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109-602: LEOSA is often incorrectly referred to as "H.R. 218". The act was introduced during the 108th Congress as H.R. 218 and enacted as Public Law 108-277. The law was later amended by the Law Enforcement Officers Safety Act Improvements Act of 2010 (S. 1132, Public Law 111-272), and Section 1099C of the National Defense Authorization Act for Fiscal Year 2013 (H.R. 4310, Public Law 112-239). It

218-704: 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

327-488: 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,

436-574: 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

545-551: 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

654-536: A concealed firearm in any state, including that person's home state. This is because LEOSA, by its terms, provides in its introductory paragraphs (Sections 926B(a) and Section 926C(a)) that notwithstanding the law of "any State" a person who qualifies under LEOSA is not subject to the concealed carry laws of any state. Some officials, such as in New Jersey , believe that a retired officer residing in NJ must still obtain

763-554: A county court in Orange County, New York, dismissed a criminal charge against Booth, an off-duty member of the Coast Guard, who had been arrested for carrying a loaded handgun in a vehicle. The court held that Booth was authorized to carry a firearm while acting as a Coast Guard boarding officer, adding, "Although the proof at the hearing indicates that the defendant engaged in a violation of rules, regulations and policies of

872-490: A federal judge agreed with them and struck two provisions of state law—a retired officer permit requirement and a prohibition on carrying hollow point ammunition—as applied to the officers. “the Court finds that LEOSA preempts the Permit Scheme and prohibition on hollow point ammunition as-applied to Plaintiffs and QRLEOs who already have ‘identification’ …. [T]he Court hereby declares that [those restrictions] violate[]

981-662: A federal lawsuit against the New Jersey Attorney General and the Superintendent of the NJ State Police, seeking to compel the State of New Jersey's compliance with LEOSA. Furthermore, LEOSA's legislative history indicates that its framers intended LEOSA to supersede all states' laws, including the home state of the individual claiming its exemption. For example, Congress declared LEOSA's purpose

1090-520: 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

1199-506: A few other locations. The concept of "retirement" was replaced with "separated from service" and the requirement that the retired officer have a nonforfeitable right to retirement benefits was eliminated. In 2013, LEOSA was again amended by the National Defense Authorization Act (NDAA) for Fiscal Year 2013, effective January 2, 2013, after President Obama signed Public Law 112-239 (H.R. 4310). Section 1089 of

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1308-532: 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

1417-679: A hearing that he was authorized, qualified, and certified to carry a weapon in his state as a constable. The Court took judicial notice of the various Pennsylvania statutes that authorize constables to carry firearms, make arrests, serve process, and enforce the law. Upon applying LEOSA in terms of the known facts, the Court dismissed the charge against Rodriguez and held that he was covered by section 926B though constables are elected law enforcement officers and they lack government funding. A number of other courts have held that Coast Guard boarding officers are qualified under LEOSA. In People against Benjamin L. Booth, Jr. , Indictment No. 2007-940 (2007),

1526-426: A local jurisdiction and, in return, become an auxiliary or reserve officer . Among those alleged to have participated such schemes include individuals such as Robert Mercer , Steven Seagal , and Dan Bilzerian , and police departments of communities like Hudspeth County, Texas , Oakley, Michigan and Lake Arthur, New Mexico , which shut down its police department in 2018 as a result of its practice of selling badges

1635-592: 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

1744-487: A modified rifle with a barrel less than 16 inches in length. The court dismissed the case, finding that LEOSA applied to the defendant, that “LEOSA does not provide definitions as to the issue of carry or concealment…”, and that the state not only failed to provide evidence sufficient to prove that firearms rendered illegal by state law are protected by LEOSA, but also that “at trial it is the State’s burden to prove each element of

1853-556: 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 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

1962-400: A person meets the criteria, then "notwithstanding any other provision of the law of any State or any political subdivision thereof", he or she may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, in any state or political subdivision thereof. As a result, an individual who qualifies under LEOSA does not require a state-issued permit for carrying

2071-606: 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

2180-438: 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

2289-661: A state issued permit in order to be eligible to carry a firearm under LEOSA, in effect nullifying LEOSA. However, that view assumes New Jersey law is not preempted by LEOSA and has no support in the LEOSA statute itself, by its terms, or in any published court case to date. On May 11, 2020 the Federal Law Enforcement Officers' Association (FLEOA), the New Jersey Fraternal Order of Police (NJFOP), and three individual complainants, filed

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2398-468: 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

2507-741: 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

2616-440: 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

2725-602: Is codified within the provisions of the Gun Control Act of 1968 as 18 U.S.C.   §§ 926B – 926C . Whether or not a person is privileged by the Law Enforcement Officers Safety Act (LEOSA) of 2004 and its amendments in 2010 and 2013 to carry a concealed firearm depends on whether or not he or she meets the federal definitions for either a "qualified law enforcement officer" or a "qualified retired law enforcement officer." If

2834-688: 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

2943-468: 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

3052-543: 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

3161-479: Is only good for the state in which they reside. Individuals must also obey any federal laws and federal agency policies that restrict the carrying of concealed firearms in certain federal buildings and lands, as well as federal regulations prohibiting the carriage of firearms on airplanes. Debate has continued over the effect and scope of policies issued by individual law enforcement agencies in relation to their own employees, where such policies would appear to restrict

3270-545: 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,

3379-535: Is the most recent Congress to have a Democratic senator from South Carolina, Fritz Hollings , who retired at the end of the Congress. Both chambers had a Republican majority, with the Republicans slightly increasing their edge in the House, and regaining control of the Senate, after party control had switched back and forth during the 107th Congress due to various factors. With President Bush , this gave

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3488-504: 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

3597-579: 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

3706-414: 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

3815-565: 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

3924-822: 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 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

4033-742: 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

4142-475: 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 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

4251-650: 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

4360-450: 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 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

4469-694: 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

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4578-556: 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

4687-430: The 2004 Law Enforcement Officers Safety Act guaranteed that right. The court rejected the city's argument that the law does not apply to corrections officers. The city had cited the fact that the officers did not have full statutory powers of arrest during their time of employment. The court held that only some statutory power of arrest or apprehension was required (such as the power to take parole violators into custody). In

4796-594: 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

4905-869: The Act from the International Association of Chiefs of Police , the Police Executive Research Forum , and the United States Conference of Mayors , which was expressed as a dissenting view in the report of the Committee. Congressman Bobby Scott ( D - VA ) proposed an amendment to the Bill to provide that it "shall not be construed to supersede or limit the rules, regulations, policies, or practices of any State or local law enforcement agency," but this amendment

5014-564: 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 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

5123-608: 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

5232-423: The Department of Defense on equal footing with their law enforcement counterparts across the country when it comes to coverage under LEOSA." On January 18, 2021, President Donald J. Trump issued Executive Order 13977 to expand LEOSA coverage for Judges, prosecutors, and law enforcement officers. The order also directed the removing of obstacles to Federal Law Enforcement Officers Qualifying For Concealed Carry Under

5341-405: The District of Columbia suggests, only the police power to arrest upon probable cause, see Appellee's Br. 25." On March 26, 2018, an employee with the federal prison system was accused of brandishing a weapon and several other charges in the State of New Jersey. She was found not guilty of all charges with the exception of carrying a handgun without a permit. According to the source the judge over

5450-700: 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

5559-500: The House and Senate committees can be found through the Official Congressional Directory at the bottom of this article. The directory after the pages of terms of service lists committees of the Senate, House (Standing with Subcommittees, Select and Special) and Joint and, after that, House/Senate committee assignments. On the committees section of the House and Senate in the Official Congressional Directory,

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5668-462: 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

5777-409: 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

5886-424: The Law Enforcement Officers Safety Act of 2004. In 18 USC § 926B(c), "qualified law enforcement officer" is defined as any individual employed by a governmental agency, who: Additionally, 18 USC § 926B requires that the individual must carry photographic identification issued by the governmental agency for which the individual is employed that identifies the employee as a police officer or law enforcement officer of

5995-459: The NDAA contained language which further clarified that military police officers and civilian police officers employed by the U.S. Government unambiguously met the definitions in the original Act. The definitions of "qualified active" and "qualified retired" law enforcement officer include the term "police officers" and expanded the powers of arrest requirement definition to include those who have or had

6104-510: The Republicans an overall federal government trifecta . The party summary for the Senate remained the same during the entire 108th Congress. Due to resignations and special elections , Republicans lost a net of two seats to the Democrats. All seats were filled though special elections . (See Changes in membership , below.) The Senators are preceded by the class, In this Congress, Class 3 meant their term ended with this Congress, requiring reelection in 2004; Class 1 meant their term began in

6213-653: 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

6322-591: The Supremacy Clause of the United States Constitution.” The Case is captioned Federal Law Enforcement Officers Association v. Grewal. Because of LEOSA's national application but reliance on local certification and standards, it has been alleged that the law has been used as a way for wealthy, unqualified civilians, who may live in states where the ability to concealed carry by civilians is not allowed or difficult to obtain, to use their financial or political ties to bypass local laws by donating time and money to

6431-523: 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

6540-555: The United States Coast Guard by possessing a handgun for which he had no license, these violations do not act to lessen the scope of LEOSA as it is applied in this instance." Another Coast Guardsman, Reserve Petty Officer Jose Diaz, was arrested for carrying an unloaded handgun in a vehicle in San Fernando, California, in November 2007, but the charge was later dismissed and Diaz won a $ 44,000 settlement from

6649-527: The ability of a law enforcement officer to carry a firearm. Some argue that the law does not override the internal policies of a department or agency. However, when LEOSA was under consideration in the United States House of Representatives Committee on the Judiciary , considerable representations were made to the effect that it would override agency-specific policies, leading to opposition to

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6758-542: 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

6867-421: The agency. LEOSA also does not require a "qualified law enforcement officer" to be full-time, meaning that part-time, reserve, and auxiliary officers are viewed the same in the law's application, provided that while on-duty or called to service they meet the requirements, even if inactive at the time. In 18 USC § 926C(c), "qualified retired law enforcement officer" is defined as an individual who: Additionally,

6976-566: The authority to "apprehend" suspects under the Uniform Code of Military Justice . Senator Patrick Leahy , a key sponsor of the bill, remarked "The Senate has agreed to extend that trust to the law enforcement officers that serve within our military. They are no less deserving or worthy of this privilege and I am very pleased we have acted to equalize their treatment under the federal law". He further stated "The amendment we adopt today will place military police and civilian police officers within

7085-401: The authority to prohibit their own officers from carrying certain weapons on-duty or off-duty. Section 2 of the bill provides that regardless of any other provision of the law of any State or any political subdivision thereof, any individual who qualifies as a law enforcement officer and who carries photo identification will be authorized to carry any firearm. In a variety of contexts, including

7194-443: The case did not allow the jury to know information regarding her status as a law enforcement officer and her protections under LEOSA. She was found guilty and sentenced to five years in prison. It should be noted, in addition to LEOSA protections, employees of the federal prison system have authority to arrest and carry firearms in accordance with federal law 18 U.S. Code § 3050 - Bureau of Prisons employees’ powers. The gun conviction

7303-489: The city for false arrest. The Coast Guard has issued a formal directive to advise Coast Guard personnel of which Coast Guard personnel are considered to be covered by LEOSA, and the limitations of such coverage. On May 22, 2008, In People v. Peterson out of the Twelfth Judicial Circuit, Will County, Ill., the defendant was indicted for the class 3 felony of Unlawful Use of a Weapon for knowingly possessing

7412-487: The committee's members on the first row on the left side shows the chairman of the committee and on the right side shows the ranking member of the committee. Employees include: 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

7521-524: 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

7630-432: 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

7739-435: The federal preemption of state law, courts have interpreted the term law to include agency rules and regulations. The Supreme Court has ruled that this term specifically includes contractual obligations between employers and employees, such as work rules, policies, and practices promulgated by state and local police departments. To date no officer has refused to apply to LEOSA on the basis of any moral grounds. In 2010, LEOSA

7848-428: 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

7957-539: 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

8066-581: The individual must carry either: The first known criminal prosecution against an individual asserting concealed carry privileges under LEOSA occurred in New York in People v. Rodriguez , Indictment No. 2917 (2006). Rodriguez was a full-time construction worker who was also employed as a Pennsylvania State Constable . He was arrested in New York City for criminal possession of a weapon. He testified in

8175-476: The individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State. Although the GFSZA authorizes on-duty law enforcement officers to carry firearms in such circumstances, off-duty and retired law enforcement officers are still restricted from doing so unless they have a firearms license issued from the state in which they reside and then it

8284-439: 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

8393-573: 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

8502-418: The last Congress, requiring reelection in 2006; and Class 2 meant their term began in this Congress, requiring reelection in 2008. The Members of the House of Representatives are preceded by the district number. Members who came and left during this Congress. There were no changes in Senate membership during this Congress. Lists of committees and their party leaders for members of

8611-678: 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 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

8720-601: The number of aggregate years for retired officers was reduced from fifteen to ten. In addition the definition of a firearm was expanded to include any ammunition not prohibited by the National Firearms Act of 1934. This was done to exempt qualified active and retired law enforcement officers from the prohibitions against carrying hollow-point ammunition that is in force in New Jersey (except for their peace officers and active federal law enforcement officers) and

8829-523: The offense charged,” and that “[b]y these findings, it would be impossible for the State to do so.” Decision and Order, page 3. On August 7, 2008, several off duty state and federal law enforcement officers, and a firefighter were carrying concealed firearms in a bar in South Dakota. They were involved in an altercation and firearms were discharged. They were arrested and charged with several violations of state law to include weapons violations. LEOSA

8938-411: The opinion for the court filed by Circuit Judge Rogers, the court said, " In the LEOSA, Congress defined "qualified law enforcement officers" broadly, to include individuals who engage in or supervise incarceration. Given the breadth of Congress's definition, the reference to "statutory powers of arrest" necessarily means some statutory power of arrest such as a power to arrest parole violators, and not, as

9047-525: The other (the Senate) would provide equal representation amongst 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

9156-427: 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

9265-431: The possession of concealed firearms on their property" (such as a bars, private clubs, amusement parks, etc.), or "(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park" Additionally, LEOSA does not override the federal Gun-Free School Zone Act (GFSZA) which prohibits carrying a firearm within 1,000 feet of elementary or secondary schools unless

9374-629: 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"

9483-502: 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 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

9592-591: 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 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

9701-510: 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

9810-532: 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

9919-480: The roles and responsibilities (as well as liability) of both agencies and their current and separated officers. 108th United States Congress The 108th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives from January 3, 2003, to January 3, 2005, during

10028-431: 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

10137-664: The south wing of the United States Capitol . The rules of the House generally address a two-party system, with 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

10246-721: 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 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

10355-634: 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

10464-437: The third and fourth years of George W. Bush's presidency . House members were elected in the 2002 general election on November 5, 2002. Senators were elected in three classes in the 1998 general election on November 3, 1998, 2000 general election on November 7, 2000, or 2002 general election on November 5, 2002. The apportionment of seats in the House of Representatives was based on the 2000 United States census . This

10573-410: 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

10682-869: The words of LEOSA and its legislative intent clearly establish that LEOSA applies nationwide, including the home state of the individual. In 2024 the United States Court of Appeal for the Third Circuit ruled against the state of New Jersey and held that LEOSA pre-empts state law. The privilege specifically does not extend to machine guns , destructive devices , or suppressors . LEOSA covers state and public university and/or college campus law enforcement officers, however this law does not necessarily cover private campus police or company police. Although LEOSA preempts state and local laws, there are two notable exceptions: "the laws of any State that (1) permit private persons or entities to prohibit or restrict

10791-556: Was amended by the Law Enforcement Officers Safety Act Improvements Act of 2010, which specifically extended coverage to include law enforcement officers of the Amtrak Police , Federal Reserve Police , and law enforcement officers of the executive branch of the Federal Government. The provisions for disqualification on mental health grounds and the provisions regarding qualifications to carry a firearm were amended, and

10900-470: 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

11009-435: 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

11118-560: Was exposed. The adoption of a LEOSA policy by law enforcement agencies is a best practice which serves to provide clarity to LEOSA protocols and procedures and give certainty and guidance to agencies and their active and separated law enforcement officers who carry a firearm under LEOSA. Current law enforcement officers who invoke LEOSA to carry a firearm out of State, as well as separated law enforcement officers no matter where they carry, do so in their capacities as private persons with no law enforcement authority whatsoever. A policy clarifies

11227-479: 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

11336-580: 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

11445-465: Was opposed by the sponsors of the bill, and was rejected by the Committee 21-11, so the enacted law contains no such exception. In his dissent to the passage of LEOSA, Senator Edward M. Kennedy acknowledged that LEOSA overrides agency policy in accordance with United States Supreme Court precedent: "The bill removes the ability of police departments to enforce rules and policies on when and how their own officers can carry firearms. Police chiefs will lose

11554-698: Was overturned in December 2022 which also overturned her sentence. Unfortunately, she did serve three years of the five-year sentence and it was determined she was wrongfully imprisoned. In 2020, a coalition of retired federal law enforcement officers and the Federal Law Enforcement Officers Association sued the state of New Jersey for not honoring their carry rights under the Law Enforcement Officer Safety Act (“LEOSA”). On June 21, 2022,

11663-443: 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

11772-475: Was to implement "national measures of uniformity and consistency" and allow officers to carry a concealed firearm "anywhere within the United States." In addition, Congress rejected efforts to allow states to opt out of LEOSA. The House of Representatives also defeated—and the Senate refused to consider—proposed amendments aimed at preserving local law enforcement agencies' discretion to regulate "the conditions under which their officers may carry firearms." Thus, both

11881-669: Was used as a defense against the weapons charges. On November 14, 2008, in a Memorandum Decision in the case of South Dakota vs. Smith was published. All weapons charges against the law enforcement officers were dropped with the exception of the weapons charges against the firefighter. On June 3, 2016 the U.S. Court of Appeals for the Washington D.C. Circuit ruled (in a 2-1 decision) that a case brought by Ronald Duberry would be remanded for further proceedings. The court ruled that Washington D.C.'s Department of Corrections could not keep retired officers from carrying concealed firearms, saying

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