CongressCongress

The Constitution and the Legislative Branch of the Government

Article I describes structure of Congress Bicameral legislature

Divided into two houses Each state sends two Senators regardless of

population. Number of representatives each state sends to

the House is determined by state population.

The Constitution and the Legislative Branch of the Government

Constitution sets out requirements for membership in the House and Senate House – 25 years of age; reside in U.S. at least 7

years; serve 2 year terms Directly elected, thus more responsible to the

people Senate – 30 years of age; reside in U.S. at least 9

years; serve 6 year terms ; originally chosen by state legislators, until 17th Amendment (1913)

Congressional members must be legal residents of their states.

The Representatives and Senators The Job

Salary of $174,000 (2009) with retirement benefits. Who sets their salary? ($193,400 for leaders, $223,500 for the Speaker)

Office space in D.C. and at home and staff to fill it.

Travel allowances and franking privileges. Often requires 10 to 14 hour days, lots of

time away from the family, and lots of pressure from different people to “do the right thing.”

The Representatives and Senators

Who is in Congress? The House has become less male and

less white Membership in Congress became a

career Incumbents still have a great electoral

advantage But in 1994, voters opposed incumbents

due to budget deficits, various policies, legislative-executive bickering, and scandal – Republicans took control!

In 2006, the Democrats regained control of Congress

Congressional Demographics Members tend to be

Better educated than the population in general Ninety-five percent are college graduates; over 2/3’s have

advanced degrees. Richer

Nearly 200 are millionaires; 21 Senators are worth at least 3.1 million. 29 House members worth that much as well.

Male White Average age is 63 for Senators; 57 for House members. Aaron Schock (R-IL) elected in 2008 at age of 27. George LeMieux (R-FL) and Kirsten Gillibrand (D-NY) are the

youngest Senator (40 & 42). Both were appointed Occupations: No longer overwhelmingly lawyers

214 members (182 Representatives and 33 Senators) list their occupation as public service/politics

204 (152 Representatives and 51 Senators) list law 201 (175 Representatives and 27 Senators) list business

Blacks, Hispanics, and Women in Congress, 1971-2006 – Trends?

Actual numbers, not percentages.

For the 111th Congress (2009), the breakdown is:

Women – 92Afr. Amer. – 43Hispanic - 28

The Representatives and Senators111th Congress

House Senate

257 57178 40

2

360 8375 17

8 342 125 3360 93

Apportionment and Redistricting

Apportionment Proportional process of allotting

congressional seats to each state following the ten year census

Redistricting Redrawing of congressional districts to

reflect increases or decreases in seats allotted to the states, as well as population shifts within a state

1929: House size fixed at 435.

Congressional Elections Who Wins Elections?

Incumbent: Those already holding office.

Percentage of Incumbents Reelected to Congress

Harold W. Stanley and Richard G. Niemi, Vital Statistics on American Politics, 1999-2000 (Washington, D.C.: Congressional Quarterly Press, 2000), table 1-18; 2004 updated by Marc Siegal.

Incumbents in Congress Reelected by 60 Percent or More

Congressional Elections

The Advantages of Incumbents Advertising:

The goal is to be visible to your voters. Frequent trips home & newsletters are used.

Credit Claiming: Service to individuals in their district. Casework: specifically helping constituents get

what they think they have a right to. Pork Barrel: federal projects, grants, etc. made

available in a congressional district or state.

Congressional Elections The Advantages of Incumbents

Position Taking: Portray themselves as hard working, dedicated

individuals. Occasionally take a partisan stand on an issue.

Weak Opponents: Most opponents are inexperienced in politics. Most opponents are unorganized and underfunded.

Campaign Spending: Challengers need to raise large sums to defeat an

incumbent. PACs give most of their money to incumbents. Why? Does PAC money “buy” votes in Congress?

Running for Office and Staying in Office

Incumbency – Another Look The fact that being in office helps a person stay

in office because of a variety of benefits that go with the position Name recognition Access to free media Inside track on fund-raising District drawn to favor incumbent creating Safe Seats

1980 to 1990, an average of 95 percent of incumbents who sought reelection won their primary and general election races.

Incumbency

Congressional Elections The Role of Party Identification

Most members represent the majority party in their district.

Defeating Incumbents Some incumbents face problems after a

scandal or other complication in office. They may face redistricting. (ex. Texas

gerrymandering) They may become a victim of a major

political tidal wave. (Watergate, or 1994)

Congressional Elections Open Seats

Greater likelihood of competition, although in some districts it may only be in the primary. Why?

Stability and Change Incumbents provide stability in Congress. Change in Congress occurs less

frequently through elections. Are term limits an answer?

How Congress is Organized

The House 435 members, 2

year terms of office.

Policy Specialists Initiates all

revenue bills, more influential on budget.

House Rules Committee

Limited debates.

The Senate 100 members, 6

year terms of office.

Policy Generalists Gives “advice &

consent”, more influential on foreign affairs.

Unlimited debates. (filibuster)

American Bicameralism–Bicameral: Legislature divided into two houses.

The 109th Congress - Senate

The United States Senate 2009

House of Representatives – 2005-2006

Party Membership by District 2009 House of Representatives

The Evolution of Congress

The intent of the Framers: To oppose the concentration of power in

a single institution To balance large and small states

Bicameralism

They expected Congress to be the dominant institution

Organization of the House

Historically, power struggles have occurred between members and leadership

1994 brought changes: Committee chairs hold positions for only

6 years Speaker limited to 8 years How can these changes be reversed?

Organization of the House – Post-1994

Reduced the number of committees and subcommittees

The Speaker dominated the selection of committee chairs

The Speaker set the agenda (Contract with America) and sustained high Republican discipline in 1995

Evolution of the Senate

The Senate escaped many of the tensions encountered by the House

The major struggle in the Senate was about how its members should be chosen; 17th amendment (1913)

The filibuster is another major issue: restricted by Rule 22 (1917), which allows a vote of cloture

Define filibuster and cloture

How Congress is Organized

New Congress is seated every two years. Elect new leaders

Each house has a hierarchical leadership structure.

How Congress is Organized to How Congress is Organized to Make PolicyMake Policy

The House– Led by Speaker of the

House - elected by House members.

– Presides over House.– Major role in

committee assignments and legislation.

– Assisted by majority leader and whips.

The Senate– Officially led by Vice

President.– Really led by Majority

Leader- chosen by party members.

– Assisted by whips.– Must work with

Minority leader.

Congressional Leadership Summary – Who are they?

The House of Representativeswww.house.gov Speaker

Presides over House Official spokesperson for the House Second in line of presidential succession (Others?) House liaison with president Great political influence within the chamber

Henry Clay, first powerful speaker (1810) Joe Cannon (1903-1910), was so powerful, that a

revolt emerged to reduce powers of the speakership.

Newt Gingrich (1995) Nancy Pelosi – current speaker, first woman speaker

Other House Leaders Majority Leader (Steny Hoyer, D-Md)

Elected leader of the party controlling the most seats in the House or the Senate

Second in authority to the Speaker—in the Senate, is the most powerful member

Minority Leader (John Boehner – Ohio) Elected leader of the party with the second highest

number of elected representatives in the House of Representatives or the Senate

Whips (Eric Cantor, R-VA, James Clyburn, D-SC) Party caucus or conference

A formal gathering of all party members

Party Structure in the House - Summary

Speaker of the House is leader of majority party and presides over House

Majority leader and minority leader: leaders on the floor

Party whips keep leaders informed and round up votes

Committee assignments and legislative schedule are set by each party

The Senatewww.senate.gov

The Constitution specifies the vice president (Joe Biden) as the presiding officer of the Senate. He votes only in case of a tie.

Official chair of the Senate is the president pro tempore (pro tem), currently Robert Byrd, D-WV Primarily honorific Generally goes to the most senior senator of the

majority party Actual presiding duties rotate among junior

members of the chamber True leader is the majority leader, but not as

powerful as Speaker is in the House

Party Structure in the Senate

President pro tempore presides; this is the member with most seniority in majority party (a largely honorific office)

Leaders are the majority leader (Harry Reid, D-NV) and the minority leader (Mitch McConnell, R-KY), elected by their respective party members

Party Structure in the Senate Party whips: keep leaders informed,

round up votes, count noses (Jon Kyl, R-AZ, Dick Durbin, D-IL)

Each party has a policy committee: schedules Senate business, prioritizes bills

Committee assignments are handled by a group of Senators, each for their own party

The Senate Senate rules give tremendous power

to individual senators. Offering any kind of amendment even if

not germane Filibuster

Because Senate is smaller in size organization and formal rules have not played the same role as in the House.

Committee System Standing Committees

Continue from one Congress to the next—bills referred here for consideration

Joint Committees Includes members from both houses of Congress,

conducts investigations or special studies Conference Committees

Joint committee created to iron out differences between Senate and House versions of a specific piece of legislation

Select (or special) Committees Temporary committee appointed for specific purpose,

such as conducting a special investigation or study

How Congress is Organized to Make Policy

The Committees and Subcommittees The Committees at Work: Legislation and

Oversight Committees work on the 11,000 bills every

session. Some hold hearings and “mark up” meetings. Oversight involves hearings and other

methods of checking the actions of the executive branch.

As the size of government grows, oversight grows too.

How Congress is Organized to Make Policy

The Committees and Subcommittees Getting on a Committee

Members want committee assignments that will help them get reelected, gain influence, and make policy.

New members express their committee preferences to the party leaders.

Support of the party is important in getting on the right committee.

Parties try to grant committee preferences.

Committee Practices

The number of committees has varied; significant cuts in number of House committees in 1995, and in the number of House and Senate subcommittees

Majority party has majority of seats on the committees and names the chair

How Congress is Organized to Make Policy

The Committees and Subcommittees Getting Ahead on the Committee: Chairs

and the Seniority System. The chair is the most important position for

controlling legislation. Chairs were once chosen strictly by the

seniority system. Now seniority is a general rule, and

members may choose the chair of their committee.

Role of Parties in Organizing Congress

Parties and their strength have important implications in Congress. Committees are controlled by the

majority. Committees set the agenda. All committee chairmen are from

the majority party. Why is this important?

The Organizational Structure of 109th Congress

Committees

Committees are the most important organizational feature of Congress

Consider bills or legislative proposals Maintain oversight of executive

agencies - Examples Conduct investigations – Examples

Congressional Committees

Committee Membership Members often seek assignments to

committees based on Their own interests or expertise A committee’s ability to help their

prospects for reelection Pork/ earmarks: legislation that allows

representatives to bring home the “bacon” to their districts in the form of public works programs, military bases, or other programs designed to benefit their districts directly.

Access to large campaign contributors

Committee Chairs These individuals have tremendous power

and prestige. Authorized to select all subcommittee chairs Call meetings Recommend majority members to sit on

conference committees Can kill a bill by not scheduling hearings on it Have staff at their disposal

Seniority vs. loyalty to the party in the House

Seniority still important in the Senate Both chambers have term limits for chairs.

How Congress is Organized to Make Policy

Caucuses: The Informal Organization of Congress Caucus: A group of members of Congress

sharing some interest or characteristic. Caucuses pressure for committee

meetings and hearings and for votes on bills.

Caucuses can be more effective than lobbyists.

Congressional Caucuses

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

Intra-party caucuses: members share a similar ideology

Personal interest caucuses: members share an interest in an issue

Constituency caucuses: established to represent groups, regions or both

Congressional Caucuses

How Congress is Organized to Make Policy

Congressional Staff Personal staff: Work for the member.

Mainly providing constituent service, but help with legislation too.

Committee staff: organize hearings, research & write legislation, target of lobbyists.

Staff Agencies: CRS, GAO, CBO provide specific information to Congress.

Congressional Support Agencies

Congressional Staff

Constituency service is a major task of members’ staff

Legislative functions of staff include devising proposals, negotiating agreements, organizing hearings, and meeting with lobbyists and administrators

Members’ staff consider themselves advocates of their employers

The Growth in Staffs of Members and Committees in Congress, 1930-2000

Constitutional Powers of Congress The authority to make

laws is shared by both chambers of Congress.

No bill (a proposed law) can become a law without the consent of both houses.

Each chamber also has special, exclusive powers as well.

Other shared powers Declare war Raise an army and navy Coin money Regulate commerce Establish the federal courts and

their jurisdiction Establish rules of immigration

and naturalization Make laws necessary and proper

to carrying out the powers previously listed

Special powers House – origin of revenue bills,

impeachment, (but Senate tries) Senate – treaties (2/3 vote),

presidential appointments

Table 7.1

Constitutional Powers of Congress – Other Lawmaking Groups Presidents can issue

proclamations and executive orders with the force of law.

Bureaucrats issue quasi-legislative rules

Supreme Court and lower federal courts render opinions that generate principles that also have the force of law.

The Congressional Process Legislation:

Bill: A proposed law. Anyone can draft a bill, but only members

of Congress can introduce them. More rules in the House than in the Senate. Party leaders play a vital role in steering

bills through both houses, but less in the Senate.

Countless influences on the legislative process.

The Congressional Process How a Bill Becomes a Law (Figure 12.2)

How a Bill Becomes A Law

Only members of the House or Senate can submit a bill.

Once a bill is introduced: usually a dead end. Of about 9,000 or so bills introduced

during a session of Congress, fewer than 10 percent make it into law.

System of multiple vetoes; power is dispersed as the Framers intended. Explain.

How a Bill Becomes Law

How are the House and Senate different?

How a Bill Becomes a Law: Textbook Version

Introduction (sponsorship) Sent to clerk of chamber

Bill printed, distributed, and sent to appropriate committee or committees (referred by Speaker in House)

Committee refers bill to one of its subcommittees Subcommittee researches bill and decides on

hearings Hearings provide opportunity for both sides of issue to

voice their opinions Bill then revised in subcommittee and vote is taken If vote is positive, the bill is returned to full

committee Full committee either rejects bill or sends it to House

or Senate floor with a recommendation (special note: Discharge petition – 218 signatures)

How a Bill Becomes a Law: Textbook Version Next stage of action takes place on the floor In House, goes to Rules Committee, given a

rule (open, closed, restrictive), placed on calendar (but not budget bills) Rules limit debate and determine what kind,

if any, amendments (germane) are allowed House may choose to form a Committee of

the Whole Allows for deliberation with only 100

members present On the floor, bill debated, amendments

offered, and a vote taken If bill survives, it is sent to the Senate for

consideration—if it was not considered there simultaneously.

How a Bill Becomes a Law: Textbook Version In the Senate, bill may be held up by:

A hold – a tactic by which a senator asks to be informed before a particular bill is brought to the floor.

A filibuster – a formal way of halting action on a bill by means of long speeches or unlimited debate on the Senate. Cloture: Mechanism requiring sixty

senators to vote to cut off debate.

Riders and Christmas trees How could stealth bombers end up

attached to a National Parks bill?

How a Bill Becomes a Law: Textbook Version

Third state of action takes place when the two chambers of Congress approve different versions of the SAME bill.

Conference committee Returns to each chamber for final vote. If it

does not pass in each chamber it dies. If bill passes, it is sent to the

president.

How a Bill Becomes a Law: Textbook Version

President can either sign it or veto it. The president has 10 days to consider a bill. Four options:

Can sign the bill, at which point it becomes law. Can veto the bill; congress can override the veto

with a 2/3 vote in each chamber. Can wait the full ten days, at the end of which

time the bill becomes law without his signature IF Congress is still in session.

If Congress adjourns before the ten days are up, the president can choose not to sign the bill. The bill is then pocket-vetoed. Bill would have to be reintroduced and go through

the entire process again in order to become a law.

The Congressional Process Presidents and Congress: Partners

and Protagonists Presidents have many resources to

influence Congress (often called the “Chief Legislator”). What are they?

In order to “win” in Congress, the president must win several battles in each house.

Presidential leadership of Congress is at the margins and is most effective as a facilitator.

Congress and the President

Constitution envisioned that Congress and the president would have Discrete powers One branch would be able to hold the other in

check. Since the 1930s, the president has had the

upper hand. But Congress still has ultimate legislative

authority to question executive actions and Congress can impeach and even remove

him from office.

Shifting Balance of Power Congressional Oversight

Congressional review of the activities of an agency, department, or office

Foreign Affairs Oversight War Powers Act

Passed by Congress in 1973: Limits the president in the deployment of troops overseas to a sixty day period in peacetime unless Congress explicitly gives its approval for a longer period.

Confirmation of Presidential Appointments The Impeachment Process

The Eight Stages of the Impeachment Process

Congress and the Judiciary

Congress exercises its control over the judiciary in several ways Can establish the size of the Supreme

Court, its appellate jurisdiction, and the structure of the federal court system

Senate also has the authority to accept or reject presidential nominees for the federal courts Senatorial courtesy: process by which

presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs.

The Congressional Process Party, Constituency, and Ideology

Party Influence: Party leaders cannot force party members to vote a particular way, but many do vote along party lines.

Constituency versus Ideology: Most constituents are uninformed about their member. It is difficult for constituents to influence their member, but on controversial issues members can not ignore constituents.

How Members Make Decisions

Party Divided government

Constituents Colleagues and Caucuses

Logrolling (vote trading)

Interest Groups, Lobbyists, and PACS Staff and Support Agencies

Theories of Representation Trustee

Role played by elected representatives who listen to constituent’s opinions and then use their best judgment to make final decisions

Delegate Role played by elected representatives who vote

the way their constituents would want them to, regardless of their own opinions

Politico Role played by elected representatives who act

as trustees or as delegates, depending on the issue

Member Behavior – Another Look

Representational view: members vote to please their constituents, in order to secure re-election

Organizational view: where constituency interests are not vitally at stake, members primarily respond to cues from colleagues

Attitudinal view: the member’s ideology determines her/his vote

The Congressional Process

Lobbyists and Interest Groups There are several thousand lobbyists

trying to influence Congress - the bigger the issue, the more lobbyists will be working on it.

Lobbyists can be ignored, shunned and even regulated by Congress.

Ultimately, it is a combination of lobbyists and others that influence members of Congress.

Understanding Congress

Congress and Democracy Leadership and committee assignments

are not representative. Congress does try to respond to what the

people want, but some argue it could do a better job.

Members of Congress are responsive to the people, if the people make clear what they want.

Understanding Congress

Congress and Democracy Representation versus Effectiveness

Congress is responsive to so many interests that policy is uncoordinated, fragmented, and decentralized.

Congress is so representative that it is incapable of taking decisive action to deal with difficult problems.

Defenders argue because Congress is decentralized, there is no oligarchy to prevent comprehensive action.

Understanding Congress

Congress and the Scope of Government The more policies Congress works on,

the more ways they can serve their constituencies.

The more programs that get created, the bigger government gets.

Everybody wants government programs cut, just not their programs.

Post 9-11 Congress 9-11 Commission recommended

Congress make fundamental changes in how it oversees agencies involved in intelligence-gathering and counter-terrorism

Congress passed some of those proposals after some opposition in both parties

What is next for Congress?

Summary of the November 7, 2006

United States Senate election results

You want to be popular?

Why the drop in pork-barrel spending in 2007?

The End