Congress – Chapter 11

AP U.S. Government & PoliticsMr. S. Kolesar, 3/2008

The Ultimate Power Broker?

“First Branch” of American gov’t

Power of the purse Can pass a law

over exec. veto Can expand or

contract the appellate jurisdiction of the Supreme Court

Congress v. Parliament

Candidates elected through primaries, little party influence

Less powerful – people select the executive Free to express views and vote as they wish Principal daily work = representation & action

(mostly in committees)

Membership & loyalty through national party organizations

Majority party controls gov’t, i.e. – selects prime minister etc…

All party members vote together – won’t get re-nominated if you don’t

Principal daily work = debate

Congress v. Parliament

Independent Decent salary, up to 22 staffers, “franking privilege”,

large office budgets More concerned with own constituencies and careers Decentralized institution

Lack of independence Poorly paid, tiny staff, tiny budgets More concerned with party activities Centralized institution

The Evolution of Congress

Founders created a bicameral (two-house) legislature

Balance between large & small states

HOR elected directly by the people

Senate chosen by the state legislatures

Adjusted by Constitutional Amendment

Senators were elected by state

legislatures.

In 1913, the 17th Amendment led to the direct election of Senators (1913)

Increased voters’ power and

reduced corruption in

Senate

Senators were elected by state

legislatures.

In 1913, the 17th Amendment led to the direct election of Senators (1913)

Increased voters’ power and

reduced corruption in

Senate

Evolution of Congress

Periods of strong central leadership

Current trend towards decentralizing decision-making and enhancing the power of the individual member

Ex. HOR all-powerful speaker or ?

HOR size creates issues in balancing power

Evolution of Congress

The Senate size avoids some of the HOR issues

Easier to balance interests

Fixed size per state, not effected by the census

Filibuster – prolonged speech, or series of speeches designed to delay action is a part of the history of unlimited debate in the Senate

House History: Six Phases

1. The Powerful House - 1st 3 administrations2. The Divided House – 1830’s through

Reconstruction, divisive issue of slavery produced no true majorities or leadership in the House

3. The Speaker Rules - 1880’s to 19104. The House Revolts – 1910-1960’s, the speaker

loses power to committees5. The Members Rule – 1960’s to 1990’s,

committee chairs lost power (not on seniority), individuals gained positions and power

6. The Leadership Returns – 1990’s to ? – Increased power back to the speaker, reduction in # of committees

Major Differences Between the House and Senate

Major Differences Between the House and Senate

• Larger body 435 members• Based on Population• Shorter term = 2 years• Smaller constituencies

• elected from districts• Younger membership• Less prestige• Lower visibility in news

media• Congressmen

or Representatives• At least 1 rep. per state• Elected by popular vote• Called the “lower house”• $174,000— 27th Amendment

• Smaller body 100 members• Equal Representation• Longer term 6 years

-continuous body• Larger constituencies

-elected from entire state• Older membership• More prestige• Higher visibility in news• Called Senators• 2 Senators per state• Chosen by state congresses until

17th Amendment---popular vote• Called the “upper house”• $174,000---27th Amendment

House of RepresentativesHouse of Representatives SenateSenate

differences

Powers only given to the House of Representatives.

Bring charges of impeachment.Elects President if there is no majority in the

Electoral College.Elects its own officers.Judges the qualifications and disciplines its

membership. Expel or censure members of the House.

The Constitution directs Congress to

•Apportion or distribute the seats among the states in the HOR based on their POPULATIONS.

•Every state is required to have one representative in the HOR.

•Congress has changed the number of seats in the HOR as the nation has grown.

• 65 Seats in 1789 to 1793• Increased to 106 from 1794 to 1800

• 142 seats from 1801 to 1810• 186 seats from 1811 to 1820

• By 1912, 435 seats

Article 1 of the Constitution directs Congress to

Reapportion or redistribute the seats in the HOR after each decennial census….

Reapportionment Act of 1929Permanent size of the House is 435 members

Census Bureau conducts a decennial census and reapportions the seats each state should have.

Submitted to the President, sends it to CongressBoth Houses have 60 days to approve it…..

• If neither rejects the plan, it becomes effective.

CO9 (8+ 1)

MT3

GA15

(13+2)

• Total Representatives = 535• Senate = 2 per state = 100• House of Representatives = 435• Parenthesis show + or – changes

NV5 (4+ 1)C

A 55 (53+ 2)

TX 34 (32+ 2)

OK7 (8-1)

AZ10

(8+2)

WI10 (11-1)

WI

FL

FL 27(25+2)

MS

MS 6(7-1)

NY 31 (33-2)

NY

PA

IL 21(22-1)

CT7(8-1)

MI 17 (18-1)

MI

IN11

(12-1)

OH 20(21-1)

NC 15(14+1)

SITS AS JURY DURING IMPEACHMENT

ELECTS V.P. IF NO MAJORITY IN ELECTORAL COLLEGE

RATIFIES TREATIES AND APPOINTMENTS

ELECTS OWN OFFICERS

JUDGES THE QUALIFICATIONS AND DISCIPLINES ITS

MEMBERSHIP

Who is in Congress?

Typical member = middle-aged, white male protestant lawyer

See chart on page 289 Trend = growth towards

diversity (women, Hispanics, African-Americans), more in the HOR than the Senate, but still underrepresented as %’s of total population.

Who is in Congress?

Incumbency Professional politicians No term limits – 1995

HOR approved constitutional amendment – died in the Senate

Approximate 90% rate of incumbent re-election rate

Who is in Congress?

Marginal districts – winner gets less than 55% of the vote

Safe Districts – winner gets more than 55% of the vote

HOR trend = more towards safe districts

Why? Familiar name, party, franking, re-districting

Who is in Congress?

Party 1933-1998 – 33

Congresses (a new Congress convenes every 2 years)

Democrats controlled both houses in 25, and at least 1 house in 28

Who is in Congress?

Why? Redistricting by Democratically controlled state leg., incumbency privileges, better, more-experienced candidates

1990’s changes Why? Mess in D.C.,

scandals, corruption, anti-professional politician attitude, redistricting, etc…

Do Members Represent Their Voters?(& the three theories)

1. Representational View – members want to get reelected and vote to please constituents. Big on hot issues, (civil rights, social welfare, gun control, abortion). Constituents often split on key issues.

2. Organizational View – Not essential to please constituents, as most do not know how their rep has voted, but important to please fellow members of Congress. Typically party-line voting, or through info from committees, etc…

3. Attitudinal View – So many conflicting views that they cancel each other out. Reps then vote on the basis of their own beliefs. Liberal v. Conservative, Democrats are more ideologically divided.

The Organization of CongressThe Senate

Senate Majority party

chooses the president pro tempore (requirement by Constitution for a presiding officer in absence of the V.P.)

President Pro TemporeRobert C. ByrdDemocrat, West Virginia

The Organization of CongressThe Senate

Majority Leader Schedule business Right to be recognized 1st in any floor

debate Serve additional needs of senators

Minority leader Serve the needs of the party Mitch McConnell (Kentucky)

Whip Party leader who makes certain that

party members are present & vote the way of the party

Richard Durbin (Illinois) http://www.senate.gov/pagelayout/

senators/a_three_sections_with_teasers/leadership.htm Majority Leader

Harry ReidDemocrat, Nevada

The Organization of CongressThe Senate

Policy committees – chosen by both parties help schedule Senate biz

Dems – Steering Comm. Repubs. – Committee on

Committees Both assign senators to

standing committees Huge for BOTH

individual senators & their constituents

The Organization of CongressThe Senate

Party control helps determine what issues get to the floor for a vote

Party leadership also helps set the ideological and regional balance of the committee members

The Organization of CongressThe House

Party structure similar to that of the Senate

Leadership is more powerful due to rules due to size (435) Debate restricted Strict scheduling of

business Speaker elected by

majority party Current – Dem. Nancy

Pelosi

The Organization of CongressThe House

Duties of the speaker Presides over all house meetings Decides who is recognized to speak on the floor Rules on relevance Decides (generally) the committees to which new bills

shall be assigned Influences what bills will be voted on Appoints members of special/select committees Nominate the majority-party members of the rules

Committee Informal – patronage jobs, office space, etc…

The Organization of CongressThe House

Majority Leader The Majority Leader is the

second-ranking official in the United States House of Representatives.  Congre-ssman Steny Hoyer, who represents Maryland's Fifth Congressional District, was elected House Majority Leader by the Democratic Caucus on November 16, 2006.

Minority Leader Whips See chart on page 300

(Wilson) for Party Leadership Structure of Congress

See diagram on page 301 for the layout of the U.S. Congress

Party Unity

Party polarization – a vote in which a majority of voting Democrats oppose a majority of voting Republicans

Seemingly the norm in the House & Senate

Ex Clinton’s impeachment

Partisanship

Caucuses

Caucus – an association of members of Congress created to advocate a political ideology or a regional or economic interest.

Members benefits: Gaining information I.D. as a “leader” Showing concern over

the issues

Caucuses

6 Types of caucuses1. Intraparty – members

share a similar ideology Ex. Dem Study Group

2. Personal Interest – form around a common interest on an issue Ex. Human Rights

3. Constituency Concerns, National – established to represent certain groups

Vietnam Veterans

Caucuses

6 Types of caucuses4. Constituency Concerns,

Regional – to represent regional concerns Ex. Sunbelt Council

5. Constituency Concerns, state/district – to represent states/districts Ex. Suburban

6. Constituency Concerns, industry – to represent certain segments of biz Ex. Steel

The Committee System

“Most important” organizational feature of the House and the Senate

Chairmanship, power, number & jurisdiction are all key components of (sub)committees

3 Types of committees1. Standing – permanent bodies with specific legislative

responsibilities2. Select – groups appointed for a limited purpose,

usually lasting a few Congresses.3. Joint – both representatives & senators serve

Ex. Conference comm. – to resolve differences in the Senate & House versions of the same piece of legislation before passage.

The Committee System

Majority party typically takes the majority of committee seats, & name the chairman.

Ratios of members are (usually) similar to that in Congress

The Committee System

Standing committees are the most important – only ones that can (typically) propose legislation by reporting a bill to the floor.

House members usually serve on 2 standing committees & 4 subcommittees

Limited to one if you serve on an “exclusive” committee (Appropriations, Rules, Ways & Means)

Senators usually serve on two major and 1 minor committee & 7 subcommittees

The Committee System

Chairs are typically picked by seniority

Committee rules for the House & Senate are on pages 306 & 307 (Wilson)

Goals were to increase power of individual members at the expense of party leaders

Pros v. Cons ?????

The Organization of CongressStaffs an Specialized Offices

1998 – Average Rep. 17 assistants

Average Senator 40+ assistants

Huge personal staffs + committee & research staffs = huge bureaucracy

The Organization of CongressStaffs an Specialized Offices

Tasks Constituent Requests

Answering mail Sending out

newsletters Meeting w/ voters Devising proposals Negotiating

agreements Organizing hearings Drafting reports Meeting with lobbyists

The Organization of CongressStaffs an Specialized Offices

In district or D.C.? Legislators have offices

in BOTH Loyal to their “boss” Increasing relied upon

by their “bosses” Results in staff to staff

relations Results in

depersonalization of Congress

The Organization of CongressStaffs an Specialized Offices

Staff Agencies Work for Congress as a

whole Examples –

General accounting Office (GAO) – 5,000 employees, head appointed by President

Congressional Research Service (CRS) – 900 employees, politically neutral

How a Bill Becomes a Law

USG_How_A_Bill_Becomes_A_Law.ppt

Or See pages 312-313 (Wilson)

Miscellaneous Facts About – How a bill Becomes a Law

“All bills for raising revenue shall originate in the House”

Most bills die in committee A bill may be examined by several

committees at one time – multiple-referral Speaker of the House may send the bill to a

2nd committee, or parts to separate committees – sequential referral

House uses several calendars for consideration of bills while the Senate uses only one.

Misc.Facts About – How a Bill Becomes a Law

A bill on a calendar does not assure action House – (Powerful) Rules Committee governs this process

Closed rule – sets time limits on debate & forbids amendment except by sponsoring committee

Open rule – permits amendments from the floor Restrictive rule – permits some amendments but not

others Bypassing the Rules committee

A member moves that rules be suspended 2/3 vote to approve

Discharge petition is filed “Calendar Wednesday” procedure

Bills stalled in committee can be “discharged” to the full floor House – discharge petition – 218 members sign to get

the bill out of committee then the house vote on that petition

Senate – a member can move for discharge, and the Senate votes on the motion

Misc.Facts About – How a Bill Becomes a Law

Senate Bills may be considered at any time in any order by

Senate majority Majority leader sets the calendar with consultation

from the minority leader. Senate floor Debate No limits on debate Amendments can be offered at any time Amendments do not have to be relevant to the bill Cloture rule – to end or limit debate (to end a

filibuster) – 16 senators petition 3/5th’s of Senators must vote for it.

Limits debate to 1 hour per senator Double tracking allows the senate to set aside the

filibustered bill and work on other issues “to keep the process going”

Misc.Facts About – How a Bill Becomes a Law

House Quorum – minimum number of members who

must be present to conduct business = 100 members

Committee of the Whole – whoever happens to be on the floor. Can not pass a bill, but recommends it in its final

form to the House for action. Amendments are allowed, but must be germane

to the purpose of the bill – no riders allowed Bills usually passed in this form though

Methods of Voting

House1. Voice vote – shout

yea or nay2. Division vote –

members stand and are counted

3. Teller vote – pass between two tellers, one yea, one nay, and names may be recorded

4. Roll-call vote – answer yea or nay to your name. Electronically recorded.

Conference Committees

To reconcile a bill passed in the House & Senate in different forms

3-15 members from each house, picked by chairman of standing committees

Legislation is often substantially rewritten

Conference Committees

Report from the committee is sent back to both houses for immediate review

It can be accepted or rejected, but not amended

Majority – accepted Alternative – no bill

at all for that session of congress

Reducing Power & Perks

Pork-barrel legislation Bills that give tangible

benefits to constituents in hopes of winning their votes

Franking privilege Earmarks See chart on page 322

(Wilson) for rules on congressional ethics

Senators and representatives are paid a salary of $174,000 a year.

Certain members, Speaker of the House and the Senate’s president pro tem, are paid more.Constitution says that Congress fixes its own

“compensation.” Check and balance: President’s veto and fear of

voter backlash against a pay increase.27th Amendment: Congress can give itself a

pay raise but takes affect after the next congressional elections.

Fringe Benefits “Perks” a benefit awarded to

Congressmen because of their public service.

suite of officesexpense accounts

money to set up office in home district phone & computer & broadcast

services

Fringe benefits -- money for travel for members of Congress and their staff to home state or districtFranking privilege -- free postal service on mail to constituents

Fringe Benefits Low-cost health care Low-cost life insurance Generous pension plan Free research service at Library of Congress Low-cost meals at special dining rooms

Members of Congress are immune (protected) from arrest for noncriminal offenses while engaged in congressional

business.

More importantly, the Speech and Debate Clause (Article I, Section 6,

Clause 1) protects representatives and senators from suits arising from their

official conduct.

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Freedom From Arrest

Constitution grants Freedom from arrest while

traveling to and from legislative sessions.

This includes minor traffic violations, jury duty, and civil

suits (not serious crimes).

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Freedom of expression

“protected speech” Congressmen cannot be

prosecuted or sued for libel or slander for speeches made in committees or on

the floor of CongressOr for what is printed in the Congressional Record.

! &*X#X!!

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Penalties for Misconduct•Censure: officially declaring disapproval of a member•Expulsion: removing a member from Senate and HOR.