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Congress

2015

How is Congress different from Parliament?

• Elections– In most parliaments the party determines who

the candidate will be – Officials are very loyal to the party because if

they upset the party they won’t be on the ballot in the next election

– In the USA the candidate is chosen by the people (primaries)

How is Congress different from Parliament?

• In parliaments the executive (Prime Minister) and various cabinet officers are chosen by the majority party.

• In USA the executive is separate from the Legislative branch

How is Congress different from Parliament?

• Individuals in Congress have much more power (start bills, franking, confirmation)

• Members of parliament have very little power.

How is Congress different from Parliament?

• Congress is made up of people chosen to represent the state and district.

• Parliament represents their party

• Members or Congress are more concerned with their own constituents and their careers than their party.

• Make sure you read the evolution of Congress

Population of USA from Census Bureau (2010

abstract)

• As of 2009, 82% of HR is male and 18% is female.

• 83% of Senate is Male 17% is female

• Male 49% • Female 51%

Congress 2009

Population of USA from Census Bureau (2010

abstract)

• The Senate is 1% African American and the House is approximately 9.6% African American

• the Senate is 3% Hispanic and the House is approximately 5% Hispanic

• White population 66%• Black 13%• Hispanic 15%

Congress 2009

House of Representatives(435 seats)

• Party Divisions (Feb. 8, 2015)• 247 Republicans • 188 Democrats• 0 Independents

• 0 vacancies

Proportional Representation Means…

• Representation is based on population

• The more populated states get more members of the House

• No state can have fewer than 1• A census is taken every 10 years for

the purpose of Reapportionment

Reapportionment after 2000 census

Minnesota House Districts

Kansas HR Districts

Indiana

Nebraska’s Congressional

Districts

Lee Terry

Jeff Fortenberry

Adrian Smith

• Marginal District: Where a winner gets less than 55% of the vote.

• Safe District: Where the winner gets more than 55% of the vote

• In the 1960’s 60% of the HR districts were safe

• in the 1980’s 90% of the House districts are “safe”

• In 2008, 2/3rd of the Senators won with 60% of the vote.

Why have House Districts become safer for incumbents?

• Free mail, travel at taxpayers expense, get their name in the news more, name recognition

• Secure funds and programs to help their districts

• Districts are drawn in a way that benefits a particular party.

Senate Today100 seats

Party Divisions

(as of September (Feb. 8, 2015)

54 Democrats

• 44 Republicans

• 2 Independent (lean left)

Representation in the Senate is based on

• Equal representation

• Review the “Great Compromise”

Theories on how members of Congress Behave

• Representational– Vote to please their constituents because they want to

get re elected– A congressman with a large African American

population will likely vote for a civil rights law.– Gun rights (South Dakota Congressman would most

likely vote for it.– Generally there isn’t any correlation between voter

opinion and Congressional votes on issues that people don’t have a strong opinion (foreign relations) or issues that are split in the district (abortion)

– Often time public opinion isn’t strong or is split.

• Organizational– Based on the assumption that since most

constituents do not know how their legislator has voted, it is not essential to please them.

– When constituency opinions are not at stake Congress gets their cues from their colleagues.

– The principle cue is his or her party– The party a member belongs explains more

about his or her voting record more than any other single factor

– If the party doesn’t have a clear position on a policy then a Congressperson might look at the committee members from your party who dealt with the particular bill.

– May look to other Congress members with similar views as you.

– If it is a matter that effects your state then you may take your cue from other members of your states delegation (Senators and Representatives from your state)

• Ellsworth Air force Base

• Attitudinal– That there are so many conflicting pressures

on members of Congress that they cancel each other out, leaving them virtually free to vote their own beliefs.

– Ideology of a member effects how he or she votes.

– Many tend to be consistently liberal or conservative on both domestic and foreign policy.

– On many issues the average member of the HR has opinions close to the average voter

– However, the Senate are less in tune with public opinion. (more liberal or conservative)

Ideology in Congress• Members of Congress are more sharply

divided by political ideology than they once were.

• Since 1998 Congress is more divided on ideological and partisan lines.

• Are also more divided than the average voter so it is harder to reach a consensus and less likely to negotiate.

Party Unity

• Party Polarization: When Democrats and Republicans vote opposite on most bills.

• In Congress The parties seem to take the extreme sides on issues where the public takes more moderate stances– Example: Abortion – Most Americans support but with some important

restrictions (health of mother, age, etc)– Congress: Democrats support with no restrictions

and Republics oppose for all reasons

House voting with Party (2008-10) From Washingtonpost.com

• These scores represent the percentage of votes on which a lawmaker agrees with the position taken by a majority of his or her party members. The scores do not include missed votes. All lawmakers who served during this congress are included.

• Party Voting Averages • Democratic (236 members)

– 92.3%

• Republican(205 members) – 85.4%

• All Members(441 members)– 89.1%

Senate voting with party (2008-10)

• These scores represent the percentage of votes on which a lawmaker agrees with the position taken by a majority of his or her party members. The scores do not include missed votes. All lawmakers who served during this congress are included.

• Party Voting Averages • Democratic (49 members)

– 87.3%• Republican(49 members)

– 81.4%• All Members (100 members)

– 84.4%

• HR Voting with party

• Senate Voting with party

Some theories why is Congress becoming more partisan

• Most House districts are not competitive so the only election that matters in that district is the primary. – Primary turnout is lower and usually the more

ideological voters participate. • Around 10% (?)

– This means that those on the extremes will have a better chance of getting elected.

• Voters have become more partisan and Congress has followed suit.

• Party does make a difference in Congress.

• Not nearly as much as it does in parliament but party affiliation is the most important thing to know about a member.

• Knowing the party of a member will not tell you all you need to know, but it will tell you more than any other single factor.

Organization of the Senate

• Vice President– Presiding officer – Can only vote in a tie breaker– Can’t introduce legislation

• President Pro Tempore (Pres Pro Tem)– Largely honorary position– Required by Constitution– Presiding officer when VP isn’t present– Given to majority party member with most

seniority

Senate• Majority Leader

• Whip – Senator that helps the party stay informed

about what party members in the Senate are thinking.

– Helps to round up votes.

Senate Majority Leader

Mitch McConnell (Rep) Kentucky

Senate Minority Leader

Harry Reid (Dem) Nevada

Vice President

Joe Biden (D)

Tie breaking votes

President Pro Tempore

. Orrin Hatch(R-UT),

Richard Durbin

Minority Whip                     From Illinois

Assumed office January 7, 1997

Majority WhipJohn Cornyn, TX

South Dakota Senators

John Thune (Rep)

Mike Rounds (Rep)

Organization of the House of Representatives

• Speaker of the House– Chosen form majority party– Principle leader of the majority party– Presiding office of the entire House

• Majority Leader– Floor leader from the majority party– Typically becomes the speaker when the

person in that position dies or retires

• Minority Leader• Whip

John Boehner Republican Ohio

Speaker of the House

House Majority LeaderEric Cantor (Virginia)

Majority Whip

• Kevin McCarthyof California

Nancy Pelosi (Dem) California

Minority Leader

House Minority WhipSteny Hoyer (Maryland)

South Dakota Representative

Kristi Noem

(Republican)

Congressional Committees

• Standing Committees– More or less permanent bodies with specific

legislative responsibilities– These are the most important type – They can propose legislation by reporting it to

the full HR or Senate– Usually each HR member is on 2 and each

Senator is on 2 “major” committee and 1 “minor” committee.

• Select Committee– groups appointed for a limited purpose and

only last for a few congresses

• Joint Committee– Have both members of the HR and Senate– Most important one is the “Conference

Committee”

• Committee Chairpersons always come from the majority party

• There will always be more majority party members in each committee.

• Senate Committees

• House Committees

• Most work of Congress gets done at the committee level.

Congressional Caucuses• An association of members of Congress created

to advocate a political ideology or a regional or economic interest.

• List of caucuses • Personal interest Caucus

– Common interest like environment, the arts, etc.

• Constituency caucuses– Established to represent certain groups (Vietnam

Vets, African Americans etc)

• Intraparty Caucuses– Coalition and are often moderate (Blue Dog

Democrats)

Staff Agencies

• Congressional Research Service (CRS)– Provides information to members on

Congress– It is politically neutral– It provides facts and doesn’t recommend

policy– Also keeps track of every major bill and

produces summaries for each bill introduced

• General Accounting Office (GAO)– Produced financial audits of money spent– It also investigates agencies and policies and makes

recommendations on almost every aspect of government

• Defense contracts, Drug enforcement policy, FBI, etc.

• Congressional Budget Office (CBA)– Advises Congress on the likely economic effect of

different spending programs and provides information on the cost of proposed policies.

– Provides an analyses of the President’s budget and economic projections (These economic projections are often different from the Presidents)

Bill to law

• Vote-smart explanation

Introducing a Bill

• Only by members of Congress

• Public Bill– Pertaining to public affairs)

• Private Bill– Pertaining to a particular individual– Example: seeking special permission to

become an American citizen

• Simple Resolution– Passed by either HR or Senate– Used to establish rules that each body will operate

• Concurrent resolution– Settles housekeeping and procedural matters that

affect both houses

• Joint Resolution– Requires the approval of both houses and signature

of the President– Is essentially the same as a law.– Constitutional Amendment proposals are joint but

don’t require the President to sign them.

After the bill is introduced it is referred to committee

• Sequential Referral– The speaker refers a bill, or parts of a bill, to different

committees.• Committees are where most of the work of Congress

gets done• Committees do the following

– Hold Hearings – Change the bill (majority vote) known as “mark up”– Pass or kill the bill (majority vote)

• Discharge Petition: Signed by 218 members of the HR that will move a bill to floor debate and vote even if the committee is opposed to the bill

• Very rarely ever happens (only a couple of dozen times in the last century)

• Easier to do this in the Senate but still rarely ever happens

House Rules Committee

• After a bill makes it past the HR committee but before it goes to the floor

• Closed rule– A strict time limit on debate and forbids

amendments being added on the floor

• Open rule– Allows amendments on the floor

• Restrictive Rule– Permits some amendments but not others.

Bill then goes to the floor of Congress

• One the floor the following can happen:– Debate the bill– Change the bill (majority vote to change)– Pass or kill the bill (majority to pass)

House of Representatives

• “Committee of the Whole” (HR)– Whoever is present– Can debate and change the bill

• Quorum– Majority of members (218 in HR)– Needed to pass the bill

Senate Debate

Filibusters

• Traditional

• Double Track Legislation

• Cloture Rule

Famous Filibusters

• During the 1930s, Senator Huey P. Long effectively used the filibuster against bills that he thought favored the rich over the poor. The Louisiana senator frustrated his colleagues while entertaining spectators with his recitations of Shakespeare and his reading of recipes for "pot-likkers." Long once held the Senate floor for fifteen hours

Famous Filibusters

• South Carolina's J. Strom Thurmond who filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957.

• He read recipes and names out of a phone book for part of the time.

After a bill passes both houses• Conference committee• Floor votes • President

– Sign– Veto

• Overriding a veto • 96% of vetoes don’t get overridden

– Do nothing• Becomes law after 10 days• Pocket veto: If congress adjourns before those ten

days are up

Congressional Spending

Congressional Fiscal Powers

• Congress has all monetary powers

• Tax, Borrow, Spend

• “Power of the Purse”

• Mandatory spending

• Discretionary Spending

Government Spending

National debt

• As of today

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