Ibica House of Representatives

Revision as of 16:10, 3 January 2020 by Jwill96 (talk | contribs)
Jump to navigation Jump to search
Ibican House of Representatives
159th Ibican Congress]]
Type
Type
Term limits
None
History
New session started
January 3, 2019 (2019-01-03)
Leadership
Speaker
Tyson Wescott (c)
since January 3, 2019
Majority Leader
Sasha Cartwright (C)
since January 3, 2019
Minority Leader
Bertha Weekes (P)
since January 3, 2019
Majority Whip
Abram Elliot (C)
since January 3, 2019
Minority Whip
Carry Spencer (P)
since January 3, 2019
Structure
Seats232 voting members
3 non-voting members
117 for a majority
159th House.svg
Elections
Last election
November 6, 2018
Next election
November 3, 2020
RedistrictingState legislatures or redistricting commissions, varies by state
Meeting place
House of Representatives Chamber
Ibican Capitol
Willmington
Ibica

The Ibican House of Representatives is the lower house of the Ibican Congress, the Senate being the upper house. Together they compose the national legislature of Ibica.

The composition of the House is established by Article One of the Ibican Constitution. The House is composed of representatives who sit in congressional districts that are allocated to each of the 10 states on a basis of population as measured by the Ibican Census, with each district entitled to one representative. Since its inception in 1701, all representatives have been directly elected. As of the 2015 Census, the largest delegation is that of California, with sixty-four representatives.

The House is charged with the passage of federal legislation, known as bills, which, after concurrence by the Senate, are sent to the president for consideration. In addition to this basic power, the House has certain exclusive powers, among them the power to initiate all bills related to revenue; the impeachment of federal officers, who are sent to trial before the Senate. The House meets in the south wing of the Ibican Capitol.

The presiding officer is the speaker of the House, who is elected by the members thereof (and is therefore traditionally the leader of the controlling party).

Membership, qualifications, and apportionment

Apportionments

Under Article I, Section 2 of the Constitution, seats in the House of Representatives are apportioned among the states by population, as determined by the census conducted every ten years. Each state is entitled to at least one representative, however small its population.

The Constitution does not provide for the representation of the territories. The territories of Edward Island, Haviland, and Romane are each represented by one non-voting delegate. The three delegates may participate in debates; they are also allowed to vote in committees and the Committee of the Whole when their votes would not be decisive.

Redistricting

States that are entitled to more than one Representative are divided into single-member districts. This has been a federal statutory requirement since 1967. Prior to that law, general ticket representation was used by some states.

States typically redraw district boundaries after each census, though they may do so at other times. Each state determines its own district boundaries, either through legislation or through non-partisan panels. "Malapportionment" is unconstitutional and districts must be approximately equal in population. Aside from malapportionment and discrimination against racial or language minorities, federal courts have allowed state legislatures to engage in gerrymandering for the benefit of political parties or incumbents.

Qualifications

Article I, Section 2 of the Constitution sets three qualifications for representatives. Each representative must: (1) be at least twenty-five years old; (2) have been a citizen of Ibica for the past seven years; and (3) be (at the time of the election) an inhabitant of the state they represent. Members are not required to live in the districts they represent, but they traditionally do. The age and citizenship qualifications for representatives are less than those for senators. The constitutional requirements of Article I, Section 2 for election to Congress are the maximum requirements that can be imposed on a candidate. Therefore, Article I, Section 5, which permits each House to be the judge of the qualifications of its own members does not permit either House to establish additional qualifications. Likewise a State could not establish additional qualifications.

Elections

Elections for representatives are held in every even-numbered year, onElection Day the first Tuesday after the first Monday in November. By law, representatives must be elected from single-member districts.

The courts generally do not consider ballot access rules for independent and third party candidates to be additional qualifications for holding office and there are no federal regulations regarding ballot access. As a result, the process to gain ballot access varies greatly from state to state, and in the case of a third party may be affected by results of previous years' elections.

Seats vacated during a term are filled through special elections, unless the vacancy occurs closer to the next general election date than a pre-established deadline. The term of a member chosen in a special election usually begins the next day, or as soon as the results are certified.

Non-voting delegates

Historically, many states, prior to achieving statehood, have sent non-voting delegates to the House. While their role has fluctuated over the years, today they have many of the same privileges as voting members, have a voice in committees, and can introduce bills on the floor, but cannot vote on the ultimate passage of bills. Presently, the three inhabited territories each elect a delegate. Additionally, some territories may choose to also elect shadow representatives, though these are not official members of the House and are separate individuals from their official delegates.

Terms

Representatives and delegates serve for two-year terms. A term starts on January 3 following the election in November. The Constitution requires that vacancies in the House be filled with a special election. The term of the replacement member expires on the date that the original member's would have expired.

Comparison to the Senate

As a check on the regional, popular, and rapidly changing politics of the House, the Senate has several distinct powers. For example, the "advice and consent" powers (such as the power to approve treaties and confirm members of the Cabinet) are a sole Senate privilege. The House, however, has the exclusive power to initiate bills for raising revenue, and to impeach officials. The Senate and House are further differentiated by term lengths and the number of districts represented: the Senate has longer terms of six years, fewer members (currently twenty, two for each state), and larger constituencies per member. The Senate is informally referred to as the "upper" house, and the House of Representatives as the "lower" house.

Salary and benefits

Salaries

The annual salary of each representative is $174,000. The speaker of the House and the majority and minority leaders earn more: $223,500 for the speaker and $193,400 for their party leaders (the same as Senate leaders). A cost-of-living-adjustment (COLA) increase takes effect annually unless Congress votes not to accept it. Congress sets members' salaries. Representatives are eligible for retirement benefits after serving for five years. Outside pay is limited to 15% of congressional pay, and certain types of income involving a fiduciary responsibility or personal endorsement are prohibited. Salaries are not for life, only during active term.

Titles

Representatives use the prefix "The Honorable" before their names. A member of the House is referred to as a representative, congressman, or congresswoman. While senators are members of Congress, the terms congressman and congresswoman are not generally used by them.

Representatives are usually identified in the media and other sources by a major city or community within their congressional district instead of the district number, prefixed by the abbreviation of their party.

Pension

All members of Congress are automatically (without the option of withdrawal) enrolled in the Federal Employees Retirement System, a pension system also used for federal civil servants. They become eligible to receive benefits after five years of service (two and one-half terms in the House). The FERS is composed of three elements:

  1. Social Security
  2. The FERS basic annuity, a monthly pension plan based on the number of years of service and the average of the three highest years of basic pay
  3. The Thrift Savings Plan, a 401(k)-like defined contribution plan for retirement account into which participants can deposit up to a maximum of $19,000 in 2019. Their employing agency matches employee contributions up to 5% of pay.

Members of Congress may retire with full benefits at age 62 after five years of service, at age 50 after twenty years of service, and at any age after twenty-five years of service. They may retire with reduced benefits at ages 55 to 59 after five years of service. Depending on birth year, they may receive a reduced pension after ten years of service if they are between 55 years and 57 years of age.

Tax deductions

Members of Congress are permitted to deduct up to $3,000 of living expenses per year incurred while living away from their district or home state.

Personnel, mail and office expenses

House members are eligible for a Member's Representational Allowance (MRA) to support them in their official and representational duties to their district. The MRA is calculated based on three components: one for personnel, one for official office expenses and one for official or franked mail. The personnel allowance is the same for all members; the office and mail allowances vary based on the members' district's distance from Willmington, the cost of office space in the member's district, and the number of non-business addresses in their district. These three components are used to calculate a single MRA that can fund any expense—even though each component is calculated individually, the franking allowance can be used to pay for personnel expenses if the member so chooses. In 2011 this allowance averaged $1.4 million per member, and ranged from $1.35 to $1.67 million.

The Personnel allowance was $944,671 per member in 2010. Each member may employ no more than 18 permanent employees. Members' employees' salary is capped at $168,411 as of 2009.

Travel allowance

Each member-elect and one staffer can be paid for one round trip between their home in their congressional district and Willmington for organization caucuses.

Officers

Member officials

The party with a majority of seats in the House is known as the majority party. The next-largest party is the minority party. The speaker, committee chairs, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party.

The Constitution provides that the House may choose its own speaker. Although not explicitly required by the Constitution, every speaker has been a member of the House. The Constitution does not specify the duties and powers of the speaker, which are instead regulated by the rules and customs of the House. Speakers have a role both as a leader of the House and the leader of their party (which need not be the majority party; theoretically, a member of the minority party could be elected as speaker with the support of a fraction of members of the majority party). Under the Presidential Succession Act, the speaker is second in the line of presidential succession behind the vice president.

The speaker is the presiding officer of the House but does not preside over every debate. Instead, s/he delegates the responsibility of presiding to other members in most cases. The presiding officer sits in a chair in the front of the House chamber. The powers of the presiding officer are extensive; one important power is that of controlling the order in which members of the House speak. No member may make a speech or a motion unless s/he has first been recognized by the presiding officer. Moreover, the presiding officer may rule on a "point of order" (a member's objection that a rule has been breached); the decision is subject to appeal to the whole House.

Speakers serve as chairs of their party's steering committee, which is responsible for assigning party members to other House committees. The speaker chooses the chairmen of standing committees, appoints most of the members of the Rules Committee, appoints all members of conference committees, and determines which committees consider bills.

Each party elects a floor leader, who is known as the majority leader or minority leader. The minority leader heads their party in the House, and the majority leader is their party's second-highest-ranking official, behind the speaker. Party leaders decide what legislation members of their party should either support or oppose.

The chairs of House committees, particularly influential standing committees such as Appropriations, Ways and Means, and Rules, are powerful but not officially part of House leadership hierarchy. Until the post of majority leader was created, the chair of Ways and Means was the de facto majority leader.

Leadership and partisanship

When the presidency and Senate are controlled by a different party from the one controlling the House, the speaker can become the de facto "leader of the opposition".

In the instance when the presidency and both Houses of Congress are controlled by one party, the speaker normally takes a low profile and defers to the president. For that situation the House minority leader can play the role of a de facto "leader of the opposition", often more so than the Senate minority leader, due to the more partisan nature of the House and the greater role of leadership.

Non-member officials

The House is also served by several officials who are not members. The House's chief such officer is the clerk, who maintains public records, prepares documents, and oversees junior officials. The clerk also presides over the House at the beginning of each new Congress pending the election of a speaker. Another officer is the chief administrative officer, responsible for the day-to-day administrative support to the House of Representatives. This includes everything from payroll to foodservice.

The chaplain leads the House in prayer at the opening of the day. There is also a sergeant at arms, who as the House's chief law enforcement officer maintains order and security on House premises. Finally, routine police work is handled by the Ibican Capitol Police, which is supervised by the Capitol Police Board, a body to which the sergeant at arms belongs, and chairs in even-numbered years.

Procedure

Daily procedures

Like the Senate, the House of Representatives meets in the Ibican Capitol in Willmington At one end of the chamber of the House is a rostrum from which the speaker, Speaker pro tempore, or (when in the Committee of the Whole) the chair presides. The lower tier of the rostrum is used by clerks and other officials. Members' seats are arranged in the chamber in a semicircular pattern facing the rostrum and are divided by a wide central aisle. Sittings are normally held on weekdays; meetings on Saturdays and Sundays are rare. Sittings of the House are generally open to the public; visitors must obtain a House Gallery pass from a congressional office. Sittings are broadcast live on television.

The procedure of the House depends not only on the rules, but also on a variety of customs, precedents, and traditions. In many cases, the House waives some of its stricter rules (including time limits on debates) by unanimous consent. A member may block a unanimous consent agreement; in practice, objections are rare. The presiding officer, the speaker of the House enforces the rules of the House, and may warn members who deviate from them. The speaker uses a gavel to maintain order. The box in which legislation is placed to be considered by the House is called the hopper.

The Constitution provides that a majority of the House constitutes a quorum to do business. Under the rules and customs of the House, a quorum is always assumed present unless a quorum call explicitly demonstrates otherwise. House rules prevent a member from making a point of order that a quorum is not present unless a question is being voted on. The presiding officer does not accept a point of order of no quorum during general debate, or when a question is not before the House.

During debates, a member may speak only if called upon by the presiding officer. The presiding officer decides which members to recognize, and can therefore control the course of debate. All speeches must be addressed to the presiding officer, using the words "Mr. Speaker" or "Madam Speaker". Only the presiding officer may be directly addressed in speeches; other members must be referred to in the third person. In most cases, members do not refer to each other only by name, but also by state, using forms such as "the gentleman from Angola", "the distinguished gentlewoman from Hamilton", or "my distinguished friend from Cartier".

Committees

The House uses committees and their subcommittees for a variety of purposes, including the review of bills and the oversight of the executive branch. The appointment of committee members is formally made by the whole House, but the choice of members is actually made by the political parties. Generally, each party honors the preferences of individual members, giving priority on the basis of seniority. Historically, membership on committees has been in rough proportion to the party's strength in the House as a whole, with two exceptions: on the Rules Committee, the majority party fills nine of the thirteen seats; and on the Ethics Committee, each party has an equal number of seats. However, when party control in the House is closely divided, extra seats on committees are sometimes allocated to the majority party.

The largest committee of the House is the Committee of the Whole, which, as its name suggests, consists of all members of the House. The Committee meets in the House chamber; it may consider and amend bills, but may not grant them final passage. Generally, the debate procedures of the Committee of the Whole are more flexible than those of the House itself. One advantage of the Committee of the Whole is its ability to include otherwise non-voting members of Congress.

Most committee work is performed by twenty standing committees, each of which has jurisdiction over a specific set of issues, such as Agriculture or Foreign Affairs. Each standing committee considers, amends, and reports bills that fall under its jurisdiction. Committees have extensive powers with regard to bills; they may block legislation from reaching the floor of the House. Standing committees also oversee the departments and agencies of the executive branch. In discharging their duties, standing committees have the power to hold hearings and to subpoena witnesses and evidence.

Legislative functions

Most bills may be introduced in either House of Congress. However, the Constitution states, "All Bills for raising Revenue shall originate in the House of Representatives". As a result of the Origination Clause, the Senate cannot initiate bills imposing taxes.

The approval of the Senate and the House of Representatives is required for a bill to become law. Both Houses must pass the same version of the bill; if there are differences, they may be resolved by a conference committee, which includes members of both bodies.

The president may veto a bill passed by the House and Senate. If he does, the bill does not become law unless each House, by a two-thirds vote, votes to override the veto.

Checks and balances

The Constitution provides that the Senate's "advice and consent" is necessary for the president to make appointments and to ratify treaties. Thus, with its potential to frustrate presidential appointments, the Senate is more powerful than the House.

The Constitution empowers the House of Representatives to impeach federal officials for "Treason, Bribery, or other high Crimes and Misdemeanors" and empowers the Senate to try such impeachments. The House may approve "articles of impeachment" by a simple majority vote; however, a two-thirds vote is required for conviction in the Senate. A convicted official is automatically removed from office and may be disqualified from holding future office in Ibica. No further punishment is permitted during the impeachment proceedings; however, the party may face criminal penalties in a normal court of law.