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144-653: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. The Framers of

288-440: A contract to a company that is not the best bidder, or allocate more than they deserve. In this case, the company benefits, and in exchange for betraying the public, the official receives a kickback payment, which is a portion of the sum the company received. This sum itself may be all or a portion of the difference between the actual (inflated) payment to the company and the (lower) market-based price that would have been paid had

432-679: A 1984 case, Davis v. Bandemer , the Supreme Court held that gerrymandered districts could be struck down based on the Equal Protection Clause , but the Court did not articulate a standard for when districts are impermissibly gerrymandered. However, the Court overruled Davis in 2004 in Vieth v. Jubelirer , and Court precedent holds gerrymandering to be a political question . According to calculations made by Burt Neuborne using criteria set forth by

576-484: A 70% higher pension than other federal employees based on the first 20 years of service. 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: Members of Congress may retire with full benefits at age 62 after five years of service, at age 50 after 20 years of service, and at any age after 25 years of service. With an average age of 58,

720-559: A FEHBP plan upon retirement. The ACA and the final rule do not affect members' or staffers' eligibility for Medicare benefits. The ACA and the final rule also do not affect members' and staffers' eligibility for other health benefits related to federal employment, so members and staff are eligible to participate in FSAFEDS (which has three options within the program), the Federal Employees Dental and Vision Insurance Program, and

864-664: A U.S. Attorney created a conflict under the clause. Finally, in December 1817, the United States House Committee on Elections determined that there was no conflict, because even though Herrick had been elected to Congress, he had not taken the Congressional oath of office while he was still serving as a U.S. Attorney. Unlike the incompatibility laws of many European countries (and in the European Union institutions),

1008-538: 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. William C. C. Claiborne served in the House below the minimum age of 25. Disqualification: under the Fourteenth Amendment , a federal or state officer who takes

1152-599: A contract, job or exemption from certain tasks in the case of junior worker handing in the gift to a senior employee who can be key in winning the favor. Some forms of corruption – now called " institutional corruption " – are distinguished from bribery and other kinds of obvious personal gain. For example, certain state institutions may consistently act against the interests of the public, such as by misusing public funds for their own interest, or by engaging in illegal or immoral behavior with impunity. Bribery and overt criminal acts by individuals may not necessarily be evident, but

1296-399: A dissociation makes the prosecution of bribery offences easier since it can be very difficult to prove that two parties (the bribe-giver and the bribe-taker) have formally agreed upon a corrupt deal. In addition, there is often no such formal deal but only a mutual understanding, for instance when it is common knowledge in a municipality that to obtain a building permit one has to pay a "fee" to

1440-494: A distinction between this form of corruption and some forms of extreme and loosely regulated lobbying where for instance law- or decision-makers can freely "sell" their vote, decision power or influence to those lobbyists who offer the highest compensation, including where for instance the latter act on behalf of powerful clients such as industrial groups who want to avoid the passing of specific environmental, social, or other regulations perceived as too stringent, etc. Where lobbying

1584-520: A federal statutory requirement since 1967 pursuant to the act titled An Act For the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting . Before 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, such as the 2003 Texas redistricting . Each state determines its own district boundaries, either through legislation or through non-partisan panels. Malapportionment

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1728-537: A four-year term, represents the Commonwealth of Puerto Rico . As of the 2020 census , the largest delegation was California , with 52 representatives. Six states have only one representative apiece : Alaska , Delaware , North Dakota , South Dakota , Vermont , and Wyoming . The House meets in the south wing of the United States Capitol . The rules of the House generally address a two-party system, with

1872-523: A four-year term, the resident commissioner's role is identical to the delegates from the other territories. The five delegates and resident commissioner may participate in debates; before 2011, they were also allowed to vote in committees and the Committee of the Whole when their votes would not be decisive. States entitled to more than one representative are divided into single-member districts . This has been

2016-458: A higher negative impact on firms' activity than taxation. Indeed, a one percentage point increase in bribes reduces firm's annual growth by three percentage points, while an increase in 1 percentage point on taxes reduces firm's growth by one percentage point. Corruption also generates economic distortion in the public sector by diverting public investment into capital projects where bribes and kickbacks are more plentiful. Officials may increase

2160-840: A majority party in government, and a minority party in opposition. The presiding officer is the Speaker of the House , who is elected by the members thereof. Other floor leaders are chosen by the Democratic Caucus or the Republican Conference , depending on whichever party has the most voting members. Under the Articles of Confederation , the Congress of the Confederation was a unicameral body with equal representation for each state, any of which could veto most actions. After eight years of

2304-583: A member requires only a simple majority, and does not remove that member from office. 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, to impeach officials, and to choose

2448-597: A more limited confederal government under the Articles, numerous political leaders such as James Madison and Alexander Hamilton initiated the Constitutional Convention in 1787, which received the Confederation Congress's sanction to "amend the Articles of Confederation". All states except Rhode Island agreed to send delegates. Congress's structure was a contentious issue among the founders during

2592-507: A politician's acceptance of bribes. Gombeenism refers to an individual who is dishonest and corrupt for the purpose of personal gain, often monetary, while parochialism, which is also known as parish pump politics, relates to placing local or vanity projects ahead of the national interest. For instance in Irish politics, populist left wing political parties will often apply these terms to mainstream establishment political parties and will cite

2736-464: A profit. The 20th century is full of many examples of governments undermining the food security of their own nations – sometimes intentionally. The scale of humanitarian aid to the poor and unstable regions of the world grows, but it is highly vulnerable to corruption, with food aid, construction and other highly valued assistance as the most at risk. Food aid can be directly and physically diverted from its intended destination, or indirectly through

2880-524: A result, the process to gain ballot access varies greatly from state to state, and in the case of a third party in the United States may be affected by results of previous years' elections. In 1967, Congress passed the Uniform Congressional District Act , which requires all representatives to be elected from single-member-districts. Following the Wesberry v. Sanders decision, Congress

3024-525: A seat is vacated early enough. The House's composition was established by Article One of the United States Constitution . The House is composed of representatives who, pursuant to the Uniform Congressional District Act , sit in single member congressional districts allocated to each state on the basis of population as measured by the United States census , with each district having at least

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3168-427: A sector leads others in the sector to engage in corruption. It is argued that the following conditions are favorable for corruption: Thomas Jefferson observed a tendency for "The functionaries of every government ... to command at will the liberty and property of their constituents. There is no safe deposit [for liberty and property] ... without information. Where the press is free, and every man able to read, all

3312-438: 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

3456-585: A single representative, provided that that state is entitled to them. Since its inception in 1789, all representatives have been directly elected. Although suffrage was initially limited, it gradually widened, particularly after the ratification of the Nineteenth Amendment and the civil rights movement . Since 1913, the number of voting representatives has been at 435 pursuant to the Apportionment Act of 1911 . The Reapportionment Act of 1929 capped

3600-462: A two-year term, with no term limit. In most states, major party candidates for each district are nominated in partisan primary elections , typically held in spring to late summer. In some states, the Republican and Democratic parties choose their candidates for each district in their political conventions in spring or early summer, which often use unanimous voice votes to reflect either confidence in

3744-722: A voice in committees, and can introduce bills on the floor, but cannot vote on the ultimate passage of bills. Presently, the District of Columbia and the five inhabited U.S. territories each elect a delegate. A seventh delegate, representing the Cherokee Nation , has been formally proposed but has not yet been seated. An eighth delegate, representing the Choctaw Nation is guaranteed by treaty but has not yet been proposed. Additionally, some territories may choose to also elect shadow representatives , though these are not official members of

3888-536: Is (sufficiently) regulated, it becomes possible to provide for a distinctive criteria and to consider that trading in influence involves the use of "improper influence", as in article 12 of the Criminal Law Convention on Corruption (ETS 173) of the Council of Europe . Patronage refers to favoring supporters, for example with government employment. This may be legitimate, as when a newly elected government changes

4032-558: Is a form of illegitimate private gain. This may be combined with bribery , for example demanding that a business should employ a relative of an official controlling regulations affecting the business. The most extreme example is when the entire state is inherited, as in North Korea or Syria . A lesser form might be in the Southern United States with Good ol' boys, where women and minorities are excluded. A milder form of cronyism

4176-478: Is an " old boy network ", in which appointees to official positions are selected only from a closed and exclusive social network – such as the alumni of particular universities – instead of appointing the most competent candidate. Seeking to harm enemies becomes corruption when official powers are illegitimately used as means to this end. For example, trumped-up charges are often brought up against journalists or writers who bring up politically sensitive issues, such as

4320-532: Is based on personal connections than professional achievements. This has led to dramatic increase in the number of professors and exhibits their rapid status loss. Utmost the flawed processes in the academic institutions has led to unbaked graduates who are not well fit to the job market. Corruption hinders the international standards of an education system. Additionally, Plagiarism is a form of corruption in academic research, where it affects originality and disables learning. Individual violations are in close relation to

4464-440: 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 Washington, D.C., 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

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4608-512: Is called white corruption; this level of corruption is mostly viewed with tolerance and may even be lawful and legitimate; typically based on family ties and patron-client systems. The type of corruption often occurring in constitutional states or state transitioning to a more democratic society is called grey corruption is considered reprehensible according to a society's moral norms, but the persons involved are still mostly lacking any sense of doing something wrong. The third category, black corruption

4752-550: Is commonly referred to as the lower house and the Senate the upper house , although the United States Constitution does not use that terminology. Both houses' approval is necessary for the passage of legislation . The Virginia Plan drew the support of delegates from large states such as Virginia , Massachusetts , and Pennsylvania , as it called for representation based on population. The smaller states, however, favored

4896-416: Is estimated to involve over 1 trillion US dollars annually. A state of unrestrained political corruption is known as a kleptocracy , literally meaning "rule by thieves". Trying to influence voters by promising freebies, facilities or favours to a particular section (race, religion, economic level etc) of society is also a kind of political corruption. Perhaps the highest level of corruption occurs when bribe

5040-481: Is government action or inaction that determines its severity, and often even whether or not a famine will occur. Governments with strong tendencies towards kleptocracy can undermine food security even when harvests are good. Officials often steal state property. In Bihar , India , more than 80% of the subsidized food aid to poor is stolen by corrupt officials. Similarly, food aid is often robbed at gunpoint by governments, criminals, and warlords alike, and sold for

5184-557: Is heavily dependent on accountable and transparent systems, proper management of both financial and human resources and timely supply of services to the vulnerable populace of the nation. At the basic level, greed skyrockets corruption. When the structure of the health care system is not adequately addressed beginning from oversight in healthcare delivery and supply of drugs and tendering process, mismanagement and misappropriation of funds will always be observed. Corruption also can undermine health care service delivery which in turn disorients

5328-762: Is in line with the view expressed about the clause by Supreme Court Justice Joseph Story in his Commentaries on the Constitution of the United States . It is not clear if a member of Congress could hold a reserve commission in the armed forces (which fall under the Executive Branch), as the only case, Schlesinger v. Reservists Committee to Stop the War , was never ruled on its merits due to lack of legal standing . This particular issue came before United States Attorney General Harry M. Daugherty when President Warren G. Harding sought to appoint Senator William S. Kenyon to

5472-662: Is no charge for outpatient care if it is provided in the National Capital Region , but members are billed at full reimbursement rates (set by the Department of Defense) for inpatient care. (Outside the National Capital Region, charges are at full reimbursement rates for both inpatient and outpatient care). 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

5616-468: Is no legislation at the federal level mandating one particular system for elections to the House, systems are set at the state level. As of 2022, first-past-the-post or plurality voting is used in 46 states, electing 412 representatives, ranked-choice or instant-runoff voting in two states (Alaska and Maine), electing 3 representatives, and two-round system in two states (Georgia and Louisiana), electing 20 representatives. Elected representatives serve

5760-431: Is not restricted to these activities. Over time, corruption has been defined differently. For example, in a simple context, while performing work for a government or as a representative, it is unethical to accept a gift. Any free gift could be construed as a scheme to lure the recipient towards some biases. In most cases, the gift is seen as an intention to seek certain favors such as work promotion, tipping in order to win

5904-529: Is occasionally abbreviated as either "MOC" or "MC" (similar to MP ). However, the abbreviation "Rep." for Representative is more common, as it avoids confusion as to whether they are a member of the House or the Senate . All members of Congress are automatically enrolled in the Federal Employees Retirement System , a pension system also used for federal civil servants , except the formula for calculating Congress members' pension results in

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6048-515: Is often most evident in countries with the smallest per capita incomes, relying on foreign aid for health services. Local political interception of donated money from overseas is especially prevalent in Sub-Saharan African nations, where it was reported in the 2006 World Bank Report that about half of the funds that were donated for health usages were never invested into the health sectors or given to those needing medical attention. Instead,

6192-400: Is paid by business houses to make state policy skewed towards them. Corruption is a difficult concept to define. A proper definition of corruption requires a multi-dimensional approach. Machiavelli popularized the oldest dimension of corruption as the decline of virtue among political officials and the citizenry. The psychologist Horst-Eberhard Richter's modernized version defines corruption as

6336-545: Is referred to as the "upper" house, and the House of Representatives as the "lower" house. Since December 2014, the annual salary of each representative is $ 174,000, the same as it is for each member of the Senate . 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; however,

6480-544: Is safe." United States House of Representatives Minority (213) Vacant (2) [REDACTED] [REDACTED] The United States House of Representatives is the lower chamber of the United States Congress , with the Senate being the upper chamber . Together, they compose the national bicameral legislature of the United States . The House is charged with the passage of federal legislation , known as bills ; those that are also passed by

6624-402: Is so severe that it violates a society's norms and laws. The final dimension is called "shadow politics;" this is part of the informal political process that goes beyond legitimate informal political agreements to behavior that is purposefully concealed. Political corruption undermines democracy and good governance by flouting or even subverting formal processes. Corruption in elections and in

6768-756: Is that in Africa, corruption has primarily taken the form of rent extraction with the resulting financial capital moved overseas rather than invested at home (hence the stereotypical, but often accurate, image of African dictators having Swiss bank accounts ). In Nigeria , for example, more than $ 400 billion was stolen from the treasury by Nigeria's leaders between 1960 and 1999. University of Massachusetts Amherst researchers estimated that from 1970 to 1996, capital flight from 30 Sub-Saharan countries totaled $ 187bn, exceeding those nations' external debts. (The results, expressed in retarded or suppressed development, have been modeled in theory by economist Mancur Olson .) In

6912-418: Is the quid pro quo. Corruption always is an exchange between two or more persons/parties where the persons/parties possess economic goods, and the other person/parties possess a transferred power to be used, according to fixed rules and norms, toward a common good. Fourth, there are also different levels of societal perception of corruption. Heidenheimer divides corruption into three categories. The first category

7056-504: Is to have one party govern and the other party watch." The leadership structure of the House also developed during approximately the same period, with the positions of majority leader and minority leader being created in 1899. While the minority leader was the head of the minority party, the majority leader remained subordinate to the speaker. The speakership reached its zenith during the term of Republican Joseph Gurney Cannon , from 1903 to 1911. The speaker's powers included chairmanship of

7200-571: Is unconstitutional and districts must be approximately equal in population (see Wesberry v. Sanders ). Additionally, Section 2 of the Voting Rights Act of 1965 prohibits redistricting plans that are intended to, or have the effect of, discriminating against racial or language minority voters. Aside from malapportionment and discrimination against racial or language minorities, federal courts have allowed state legislatures to engage in gerrymandering to benefit political parties or incumbents. In

7344-414: Is unique in that it holds an all-party primary election on the general Election Day with a subsequent runoff election between the top two finishers (regardless of party) if no candidate received a majority in the primary. The states of Washington and California use a similar (though not identical) system to that used by Louisiana. Seats vacated during a term are filled through special elections , unless

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7488-440: The 1787 Constitutional Convention a ban on Members of Congress from "any office established by a particular State, or under the authority of the U. States ... during the term of service, and under the national Government for the space of one year after its expiration." Luther Martin objected to the strictness of Yates' proposal, believing that it would operate to prevent members of Congress from being appointed to offices in either

7632-489: The American Political Science Association , only about 40 seats, less than 10% of the House membership, are chosen through a genuinely contested electoral process, given partisan gerrymandering. Article I, Section 2 of the Constitution sets three qualifications for representatives. Each representative must: (1) be at least twenty-five (25) years old; (2) have been a citizen of the United States for

7776-702: The Federal Employees Health Benefits Program (FEHBP), an employer-sponsored health insurance program, and were eligible to participate in other programs, such as the Federal Flexible Spending Account Program (FSAFEDS). However, Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (ACA) provided that the only health plans that the federal government can make available to members of Congress and certain congressional staff are those created under

7920-623: The New Jersey Plan , which called for a unicameral Congress with equal representation for the states. Eventually, the Convention reached the Connecticut Compromise or Great Compromise, under which one house of Congress (the House of Representatives) would provide representation proportional to each state's population, whereas the other (the Senate) would provide equal representation amongst

8064-612: The Saxbe fix , has been used a number of times since, though its legality is not universally agreed-upon. The Justice Department 's Office of Legal Counsel is often called upon by the president to determine whether an appointment is in violation of the clause. This was necessary when President Bill Clinton appointed Bill Richardson as United States Ambassador to the United Nations and William Cohen as Secretary of Defense , and when George W. Bush appointed Tony P. Hall Ambassador to

8208-560: The Twenty-seventh Amendment to the United States Constitution prohibits a change in salary (but not COLA ) from taking effect until after the next election of the whole House. 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. Representatives use

8352-464: The United Nations ' Food and Agriculture Organization . In none of these cases, however, was the appointee chosen by the president prohibited from taking office. In late 2008, the question was raised whether the clause would apply to the appointment of Senator Hillary Clinton as Secretary of State . Subsequently, Congress reset the pay for the position to its level prior to Clinton's election to

8496-659: The United States Court of Appeals for the Eighth Circuit . During Senator Kenyon's term (which was set to expire on March 4, 1919), Congress increased judicial salaries. Kenyon was then reelected in 1918 for another term, which was to begin immediately upon the expiration of his previous term of office. Harding nominated Kenyon to the court in 1922. When he requested Daugherty's formal opinion on Kenyon's eligibility, Daugherty (relying in part upon Story's Commentaries ) explained that Kenyon would only have been disqualified until

8640-466: The legitimacy of government and democratic values such as political trust . Recent evidence suggests that variation in the levels of corruption amongst high-income democracies can vary significantly depending on the level of accountability of decision-makers. Evidence from fragile states also shows that corruption and bribery can adversely impact trust in institutions. Corruption can also impact government's provision of goods and services. It increases

8784-713: The nomenklatura in the Soviet Union , or the Junkers in Imperial Germany ) that support the regime in return for such favors. A similar problem can also be seen in Eastern Europe, for example in Romania , where the government is often accused of patronage (when a new government comes to power it rapidly changes most of the officials in the public sector). Favoring relatives (nepotism) or personal friends (cronyism) of an official

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8928-676: The president if a presidential candidate fails to get a majority of the Electoral College votes. Both House and Senate confirmation is now required to fill a vacancy if the vice presidency is vacant, according to the provisions of the Twenty-fifth Amendment . 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 one hundred, two for each state), and (in all but seven delegations) larger constituencies per member. The Senate

9072-467: The public interest . An early use of the term was by former US President Theodore "Teddy" Roosevelt : An illustrative example of official involvement in organized crime can be found from the 1920s and 1930s Shanghai , where Huang Jinrong was a police chief in the French concession , while simultaneously being a gang boss and co-operating with Du Yuesheng , the local gang ringleader. The relationship kept

9216-556: The size of the House states: "The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative." Congress regularly increased the size of the House to account for population growth until it fixed the number of voting House members at 435 in 1911. In 1959, upon the admission of Alaska and Hawaii , the number was temporarily increased to 437 (seating one representative from each of those states without changing existing apportionment), and returned to 435 four years later, after

9360-591: The ACA or offered through a health care exchange . The Office of Personnel Management promulgated a final rule to comply with Section 1312(d)(3)(D). Under the rule, effective January 1, 2014, members and designated staff are no longer able to purchase FEHBP plans as active employees. However, if members enroll in a health plan offered through a Small Business Health Options Program (SHOP) exchange, they remain eligible for an employer contribution toward coverage, and members and designated staff eligible for retirement may enroll in

9504-464: The Constitution understood this clause primarily as an anti- corruption device. Painfully familiar with the system of "royal influence", whereby the English kings had "purchased" the loyalty of Members of Parliament with appointment to lucrative offices, particularly as members of Parliament were not paid until 1911, the framers sought to limit the corrupting effect of patronage and plural office holding in

9648-590: The Contract did not pass Congress, were vetoed by President Bill Clinton , or were substantially altered in negotiations with Clinton. However, after Republicans held control in the 1996 election , Clinton and the Gingrich-led House agreed on the first balanced federal budget in decades, along with a substantial tax cut. The Republicans held on to the House until 2006 , when the Democrats won control and Nancy Pelosi

9792-675: The Federal Long Term Care Insurance Program. The Office of the Attending Physician at the U.S. Capitol provides members with health care for an annual fee. The attending physician provides routine exams, consultations, and certain diagnostics, and may write prescriptions (although the office does not dispense them). The office does not provide vision or dental care. Members (but not their dependents, and not former members) may also receive medical and emergency dental care at military treatment facilities. There

9936-457: The House and are separate individuals from their official delegates. Representatives and delegates serve for two-year terms, while a resident commissioner (a kind of delegate) serves for four years. A term starts on January 3 following the election in November. The U.S. Constitution requires that vacancies in the House be filled with a special election. The term of the replacement member expires on

10080-409: The House would have women-only spaces following the election of Sarah McBride . 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 only constitutional rule relating to

10224-843: The Member's services) and without the one-year bar after leaving office (it was not long enough to be of any significant effect). The delegates also limited the bar to "civil" offices so that the military could have the services of all when the country was in danger. While the Ineligibility Clause prohibits persons serving in a federal executive or judicial branch office from simultaneously serving in Congress, it does not (nor does any other constitutional provision) prohibit simultaneous service in executive branch and judicial branch offices. As well as John Jay, Chief Justices Oliver Ellsworth and John Marshall also served dual executive and judicial offices in

10368-557: The Retirement Act for which Black had voted merely guaranteed justices' pensions against reduction. When Black's appointment was challenged in the Supreme Court, the court declined to hear the case, holding in Ex parte Levitt that the petitioner lacked standing . Perhaps the most widely known conflict involving this clause concerned the appointment of Senator William B. Saxbe of Ohio to

10512-488: The Senate are sent to the president for signature or veto . The House's exclusive powers include initiating all revenue bills, impeaching federal officers, and electing the president if no candidate receives a majority of votes in the Electoral College . Members of the House serve a fixed term of two years, with each seat up for election before the start of the next Congress. Special elections also occur when

10656-630: The Senate did not hold the balance of power between North and South during the war. The years of Reconstruction that followed witnessed large majorities for the Republican Party , which many Americans associated with the Union's victory in the Civil War and the ending of slavery. The Reconstruction period ended in about 1877; the ensuing era, known as the Gilded Age , was marked by sharp political divisions in

10800-721: The Senate. There has been very little academic commentary on the clause and virtually no judicial explication of it. The only two lawsuits brought challenging appointments under the clause have been dismissed on grounds of lack of standing. Political corruption Political corruption is the use of powers by government officials or their network contacts for illegitimate private gain. Forms of corruption vary, but can include bribery , lobbying , extortion , cronyism , nepotism , parochialism , patronage , influence peddling , graft , and embezzlement . Corruption may facilitate criminal enterprise such as drug trafficking , money laundering , and human trafficking , though it

10944-514: The US House of Representatives is older than comparable chambers in Russia and the other G7 nations. 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. Before 2014, members of Congress and their staff had access to essentially the same health benefits as federal civil servants; they could voluntarily enroll in

11088-542: The ability of a small number of senior members to obstruct legislation they did not favor. There was also a shift from the 1990s to greater control of the legislative program by the majority party; the power of party leaders (especially the speaker) grew considerably. According to historian Julian E. Zelizer , the majority Democrats minimized the number of staff positions available to the minority Republicans, kept them out of decision-making, and gerrymandered their home districts. Republican Newt Gingrich argued American democracy

11232-401: The allocation of contracts and competition places). Cases exist against (members of) various types of non-profit and non-government organizations, as well as religious organizations. Ultimately, the distinction between public and private sector corruption sometimes appears rather artificial, and national anti-corruption initiatives may need to avoid legal and other loopholes in the coverage of

11376-454: The automotive industry in order to sell low-quality connectors used for instance in safety equipment such as airbags, bribes paid by suppliers to manufacturers of defibrillators (to sell low-quality capacitors), contributions paid by wealthy parents to the "social and culture fund" of a prestigious university in exchange for it to accept their children, bribes paid to obtain diplomas, financial and other advantages granted to unionists by members of

11520-437: The basis and the fabric in which a society is transformed and different facets of well-being are shaped. Corruption in higher education has been prevalent and calls for immediate intervention. Increased corruption in higher education has led to growing global concern among governments, students and educators and other stakeholders. Those offering services in the higher education institutions are facing pressure that highly threatens

11664-792: The bidding been competitive. Another example of a kickback would be if a judge receives a portion of the profits that a business makes in exchange for his judicial decisions. Kickbacks are not limited to government officials; any situation in which people are entrusted to spend funds that do not belong to them are susceptible to this kind of corruption. An unholy alliance is a coalition among seemingly antagonistic groups for ad hoc or hidden gain, generally some influential non-governmental group forming ties with political parties, supplying funding in exchange for favorable treatment. Like patronage, unholy alliances are not necessarily illegal, but unlike patronage, by its deceptive nature and often great financial resources, an unholy alliance can be more dangerous to

11808-500: The case of Africa, one of the factors for this behavior was political instability and the fact that new governments often confiscated previous government's corruptly obtained assets. This encouraged officials to stash their wealth abroad, out of reach of any future expropriation . In contrast, Asian administrations such as Suharto 's New Order often took a cut on business transactions or provided conditions for development, through infrastructure investment, law and order, etc. Corruption

11952-506: The clause does not bar simultaneous service as a federal judge and member of the executive branch. The constitutionality of the practice is suggested not only by the lack of a textual prohibition, but by a few prominent examples of such service in the early days of the Republic, such the simultaneous service of Chief Justices John Marshall , John Jay , and Oliver Ellsworth in judicial and executive posts. Nonetheless, examples of joint service in

12096-637: The clause. This is the view that Attorney General Benjamin H. Brewster took in advising President Chester A. Arthur that former Iowa governor and U.S. Senator Samuel J. Kirkwood was ineligible for appointment to the U.S. Tariff Commission , even though Kirkwood had already resigned his Senate seat to become Secretary of the Interior . Brewster reasoned that because the Tariff Commission had been created in 1882, and Kirkwood's Senate term would have expired in 1883 if he had not first resigned, that Kirkwood

12240-400: The convention. Edmund Randolph 's Virginia Plan called for a bicameral Congress: the lower house would be "of the people", elected directly by the people of the United States and representing public opinion , and a more deliberative upper house, elected by the lower house, that would represent the individual states, and would be less susceptible to variations of mass sentiment. The House

12384-453: The cost of business, it also distorts the field of inquiry and action, shielding firms with connections from competition and thereby sustaining inefficient firms. Corruption may have a direct impact on the firm's effective marginal tax rate. Bribing tax officials can reduce tax payments of the firm if the marginal bribe rate is below the official marginal tax rate. However, in Uganda, bribes have

12528-434: The costs of goods and services which arise from efficiency loss. In the absence of corruption, governmental projects might be cost-effective at their true costs, however, once corruption costs are included projects may not be cost-effective so they are not executed distorting the provision of goods and services. In the private sector , corruption increases the cost of business through the price of illicit payments themselves,

12672-511: The culture of corruption extends to every aspect of public life, making it extremely difficult for individuals to operate without resorting to bribes. Bribes may be demanded in order for an official to do something he is already paid to do. They may also be demanded in order to bypass laws and regulations. In addition to their role in private financial gain, bribes are also used to intentionally and maliciously cause harm to another (i.e. no financial incentive). In some developing nations, up to half of

12816-518: The date that the original member's would have expired. The Constitution permits the House to expel a member with a two-thirds vote. In the history of the United States, only six members have been expelled from the House; in 1861, three were removed for supporting the Confederate states' secession: Democrats John Bullock Clark of Missouri, John William Reid of Missouri, and Henry Cornelius Burnett of Kentucky. Democrat Michael Myers of Pennsylvania

12960-497: The decision maker to obtain a favorable decision. A working definition of corruption is also provided as follows in article 3 of the Civil Law Convention on Corruption (ETS 174): For the purpose of this Convention, "corruption" means requesting, offering, giving or accepting, directly or indirectly, a bribe or any other undue advantage or prospect thereof, which distorts the proper performance of any duty or behavior required of

13104-414: The destruction of crops and places of cultural importance, the breakdown of economic infrastructure and of health-care facilities such as hospitals, etc., etc. Corruption plays a huge role in health care system starting from the hospital, to the government and lifted to the other institutions that promote quality and affordable health care to the people. The efficiency of health care delivery in any country

13248-447: The difference. A common type of embezzlement is that of personal use of entrusted government resources; for example, when an official assigns public employees to renovate his own house. A kickback is an official's share of misappropriated funds allocated from his or her organization to an organization involved in corrupt bidding . For example, suppose that a politician is in charge of choosing how to spend some public funds. He can give

13392-415: The donated money was expended through " counterfeit drugs , siphoning off of drugs to the black market, and payments to ghost employees". Ultimately, there is a sufficient amount of money for health in developing countries, but local corruption denies the wider citizenry the resource they require. Corruption facilitates environmental destruction. While corrupt societies may have formal legislation to protect

13536-494: The earliest questions to be addressed under the clause was whether a person serving as a United States Attorney could continue to serve in that capacity after being elected to a seat in Congress. In 1816, Samuel Herrick was elected to the 15th United States Congress while still serving as U.S. Attorney for the District of Ohio. He was not allowed to take his seat until the House of Representatives had determined whether his service as

13680-571: The early decades of the nation's existence. In 1945, Associate Supreme Court Justice Robert H. Jackson was appointed to serve as U.S. Chief of Counsel for the prosecution of Nazi war criminals at the 1945–46 Nuremberg trials . In 1964 Chief Justice Earl Warren was appointed as chairman of the commission formed to investigate the assassination of John F. Kennedy . The Ineligibility Clause has resulted in some conflicts over potential appointments of Representatives and Senators to various Cabinet posts and other federal government offices. Among

13824-432: The electorate. The Democratic Party and Republican Party each held majorities in the House at various times. The late 19th and early 20th centuries also saw a dramatic increase in the power of the speaker of the House . The rise of the speaker's influence began in the 1890s, during the tenure of Republican Thomas Brackett Reed . "Czar Reed", as he was nicknamed, attempted to put into effect his view that "The best system

13968-453: The end of the term during which salaries were actually raised, not for the next following term for which he had been elected. This interpretation leads to the conclusion that the disability continues for the term for which the Senator or Congressman was elected, rather than for the actual length of time in office, so that mere resignation from the Congress does not remedy the disability created by

14112-511: The environment, it cannot be enforced if officials can easily be bribed. The same applies to social rights worker protection, unionization prevention, and child labor . Violation of these laws rights enables corrupt countries to gain illegitimate economic advantage in the international market. The Nobel Prize -winning economist Amartya Sen has observed that "there is no such thing as an apolitical food problem." While drought and other naturally occurring events may trigger famine conditions, it

14256-483: The executive and the judiciary have been a rarity in American history, and a strong tradition has developed disfavoring the practice. The clause has been interpreted as barring the appointment of a member of Congress to a post in another branch of government only if a pay raise occurred during the term for which the member had been elected. In other words, the disability does not carry over to subsequent terms in office. This

14400-414: The executive board of a car manufacturer in exchange for employer-friendly positions and votes, etc. Examples are endless. These various manifestations of corruption can ultimately present a danger for public health; they can discredit specific, essential institutions or social relationships. Osipian summarized a 2008 "study of corruption perceptions among Russians ... .30 percent of the respondents marked

14544-414: The executive should be able to satisfy the desires of the better-qualified men by inducing them to serve in appointive offices. James Madison proposed a compromise solution: "that no office ought to be open to a member, which may be created or augmented while he is in the legislature". After much debate, Madison's proposal prevailed, but without the prohibition from holding state office (the state might need

14688-483: The federal government and the governments of their respective home states for the period which they were elected to serve. All the delegates in Philadelphia agreed that no Member of Congress should serve in an appointive position while he was sitting, but Nathaniel Gorham , James Wilson , and Alexander Hamilton wanted no bar at all once a person was no longer in Congress. Hamilton argued that since passion drives all men,

14832-428: The first Tuesday after the first Monday in November. Pursuant to the Uniform Congressional District Act , representatives must be elected from single-member districts . After a census is taken (in a year ending in 0), the year ending in 2 is the first year in which elections for U.S. House districts are based on that census (with the Congress based on those districts starting its term on the following January 3). As there

14976-469: The flow of profits from the gang's gambling dens, prostitution, and protection rackets undisturbed and safe. The United States accused Manuel Noriega 's government in Panama of being a " narcokleptocracy ", a corrupt government profiting on illegal drug trade . Later the U.S. invaded Panama and captured Noriega. Some research indicates that political corruption is contagious: the revelation of corruption in

15120-539: The incumbent or the result of bargaining in earlier private discussions. Exceptions can result in so-called floor fights—convention votes by delegates, with outcomes that can be hard to predict. Especially if a convention is closely divided, a losing candidate may contend further by meeting the conditions for a primary election. The courts generally do not consider ballot access rules for independent and third party candidates to be additional qualifications for holding office and no federal statutes regulate ballot access. As

15264-439: The influential Rules Committee and the ability to appoint members of other House committees. However, these powers were curtailed in the "Revolution of 1910" because of the efforts of Democrats and dissatisfied Republicans who opposed Cannon's heavy-handed tactics. The Democratic Party dominated the House of Representatives during the administration of President Franklin D. Roosevelt (1933–1945), often winning over two-thirds of

15408-692: The institution nonetheless acts immorally as a whole. The mafia state phenomenon is an example of institutional corruption. An illegal act by an officeholder constitutes political corruption only if the act is directly related to their official duties, is done under color of law or involves trading in influence . The activities that constitute illegal corruption differ depending on the country or jurisdiction. For instance, some political funding practices that are legal in one place may be illegal in another. In some cases, government officials have broad or ill-defined powers, which make it difficult to distinguish between legal and illegal actions. Worldwide, bribery alone

15552-446: The instruments. In the context of political corruption, a bribe may involve a payment given to a government official in exchange of his use of official powers. Bribery requires two participants: one to give the bribe, and one to take it. Either may initiate the corrupt offering; for example, a customs official may demand bribes to let through allowed (or disallowed) goods, or a smuggler might offer bribes to gain passage. In some countries

15696-487: The integral value of higher education enterprise. Corruption in higher education has a larger negative influence, it destroys the relation between personal effort and reward anticipation. Moreover, employees and students develop a belief that personal success does not come from hard work and merit but through canvassing with teachers and taking other shortcuts. Academic promotions in the higher education institutions have been disabled by unlimited corruption. Presently, promotion

15840-564: The land gained during the Mexican–American War . Conflict over slavery and other issues persisted until the Civil War (1861–1865), which began soon after several southern states attempted to secede from the Union. The war culminated in the South's defeat and in the abolition of slavery. All southern senators except Andrew Johnson resigned their seats at the beginning of the war, and therefore

15984-540: The legislature reduces accountability and distorts representation in policymaking; corruption in the judiciary compromises the rule of law ; and corruption in public administration results in the inefficient provision of services. For republics, it violates a basic principle of republicanism regarding the centrality of civic virtue. More generally, corruption erodes the institutional capacity of government if procedures are disregarded, resources are siphoned off, and public offices are bought and sold. Corruption undermines

16128-499: The level of corruption as very high, while another 44 percent as high. 19 percent considered it as average and only 1 percent as low. The most corrupt in people's minds are traffic police (33 percent), local authorities (28 percent), police (26 percent), healthcare (16 percent), and education (15 percent). 52 percent of the respondents had experiences of giving money or gifts to medical professionals while 36 percent made informal payments to educators." He claimed that this corruption lowered

16272-408: The lives of the poor. Corruption leads to violation of human rights and fundamental freedoms as people supposed to benefit from the basic health care from the governments are denied due to unscrupulous processes driven by greed. Therefore, for a country to keep citizens healthy there must be efficient systems and proper resources that can tame the evils like corruption that underpin it. Education forms

16416-401: The management cost of negotiating with officials and the risk of breached agreements or detection. Although some claim corruption reduces costs by cutting bureaucracy , the availability of bribes can also induce officials to contrive new rules and delays. Openly removing costly and lengthy regulations are better than covertly allowing them to be bypassed by using bribes. Where corruption inflates

16560-679: The manipulation of assessments, targeting, registration and distributions to favor certain groups or individuals. In construction and shelter there are numerous opportunities for diversion and profit through substandard workmanship, kickbacks for contracts and favouritism in the provision of valuable shelter material. Thus while humanitarian aid agencies are usually most concerned about aid being diverted by including too many, recipients themselves are most concerned about exclusion. Access to aid may be limited to those with connections, to those who pay bribes or are forced to give sexual favors. Equally, those able to do so may manipulate statistics to inflate

16704-596: The many cases of Corruption in Ireland , such as the Irish Banking crisis , which found evidence of bribery , cronyism and collusion , where in some cases politicians who were coming to the end of their political careers would receive a senior management or committee position in a company they had dealings with. Electoral fraud is illegal interference with the process of an election . Acts of fraud affect vote counts to bring about an election result, whether by increasing

16848-516: The new republic. Drawing on examples provided by the bans on plural office holding contained in contemporaneous state constitutions, and in the Articles of Confederation, the Framers crafted a ban on dual office holding, which Alexander Hamilton described in The Federalist No. 76 as "an important guard against the danger of executive influence upon the legislative body." Robert Yates proposed to

16992-422: The number of beneficiaries and siphon off additional assistance. Malnutrition, illness, wounds, torture, harassment of specific groups within the population, disappearances, extrajudicial executions and the forcible displacement of people are all found in many armed conflicts. Aside from their direct effects on the individuals concerned, the consequences of these tragedies for local systems must also be considered:

17136-414: The operation ways of a system. Furthermore, the universities may be in relationships and dealings with business and people in government, which majority of them enrol in doctoral studies without the undergraduate program. Consequently, money, power and related influence compromise education standards since they are fueling factors. A Student may finish thesis report within a shorter time upon which compromises

17280-427: 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

17424-427: The population has paid bribes during the past 12 months. The Council of Europe dissociates active and passive bribery and to incriminates them as separate offences: This dissociation aims to make the early steps (offering, promising, requesting an advantage) of a corrupt deal already an offence and, thus, to give a clear signal (from a criminal-policy point-of-view) that bribery is not acceptable. Furthermore, such

17568-570: The post of United States Attorney General by then-President Richard Nixon , in the aftermath of the Saturday Night Massacre . The salary of the Attorney General had been increased in 1969, in the first year of the Senate term that Saxbe was still serving in 1973. Nixon's solution was to ask Congress to reduce the Attorney General's salary to what it had been before Saxbe took office. This maneuver, known in legal and political circles as

17712-622: The prefix " The Honorable " before their names. A member of the House is referred to as a representative , congressman , or congresswoman . Representatives are usually identified in the media and other sources by party and state, and sometimes by congressional district, or a major city or community within their district. For example, Democratic representative Nancy Pelosi , who represents California's 11th congressional district within San Francisco , may be identified as "D–California", "D–California–11" or "D–San Francisco". "Member of congress"

17856-423: The public. Ponzi schemes are an example of embezzlement. Some embezzlers "skim off the top" so that they continually acquire a small amount over a particular time interval. This method reduces the likelihood of being caught. On the other hand, some embezzlers steal a very large amount of goods or funds in a single instance and then disappear. Sometimes company managers underreport income to their supervisors and keep

18000-410: The quality of work delivered and questions the threshold of the higher education. Corruption is not specific to poor, developing, or transition countries. In western countries, cases of bribery and other forms of corruption in all possible fields exist: under-the-table payments made to reputed surgeons by patients attempting to be on top of the list of forthcoming surgeries, bribes paid by suppliers to

18144-435: The rate of economic growth in Russia, because the students disadvantaged by this corruption could not adopt better work methods as quickly, lowering thereby total factor productivity for Russia. Corruption can also affect the various components of sports activities (referees, players, medical and laboratory staff involved in anti-doping controls, members of national sport federation and international committees deciding about

18288-600: The reapportionment consequent to the 1960 census . The Constitution does not provide for the representation of the District of Columbia or of territories . The District of Columbia and the territories of Puerto Rico , American Samoa , Guam , the Northern Mariana Islands , and the U.S. Virgin Islands are each represented by one non-voting delegate . Puerto Rico elects a resident commissioner , but other than having

18432-514: The recipient of the bribe, the undue advantage or the prospect thereof. Trading in influence, or influence peddling, refers to a person selling his/her influence over the decision-making process to benefit a third party (person or institution). The difference with bribery is that this is a tri-lateral relation. From a legal point of view, the role of the third party (who is the target of the influence) does not really matter although he/she can be an accessory in some instances. It can be difficult to make

18576-526: The requisite oath to support the Constitution, but later engages in rebellion or aids the enemies of the United States, is disqualified from becoming a representative. This post–Civil War provision was intended to prevent those who sided with the Confederacy from serving. However, disqualified individuals may serve if they gain the consent of two-thirds of both houses of Congress. Elections for representatives are held in every even-numbered year, on Election Day

18720-431: The seats. Both Democrats and Republicans were in power at various times during the next decade. The Democratic Party maintained control of the House from 1955 until 1995. In the mid-1970s, members passed major reforms that strengthened the power of sub-committees at the expense of committee chairs and allowed party leaders to nominate committee chairs. These actions were taken to undermine the seniority system , and to reduce

18864-548: The size of the House at 435. However, the number was temporarily increased from 1959 until 1963 to 437 following the admissions of Alaska and Hawaii to the Union. In addition, five non-voting delegates represent the District of Columbia and the U.S. territories of Guam , the U.S. Virgin Islands , the Commonwealth of the Northern Mariana Islands , and American Samoa . A non-voting Resident Commissioner, serving

19008-406: The states. The Constitution was ratified by the requisite number of states (nine out of the 13) in 1788, but its implementation was set for March 4, 1789. The House began work on April 1, 1789, when it achieved a quorum for the first time. During the first half of the 19th century, the House was frequently in conflict with the Senate over regionally divisive issues, including slavery . The North

19152-615: The system was, in Gingrich's words, "morally, intellectually and spiritually corrupt". Gingrich followed Wright's successor, Democrat Tom Foley , as speaker after the Republican Revolution of 1994 gave his party control of the House. Gingrich attempted to pass a major legislative program, the Contract with America and made major reforms of the House, notably reducing the tenure of committee chairs to three two-year terms. Many elements of

19296-492: The technical complexity of public sector projects to conceal or pave the way for such dealings, thus further distorting investment. Corruption also lowers compliance with construction, environmental, or other regulations, reduces the quality of government services and infrastructure, and increases budgetary pressures on government. Economists argue that one of the factors behind the differing economic development in Africa and Asia

19440-502: The top officials in the administration in order to effectively implement its policy. It can be seen as corruption if this means that incompetent persons, as a payment for supporting the regime, are selected before more able ones. In nondemocracies many government officials are often selected for loyalty rather than ability. They may be almost exclusively selected from a particular group (for example, Sunni Arabs in Saddam Hussein 's Iraq,

19584-427: The undermining of political values. Corruption as the decline of virtue has been criticized as too broad and far too subjective to be universalized. The second dimension of corruption is corruption as deviant behavior. Sociologist Christian Höffling and Economist J.J. Sentuira both characterized corruption as social illness; the latter defined corruption as the misuse of public power for one's profit. The third dimension

19728-410: 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. Historically, many territories 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

19872-421: The vote share of the favored candidate, depressing the vote share of the rival candidates, or both. Also called voter fraud , the mechanisms involved include illegal voter registration, intimidation at polls, voting computer hacking , and improper vote counting. Embezzlement is the theft of entrusted funds. It is political when it involves public money taken by a public official for use by anyone not specified by

20016-467: Was being ruined by the Democrats' tactics and that the GOP had to destroy the system before it could be saved. Cooperation in governance, says Zelizer, would have to be put aside until they deposed Speaker Wright and regained power. Gingrich brought an ethics complaint which led to Wright's resignation in 1989. Gingrich gained support from the media and good government forces in his crusade to persuade Americans that

20160-435: Was expelled after his criminal conviction for accepting bribes in 1980, Democrat James Traficant of Ohio was expelled in 2002 following his conviction for corruption, and Republican George Santos was expelled in 2023 after he was implicated in fraud by both a federal indictment and a House Ethics Committee investigation. The House also has the power to formally censure or reprimand its members; censure or reprimand of

20304-443: Was ineligible for the office until 1883. The clause was at issue in 1937, when sitting Alabama Senator Hugo Black was appointed an Associate Justice of the Supreme Court . Congress had recently increased the pension available to Justices retiring at the age of seventy. The emolument was one that Black would not derive benefit from for some 19 years and only if he survived that long. Furthermore, Time magazine pointed out that

20448-479: Was motivated by fears that courts would impose at-large plurality districts on states that did not redistrict to comply with the new mandates for districts roughly equal in population, and Congress also sought to prevent attempts by southern states to use such voting systems to dilute the vote of racial minorities. Several states have used multi-member districts in the past, although only two states (Hawaii and New Mexico) used multi-member districts in 1967. Louisiana

20592-565: Was much more populous than the South , and therefore dominated the House of Representatives. However, the North held no such advantage in the Senate, where the equal representation of states prevailed. Regional conflict was most pronounced over the issue of slavery. One example of a provision repeatedly supported by the House but blocked by the Senate was the Wilmot Proviso , which sought to ban slavery in

20736-443: Was subsequently elected by the House as the first female speaker. The Republicans retook the House in 2011 , with the largest shift of power since the 1930s. However, the Democrats retook the house in 2019 , which became the largest shift of power to the Democrats since the 1970s. In the 2022 elections, Republicans took back control of the House, winning a slim majority. In November 2024, House Speaker Mike Johnson announced that

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