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The Legislative Branch Unit 7 AP Government
Important Terms and Concepts • Read your textbook carefully • Terms are VERY important this unit!
The Bicameral System
Roots of the Legislative Branch • The Framers were greatly influenced by the American colonial experience – Under the British, colonial assemblies were chosen as advisory bodies to the royal governors. • These assemblies gradually assumed more power and authority in each colony, eventually gaining responsibility over taxation and spending. • The Continental Congress was a gathering of the selected legislators from the 13 colonies • Upon independence, the Continental Congress became the first American Congress
Under ARTICLES CONGRESS LACKED POWER TO: 1. 2. 3. 4. 5. 6. After CONSTITUTION TO CONGRESS HAD POWER TO : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
Under ARTICLES CONGRESS LACKED POWER TO: 1. 2. 3. 4. 5. 6. After CONSTITUTION TO CONGRESS HAD POWER TO : Provide for effective treaty-making power and control foreign relations; it could not compel states to respect treaties. Compel states to meet military quotas; it could not draft soldiers. Regulate interstate and foreign commerce; it left each state free to set up its own tariff system. Collect taxes directly from the people; it had to rely on states to collect and forward taxes. Compel states to pay their share of government costs. Provide and maintain a sound monetary system or issue paper money; this was left up to the states, and monies in circulation differed tremendously in value. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Declare war and make peace. Enter into treaties and alliances. Establish and control armed forces. Requisition men and money from states. Regulate coinage. Borrow money and issue bills of credit. Fix uniform standards of weight and measurement. Create admiralty courts. Create a postal system. Regulate Indian affairs. Guarantee citizens of each state the rights and privileges of citizens in the several states when in another state. Adjudicate disputes between states on state petition.
Which Branch is the ‘Most’ Powerful? ? • The framers of the U. S Constitution placed Congress at the center of the government. – Article I • In the early years of the republic Congress held the bulk of power. • Today, the presidency has become quite powerful particularly since FDR. – Congress now generally responds to executive branch legislative proposals.
Qualifications for Congress House Senate • 25 years old • 30 years old • US Citizen for 7 years • US Citizen for 9 years • Be a resident of the state you represent
Congressional Terms • Senators have a 6 year term with 1/3 of the seats up for reelection every two years. • House members serve 2 year terms and must be reelected every general election. • NO LIMIT TO TERMS!
Key Differences Between the Houses Found in the Constitution House • Initiate revenue, budget, • and appropriation bills$$$$ • All money bills start in House • Impeaches the president • Selects the President in case there is no majority winner in • the electoral college • • Senate Offers “advise and consent ” for presidential nominees by confirming the presidential appointments of federal judges, Supreme Court justices, heads of departments and agencies, ambassadors Ratifies treaties Convicts the president AFTER impeachment in the House Selects the Vice-president in case there is no majority winner in the electoral college
Other Important Differences Between the Two Houses House • Formal • • Many rules • • Rules Committee very powerful • “Germaneness” requirement for bills • • Congressmen become specialists in one major area • Speaker is extremely powerful • • Senate Foreign policy experts Relaxed • Less rules (filibuster allowed) • No Rules Committee Senators become generalists and become ‘experts’ in several key areas Senate “holds” on bills Unanimous consent agreements to ease bill passage
The Makeup of Legislative Branch • The Great Compromise provided the necessary vision to insure that the new legislature was accepted by the new country – A bicameral legislative branch of government was created • The upper house is called the Senate in which each state receives two representatives. – 100 total • The lower house is called the House of Representatives which is apportioned by population. – 435 total
The th 114 House
115 th House of Representative Light red are pick-ups by Republicans, Light blue are pick-ups by Democrats.
The th 114 Senate
115 th Senate • • • 2 Democrats BLUE 1 Democrat and 1 Republican PURPLE 2 Republicans RED 1 Independent and 1 Democrat GREEN/ BLUE 1 Independent and 1 Republican GREEN/ RED
Party Breakdown in 114 th Congress Senate-100 House-435 total Republicans 54 Republicans 247 Democrats 46 Democrats 188 *Independents Angus King and Bernie Sanders both caucus with the Democrats Demographics of members D R Women 62 22 Minorities 74 Openly LGBT 6 Demographics of members D R Women 14 6 11 Minorities 3 3 0 Openly LGBT 1 0
The 115 th Congress and Important Congressional Offices
Congressional Leadership Offices to Know • For Unit Test- What do they do? What are the official jobs of each leadership position? ) • For Quiz- Who are they? -Who holds these positions in the 114 th? ? Counts as 1/3 of a test. (14 people) • • • Speaker of the House Majority Leader House Majority Whip House Minority Leader House Minority Whip • President of the Senate • President Pro Tempore of the Senate • Senate Majority Leader • Senate Majority Whip • Senate Minority Leader • Senate Minority Whip + Washington’s 2 Senators and 1 Congressman
Roles of Speaker of the House • The speaker is the principal leader of the House or Assembly. • The speaker typically will – – – – (1) preside over the daily sessions of the House (2) preserve order in the chamber (3) state parliamentary motions (4) rule on parliamentary questions (5) appoint committee chairs and members (6) refer bills to committee (7) sign legislation, writs and warrants (8) act as the official spokesman for the House or Assembly.
Speaker of the House • Paul Ryan (R-Wisconsin) • born 1970 • Selected for Speaker position in October 2015 • Has been in House since 2000
The Role of House Majority Leader • The role of the majority leader has been defined by history and tradition. – Schedules legislation for floor consideration – Plans the daily, weekly, and annual legislative agendas – Consults with Members to gauge party sentiment – Works to advance the goals of the majority party
House Majority Leader • Rep. Kevin Mc. Carthy • Represents California 22 nd District • Born 1965 • First elected in 2007
House Majority Whip Duties • The duties of the majority whip are to: – (1) assist the floor leader – (2) ensure member attendance – (3) count votes – (4) generally communicate the majority position
House Majority Whip • Steve Scalise • R- Louisiana • First elected in 2008 • Born 1965
House Minority Leader Duties • The minority leader is the principal leader of the minority caucus. • The minority leader is responsible for – (1) developing the minority position – (2) negotiating with the majority party – (3) directing minority caucus activities on the chamber floor – (4) leading debate for the minority
House Minority Leader • • Nancy Pelosi (D-CA) born 1940 House since 1987
Minority Whip Duties • The major responsibilities for the minority whip are to – (1) assist the minority leader on the floor – (2) count votes – (3) ensure attendance of minority party members
House Minority Whip • • Steny Hoyer (D-MD) born 1939 House since 1981
President of the Senate • The Vice President of the United States is the President of the Senate. • He is a non-voting member unless a vote of the Senate ends in a tie, in which case the Vice President casts the deciding vote. – The Constitution understands that the Vice President will not always be available and provides for a President pro tempore (literally, a temporary president
President of the Senate • Vice-President Joe Biden • Democrat • Born 1942 • Formerly a Senator from DE – Served 6 terms
President Pro Tempore of the Senate • The President pro tempore is elected by the Senate – By custom, he is the most senior senator in the majority party – The position of President pro tempore is primarily honorary, and does not carry significant political power
President Pro Tempore of the Senate • • Senator Orrin Hatch Republican– Utah Joined Senate in 1977 Born in 1934
Senate Majority Leader • Leads the majority party in the Senate • Manages and schedules the legislative and executive business of the Senate • In practice the Senate Majority leader is a highly influential figure and usually has a great deal of power over what legislation is approved by the Senate. – Has authority over other officials such as Senate whips and floor leaders
Senate Majority Leader • • Mitch Mc. Connell (R-KY) born 1942 Senate since 1985
Senate Majority Whip • The second ranking member of the Senate • The main function of the Majority Whip is to gather votes on major issues.
Senate Majority Whip • • John Cornyn ( R) Texas Born 1952 Senate since 2002
Senate Minority Leader • Elected as the leader of the minority party – Serves as the chief Senate spokesperson for his or her party • Helps to manage and schedule the legislative and executive business of the Senate.
Senate Minority Leader • • Chuck Schumer (D-NY) born 1950 Senate since 1998
Senate Minority Whip • The fourth ranking member of the Senate • The main function of the Minority Whip is to gather votes on major issues among members of the minority party.
Senate Minority Whip • • Dick Durbin (D-IL) born 1944 Senate since 1997
Washington’s 5 th House District Representative • Cathy Mc. Morris Rogers • Elected in 2005 • Former State Legislator
Washington’s Senior Senator • Patty Murray. D • Elected 1993 • Former member of House • Teacher
Washington’s Junior Senator • Maria Cantwell-D • Elected 2001 • Former member of the House of Representatives and the WA Legislature
Congressional Role Play Members of Congress must adapt to a certain role, which are varied in that they will provide different tasks and opportunities for the member. 1. Trustees take into consideration the views of their constituents, but use their own judgement to decide how to vote. 2. Delegates always vote with constituents no matter their opinion. 3. A Politico is a mixture of the two aforementioned voting roles, they occasionally will vote with their constituents, and occasionally vote on their own best judgement.
Apportionment and Redistricting • The Constitution requires that all Americans be counted every 10 years by a census. • The census determines the allotment of seats in the House of Representatives. • Redistricting (the redrawing of congressional districts to changes in seats allocated to the states from population sh ) is done by state legislatures and, of course, always has political overtones. – When the process is outrageously political, it is called gerrymandering and is often struck down by the courts.
Gerrymander • To draw district lines in such a way that gives unfair advantage to one group over another. • Named for Elbridge Gerry the former Governor of Massachusetts – Had been part of the Revolutionary War – Was one of the American emissaries to France during the XYZ Affair • The term “gerrymander” is a mixture of the word salamander and Governor Gerry’s name • He often drew legislative and/or district lines to benefit his political friends
The Original “Gerrymandered” District
Spend Money Regulate Commerce Taxation Powers of Congress Lawmaking Create Courts Declare War Make all laws "necessary and proper" to carrying out the enumerated powers
The Checks and Balances
Power of the Incumbency • 92% of House members have won reelection since 1946 • Members of the Senate are also likely to win reelection although less likely that the House – 75% since 1946 • Advantages – – – Greater name recognition Easier to raise money; about 75% of contributions goes to incumbents Credit claiming which increases victory of margin Discourages challengers Franking- free mail to constituents • Disadvantages – Voters are more likely to vote for the person NOT the party – Challengers with deep pockets
Organization of Congress
Organization of Congress • Every two years, a new Congress is seated. – 113 th currently in session • Congress opens each new session in January after election day – The first order of business is the election of leaders and adoption of new rules. • Both houses of Congress are organized by both leadership and committee purposes. – CONGRESS IS VERY PARTISAN! party for
Majority Party Advantages in the House of Representatives House • • Holds committee chairs Controls Rules Committee Sets the agenda Controls debate Chooses Speaker of the House Holds majority on each committee Assigns bills to committees
Majority Party Advantages in the House of Representatives • • • Rules that lead to Majority Power in House More formal rules No filibuster No holds House has no unanimous consents so members must always individually vote “Germaneness” rules concerning riders or amendments to House bills
The Filibuster • Minority party tactic to “talk a bill to death • Only allowed in the Senate NOT the House – From a Dutch word meaning “pirate” • Under Senate rules, the speech need not be relevant to the topic under discussion – There have been cases in which a senator has undertaken part of a speech by reading from a phone book • To stop a filibuster or apply cloture: – 16 Senators must sign a petition – 60 votes to end debate
Fun Filibusters Facts • They used to call it 'taking to the diaper a phrase that referred to , ' “the preparation” undertaken by a prudent senator before an extended filibuster • Longest filibuster on record – In 1957 Sen. Strom Thurmond talked for 24 hours and 18 minutes in an attempt to kill a civil rights bill – Strom Thurmond visited a steam room before his filibuster in order to dehydrate himself so he could drink without urinating. – An aide stood by in the cloakroom with a pail in case of emergency . . . Yikes – The bill passed less than two hours later, 62 -15. – But Thurmond succeeded in shattering the previous record set by Sen. Wayne Morse, D-Ore. , in 1953 of 22 hours and 26 !
The Party Caucus • Gathering of all the members of each party in each house of Congress • Responsibilities – Select party leaders – Assign party members to committees – Set policy goals
The Importance of Congressional Caucuses • A caucus is a group of members of the House of Representatives who – share some commonality, whether it be personal (ex. the Congressional Hispanic Caucus) – Have issues related to a district (ex. the Congressional Rural Caucus) – May be reflective of a representative’s substantive interest (ex. the Congressional Progressive Caucus, the African Great Lakes Caucus) • Caucuses have immerged as rivals to parties in policy formulation
Congressional Caucuses • Members form caucuses to: • organize themselves • to build social ties • to coordinate and promote legislative agendas • and perhaps sometimes to look good to individual or corporate constituents • The Committee on House Administration maintains a list of official registered “Congressional Member Organizations, ” more regularly known as caucuses.
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. African Great Lakes Caucus Afterschool Caucus: American Engagement Caucus Americans Abroad Caucus: Bicameral Congressional Caucus on Parkinson’s Disease Biomedical Research Caucus Bi‐Partisan Coalition for Combating Anti‐Semitism Bi‐Partisan Congressional Pro‐Life Caucus Bipartisan Congressional Refugee Caucus Bipartisan Disabilities Caucus (BDC Bi‐Partisan Privacy Caucus Congressional Bike Caucus Congressional Black Caucus Congressional Boating Caucus Congressional Border Caucus Congressional Caucus for Women’s Issues Congressional Caucus of the Netherlands Congressional Caucus on Addiction, Recovery and Treatment Congressional Caucus on Albanian Congressional Caucus on Global Road Safety Congressional Caucus on Green Jobs Congressional Caucus on Literacy Congressional Caucus on Long Range Strike Congressional Caucus on Lumber Congressional Caucus on Refugees Congressional Caucus on Sovereignty 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. Congressional Caucus on Taiwan Congressional Children’s Caucus Congressional Cybersecurity Caucus Congressional Cystic Fibrosis Caucus Congressional Hispanic Caucus Congressional JOBS NOW! Caucus Congressional Lesbian, Gay, Bisexual, and Transgender (LGBT) Equality Caucus Congressional Nuclear Security Caucus Congressional Olympic and Paralympic Caucus Congressional Prayer Caucus Congressional Rural Housing Caucus Congressional Soccer Caucus Congressional Soils Caucus Congressional Songwriters Caucus Congressional Sportsmen’s Caucus Congressional Western Caucus Congressional Wildlife Refuge Caucus Economic Literacy Caucus Fragile X Caucus House Tea Party Caucus Immigration Reform Caucus Nuclear Issues Working Group Reclaim American Jobs Caucus Water Caucus World Economic Forum Caucus
The Committee System • Real work of Congress is done by committees & subcommittees • Committees have historically been of the same ratio of party members as each house • The ratio of committee assignments ratio SHOULD be the same as the ratio in the entire House and/or Senate – The 109 th Congressional committees did not reflect this – Committees were dominated by Republicans who were appointed by the Republican leadership
Types of House Committees • The House has four types of committees • Standing (or permanent) committees • Special (or select) committees • Joint and conference committees • And a Committee of the Whole (100 members)
Standing House Committees • These traditional “permanent” House panels are identified in House Rule X, which also lists the jurisdiction of each committee. • Because they have legislative jurisdiction, standing committees consider bills and issues and recommend measures for consideration by the full House. – They also have oversight responsibility to monitor agencies, programs, and activities within their jurisdictions, and, in some cases, in areas that cut across committee jurisdictions.
Special or Select House Committees • These committees have issue-specific jurisdictions, functions and responsibilities that are set forth in the House Rules. • These committees are frequently created for a finite time period.
Standing Committees Committee on Agriculture *Committee on Appropriations (projects) Committee on Armed Services *Committee on the Budget Committee on Education and the Workforce Committee on Energy and Commerce Committee on Financial Services Committee on Government Reform Committee on Homeland Security Committee on House Administration Committee on International Relations Committee on the Judiciary Committee on Resources *Committee on Rules (runs the House) Committee on Science Committee on Small Business Committee on Standards of Official Conduct Committee on Transportation and Infrastructure Committee on Veterans' Affairs *Committee on Ways and Means (taxes) House Committees Special, Select, and Other House Permanent Select Committee on Intelligence Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina • Joint Economic Committee Joint Committee on Printing Joint Committee on Taxation
Committee of the Whole • This most important committee is composed of all House Members and is created to expedite the consideration of bills, other measures and amendments on the floor of the House. • In the Committee of the Whole, a quorum is 100 Members (as compared to 218 in the House) and debate on amendments is conducted under the fiveminute rule (as compared to the hour rule in the House), following general debate. • Debates over the details of legislation are almost always conducted when the House is sitting as the Committee of the Whole, which following debate reports its legislation, with any amendments, to the House for an up or down vote.
Types of Senate Committees • The Senate has three types of committees • Standing committees • Select (or special) committees • Joint and conference committees
Senate Standing Committees • Senate standing committees are permanent bodies with specific responsibilities spelled out in the Senate's official rules. • For purposes of member assignment, Senate committees are divided, according to relative importance, into three categories • Class A, Class B, and Class C. – Senators are limited to service on two Class A committees and one Class B committee. – Assignment to Class C committees is made without reference to a member's service on any other panels.
Special (and Select) Senate Committees • Select and special Senate committees fall into either the Class B or the Class C category. • They are created for clearly specified purposes and, although those that currently exist are now considered permanent, they did not necessarily enjoy that status at their inception. – Special investigating committees, such as the 1973 Select Committee to Investigate Presidential Campaign Activities (the Watergate Committee), expire after they submit their final report to the Senate.
Senate Committees • Standing Committees Agriculture, Nutrition, and Forestry *Appropriations (projects) Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources Environment and Public Works *Finance (money) *Foreign Relations (treaties) Health, Education, Labor, and Pensions Homeland Security and Governmental Affairs *Judiciary (approves judges) Rules and Administration Small Business and Entrepreneurship Veterans Affairs • Special, Select, and Other Indian Affairs Select Committee on Ethics Select Committee on Intelligence Special Committee on Aging • Joint Committee on Printing Joint Committee on Taxation Joint Committee on the Library Joint Economic Committee
Pork Barrel Politics • Or…. ”How to Bring Home the Bacon” to your home district. • Also known as “Earmarks” • BTW…It is very beneficial to be on the Appropriations Committee
Former President Pro Temp Ted Stevens (R-AK) and his $223 Million dollar “Bridge to Nowhere” And his $500 K “Salmon-Thirty-Salmon ” Two Pork Barrel. Earmarks for Alaska
Joint Committees • These committees are composed of Members from both the House and the Senate. • The most important job of the conference committee is to smooth out differences between versions of the same bill before it goes to the President for his signature
How a Bill Becomes a Law
Lawmaking • The most important constitutional power of Congress is the power to make laws. – This power is shared by the House and the Senate. • In order to become a law, a bill must be passed by both the House and the Senate.
Lawmaking • Anyone can write a bill – However, only a member of the House or Senate may introduce a bill. • A bill must survive three stages to become a law: 1. Committees 2. The floor 3. The conference committee. • Over 9, 000 bills are proposed and fewer than 5 to 10% are enacted. • A bill can die at any stage AND MOST DO!!!
How a Bill Becomes a Law The Process: 1. Introduced to House (or Senate) 2. Assigned to committee by Leader or Speaker 3. Assigned to subcommittee-Most bills die in committee (Bill Goes to Rules Committee in House only) 4. Returns to floor with report by committee -Debate of bill 5. Passes or fails on floor 6. On to other body with same schedule 7. If both houses pass bill, they are likely different versions so the 2 bills go to -Conference Committee 8. If the Conference Committee agrees then the new bill goes to both Houses for one final approval -Many bills die here, too! 9. But…if both chamber approve it goes to the President 10. He can -Sign it into law -Let it become law (if Congress is in session) -Veto it -Pocket veto (if Congress is not in session) 11. Congress can override presidential veto with a 2/3 vote of each house
Interest Groups Colleagues PACS How Does Congress Make Decisions on Bills? Constituents Party Staff Caucuses
Important Amendments, Acts and Supreme Court Cases for Test
Know all of these… Supreme Ct. Cases • Dred Scott v Sandford * new case only • Shaw v Reno • Miller v Johnson • Baker v Carr Amendments and Acts • Buckley v Valeo • 16 th Amendment • Gibbons v. Ogden th Amendment • 17 • Marbury v Madison • Tonkin Gulf Resolution • Heart of Atlanta Motel v US • War Powers Act • Congressional Budget and Impoundment Act
Amendment XVI • Gave Congress the power to tax income on a federal level • The Congress shall have power to lay and colle taxes on incomes, from whatever source derived without apportionment among the several state and without regard to any census or enumeratio.
Amendment XVII • Changed the way Senators were selected • In the past, Senators were APPOINTED by the state legislatures • The 17 th Amendment allowed American citizens to vote for their two senators – The Senate of the United States shall be composed of two S from each State, elected by the people thereof, for six years; each Senator shall have one vote. The electors in each State have the qualifications requisite for electors of the most num branch of the State legislatures.
Tonkin Gulf Resolution- 1964 • Congressional resolution passed in 1964 that authorized military action in Southeast Asia. – Officially started Vietnam War/Conflict for US • Congress gave the president powers beyond those found in Article II • The Resolution was replaced by the War Powers Act (Resolution) in 1973
War Powers Act- 1973 • The War Powers Act (Resolution) of 1973 restricted the power of the president – Requires the president to consult with Congress prior to the start of any hostilities as well as regularly until U. S. armed forces are no longer engaged in hostilities – Required president to remove U. S. armed forces from hostilities if Congress has not declared war or passed a resolution authorizing the use of force within 60 days – Following an official request by the President to Congress, the time limit can be extended by an additional 30 days (presumably when "unavoidable military necessity" requires additional action for a safe withdrawal.
Congressional Budget and Impoundment Act- 1974 • Established the congressional budget process we use today • Set up an independent agency to estimate revenue and expenditures and lay out a plan for a federal budget • This includes reconciliation • Denied the president the right to refuse to spend money authorized by Congress
Dred Scott v. Sandford (1856) • Facts of the Case – Dred Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in an area of the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. – After returning to Missouri, Scott sued unsuccessfully in the Missouri courts for his freedom, claiming that his residence in free territory made him a free man. – Scott then brought a new suit in federal court. Scott's master maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution. • Question Presented – Was Dred Scott free or slave?
Conclusion Chief Justice Roger B. Taney – The Court ruled that Dred Scott was a slave and according to the Court no one but a citizen of the United States could be a resident of a state, and that only Congress could confer national citizenship. – The conclusion upheld the idea that no person descended from an American slave had ever been a citizen – The Court then declared that the Missouri Compromise unconstitutional, hoping to end the slavery question once and for all.
Supreme Court Rules for Redistricting and Gerrymandering • Congressional districts must be apportioned on the basis of population • Congressional districts must be compact and contiguous (no broken lines) • Using gerrymandering to dilute minority strength is illegal under the 1965 Voting Rights Act • Redrawing boundaries SOLELY based on race is unconstitutional
Baker v Carr 1961 • Facts of the Case • Charles W. Baker and other Tennessee citizens alleged that a 1901 law designed to apportion the seats for the state's General Assembly was virtually ignored. Baker's suit detailed how Tennessee's reapportionment efforts ignored significant economic growth and population shifts within the state. • Question • Did the Supreme Court have jurisdiction over questions of legislative apportionment?
Baker v Carr 1961 • Conclusion • Yes! Each district should be drawn so that each person is represented equally • Called the “One man, one vote” decision • If districts DON’T follow this rule, the result is called malapportionment
Shaw v. Reno- 1993 • Case concerned reapportionment and civil rights • North Carolina created a congressional district which was, in parts, no wider than the interstate road along which it stretched in order to create a black-majority district – AKA… The creation of a “Majority-minority district” • Five North Carolina residents challenged the constitutionality of this unusually shaped district, alleging that its only purpose was to secure the election of additional black representatives. • Was this gerrymandering case constitutional?
North Carolina District under scrutiny in Shaw v Reno
Ruling and Importance • The Court said NO in this case! • It ruled although North Carolina's reapportionment plan was racially neutral on its face, the resulting district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race. • Districts can not just be based on one factor alone- race – The unusual district, while perhaps created by noble intentions, seemed to exceed what was reasonably necessary to avoid racial imbalances. – Left door open for some instances in future.
Miller v Johnson 1995 • Facts of the Case • Between 1980 and 1990, only one of Georgia's ten congressional districts was majority-black. According to the 1990 decennial census, Georgia's black population of 27% entitled blacks to an additional eleventh congressional seat, prompting Georgia's General Assembly to re-draw the state's congressional districts. – After the Justice Department refused pre-clearance of several of the Assembly's proposed new districts, the Assembly was finally successful in creating an additional majority-black district through the forming of an eleventh district. • This district, however, was called a "geographic monstrosity" because it extended 6, 784. 2 square miles from Atlanta to the Atlantic Ocean. – Gerrymandered district went from Stone Mountain to Savannah!! • Question • Is racial gerrymandering of the congressional redistricting process a violation of the Equal Protection Clause?
Example of Gerrymandering in Georgia 11 th District-1992 -Attempt to Create a “Majority- Minority” District
Miller v Johnson 1995 • Conclusion • Yes. In some instances, a reapportionment plan may be so highly irregular and bizarre in shape that it rationally cannot be understood as anything other than an effort to segregate voters based on race. • GA case that reaffirmed Shaw • Using race only to draw a Congressional district was unconstitutional • Applying the rule laid down in Shaw v. Reno requires strict scrutiny whenever race is the "overriding, predominant force" in the redistricting process.
Read Chapter 6 Study Terms and Case File Carefully!!! http: //www. zimbio. com/pictures/u. AAV 8 sdbm. Ks/House+Repres entatives+Allows+Media+Rare+View/1 s. E 7 De. ZQ_ZQ