Congress

Chapter 11

Facts About Congress

• Current Congress: 112th• Members in Congress: 535 VOTING

members– 250 Democrats– 288 Republicans– 2 Independents (Vermont, Connecticut)

• Women in Congress: 92 – House - 75, Senate - 17

• Speaker of the House – John Boehner

What are we going to discuss…

• Structure and Organization of Congress• Different Congressional Leaders (Party

Leaders, Whips, etc.) and their roles• What is the role of committees in Congress?• How a bill becomes a law• Rules and Etiquette of Congress• Differences between House and Senate• Pork-Barrel Legislation

In the Beginning…

• Great Compromise called for a bicameral legislature

• The Constitution outlines the powers of Congress (Article I, Section 8)…let’s review

House of Representatives• Directly elected - Closer to the people• 435 Representatives• Based upon state population• Larger states have more representation

o People in larger states are more equally represented

• Nonvoting Delegates (DC, Puerto Rico, Guam, Virgin Islands, American Somoa)

• Census• Apportionment• Reapportionment

• Sole right to ORIGINATE revenue-related legislation

• Power of impeachment (the power to formally charge)

Senate• Originally elected by State Legislatures• 17th Amendment - Senators Directly Elected• 100 Members - 2 Senators per state

o  All states represented equally• Six-Year term w/ 1/3 of seats up for reelection every two

years.• Act as a court to try impeachments (Chief Justice of

Supreme Court presides)– 2/3 votes necessary for conviction

• Power of consent and approval of major presidential appointments (justices, ambassadors, cabinet posts)

• Power of consent and approval of treaties– 2/3 votes necessary

Characteristics of the 2 Houses

House of Representatives• 435• Formal/Rigid Rules• Hierarchically Organized• Acts more Quickly• Concentrated Power• Smaller Constituencies• Less Prestige• Limited Debate• One major Committee

Assignment• Bills of Revenue

Senate• 100• Less Formal/Rigid Rules• Less Hierarchically

Organized• Acts more Slowly• Power Less Concentrated• Larger Constituencies• More Prestige• Unlimited Debate• 2 or 3 major Committee

Assignments• Advise and Consent

Powers of Congress

• Delegated (enumerated) Powers• Implied Powers• Nonlegislative Powers

Delegated/Enumerated Powers

• Borrowing Power• Power to Tax• Commerce Power• Currency Power• Bankruptcies• War Powers• Other Powers

o Patentso Weights and Measureso Acquire Territory

Implied Powers

• Powers not stated specifically in the Constitution

• Elastic Clause - "necessary and proper"• Powers must be based on Delegated Powers

Non-legislative Powers• Impeachment

o Removal of federal officials for "treason, bribery, or other high crimes and misdemeanors."

o House may impeach by majority vote of memberso Senate tries impeachment trial presided over by

the Chief Justice.  2/3 vote to remove guilty official

• Oversight & Investigationo Investigating the executive branch policieso Subpoenao Authorizationo Appropriation

Membership of Congress• Congress is older, better educated, whiter, and

richer than most of us.

• Can a man represent a woman?

• Can a white person adequately represent the views of a black person?

• Congressional Demographics (112th Congress)• http://www.congress.org/congressorg/directory/demo

graphics.tt?catid=all

Party Leadership in the House• Leadership in the House of Representatives

o Speaker of the House (John Boehner-R) Most important member of Congress Member of the Majority Party Usually high in seniority Rules on questions of procedure Channels bills to committees Presides over House debates If the Speaker does not call on a member,

he/she cannot say anythingo Floor Leadero Majority Leader (Eric Cantor-R)o Minority Leader (Nancy Pelosi – D)o Whip (Steny Hoyer-D, Kevin McCarthy-R)

Party Leadership in the Senate• Leadership in the Senate

o Vice President Casts deciding vote in case of a tie

o President pro tempore (Daniel Inouye-D) Acts as leader of the Senate in Vice President's

absence Majority Party

o Majority Leader (Harry Reid-D) Most influential member of the Senate Speaks first on the floor Power in committee assignments

o Minority Leader (Mitch McConnell)o Whip (Richard Durbin-D, John Kyl-R)

Weaker than their House counterpart since Senators have longer terms and are less tied to their party

Committee System• Types of Committees

o Standing (permanent committees)o Select (temporary; created to discuss issues, ex:

situation in Egypt/Middle East)o Joint (includes members from both Houses)o Conference (members from both Houses meet to

resolve issues over a particular bill)• Committee Assignments

o Ratio of parties in the committee mirrors parties in the house

o Usually what is best for the stateo Mediao Personalityo Party Connections

Standing Committees

House CommitteesAgricultureAppropriationsArmed ServicesBanking and Financial ServiceBudgetCommerceEducation and the WorkforceGovernment ReformHouse AdministrationInternational RelationsJudiciaryResourcesRulesScienceSmall BusinessStandards of Official ConductTransportation and InfrastructureVeterans AffairsWays and Means

Senate CommitteesAgriculture, Nutrition, and ForestryAppropriationsArmed ServicesBanking, Housing, and Urban AffairsBudgetCommerce, Science, and TransportationEnergy and Natural ResourcesEnvironment and Public WorksFinanceForeign RelationsGovernmental AffairsHealth, Education, labor, and PensionsIndian AffairsJudiciaryRules and AdministrationSmall BusinessVeterans Affairs

Congressional Caucuses

• Informal Groups (task force, study group)• Discuss issues• Advocate for a political ideology• Plan legislative strategies• Both Representatives and Senators• Belong to more than one Caucus

Support Agencies

• Library of Congress (LOC) • Congressional Budget Office (CBO)• General Accounting Office (GAO)• Government Printing Office (GPO)

Controversial Issues

1. Seniority System2. Incumbents3. Term Limits4. Apportionment

1. Seniority Systemo Members with the highest seniority are given

chairmanship over committeeso Problems

Ignores ability Discourages younger members Can lead to committee chair who is out of touch

with public opiniono Defenders of seniority

Easy to apply Eliminates fighting within the party Experienced member is the chair Protects chair from party influence

2. Incumbentso Incumbent – person currently holding an

officeo Basis of seniorityo Raising money is easier for incumbentso Name recognitiono Free Publicityo Franking Privilegeo Remind constituents of their work for their

districts

1. What year had the lowest reelection rate? Why?

2. What do you think happened between 1990 and 1992?

1. Why are senators less secure when discussing incumbency rate?

3. Term Limits

Pro• Keeps incompetent people from

getting elected• Democracy fails if offices are not

rotated• Congress would get new ideas

from new members

Con• Force experienced lawmakers to

resign• Democracy is maintained as

long as citizens vote• Term limits are unconstitutional

4. Apportionment• Malapportionment –

unequal representation

• Gerrymandering – corrupt political practice of reapportioning districts to create a political advantage

Gerrymandering

The earmuff shape of Illinois's 4th congressional district connects two Hispanic neighborhoods while remaining contiguous by narrowly tracing Interstate 294.

Aided by computer, California District 38 was produced by incumbent gerrymandering, as home to Grace Napolitano, a Democrat, who ran unopposed in 2004.

Shaw v. Reno• Shaw v. Reno (1993)- majority decision ruled that a

North Carolina district that meandered 160 miles from Durham to Charlotte was an example of “political apartheid”

Review1. How many members are there in Congress?2. Which party has the most women and

minorities serving in Congress?3. Can a bill proposing an increase in general

revenue service charges originate in the Senate?

4. In what section of the Constitution can the enumerated powers of Congress be found?

5. What amendment gives Congress the power to tax a person’s income?

The question of what powers are appropriate for Congress

has generated substantial controversy

Analysis of court cases handout and discussions

Grouping Court Cases

Think about the court cases you analyzed.Using the smart board, drag them under the

correct heading

Prepare for House Floor Debate