American Government and Politics: Deliberation, Democracy, and Citizenship

Chapter ThirteenCongress

Chapter Thirteen: Learning Objectives

• Explain the difference between the delegate and trustee theories of representation and how the members of the Congress were expected to combine elements of both

• Detail the most important differences between the House and Senate

Chapter Thirteen: Learning Objectives

• Describe the constitutional powers of Congress

• Explain the importance of political parties and committees to the structure and functioning of Congress

Chapter Thirteen: Learning Objectives

• Describe the process by which a bill becomes a law

• Detail the major functions of Congress and explain their importance

• Analyze the power of the reelection incentive to mold behavior in Congress

Chapter Thirteen: Learning Objectives

• Discuss the performance of Congress as a deliberative, representative, ethical, and accountable institution

• Evaluate the contribution of Congress to deliberative democracy in the United States

Introduction

Congresspersons face many challenges and one of those is time.

Many are concerned that Congresspersons do not have enough time to be deliberative in the legislative process.

Introduction

Two theories of representation

1. Delegate

2. Trustee

The framers combined elements of both theories in designing Congress.

Constitutional Structure and Powers

What is the structure of Congress?

What are the constitutional powers of Congress?

What are the purposes of bicameralism and separation of powers?

Constitutional Structure and Powers

Congress is bicameral, which means that it consists of two chambers – the House of Representatives and the Senate.

By creating a bicameral legislature, the framers hoped to curb the branch’s dominance.

International Perspectives

Bicameralism throughout the world

The number of bicameral legislatures around the world is increasing.

Many countries have found benefits to bicameralism as it may allow for better deliberation.

Constitutional Structure and Powers: The House and Senate

House• Number of

representatives based on population

• Direct election by the citizens

• Two year terms

Senate• Each state has an

equal number of senators

• Originally elected by state legislatures

• Six year terms

Constitutional Structure and Powers: The House and Senate

House• Work divided through

committees

• Power found in leadership

• More centralized control

Senate• Members are

generalists

• Power spread more evenly

• Less centralized control

Constitutional Structure and Powers: The House and Senate

Pablo Martinez Monsivais/AP Photo

Constitutional Structure and Powers:Constitutional Powers

Constitutional powers include

1. Lawmaking

2. Impeaching and removing public officials

3. Expelling members

Constitutional Structure and Powers:Constitutional Powers

Constitutional powers include

4. Expelling members

5. Ratifying treaties and confirming appointments

6. Proposing constitutional amendments

Constitutional Structure and Powers: Congress and the Other Branches

In what ways does Congress check the actions of the other branches of government?

Why are these checks important?

Pledges and Promises

The Congressional Oath and the PATRIOT Act

Members of Congress take an oath before they begin service. During the debate over the PATRIOT Act, some congresspersons referred to that oath.

Congressional Organization

What is the role of political parties in Congress?

Should political parties have much influence in Congress? Why or why not?

Congressional Organization: Party Control

The majority party in each chamber controls the legislative agenda and gets to select the chairmen of all committees and subcommittees.

As Lee Hamilton has stated, “party status affects pretty much everything.”

Congressional Organization: Party Control

Divided government occurs when the presidency and at least one chamber of Congress are controlled by different parties.

What are some advantages or disadvantages to divided government?

Congressional Organization:Party Control

Source: Office of the Clerk of the House of Representatives, "Party Divisions" at www.clerk.house.gov/art_history/house_history/partyDiv.html; U.S. Senate, "Party Divisions in theSenate" at www.senate.gov/pagelayout/histoyr/one_item_and_teasers/partydiv.htm.

Congressional Organization:Party Leaders

House• Speaker

• Majority Leader

• Minority Leader

• Whips

Senate• President

• President Pro-Tempore

• Majority/Minority Leaders

• Whips

Congressional Organization:Committees

Types of committees

1. Standing (often have subcommittees)2. Special (or select)3. Joint4. Conference

Congressional Organization:Congressional Staff

Most congressional staff work for individual members of the House and Senate, although committees hire staffers.

Does congressional staff help or hinder deliberation?

How a Bill Becomes a Law: Origins of Bills

Congress follows a two-year cycle which begins during the January after a congressional election.

Ideas for legislation come from many places including legislators, the White House, executive agencies, and interest groups.

How a Bill Becomes a Law: Origins of Bills

Four forms of legislation

1. Bills2. Companion bills3. Joint resolutions4. Concurrent and simple resolutions

How a Bill Becomes a Law: Committee Stage

After a piece of legislation is introduced, it goes through the referral process.

While in committee and subcommittee, legislation typically goes through markup.

If a bill survives the committee stage, it will be ready to go to floor deliberation.

How a Bill Becomes a Law: Consideration by the Full Body

In the House, the Rules Committee determines the rule of debate, such as open rules and closed rules.

In the Senate, holds, filibuster, cloture, riders, and the unanimous consent agreement are used.

How a Bill Becomes a Law: Beyond the Floor

To become law, bills must pass both chambers in the exact form.

Presidential action includes

• Signing legislation• Vetoing legislation (may be overridden)• Exercising a pocket veto

The Functions of Congress

Besides making laws, what does Congress do?

Source: Norman J. Ornstein, Thomas E. Mann and Michael J. Malbin, Vital Statistics on Congress2001-2002 (Washington, AEI Press, 2002); Resumes of Congressional Activity, at www.senate.gov/pagelayout/reference/two_column_table/Resumes.htm.

The Functions of Congress:Overseeing the Administration

How does Congress provide oversight?

1. Reviews agencies when executive branch wants to renew authority for programs

2. Annual budget review assesses performance

The Functions of Congress:Overseeing the Administration

How does Congress provide oversight?

3. Standing committees oversee government operations

How does the oversight function of Congress contribute to checks and balances?

The Functions of Congress:Educating the Public

Congress conducts much of its business in the open, unlike the executive and judicial branches.

Members of Congress work to reach the public in a variety of ways, including special order speeches, town hall meetings, and media interviews.

The Functions of Congress:Serving Constituents

Two ways to serve constituents

1. Casework

2. Logrolling

The Functions of Congress: The Reelection Incentive

Congresspersons must be reelected to accomplish their long-term goals.

In general, to be reelected members of Congress need to communicate with constituents, raise money, and do what is in the best interest of their constituents.

The Functions of Congress: The Reelection Incentive

Some scholars believe that in the quest for reelection, congresspersons may not deliberate about the broad public good, rather the good of their constituencies.

Do you believe that deliberation about the public good is sacrificed for reelection?

Congress and Deliberative Democracy:Deliberation

In order to serve the national interest, Congress must be deliberative.

Through the existence of information gathering agencies and staff, it appears that Congress may be able to effectively deliberate.

Congress and Deliberative Democracy: Representation

Congressional demographics do not represent the demographics of the American population. Do you believe that has an effect on deliberation?

Should the demographics of Congress reflect the exact demographics of the population? Why or why not?

Congress and Deliberative Democracy: Ethics

There is an expectation that congresspersons should be virtuous, which means that they should be devoted to the common good of society and should love justice.

Corrupt behavior is actually atypical in Congress.

Congress and Deliberative Democracy: Accountability

Congress is held accountable to the people through elections and the openness of its proceedings.

With the emergence of the Internet, citizens may place more scrutiny on the activities of Congress.

Deliberation, Citizenship, and You

Monitoring and influencing Congress

There are many questions to consider when evaluating Congress.

There are many ways for citizens to contribute to congressional deliberation.

Summary

• Congress is a deliberative institution

• Bicameralism promotes deliberation

• Congress has many functions

• Many ways to evaluate Congress’s contributions to a deliberative democracy