Sources and Overview

This review combines information from the textbooks, We the People and Governing Texas, and from course lectures to provide an overview of the structure, functions, and powers of both the U.S. Congress and the Texas State Legislature. It explores the core principles that define a government, as well as the safeguards against abuse of power embedded within the US Constitutional system and these legislative bodies. The document covers representation, the lawmaking process, leadership, and the interplay of these bodies with other branches of government.

Definition of “The State”:

The lecture material defines the state as “The organized, coercive use of violent force commonly accepted as legitimate.” This highlights the unique power of government to use force to enforce laws, distinguishing it from other organizations. This force must be perceived as legitimate to maintain social order.

“Government is the only institution that can send the police to arrest you and throw you in prison”

Politics Defined:

• Politics is described as “the process of making collective decisions in the context of… the state or government.” It’s distinguished from the “voluntary sphere” of other organizations by its reliance on coercion. The “coercive sphere” is unique to governments.

• To be clear, this does not mean that politics itself is violent. Rather, it refers to the potential for the use of force to enforce laws and decisions.

“Only government out of all these organizations has Coercive use of violent force.”

Politics is Everywhere

• Politics is not distant but rather “immediate, right here,” impacting our lives constantly and involving all of us. It has the “immense power to achieve good ends… [and] to do incredible harm.”

“Politics touches everything … direct impacts are constant … involves all of us”

Importance of Understanding Government:

The course material emphasizes the importance of understanding government and the constitution so it cannot be abused.

“If we just pretend to follow it [the Constitution], it has no real power to limit oppression - political violence”

Separation of Powers:

• The U.S. Constitution establishes three distinct branches of government: legislative (Congress), executive (President), and judicial (Courts), each with different functions, to prevent the concentration of power.
  
• Congress is further divided into chambers or houses (Senate and House of Representatives). This is called a bicameral or two-chamber legislature.

Checks and Balances:

Each branch is given specific powers to check the actions of the others. For example, Congress can impeach the President, the President can veto bills, and the Courts have judicial review.

“The Constitution was devised with an ingenious and intricate built-in system of checks and balances to guard the people’s liberty against combinations of government power.”

Federalism:

• Power is also divided between the federal and state governments.
  
• After 1776, the states were almost entirely independent.
• In the Constitution the states gave up their power over interstate (between the states) and foreign affairs to the federal government.
• The federal government was also given the power to tax, spend, and borrow.
• The states retained almost all of their other existing powers (including their own power to tax) within the state.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Bill of Rights:

The first 10 amendments limit government power and protect individual rights.

Bicameral Structure:

• Congress is composed of two chambers: the House of Representatives and the Senate.

    - House of Representatives: Based on population, with 435 members serving two-year terms. Seen as closer to the people and more responsive to public opinion.  
  
    - Senate: Two senators from each state, serving six-year terms. Designed to be more insulated from public opinion and to represent the interests of the states.  

Constitutional Powers:Enumerated Powers:

• Article I, Section 8 of the Constitution outlines specific powers, including the power of the purse (tax, spend, borrow), regulating commerce, intellectual property, naturalization, and the power to declare war.

Implied Powers:

• Derived from the Necessary and Proper Clause, allowing Congress to make laws to carry out its enumerated powers (e.g., establishing a national bank).

Lawmaking Process:

• A bill becomes law through a process involving introduction, committee action, floor action in both houses, and a conference committee to resolve differences, followed by presidential approval.
  
• The President may veto a bill in which case 2/3 of each house separately is required to override the veto and pass the bill into law.

Key Congressional Components:Committees:

• Standing, select, and joint committees play crucial roles in drafting legislation, conducting oversight, and holding hearings.

“Committees allow members of Congress to specialize in specific policy areas, developing in-depth knowledge.”

Leadership:

• The Speaker of the House, majority and minority leaders, and whips guide the legislative process within each chamber.

Relationship with Other Branches:

• Congress checks the executive and judicial branches through oversight, impeachment, confirmation of appointments, power of the purse, and the power to set court jurisdictions.

Bicameral Structure:

• Similar to the U.S. Congress, the Texas Legislature is also bicameral, with a House of Representatives and a Senate. This enables the passage of bills by two separate deliberative bodies representing different populations.

Sessions

• Regular Sessions: 140-day periods occur biennially (every other year) in odd-numbered years.
  
• Special Sessions: Called by the Governor to address unfinished business and are limited to 30 days each.

Representation:

• 150 House members
• 31 Senate members
• each representing single-member districts
• Legislators provide constituent services.

Redistricting: Electoral districts are redrawn every 10 years to ensure equal population representation.

• Legislative Redistricting Board (LRB): Completes redistricting if the legislature fails to do so.
  
• Gerrymandering: Drawing districts to favor one party or group.

Types of Bills:

• Local Bills: Affect only local government entities.
  
• Special Bills: Provide exemptions from state law.
  
• General Bills: Apply to all people and property in the state.

Powers:

• Legislative Powers: Lawmaking, including the passage of bills and resolutions.
  
• Nonlegislative Powers: Include electoral powers, investigative powers, directive and supervisory powers over the executive, and judicial powers (impeachment).

Lawmaking Process:

A bill proceeds through introduction, referral to committee, committee action, floor action in both chambers, a conference committee, and finally, the governor’s approval or veto.

Filibuster:

• Both Senate chambers in Texas and the US have filibuster rules which allow legislators to delay votes on legislation.
• In Texas a three-fifths vote of the Senate can end the filibuster.
• In the US Senate, the filibuster rules have been altered recently and 60 votes can end a filibuster.

Key Texas Legislature Components:

• Leadership: The Speaker of the House and the Lieutenant Governor (President of the Senate) have significant power over the legislative agenda and committee assignments.
  
• Partisanship: The legislature is becoming increasingly polarized, leading to potential challenges in finding compromise.
  
• Additional Players: The Comptroller of Public Accounts, the media, the courts, lobbyists, and the public also influence the legislative process.

Legislature Terms and Compensation:

• Texas legislators serve two-year terms in the house, and four year terms in the senate.
  
• Texas legislators earn a base salary of $7,200 with a $221 per day stipend, with added pension benefits after eight years of service.
  
• US congresspeople earn a base salary of $174,000 with travel and reimbursement.

VI. Representation in the U.S. Congress and Texas Legislature

• Descriptive Representation: Refers to the degree to which representatives share the same racial, gender, ethnic, religious, or educational backgrounds as their constituents.
  
• Substantive Representation: Occurs when constituents have the power to hire and fire their representatives, creating an incentive for good representation.

Demographic Disparities:

• While there has been progress in minority representation, both the U.S. Congress and the Texas Legislature do not fully mirror the diversity of their populations. - Specifically, white males make up the largest demographic in both legislatures, despite the US being a majority minority nation and Texas as well.

Influence of Incumbency:

• Incumbent: the current occupant of the office
• Incumbents often benefit from resources and personal relationships that secure re-election.

VII. Conclusion

The U.S. Congress and the Texas State Legislature are complex institutions with significant powers to shape laws and public policy. The constitutional design and the structure of these bodies are intended to safeguard against abuse of power. However, these safeguards are not perfect, and require constant vigilance to maintain. These bodies and their representatives are influenced by party affiliations, constituent needs, and personal opinions; and they are critical in the day to day governance of both the US and Texas.

Authorship and License

• Author: Tom Hanna

• Website: tomhanna.me

• License: This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.