lower house, the Assembly, was elected by the people for three year terms. The upper house, the Senate, elected by electors chosen by the people, and with a life-term of service
The Virginia PlanA lower chamber elected by the people of the states. An upper chamber elected by the lower chamber. The size of both determined by state population. The upper chamber selects chief executive.
The central dispute involved the relationship between the nation and the states. Would the national government rest its authority on the people or on the states? What would be the dominant entity?
Key Federalist Goal: Base the national government on the people. Bypass the states. The House of Representatives would be that basis.
The people are ultimately sovereign, but which level of government would rest on the people’s authority?
This would require a compromise (the Great Compromise).The New Jersey PlanBoth the states and nation were sovereign.
How? By granting to each control over one of two chambers in the Legislative Branch.This was the consequence of the Great Compromise
The Great Compromise • Lower chamber is the people’s branch. It is elected by the population, composition based on population. Designed to be delegates. • Upper chamber is the state’s branch. Originally selected by the state legislatures. Designed to be trustee.
On to the Constitutional Design of the U.S. CongressArticle One
Section One: The Vesting Clause and Bicameralism All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
For information online: Find Law: Article One, Section OneWikipedia: Article One, Section One
Articles 1, 2, and 3 each begin with a vesting clause which grants a governmental power to one the three institutions. This one clarifies the role of Congress. It makes clear that neither the executive nor judicial braches can exercise legislative power.
This is necessary in order to fully separate powers. But as we will see, the executive through rulemaking power, and the courts, through judicial review, have powers that seem legislative in character.
There was no vesting clause in the Articles of Confederation. Therefore no clear function granted to Congress. It was established: “For the most convenient management of the general interests of the United States.” What does that mean?
Notice the term “herein granted.” This is taken to restrict the legislative powers to those that are spelled out in Section 8 below.But, controversially, other powers have been argued to fall under the implied powers. More on this below.
Section Two: The House of Representatives The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
For information online: Find Law: Article One, Section TwoWikipedia: Article One, Section Two
The two year term is set here, as is the fact that this institution is popularly elected.It is the closest to the people. Is that why it is the first institution designed in the document?
The fact that elections shall be held every two years means that neither the legislative or executive branch use the scheduling of elections to manipulate outcomes.It is more difficult – though not impossible - to manipulate a regularly scheduled election.
Remember that the House of Commons, in the past, met very irregularly and only at the discretion of the monarch, which made it subject to monarchic control. This point was made in the previous section.
The House of Representatives is designed to be responsive quickly to shifts in public opinion. But is it?
Two points about contemporary House Elections1 - Re-election rates commonly exceed 90%2 - Average election cost of elections exceed one million dollars.
Note that even in the 2010 “wave election” 86% of incumbents were reelected. No Houston area incumbents were defeated, most were comfortably re-elected. This is due to what is called incumbency advantaged.
A variety of factors, most notably gerrymandering, has been cited as a leading cause.Legislators are often involved in designing their own districts. This allows them to select their incumbents.
