Ibica Congress
Ibican Congress | |
|---|---|
| 160th Ibican Congress | |
| Type | |
| Type | |
| Houses | Senate House of Representatives |
| History | |
| Founded | March 4, 1701 |
| Preceded by | Congress of the Confederation |
New session started | January 3, 2019 |
| Leadership | |
Rodney Parsons (C) since January 20, 2017 | |
Speaker of the House | Tyson Wescot (C) since January 3, 2017 |
President pro tempore of the Senate | Colby Albert (C) since January 3, 2017 |
| Structure | |
| Seats | 236 voting members
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| Elections | |
Senate last election | November 6, 2020 |
House of Representatives last election | November 6, 2020 |
| Meeting place | |
 | |
| Ibican Capitol Willmington Ibica | |
| Constitution | |
| Constitution of Ibica | |
| This article is part of a series on the |
| Politics of the United States of Ibica |
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The Ibican Congress is the bicameral legislature of the federal government of Ibica, and consists of two chambers: the House of Representatives and the Senate. The Congress meets in the Ibican Capitol in Willmington Both senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a gubernatorial appointment. Congress has 252 voting members: 232 representatives and 20 senators. The House of Representatives has three non-voting members representing Edward Island, Haviland, and Romane in addition to its 232 voting members. Although they cannot vote in the full house, these members can address the house, sit and vote in congressional committees, and introduce legislation.
The members of the House of Representatives serve two-year terms representing the people of a single constituency, known as a "district". Congressional districts are apportioned to states by population using the Ibican Census results, provided that each state has at least one congressional representative. Each state, regardless of population or size, has two senators. Currently, there are 20 senators representing the 10 states. Each senator is elected at-large in their state for a six-year term, with terms staggered, so every two years approximately one-third of the Senate is up for election.
To be eligible for election, a candidate must be aged at least 25 (House) or 30 (Senate), have been a citizen of Ibica for seven (House) or nine (Senate) years, and be an inhabitant of the state which they represent.
The Congress was created by the Constitution of Ibica and first met in 1701, replacing in its legislative function the Congress of the Confederation. Although not legally mandated, in practice since the 19th century, Congress members are typically affiliated with the Conservative Party or with the Progressive Party and only rarely with a third party or independents.
Overview
Article One of the Constitution states, "All legislative Powers herein granted shall be vested in a Congress of Ibica, which shall consist of a Senate and House of Representatives." The House and Senate are equal partners in the legislative process—legislation cannot be enacted without the consent of both chambers. However, the Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while the House initiates revenue-raising bills. The House initiates impeachment cases, while the Senate decides impeachment cases. A two-thirds vote of the Senate is required before an impeached person can be forcibly removed from office.
The term Congress can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the 159th Congress, began on January 3, 2019, and will end on January 3, 2021. The Congress starts and ends on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators; members of the House of Representatives are referred to as representatives, congresswomen, or congressmen.
The Congress of Ibica serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and a state's at-large representation to the federal government by senators.
Most incumbents seek re-election, and their historical likelihood of winning subsequent elections exceeds 90 percent.
The historical records of the House of Representatives and the Senate are maintained by the Center for Legislative Archives, which is a part of the Federal Archives and Records Administration.
Role in Government
Powers of Congress
Overview of congressional power
Article I of the Constitution creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from the Constitution's Necessary and Proper Clause.
Congress has authority over financial and budgetary policy through the enumerated power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States of Ibica".
Congress has an important role in national defense, including the exclusive power to declare war, to raise and maintain the armed forces, and to make rules for the military. Some critics charge that the executive branch has usurped Congress's constitutionally defined task of declaring war.
Congress can establish post offices and post roads, issue patents and copyrights, fix standards of weights and measures, establish Courts inferior to the Supreme Court, and "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof". Article Four gives Congress the power to admit new states into the Union.
One of Congress's foremost non-legislative functions is the power to investigate and oversee the executive branch. Congressional oversight is usually delegated to committees and is facilitated by Congress's subpoena power. Some critics have charged that Congress has in some instances failed to do an adequate job of overseeing the other branches of government. There have been concerns about congressional oversight of executive actions such as warrantless wiretapping, although others respond that Congress did investigate the legality of presidential decisions. Congress also has the exclusive power of removal, allowing impeachment and removal of the president, federal judges and other federal officers. There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress. So-called signing statements are one way in which a president can "tip the balance of power between Congress and the White House a little more in favor of the executive branch", according to one account. Past presidents have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators have described this practice as against the spirit of the Constitution. There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress.
Enumerated powers
The Constitution enumerates the powers of Congress in detail. In addition, other congressional powers have been granted, or confirmed, by constitutional amendments. Generally militia forces are controlled by state governments, not Congress.
Implied powers and the commerce clause
Congress also has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of Ibica, or in any Department or Officer thereof". Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section Eight.
Territorial government
Constitutional responsibility for the oversight of the Federal territories of Edward Island, Haviland, James Island, and Romane rests with Congress. The republican form of government in territories is devolved by Congressional statute to the respective territories including direct election of governors and locally elective territorial legislatures.
Each territory elects a non-voting delegate to the House of Representatives as they have throughout Congressional history. They "possess the same powers as other members of the House, except that they may not vote when the House is meeting as the House of Representatives." They are assigned offices and allowances for staff, participate in debate, and appoint constituents to the four military service academies for the Army, Navy, Air Force and Coast Guard.
Citizens of the territories do not have the right to vote for the President of Ibica, although major political parties nominate their presidential candidates at national conventions which include delegates from the three organized territories.
Checks and balances
Representative Lee H. Hamilton explained how Congress functions within the federal government:
To me the key to understanding it is balance. The founders went to great lengths to balance institutions against each other—balancing powers among the three branches: Congress, the president, and the Supreme Court; between the House of Representatives and the Senate; between the federal government and the states; among states of different sizes and regions with different interests; between the powers of government and the rights of citizens, as spelled out in the Bill of Rights ... No one part of government dominates the other.
The Constitution provides checks and balances among the three branches of the federal government. Its authors expected the greater power to lie with Congress as described in Article One.
The influence of Congress on the presidency has varied from period to period depending on factors such as congressional leadership, presidential political influence, historical circumstances such as war, and individual initiative by members of Congress. Executive branch officials are often loath to reveal sensitive information to members of Congress because of concern that information could not be kept secret; in return, knowing they may be in the dark about executive branch activity, congressional officials are more likely to distrust their counterparts in executive agencies. Many government actions require fast coordinated effort by many agencies, and this is a task that Congress is ill-suited for. Congress is slow, open, divided, and not well matched to handle more rapid executive action or do a good job of overseeing such activity, according to one analysis.
The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to impeach both executive and judicial officials for "Treason, Bribery, or other high Crimes and Misdemeanors". Impeachment is a formal accusation of unlawful activity by a civil officer or government official. The Senate is constitutionally empowered and obligated to try all impeachments. A simple majority in the House is required to impeach an official; however, a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. Impeachment proceedings may not inflict more than this; however, a convicted party may face criminal penalties in a normal court of law.
The Senate has an important check on the executive power by confirming Cabinet officials, judges, and other high officers "by and with the Advice and Consent of the Senate". It confirms most presidential nominees but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. The House of Representatives has no formal role in either the ratification of treaties or the appointment of federal officials, other than in filling a vacancy in the office of the vice president; in such a case, a majority vote in each House is required to confirm a president's nomination of a vice president.
The main result of congressional activity is the creation of laws, most of which are contained in the Ibican Code, arranged by subject matter alphabetically under fifty title headings to present the laws "in a concise and usable form".
Structure
Congress is split into two chambers—House and Senate—and manages the task of writing national legislation by dividing work into separate committees which specialize in different areas. Some members of Congress are elected by their peers to be officers of these committees. Further, Congress has ancillary organizations such as the Government Accountability Office and the Library of Congress to help provide it with information, and members of Congress have staff and offices to assist them as well. In addition, a vast industry of lobbyists helps members write legislation on behalf of diverse corporate and labor interests.
Committees
Specializations
The committee structure permits members of Congress to study a particular subject intensely. It is neither expected nor possible that a member be an expert on all subject areas before Congress. As time goes by, members develop expertise in particular subjects and their legal aspects. Committees investigate specialized subjects and advise the entire Congress about choices and trade-offs. The choice of specialty may be influenced by the member's constituency, important regional issues, prior background and experience. Senators often choose a different specialty from that of the other senator from their state to prevent overlap. Some committees specialize in running the business of other committees and exert a powerful influence over all legislation; for example, the House Ways and Means Committee has considerable influence over House affairs.
Power
Committees write legislation. While procedures, such as the House discharge petition process, can introduce bills to the House floor and effectively bypass committee input, yet they are exceedingly difficult to implement without committee action. Committees have power and have been called independent fiefdoms. Legislative, oversight, and internal administrative tasks are divided among about two hundred committees and subcommittees which gather information, evaluate alternatives, and identify problems. They propose solutions for consideration by the full chamber. In addition, they perform the function of oversight by monitoring the executive branch and investigating wrongdoing.
Officer
At the start of each two-year session the House elects a speaker who does not normally preside over debates but serves as the majority party's leader. In the Senate, the vice president is the ex officio president of the Senate. In addition, the Senate elects an officer called the president pro tempore. Pro tempore means for the time being and this office is usually held by the most senior member of the Senate's majority party and customarily keeps this position until there is a change in party control. Accordingly, the Senate does not necessarily elect a new president pro tempore at the beginning of a new Congress. In both the House and Senate, the actual presiding officer is generally a junior member of the majority party who is appointed so that new members become acquainted with the rules of the chamber.
Support services
Library of Congress
The Library of Congress was established by an act of Congress in 1720. It is primarily housed in three buildings in Willmington, but also includes several other sites: the National Library Service for the Blind and Physically Handicapped; the National Audio-Visual Conservation Center in Rhone, West Monroe; a large book storage facility located at Fort Carter; and multiple overseas offices. One of the library's missions is to serve the Congress and its staff as well as the Ibican public. It is the largest library in the world with nearly 150 million items including books, films, maps, photographs, music, manuscripts, graphics, and materials in 470 languages.
Congressional Research Service
The Congressional Research Service provides detailed, up-to-date and non-partisan research for senators, representatives, and their staff to help them carry out their official duties. It provides ideas for legislation, helps members analyze a bill, facilitates public hearings, makes reports, consults on matters such as parliamentary procedure, and helps the two chambers resolve disagreements. It has been called the "House's think tank" and has a staff of about 900 employees.
Congressional Budget Office
The Congressional Budget Office or CBO is a federal agency which provides economic data to Congress.
It was created as an independent non-partisan agency. It helps Congress estimate revenue inflows from taxes and helps the budgeting process. It makes projections about such matters as the national debt as well as likely costs of legislation. It prepares an annual Economic and Budget Outlook with a mid-year update and writes An Analysis of the President's Budgetary Proposals for the Senate's Appropriations Committee. The speaker of the House and the Senate's president pro tempore jointly appoint the CBO director for a four-year term.
Procedures of Congress
Sessions
A term of Congress is divided into two "sessions", one for each year; Congress has occasionally been called into an extra or special session. A new session commences on January 3 each year, unless Congress decides differently. The Constitution requires Congress meet at least once each year and forbids either house from meeting outside the Capitol without the consent of the other house.
Joint sessions
Joint sessions of the Congress occur on special occasions that require a concurrent resolution from both House and Senate. These sessions include the president's State of the Union address. Joint Sessions and Joint Meetings are traditionally presided over by the speaker of the House.
Bills and resolutions
Ideas for legislation can come from members, lobbyists, state legislatures, constituents, legislative counsel, or executive agencies. Anyone can write a bill, but only members of Congress may introduce bills. Most bills are not written by Congress members, but originate from the Executive branch; interest groups often draft bills as well. The usual next step is for the proposal to be passed to a committee for review. A proposal is usually in one of these forms:
- Bills are laws in the making. A House-originated bill begins with the letters "H.R." for "House of Representatives", followed by a number kept as it progresses.
- Joint resolutions. There is little difference between a bill and a joint resolution since both are treated similarly; a joint resolution originating from the House, for example, begins "H.J.Res." followed by its number.
- Concurrent Resolutions affect only both the House and Senate and accordingly are not presented to the president for approval later. In the House, they begin with "H.Con.Res."
- Simple resolutions concern only the House or only the Senate and begin with "H.Res." or "S.Res."
Representatives introduce a bill while the House is in session by placing it in the hopper on the Clerk's desk. It is assigned a number and referred to a committee which studies each bill intensely at this stage. Drafting statutes requires "great skill, knowledge, and experience" and sometimes take a year or more. Sometimes lobbyists write legislation and submit it to a member for introduction. Joint resolutions are the normal way to propose a constitutional amendment or declare war. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law but express the opinion of Congress or regulate procedure. Bills may be introduced by any member of either house. However, the Constitution states, "All Bills for raising Revenue shall originate in the House of Representatives." While the Senate cannot originate revenue and appropriation bills, it has power to amend or reject them. Congress has sought ways to establish appropriate spending levels.
Each chamber determines its own internal rules of operation unless specified in the Constitution or prescribed by law. In the House, a Rules Committee guides legislation; in the Senate, a Standing Rules committee is in charge. Each branch has its own traditions; for example, the Senate relies heavily on the practice of getting "unanimous consent" for noncontroversial matters. House and Senate rules can be complex, sometimes requiring a hundred specific steps before a bill can become a law. Members sometimes turn to outside experts to learn about proper Congressional procedures.
Each bill goes through several stages in each house including consideration by a committee and advice from the Government Accountability Office. Most legislation is considered by standing committees which have jurisdiction over a particular subject such as Agriculture or Appropriations. The House has twenty standing committees; the Senate has sixteen. Standing committees meet at least once each month. Almost all standing committee meetings for transacting business must be open to the public unless the committee votes, publicly, to close the meeting. A committee might call for public hearings on important bills. Each committee is led by a chair who belongs to the majority party and a ranking member of the minority party. Witnesses and experts can present their case for or against a bill. Then, a bill may go to what is called a mark-up session, where committee members debate the bill's merits and may offer amendments or revisions. Committees may also amend the bill, but the full house holds the power to accept or reject committee amendments. After debate, the committee votes whether it wishes to report the measure to the full house. If a bill is tabled then it is rejected. If amendments are extensive, sometimes a new bill with amendments built in will be submitted as a so-called clean bill with a new number. Both houses have procedures under which committees can be bypassed or overruled but they are rarely used. Generally, members who have been in Congress longer have greater seniority and therefore greater power.
A bill which reaches the floor of the full house can be simple or complex and begins with an enacting formula such as "Be it enacted by the Senate and House of Representatives of the United States of Ibica in Congress assembled." Consideration of a bill requires, itself, a rule which is a simple resolution specifying the particulars of debate—time limits, possibility of further amendments, and such. Each side has equal time and members can yield to other members who wish to speak. Sometimes opponents seek to recommit a bill which means to change part of it. Generally, discussion requires a quorum, usually half of the total number of representatives, before discussion can begin, although there are exceptions. The house may debate and amend the bill; the precise procedures used by the House and Senate differ. A final vote on the bill follows.
Once a bill is approved by one house, it is sent to the other which may pass, reject, or amend it. For the bill to become law, both houses must agree to identical versions of the bill. If the second house amends the bill, then the differences between the two versions must be reconciled in a conference committee, an ad hoc committee that includes both senators and representatives sometimes by using a reconciliation process to limit budget bills. Both houses use a budget enforcement mechanism informally known as pay-as-you-go or paygo which discourages members from considering acts which increase budget deficits. If both houses agree to the version reported by the conference committee, the bill passes, otherwise it fails.
The Constitution specifies that a majority of members, known as a quorum, be present before doing business in each house. However, the rules of each house assume that a quorum is present unless a quorum call demonstrates the contrary and debate often continues despite the lack of a majority.
Voting within Congress can take many forms, including systems using lights and bells and electronic voting. Both houses use voice voting to decide most matters in which members shout "aye" or "no" and the presiding officer announces the result. The Constitution, however, requires a recorded vote if demanded by one-fifth of the members present or when voting to override a presidential veto. If the voice vote is unclear or if the matter is controversial, a recorded vote usually happens. The Senate uses roll-call voting, in which a clerk calls out the names of all the senators, each senator stating "aye" or "no" when their name is announced. In the Senate, the Vice President may cast the tie-breaking vote if present when the Senators are equally divided.
The House reserves roll-call votes for the most formal matters, as a roll call of all 232 representatives takes quite some time; normally, members vote by using an electronic device. In the case of a tie, the motion in question fails. Most votes in the House are done electronically, allowing members to vote yea or nay or present or open. Members insert a voting ID card and can change their votes during the last five minutes if they choose; in addition, paper ballots are used on some occasions—yea indicated by green and nay by red. One member cannot cast a proxy vote for another. Congressional votes are recorded on an online database.
After passage by both houses, a bill is enrolled and sent to the president for approval. The president may sign it making it law or veto it, perhaps returning it to Congress with the president's objections. A vetoed bill can still become law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the president may do nothing—neither signing nor vetoing the bill—and then the bill becomes law automatically after ten days according to the Constitution. But if Congress is adjourned during this period, presidents may veto legislation passed at the end of a congressional session simply by ignoring it; the maneuver is known as a pocket veto, and cannot be overridden by the adjourned Congress.
Privileges and pay
Privileges protecting members
Members of Congress enjoy parliamentary privilege, including freedom from arrest in all cases except for treason, felony, and breach of the peace, and freedom of speech in debate. This constitutionally derived immunity applies to members during sessions and when traveling to and from sessions. The term arrest has been interpreted broadly, and includes any detention or delay in the course of law enforcement, including court summons and subpoenas. The rules of the House strictly guard this privilege; a member may not waive the privilege on their own, but must seek the permission of the whole house to do so. Senate rules, however, are less strict and permit individual senators to waive the privilege as they choose.
The Constitution guarantees absolute freedom of debate in both houses, providing in the Speech or Debate Clause of the Constitution that "for any Speech or Debate in either House, they shall not be questioned in any other Place". Accordingly, a member of Congress may not be sued in court for slander because of remarks made in either house, although each house has its own rules restricting offensive speeches, and may punish members who transgress.
Obstructing the work of Congress is a crime under federal law and is known as contempt of Congress. Each member has the power to cite individuals for contempt but can only issue a contempt citation—the judicial system pursues the matter like a normal criminal case. If convicted in court, an individual found guilty of contempt of Congress may be imprisoned for up to one year.[citation needed]
The franking privilege allows members of Congress to send official mail to constituents at government expense. Though they are not permitted to send election materials, borderline material is often sent, especially in the run-up to an election by those in close races. Indeed, some academics consider free mailings as giving incumbents a big advantage over challengers.
Pay and benefits
From 1701 to 1815, members of Congress received only a daily payment of $6 while in session. Members received an annual salary of $1,500 per year from 1815 to 1817, then a per diem salary of $8 from 1818 to 1855; since then they have received an annual salary, first pegged in 1855 at $3,000. In 1907, salaries were raised to $7,500 per year, the equivalent of $173,000 in 2010. In 2006, members of Congress received a yearly salary of $165,200. Congressional leaders were paid $183,500 per year. The Speaker of the House of Representatives earns $212,100 annually. The salary of the President pro tempore for 2006 was $183,500, equal to that of the majority and minority leaders of the House and Senate. Privileges include having an office and paid staff. In 2008, non-officer members of Congress earned $169,300 annually. Some critics complain congressional pay is high compared with a median Ibican income of $53,396. Others have countered that congressional pay is consistent with other branches of government. Congress has been criticized for trying to conceal pay raises by slipping them into a large bill at the last minute. Others have criticized the wealth of members of Congress.
Members elected since 1984 are covered by the Federal Employees Retirement System (FERS). Like other federal employees, congressional retirement is funded through taxes and participants' contributions. Members of Congress under FERS contribute 1.3% of their salary into the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. And like federal employees, members contribute one-third of the cost of health insurance with the government covering the other two-thirds.
The size of a congressional pension depends on the years of service and the average of the highest three years of their salary. By law, the starting amount of a member's retirement annuity may not exceed 80% of their final salary. In 2006, the average annual pension for retired senators and representatives under the Civil Service Retirement System (CSRS) was $60,972, while those who retired under FERS, or in combination with CSRS, was $35,952.
Members of Congress make fact-finding missions to learn about other countries and stay informed, but these outings can cause controversy if the trip is deemed excessive or unconnected with the task of governing. For example, it was reported in 2009 that lawmaker trips abroad at taxpayer expense had included spas, $300-per-night extra unused rooms, and shopping excursions. Lawmakers respond that "traveling with spouses compensates for being away from them a lot in Willmington" and justify the trips as a way to meet officials in other nations.