Chapter 6
Congress
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American Government2006 EditionTo accompany the Essentials Edition
O’Connor and Sabato
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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.
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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 Congressional members must be legal
residents of their states.
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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.
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Constitutional Powers of Congress The authority to
make laws is shared by both chambers of Congress.
No bill 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 – impeachment Senate – treaties, presidential
appointments
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Constitutional Powers of Congress 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.
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How Congress is Organized
New Congress is seated every two years. Elect new leaders
Each house has a hierarchical leadership structure.
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The 109th Congress
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The House Speaker
Presides over House Official spokesperson for the House Second in line of presidential succession 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) Dennis Hastert – current speaker
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Other House Leaders Majority Leader
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 Elected leader of the party with the second
highest number of elected representatives in the House of Representatives or the Senate
Whips Party caucus or conference
A formal gathering of all party members
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The Senate The Constitution specifies the vice
president 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) 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
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The Senate
Senate rules give tremendous power to individual senators. Offering any kind of amendment filibuster
Because Senate is smaller in size organization and formal rules have not played the same role as in the House.
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Key Differences Between the House and Senate
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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.
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Committees of the 109th Congress (with a Subcommittee Example)
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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
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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: 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
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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.
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A Day in the Life of a Member of Congress
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Running for Office and Staying in Office
Incumbency 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
1980 to 1990, an average of 95 percent of incumbents who sought reelection won their primary and general election races.
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Congressional Demographics Members tend to be
Better educated than the population in general All but three are college graduates; over 2/3’s have
advanced degrees. Richer
170 are millionaires; 21 Senators are worth at least 3.1 million. 29 House members worth that much as well.
Male White Average age is 60 for Senators; 54 for House
members. Adam Putnam (R-FL) elected in 2000 at age of 25.
Still the youngest member of Congress.
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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
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How Members Make Decisions
Party Divided government
Constituents Colleagues and Caucuses
Logrolling (vote trading)
Interest Groups, Lobbyists, and PACS Staff and Support Agencies
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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.
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How a Bill Becomes Law
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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
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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,
placed on calendar (but not budget bills) Rules limit debate and determine what kind, if any,
amendments 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.
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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.
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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.
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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.
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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.
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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
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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.