The Legislative Branch

“Your representative owes you, not his industry only, but his judgment; and he betrays instead of serving you if he sacrifices it to your opinion.”

—Edmund Burke (1729-1797)

Congress

Representative body

Law-making body

Virginia Plan New Jersey Plan

Connecticut Compromise

Differences Between the House and Senate

HOUSE SENATE

Minimum age 25 years 30 years

U.S. Citizenship At least 7 years At least 9 years

Length of term 2 years 6 years

Number per state Depends on population:

1 per 30,000 in 17891 per 690,000 today

2 per state

Constituency Tends to be local Both local and national

The Electoral Connection

Getting elected Achieving influence in Congress Making good public policy

Members of Congress are faced with three primary goals:

“Specifically, I shall conjure up a vision of United States congressmen as single-minded seekers of reelection, see what kinds of activities and goals that implies, and then speculate about how congressmen so motivated are likely to go about building and sustaining legislative institutions and making policy”

—David Mayhew,Congress: The Electoral Connection (1974)

The Candidate-Centered Campaign

Separation of powersBicameralismFederalism

1. THE INSTITUTIONAL FRAMEWORK1. THE INSTITUTIONAL FRAMEWORK

What factors have influenced the rise of the What factors have influenced the rise of the candidate-centered campaign?candidate-centered campaign?

2. POLITICAL CULTURE2. POLITICAL CULTURE

3. CAMPAIGN TECHNOLOGY3. CAMPAIGN TECHNOLOGY

4. POLITICAL CLIMATE4. POLITICAL CLIMATE

President

House

Senate

0 4 8 12 16 20 240 4 8 12 16 20 24

0 2 4 6 8 10 12 14 16 18 20 22 240 2 4 6 8 10 12 14 16 18 20 22 24

4 10 16 224 10 16 22

1/3 of the Senate is

elected every two

years by voters within

each state

The entire House is

elected every two years by voters within

each congressional

district

The president is

elected every four

years by the Electoral

College

Presidential election years draw in higher turnout.

Midterm congressional elections have lower rates of voter turnout.

2 8 14 202 8 14 20

0 6 12 18 240 6 12 18 24

4 10 16 224 10 16 22

SenateSenate1/3 of the Senate is

elected every two

years by voters within

each state

HouseHouse0 2 4 6 8 10 12 14 16 18 20 22 240 2 4 6 8 10 12 14 16 18 20 22 24The entire

House is elected every two years by voters within

each congressional

district

PresidentPresident0 4 8 12 16 20 240 4 8 12 16 20 24The

president is elected

every four years by the

Electoral College

Holding elections in this way—using different timetables and different constituencies— separates the electoral fortunes of members of Congress from one another, and does little to encourage teamwork in campaigning.

2 8 14 202 8 14 20

0 6 12 18 240 6 12 18 24

The Candidate-Centered Campaign

Separation of powersBicameralismFederalism

1. THE INSTITUTIONAL FRAMEWORK1. THE INSTITUTIONAL FRAMEWORK

What factors have influenced the rise of the What factors have influenced the rise of the candidate-centered campaign?candidate-centered campaign?

2. POLITICAL CULTURE2. POLITICAL CULTURE

3. CAMPAIGN TECHNOLOGY3. CAMPAIGN TECHNOLOGY

4. POLITICAL CLIMATE4. POLITICAL CLIMATE

If conditions favor individuals over parties, which individuals benefit most?

Incumbents

The institution of Congress accommodates needs of its members remarkably well… Incumbency provides visibility Congressional privileges (e.g., franking)

allows members to advertise their issue positions back home

Political power is decentralized The seniority system ensures that the

value of an incumbent appreciates over time

Electoral success requires little “zero-sum” conflict between members

19641966

19681970

19721974

19761978

19801982

19841986

19881990

19921994

19961998

20002002

20042006

0

100

200

300

400

0

Number defeated Number reelected

Incumbent House Members Running for Reelection, 1964-2006

With reelection rates so high, does this mean that Mayhew is wrong? Do members of Congress still have to make reelection their primary goal?

Incumbent House Members Running for Reelection, 1964-2008

19641966

19681970

19721974

19761978

19801982

19841986

19881990

19921994

19961998

20002002

20042006

20080

100

200

300

400

0

Number defeated Number reelected

Reelection Rates of House and Senate Incumbents, 1946-2008

19461948195019521954195619581960196219641966196819701972197419761978198019821984198619881990199219941996199820002002200420062008

50

60

70

80

90

100

Percent reelected

House Senate

Candidate-centered

campaigns

CONSEQUENCES?

Incumbent advantage

Consequences?• Congress as a whole

is unpopular, but incumbents can usually weather the storm.

• What makes a member of Congress popular at home often involves them acting contrary to the national interest.

Confidence in American Institutions, 2010

Source: CNN/USA Today/ Gallup poll, July 8-11, 2010.

"I am going to read you a list of institutions in American society. Please tell me how much confidence you, yourself, have in each one--a great deal, quite a lot, some, or very little?"

The militarySmall business

The policeThe church

Medical systemThe presidencySupreme CourtPublic schools

Criminal justice Newspapers

Television newsBanks

Organized laborHMOs

Big businessCongress

0 10 20 30 40 50 60 70 80

Percent responding "great deal" or "quite a lot"

Confidence in American Institutions, 2009

Source: CNN/USA Today/ Gallup poll, June 14-17, 2009.

"I am going to read you a list of institutions in American society. Please tell me how much confidence you, yourself, have in each one--a great deal, quite a lot, some, or very little?"

The militarySmall business

The policeThe church

The presidencySupreme CourtPublic schools

Medical systemCriminal justice

NewspapersTelevision news

BanksOrganized labor

HMOsCongress

Big business

0 10 20 30 40 50 60 70 80 90

Percent responding "great deal" or "quite a lot"

Congressional Approval, 1974-2010

“Do you approve or disapprove of the way Congress is handling its job?”

1974

1975

1976

1978

1986

1990

1992

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010 10

20

30

40

50

60

70

80

90

Pe

rcen

t resp

on

din

g "a

pp

rove

"

Americans are far more

favorable towards their own member

of Congress

Congressional Approval, 1974-2006

“Do you approve or disapprove of the way Congress is handling its job?”

1974

1975

1976

1978

1986

1990

1992

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

10

20

30

40

50

60

70

80

90

Percent responding "approve"

Americans are far more

favorable towards their own member

of Congress

Trust in Government

What’s Wrong with Congress?Congress: It Doesn’t Work. Let’s Fix It.Kick the Bums OutThe Best Congress Money Can Buy

Can the public’s distrust of Congress be blamed on the electoral system?

Should We Enlarge the U.S. House of Representatives?

At first there was 1 member of the House of Representatives for every 30,000 American citizens. Today, with a current population of 300 million, that ratio has increased to about 1:690,000.If we were to restore the original ratio between the House of Representatives and their constituents, it would require increasing the size of the chamber from 435 members (where it has been locked since 1911), to 10,000 members.

Has political representation been diluted by

population growth?

Reapportionment, as Defined by the U.S. Constitution

ARTICLE 1, Section 2, Clause 3: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative;

Redrawing District Lines

What is Apportionment?Apportionment (or reapportionment), is the process of distributing seats for a legislative body among different sectors of the country by creating constituencies. Typically, this is done proportionally to the population in the individual sectors to prevent unequal representation among different constituencies. In the United States, for example, the 435 seats in the House of Representatives are allotted proportionately between the states, who then create districts for House members to run in.

Malapportionment is broad and systematic variance in the size of electoral constituencies resulting in disproportionate representation for a given voter.

Source:Source: http://en.wikipedia.org/wiki/Apportionment http://en.wikipedia.org/wiki/Apportionment

Redrawing District Lines What is gerrymandering? 

Gerrymandering is a term that describes the deliberate rearrangement of the boundaries of congressional districts to influence the outcome of elections.  

Where did gerrymandering come from?The original gerrymander was created in 1812 by Massachusetts governor Elbridge Gerry, who crafted a district for political purposes that looked like a salamander.  

What is the purpose of gerrymandering?The purpose of gerrymandering is to either concentrate opposition votes into a few districts to gain more seats for the majority in surrounding districts (called packing), or to diffuse minority strength across many districts (called dilution).  

How has Congress regulated redistricting?In 1967, Congress passed a law requiring all U.S. representatives to be elected from single member districts in the system we use today. Congress in 1982 amended the Voting Rights Act to protect the voting rights of protected racial minorities in redistricting. Within those laws, states have great leeway to draw districts, which often leads to gerrymandering.

Source:Source: http://www.fairvote.org/redistricting/gerrymandering.htm http://www.fairvote.org/redistricting/gerrymandering.htm

Cracking and Packing

Redrawing the balanced electoral districts in this Redrawing the balanced electoral districts in this example creates a guaranteed 3-to-1 advantage example creates a guaranteed 3-to-1 advantage in representation for the blue voters as 14 red in representation for the blue voters as 14 red voters are voters are packedpacked into the light green district into the light green district and the remaining 18 are and the remaining 18 are crackedcracked across the 3 across the 3 remaining blue districts.remaining blue districts.

SourceSource: http://en.wikipedia.org/wiki/Gerrymandering: http://en.wikipedia.org/wiki/Gerrymandering

Maptitude® for Maptitude® for RedistrictingRedistricting is is a special edition a special edition of Caliper of Caliper Corporation’s Corporation’s Maptitude GIS for Maptitude GIS for Windows that Windows that includes includes everything you everything you need to build and need to build and analyze analyze redistricting redistricting plans. As you plans. As you assign area assign area features to a features to a district, the district, the district district boundaries are boundaries are redrawn and redrawn and selected selected attributes are attributes are automatically automatically summarized to summarized to reflect the reflect the district’s district’s characteristics characteristics

Redistricting Software

The Texas Redistricting Case

Gerrymandering based Gerrymandering based solely on race has been solely on race has been ruled unconstitutional by ruled unconstitutional by the U.S. Supreme Court. the U.S. Supreme Court. However, partisan However, partisan gerrymandering remains gerrymandering remains legal.legal.

Some argue that Lay’s Some argue that Lay’s plan strengthened the plan strengthened the GOP majority in the House GOP majority in the House by as many as 5 seats.by as many as 5 seats.

Racial Gerrymandering

The unusual “earmuff” shape of the 4th Congressional District of Illinois connects two Hispanic neighborhoods while remaining continuous by narrowly tracing Interstate 294.

SourceSource: http://en.wikipedia.org/wiki/Gerrymandering: http://en.wikipedia.org/wiki/Gerrymandering

The Fight Over North Carolina’s 12th Congressional

District

District lines District lines have been have been redrawn several redrawn several times in times in response to legal response to legal challenges.challenges.

Gerrymandering based Gerrymandering based solely on race has been solely on race has been ruled unconstitutional by ruled unconstitutional by the US Supreme Court the US Supreme Court under the Fourteenth under the Fourteenth Amendment, first by Amendment, first by Shaw Shaw v. Renov. Reno (1993) and (1993) and subsequently by subsequently by Miller v. Miller v. JohnsonJohnson (1995). Partisan (1995). Partisan gerrymandering remains gerrymandering remains legal.legal.

Rotation in Office

Washington, D.C. in the 19th century was described as a “swampy, mosquito-infested, rural outpost.”

A Term Limits Amendment?

Section A. No person shall serve in the office of U.S. Representative for more than three terms, but upon ratification of the Term Limits Amendment no person who has held the office of U.S. Representative or who then holds the office shall serve for more than two additional terms.Section B. No person shall serve in the office of U.S. Senator for more than two terms, but upon ratification of the Term Limits Amendment no person who has held the office of U.S. Senator or who then holds the office shall serve more than one additional term.Section C. This article shall have no time limit within which it must be ratified by the legislatures of three-fourths of the several States.

RespondentsRespondents YesYes NoNo

Total sampleTotal sample 61%61% 21%21%

By partyBy party RepublicanRepublican 6464 2828 DemocratDemocrat 6060 3030 IndependentIndependent 5858 3333

By ideologyBy ideology Liberal Liberal 5858 3434 ModerateModerate 6464 3030 Conservative Conservative 6363 2929

By raceBy race White White 6161 3131 BlackBlack 6161 2727

By genderBy gender MenMen 5757 3535 WomenWomen 6363 2727

““Do you think there should Do you think there should be a limit to the numberbe a limit to the numberof times a member ofof times a member of

the House of Representatives the House of Representatives can be elected to a two-can be elected to a two-

year term?”year term?”

Public Opinion on Term Limits

Approve Disapprove No opinion0

10

20

30

40

50

60

70

80

Percen

t respo

nd

ing Do you approve or disapprove of a constitutional

amendment to limit the number of terms whichmembers of Congress and the U.S. Senate canserve?

Do you think your U.S. representative in yourcongressional district deserves to be reelected ornot?

The Citizen-Legislator

Joe the Plumber

More Representative is Not Necessarily Better

“If these reforms were put into place, would the public suddenly love Congress? We do not think so. Certain reforms, such as campaign finance reform, may help, since they would diminish the perception that money rules politics in Washington. But the main reason the public is disgruntled with Congress and with politics in Washington is because they are dissatisfied with the processes intrinsic to the operation of a democratic political system - debates, compromises, conflicting information, inefficiency, and slowness. This argument may seem odd on its face, so in the next few paragraphs we provide our interpretation of why the public questions the need for democratic processes.”

Congress as a Lawmaking Body

• In the way it conducts the people’s business; • In the way congressional norms and procedures

are set; • In the way the committee system allocates power

and responsibility; • In the way laws are passed;

Because of the electoral needs of its members, Congress is characterized by individualism and decentralization. We see this:

Clearly, these electoral incentives have consequences for Congress as a lawmaking body.

TrusteeDelegate

Politico

How should members of Congress behave?

Patrick Leahy on the Northeast Dairy Compact

“Dairying in Vermont is more than a job or an industry.  It is a way of life.  Vermont’s landscape is defined by the green pastures and silos that dot the hills.  Our agricultural economy depends on the hundreds of millions of dollars dairy farmers bring to the state every year.  We all need to ensure that dairying is not only a part of Vermont’s past, but a vital part of Vermont’s future. Our dairy farms, however, will not be able to survive unless they can receive a fair price for the milk they produce.  I remain a strong proponent of the Northeast Dairy Compact, the single best tool for getting a fair price for milk out of the market, not from the government.  I will also continue to oppose over consolidation in the dairy processing industry.  Consumers and farmers benefit when there is competition in our dairy markets.”

The Debate Over Earmarks

Total spending in FY07 = $2.8 trillion

Individual Responsiveness vs. Collective Responsibility

• Increasingly, we have seen the insulation of members of Congress from national political forces—which makes it harder and harder to unseat incumbents once they are elected into office.

• Candidate-centered campaigns allow members to escape responsibility for Congress’ performance as an institution.

• As the electoral fates of Congress and the president diverge, so does their incentive to cooperate to get things done.

• The fragmentation of the legislative process and the committee system often lead to gridlock.

What kind of political representation is produced by American electoral politics and how does that representation influence the laws Congress enacts?