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108-542: The Act was first introduced in the U.S. House of Representatives on July 19, 2005, by Representative John Salazar , a Democrat from Colorado , as H.R. 3352. It was introduced in the Senate by Senator Kent Conrad , a Democrat from North Dakota , on November 10, 2005, as S. 1998. The Senate version was passed unanimously on September 7, 2006. The House passed the Senate version, S. 1998, on December 6, 2006. The purpose of

216-533: A provision of severability , the Supreme Court was ultimately free to overturn the Act in its entirety. Justice Anthony Kennedy , writing for a plurality consisting of himself, Chief Justice John Roberts , Justice Ruth Bader Ginsburg , and Justice Sonia Sotomayor , wrote that false statements are not, by the sole reason of their falsity, excluded from First Amendment protection. "The Court has never endorsed

324-704: 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

432-488: 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,

540-574: 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

648-551: 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

756-417: A false statement that harmed another, such as a defamatory statement. Relying on these cases, Verrilli stated, "[T]his Court has said in numerous contexts, numerous contexts, that the calculated factual falsehood has no First Amendment value for its own sake." Justice Anthony Kennedy immediately retorted: Well, I'm – I'm not sure that that's quite correct. It has said it often, but always in context where it

864-520: 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

972-532: 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

1080-536: A list of subjects about which false statements are punishable. That governmental power has no clear limiting principle. Our constitutional tradition stands against the idea that we need Oceania’s Ministry of Truth ," invoking George Orwell 's novel Nineteen Eighty-Four . Justice Stephen Breyer , joined by Justice Elena Kagan , agreed that the Stolen Valor Act of 2005 was unconstitutional, but on entirely different grounds. Breyer based his finding not on

1188-595: A majority of judges in the U.S. Court of Appeals for the Ninth Circuit refused to rehear the Alvarez case en banc . In the order refusing to hear the case en banc, Judge Alex Kozinski issued a lengthy concurrence, responding to critics of the decision and asserting that the First Amendment covers most varieties of lying and misrepresentation, where not otherwise unprotected by the First Amendment under

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1296-540: 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

1404-503: 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

1512-476: A narrower law would survive constitutional scrutiny. "We felt good about portions of the decision which suggest that a more narrowly tailored bill which incorporates traditional fraud elements would be upheld," said Fang Wong, national commander of the American Legion. Alvarez remained in legal trouble due to allegations that he defrauded the government by falsely receiving health insurance benefits. He

1620-502: A new website, a living memorial, so the American people can see who’s been awarded our nation’s highest honors . . . because no American hero should ever have their valor stolen.” The DoD valor database was unveiled on July 25, 2012. Additionally, in response Representative Joe Heck sponsored the Stolen Valor Act of 2012 to criminalize profiting by falsely claiming to have received a military medal for serving in combat, which passed with

1728-419: A powerful government is, in our view, an essential component of the protection afforded by the First Amendment," Judge Smith wrote. If lying about a medal can be classified as a crime, Smith said, so many everyday lies could become criminal acts, such as lying about one's age, misrepresenting one's financial status on Facebook, or telling one's mother falsehoods about drinking, smoking, or sex. On March 21, 2011,

1836-606: 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

1944-547: A retired Marine of 25 years. I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got wounded many times by the same guy." As this statement was not true, Alvarez was indicted for violating the Stolen Valor Act of 2005. The United States District Court for the Central District of California , the place where the trial was to occur, rejected Alvarez's claim that

2052-438: 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

2160-563: A special statute to prevent people from using false claims of valor in order to prevent fraud." John Wagner, executive director of the Warrior Legacy Foundation, a veterans group that lobbied for Strandlof's prosecution, said he will push for an appeal. A spokesman for the U.S. attorney in Denver said prosecutors are reviewing the decision and haven't decided whether to appeal. The spokesman said that decision would be made by

2268-430: A strict scrutiny test that the plurality had used, but on a "proportionality" or "intermediate scrutiny test". This test examines "whether the statute works speech-related harm that is out of proportion to its justifications." After holding that Congress could create a database of those who had received the medal, among other alternatives to the existing law, Breyer said that there were lesser restrictive means to achieve

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2376-468: 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

2484-741: 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

2592-676: A vote of 410 to 3; a companion bill was sponsored by Senator Jim Webb , which passed as an amendment of the defense authorization bill. In the 113th Congress Representative Heck reintroduced the modified act, receiving 65 cosponsors. The Stolen Valor Act of 2013 was signed by President Barack Obama on June 3, 2013. The Act makes it a federal crime to fraudulently claim to be a recipient of certain military decorations or medals in order to obtain money, property, or other tangible benefit. United States House of Representatives Minority (213) Vacant (2) [REDACTED] [REDACTED] The United States House of Representatives

2700-617: Is "at least one less speech-restrictive means by which the Government could likely protect the integrity of the military award system." In his view, "were a database accessible through the Internet, it would be easy to verify and expose false claims." In response, President Obama announced the creation of the DoD valor database, or valor.defense.gov in July 2012, saying "this week, we will launch

2808-440: 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

2916-550: Is capped at $ 168,411 as of 2009. United States v. Alvarez United States v. Alvarez , 567 U.S. 709 (2012), is a landmark decision in which the Supreme Court of the United States ruled that the Stolen Valor Act of 2005 was unconstitutional. The Stolen Valor Act of 2005 was a federal law that criminalized false statements about having a military medal. It had been passed by Congress as an effort to stem instances where people falsely claimed to have earned

3024-688: 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

3132-468: 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

3240-543: 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

3348-545: 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,

Stolen Valor Act of 2005 - Misplaced Pages Continue

3456-610: 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 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

3564-504: 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

3672-579: 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

3780-414: 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

3888-454: Is well understood that speech can injure.... You think there's no value to falsity. But I – I simply can't find that in our cases, and I – I think it's a sweeping proposition to say that there's no value to falsity. Falsity is a way in which we contrast what is false and what is true. Libby opened the defense argument by emphasizing that the First Amendment is intended to protect personal autonomy. In response to several questions, Libby played on

3996-480: The Gertz statement was a kind of overstatement, an exaggeration, puffery." On June 28, 2012, a divided Court held that the prohibition against making false statements of having been awarded a military medal under the Stolen Valor Act of 2005 violated the First Amendment. However, the six justices in the majority could not agree on a single rationale for the decision. Since the Stolen Valor Act of 2005 did not contain

4104-565: 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

4212-822: 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

4320-742: 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

4428-650: 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

Stolen Valor Act of 2005 - Misplaced Pages Continue

4536-492: The U.S. Supreme Court agreed to consider the validity of the law. On June 28, 2012, the Supreme Court found the law unconstitutional in a 6   to   3 decision, with Justices Scalia, Thomas and Alito dissenting. In United States v. Alvarez the majority held that the Stolen Valor Act was an unconstitutional abridgment of the freedom of speech under the First Amendment. Justice Anthony Kennedy's opinion in United States v. Alvarez cited that "a Government-created database"

4644-450: 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

4752-694: 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

4860-556: 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

4968-594: 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

5076-399: The Act only if it were "reasonably understood by the audience as a statement of fact or as an exercise in political theater." The questions during Verrilli's argument focused on the lack of injury caused by false claims of military honors. In nearly all the cases that the United States cited to support the proposition that there is no First Amendment value in falsity, the Court had addressed

5184-413: The Act was to strengthen the provisions of federal law (18 U.S.C. § 704) by broadening its scope and strengthening penalties. Specific new provisions in the Act included: The Act made it illegal for unauthorized persons to wear, buy, sell, barter, trade, or manufacture "any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to

5292-502: The Act, Alvarez remained in prison for fraud on other matters. President George W. Bush signed the Stolen Valor Act of 2005 (18 U.S.C. § 704) into law on December 20, 2006. The Act broadens previous provisions addressing the unauthorized wear, manufacture, or sale of any military decorations and medals by making it a misdemeanor to falsely represent oneself as having received any U.S. military decoration or medal. If convicted, defendants may be imprisoned for up to six months, unless

5400-564: 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

5508-608: 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

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5616-484: The Court's discontent with the apparent lack of harm by stating that there is value in falsity "so long as it doesn't cause imminent harm to another person or imminent harm to a government function." Libby stumbled in the Court's estimation, however, when he conceded that the Act did not chill any truthful speech. In response, Justice Kagan stated, "So, boy, I mean, that's a big concession, Mr. Libby. Then you're saying, you can only win this case if this Court decides that

5724-700: 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

5832-417: The Government's need to protect the value of the medal, the plurality said that "the link between the Government's interest in protecting the integrity of the military honors system and the Act's restriction on the false claims of liars like respondent has not been shown." Additionally, Kennedy wrote that 'counter-speech' was a sufficient solution to the problem: "It is a fair assumption that any true holders of

5940-462: 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

6048-409: 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

6156-452: The Medal who had heard of Alvarez's false claims would have been fully vindicated by the community's expression of outrage... Truth needs neither handcuffs nor a badge for its vindication." Wrote Kennedy: "Permitting the government to decree this speech to be a criminal offense, whether shouted from the rooftops or made in a barely audible whisper, would endorse government authority to compile

6264-653: 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

6372-401: The Stolen Valor Act of 2005 was invalid because it could have achieved its objectives in less restrictive ways. Veterans organizations and politicians reacted negatively. Several months after the decision, both chambers of Congress passed new versions of the Stolen Valor Act of 2005 based on the suggestions in the Court's opinion. Despite the Supreme Court having struck down the conviction under

6480-528: The U.S. Justice Department in Washington and prosecutors in Denver. On January 27, 2012, the U.S. Court of Appeals for the Tenth Circuit overruled the district court and reinstated the charges against Strandlof. Two judges on the three-judge panel held that false statements are not worthy of constitutional protection. In dissent, Judge Jerome Holmes wrote that the majority was reading language into

6588-523: 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

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6696-411: The United States , appeared on behalf of the United States. Jonathan D. Libby, Deputy Federal Public Defender , appeared on behalf of Alvarez. Verrilli spoke first; he began by explaining that military honors touch on the core values of the armed forces, and the Stolen Valor Act simply aims to protect those core values. Almost immediately Justice Sonia Sotomayor asked Verrilli a hypothetical: During

6804-575: The Vietnam War, a protester holds up a sign that says, "I won a Purple Heart – for killing babies." Knowing statement. He didn't win the Purple Heart. As a reader, I can't be sure whether he did and is a combat veteran who opposes the war, or whether he's a citizen protesting the war. Is that person, if he's not a veteran, having received the medal, is he liable under this act? Verrilli responded by suggesting that such an act would be covered by

6912-542: 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

7020-432: The act to justify upholding it. On July 2, 2012, the Tenth Circuit vacated its previous opinion, writing, "In light of United States v. Alvarez , we vacate both the opinion and the judgment issued on January 27, 2012." Initially the U.S. Court of Appeals for the Ninth Circuit decided Alvarez on August 17, 2010, ruling the Stolen Valor Act unconstitutional. Specifically, in the 2–1 decision, Judge Milan Smith stated for

7128-469: The act was unconstitutional. This decision was reversed by a three-judge panel of the United States Court of Appeals for the Ninth Circuit which held the law invalid. The government appealed the Ninth Circuit's decision, which was subsequently granted by the Supreme Court in 2011. The Supreme Court heard oral argument on February 22, 2012. Donald Verrilli, Jr. , Solicitor General of

7236-480: The broadest extent possible as a deterrent to others.” Harold A. Fritz, a recipient of the medal from the Vietnam War, agreed with the VFW that "It’s more than just a piece of metal suspended on a piece of cloth on a pin. . . . And people who abuse that . . . need to be penalized." Proponents of the Stolen Valor Act promised to bring forward more limited legislation in the future. The American Legion expressed hope that

7344-409: The case on January 20, 2010. "Such expression remains within the presumptive protection afforded pure speech by the First Amendment," the institute's attorney wrote. "As such, the Stolen Valor Act is an unconstitutional restraint on the freedom of speech." On July 16, 2010, a federal judge in Denver ruled the Stolen Valor Act is "facially unconstitutional" because it violates free speech and dismissed

7452-476: The categorical rule the Government advances," Kennedy wrote. "Our prior decisions have not confronted a measure, like the Stolen Valor Act [of 2005], that targets falsity and nothing more." Even though there are several examples of the use of penalizing false speech (like perjury ), Kennedy argued that "[t]he Government has not demonstrated that false statements generally should constitute a new category of unprotected speech..." The plurality opinion also expressed

7560-442: The constitutionality of the Stolen Valor Act in U.S. District Court in Denver, Colorado. Strandlof's attorney believed the law was too vague and that "protecting the reputation of military decorations is insufficient to survive [ strict scrutiny ]", a level of judicial review that requires the government to justify any limitation it places on free speech. The Rutherford Institute, a Virginia-based civil liberties group, joined in

7668-425: The court that lies not within traditionally unprotected subsets of false facts are subject to First Amendment protection, the Stolen Valor Act is not subject to defamation law precedent, and there's no compelling reason for government interest in banning such lies. "The right to speak and write whatever one chooses – including, to some degree, worthless, offensive and demonstrable untruths – without cowering in fear of

7776-514: The criminal case against Strandlof who lied about being an Iraq war veteran. Strandlof, 32, was charged with five misdemeanors related to violating the Act – specifically, making false claims about receiving military decorations. U.S. District Judge Robert E. Blackburn issued his decision rejecting the prosecution's argument that lying about having military medals dilutes their meaning and significance. "This wholly unsubstantiated assertion is, frankly, shocking and, indeed, unintentionally insulting to

7884-524: 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

7992-547: The decision "a victory for free speech and common sense." Alvarez's attorney praised the decision, saying "The First Amendment protects a lot of what we as Americans get to say...The government doesn't get to decide what we can and cannot say.” Several veterans organizations leaders were dismayed by the decision. A spokesperson for the Veterans of Foreign Wars said "Despite the ruling, the VFW will continue to challenge far-fetched stories, and to publicize these false heroes to

8100-534: The decision is remarkable. "The First Amendment protects speech we don't like," he said. "We don't need the First Amendment for speech people like. The government cannot criminalize a statement simply because it is false, no matter how important the statement is." Beall points out Strandlof wasn't charged with stealing money meant for the veterans group, adding that laws are already in place for those crimes. "That's plain-old, regular-vanilla everyday fraud, and we do prosecute that every day," he said. "Congress does not need

8208-637: The decoration lied about is the Medal of Honor , in which case imprisonment could be up to one year. Proponents in Congress argued that the law was passed to prevent imposters from "stealing the valor" of soldiers returning from engagements in Iraq and Afghanistan . In 2007, at a Three Valley Water District Board meeting in Claremont, California , new member Xavier Alvarez introduced himself by saying, "I'm

8316-432: 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

8424-428: 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

8532-497: The government's interest. Justice Samuel Alito , joined by Justices Antonin Scalia and Clarence Thomas , dissented from the Court's decision striking down the Act. For Alito, the ruling had "[broken] sharply from a long line of cases recognizing that the right to free speech does not protect false factual statements that inflict real harm and serve no legitimate interest." "The Stolen Valor Act [of 2005]," Alito wrote, "represents

8640-539: 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

8748-439: 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

8856-461: The judgment of the people's elected representatives that false statements about military awards are very different from false statements about civilian awards... [the Act] is a narrow law enacted to address an important problem, and it presents no threat to freedom of expression." The decision received praise on constitutional grounds from across the political spectrum. The First Amendment Center called

8964-573: 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

9072-689: The medal in an attempt to protect the valor of legitimate recipients. A 6–3 majority of the Supreme Court agreed that the law was unconstitutional and violated the free speech protections under the First Amendment . Despite reaffirming the opinion that was previously issued by the Ninth Circuit , it could not agree on a single rationale. Four justices concluded that a statement's falsity is not enough, by itself, to exclude speech from First Amendment protection. Another two justices concluded that while false statements were entitled to some protection,

9180-774: The members of such forces." In the 18 months after the act was enacted, the Chicago Tribune estimated there were twenty prosecutions. The number increased as awareness of the law spread. The Act was passed to address the issue of persons claiming to have been awarded military awards to which they were not entitled and exploiting their deception for personal gain. For example, as of June 2, 2006, there were only 120 living Medal of Honor recipients, but there were far more known imposters. There were also large numbers of people fraudulently claiming to be Navy SEALS and Army Special Forces , among others. The Orders and Medals Society of America (OMSA), an organization of collectors, opposed

9288-678: 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

9396-525: 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

9504-427: 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

9612-629: 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"

9720-502: 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

9828-463: The profound sacrifices of military personnel the Stolen Valor Act purports to honor," Blackburn wrote. "To suggest that the battlefield heroism of our servicemen and women is motivated in any way, let alone in a compelling way, by considerations of whether a medal may be awarded simply defies my comprehension." Attorney Chris Beall, who filed an amicus curiae brief on behalf of the ACLU of Colorado, said

9936-591: 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

10044-510: 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

10152-532: 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

10260-431: 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

10368-664: 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

10476-721: 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

10584-634: 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

10692-472: The traditional view. The traditional view holds that only certain varieties of speech are exempt from standard constitutional scrutiny such as fraud, fighting words , defamation, incitement (including to a “ clear and present danger ”), and speech attendant to the commission of a crime. Judge Diarmuid O'Scannlain dissented from the denial of rehearing arguing that false representations are not per se entitled to First Amendment protection. On October 17, 2011,

10800-410: 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

10908-499: The version of the bill that passed. OMSA was concerned about the changes to 18 USC that in its judgment implied that any movement or exchange of medals was illegal. Rick Strandlof, founder of Colorado Veterans Alliance, was accused of seeking to raise funds for that organization by posing as Marine Captain "Rick Duncan" and claiming to have received a Silver Star and Purple Heart in the Iraq War. In January 2010, he challenged

11016-420: The wide applicability of the Stolen Valor Act of 2005. "The Act by its plain terms," Kennedy wrote, "applies to a false statement made at any time, in any place, to any person". Such breadth means that the law is "sweeping... [the] reach of the statute puts it in conflict with the First Amendment... the statute would apply with equal force to personal, whispered conversations within a home." When balanced against

11124-470: 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

11232-454: Was convicted of misappropriation of public funds, grand theft , and insurance fraud in 2009 and sentenced to five years in state prison, and was discharged in March 2012 from Calipatria State Prison . In 2012, an effort was initiated to revise the Stolen Valor Act of 2005 to comply with the decision from the Supreme Court. The result was the Stolen Valor Act of 2013 . This revised version of

11340-435: 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

11448-479: 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

11556-580: 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

11664-443: 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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