CONGRESS CONGRESS

How does our lawmaking How does our lawmaking body function? body function?

THE FORGOTTEN THE FORGOTTEN BRANCH…ACCORDING TO BRANCH…ACCORDING TO

THE PEOPLE THE PEOPLE • Many Americans forget about the Many Americans forget about the

importance of Congress importance of Congress • Many people feel that Congress Many people feel that Congress

cannot accomplish its objectives cannot accomplish its objectives • Constituents-Constituents-People represented by People represented by

a particular congressional member a particular congressional member • What would help people believe more What would help people believe more

in their Congress members? in their Congress members?

WHY WAS CONGRESS WHY WAS CONGRESS CREATED? CREATED?

• The founders believed that the majority The founders believed that the majority of the power should lie in the hands of of the power should lie in the hands of the legislature the legislature

• They had a fear of tyranny from kings of They had a fear of tyranny from kings of the past the past

• The The bicameralismbicameralism of Congress was a of Congress was a compromise between the people wanting compromise between the people wanting population and the people wanting an population and the people wanting an even number as far as representatives even number as far as representatives

CREATION CREATION CONTINUED…CONTINUED…

• Also, until 1913, members of the Also, until 1913, members of the Senate were chosen by members of Senate were chosen by members of the House. This proves the elitist the House. This proves the elitist theory of the few having power. This theory of the few having power. This was changed to popular vote election was changed to popular vote election

• House members are elected on 2 year House members are elected on 2 year terms and senators are staggered terms and senators are staggered throughout every 6 years with only throughout every 6 years with only 1/3 voted upon at a time 1/3 voted upon at a time

THE POWERS OF THE POWERS OF CONGRESS CONGRESS

• The Constitution is both precise and The Constitution is both precise and vague about the powers of Congress vague about the powers of Congress

• The The ““enumerated powersenumerated powers”” are given are given specifically in the Constitution specifically in the Constitution

• The The ““elasticelastic”” or or ““necessary and necessary and properproper”” clause is given in the clause is given in the Constitution as well Constitution as well

THE ENUMERATED THE ENUMERATED POWERS POWERS

• Tax and tariffs Tax and tariffs • Borrow money Borrow money • Regulate interstate commerce and Regulate interstate commerce and

international trade international trade • Naturalization Naturalization • Laws about bankruptcies Laws about bankruptcies • Print money Print money • Establish standards of weights Establish standards of weights

EVEN MORE ENUMERATED EVEN MORE ENUMERATED POWERS POWERS

• Punish counterfeiters Punish counterfeiters • Establish post offices Establish post offices • Regulate copyrights Regulate copyrights • Federal court system Federal court system • Punish piracy on the high seas Punish piracy on the high seas • Declare war Declare war • Military Military • Use the state militias to enforce laws Use the state militias to enforce laws • Govern the District of Columbia Govern the District of Columbia

MORE SPECIFICALLY MORE SPECIFICALLY

• The Senate can accept treaties, reject The Senate can accept treaties, reject nominations for ambassadors and supreme nominations for ambassadors and supreme court justices and all other officers of the court justices and all other officers of the United StatesUnited States

• The Senate can tell the Supreme Court how The Senate can tell the Supreme Court how many cases to hear and propose amendments many cases to hear and propose amendments to the Constitution to the Constitution

• Congress as a whole must decide if the Congress as a whole must decide if the presidential election is a tie and can determine presidential election is a tie and can determine who will be president if something happens to who will be president if something happens to both the president and vice-president both the president and vice-president

THE FUNCTIONS OF THE FUNCTIONS OF CONGRESS CONGRESS

1.1. Lawmaking Lawmaking

-logrolling-two or more -logrolling-two or more members agree in advance members agree in advance to support each to support each

otherother’’s bills s bills

FUNCTIONS FUNCTIONS CONTINUED CONTINUED

2. 2. Service to ConstituentsService to Constituents

-people believe that Congress should be -people believe that Congress should be an advocate between them and the an advocate between them and the faceless government faceless government

-Casework-personal work for constituents -Casework-personal work for constituents by members of Congress by members of Congress

-Ombudsperson-hears complaints by -Ombudsperson-hears complaints by private individuals against public officials private individuals against public officials and agencies and agencies

FUNCTIONS AGAINFUNCTIONS AGAIN

3. 3. The Representation Function-The Representation Function- The function The function that the members of Congress are that the members of Congress are representing their constituents representing their constituents -There are two points of view: -There are two points of view:

A. The Trustee View- a legislator who A. The Trustee View- a legislator who acts in the broad interest acts in the broad interest of society of society

B. The Instructed-Delegate View- a B. The Instructed-Delegate View- a legislator who votes on behalf of legislator who votes on behalf of

his/her his/her own constituents own constituents

FUNCTIONS AGAINFUNCTIONS AGAIN

4. 4. The Oversight Function- The Oversight Function- The The responsibility of Congress to ensure responsibility of Congress to ensure that the laws they have passed are that the laws they have passed are being enforced and handled the way being enforced and handled the way they intended they intended

-legislative veto-until 1983, Congress -legislative veto-until 1983, Congress could override an executive decision could override an executive decision if done in a certain period of time. if done in a certain period of time. Today, they cannot. Today, they cannot.

FUNCTIONS AGAINFUNCTIONS AGAIN

5. The Public-Education function-5. The Public-Education function- not not to be confused with public high to be confused with public high schools, etc. but to educate the schools, etc. but to educate the public on what is taking place. public on what is taking place.

-agenda setting plays a big role in -agenda setting plays a big role in what is important to congress and what is important to congress and thus the people thus the people

FUNCTIONS AGAINFUNCTIONS AGAIN

6. 6. The Conflict-Resolution The Conflict-Resolution function-function- Congress is Congress is commonly seen as a body to commonly seen as a body to resolve conflict within our resolve conflict within our society society

HOUSE-SENATE HOUSE-SENATE DIFFERENCES DIFFERENCES

• Both chambers are equal, but very Both chambers are equal, but very different in terms of what powers different in terms of what powers they possess. they possess.

SIZE AND RULES SIZE AND RULES

• The main difference is simply the The main difference is simply the size…435 in the house and 100 in the size…435 in the house and 100 in the senate senate

• The House has 435 plus delegates The House has 435 plus delegates from DC, Puerto Rico, Guam, from DC, Puerto Rico, Guam, American Samoa, and the Virgin American Samoa, and the Virgin Islands Islands

• The rules of the House are more The rules of the House are more strict than the Senate due to size strict than the Senate due to size

SIZE AND RULES SIZE AND RULES

• The Senate permits extended debate The Senate permits extended debate on issues whereas the House gives on issues whereas the House gives time limits instilled by a rules time limits instilled by a rules committee committee

• As a result, the house, even though As a result, the house, even though bigger, is usually more time efficient bigger, is usually more time efficient on issues on issues

DEBATE AND DEBATE AND FILIBUSTER FILIBUSTER

• Filibuster-Filibuster- the Senate the Senate’’s unlimited debate s unlimited debate to halt action on a bill to halt action on a bill

• Debate may be ended by cloture- shutting Debate may be ended by cloture- shutting off discussion on a bill (Senate rule 22) off discussion on a bill (Senate rule 22)

• Cloture is instilled if 16 Senators sign a Cloture is instilled if 16 Senators sign a petition and 3/5 of the entire senate vote petition and 3/5 of the entire senate vote after two days to end it after two days to end it

• After cloture, each senator may speak on After cloture, each senator may speak on the bill for one hour before the vote is the bill for one hour before the vote is taken taken

PRESTIGE PRESTIGE

• Senators usually have more prestige. Senators usually have more prestige. It is smaller, and more recognizable It is smaller, and more recognizable as 1/100 instead of 1/435 and then as 1/100 instead of 1/435 and then some some

• To gain recognition in the House, To gain recognition in the House, you must be there for a while or you must be there for a while or become an expert on a particular become an expert on a particular issue/committee, i.e. tax laws issue/committee, i.e. tax laws

WHO ARE WHO ARE CONGRESSPERSONS CONGRESSPERSONS

• Most are older folks. The main Most are older folks. The main reason is political experience is reason is political experience is virtually required to win office virtually required to win office

• They are mostly white, male, They are mostly white, male, protestant, and of high status protestant, and of high status occupations…occupations…lawyers lawyers

• The 2000 election brought more The 2000 election brought more women to the senatewomen to the senate

• Legislators also seem to get younger Legislators also seem to get younger

11-16-09 11-16-09 • Opening Activity: Research and find out Opening Activity: Research and find out

the following: the following: 1.1. Can Congress mandate that all citizens get a swine flu Can Congress mandate that all citizens get a swine flu

vaccine? Why or why not? vaccine? Why or why not?

2.2. Find and list the franking privileges granted to Find and list the franking privileges granted to Congressional members. Do you agree or disagree with Congressional members. Do you agree or disagree with them? them?

3.3. What is a whip? From where does the name originate? –What is a whip? From where does the name originate? –

4.4. Find a current bill going through Congress (besides Find a current bill going through Congress (besides health care reform) and report on the status at this health care reform) and report on the status at this point. point.

5.5. When will our two senators be up for re-election? What When will our two senators be up for re-election? What about Geoff Davis? about Geoff Davis?

6.6. What is the term limit for a congressional member? Do What is the term limit for a congressional member? Do you believe it should be shorter? Why or why not? you believe it should be shorter? Why or why not?

Who are Who are congresspersons? congresspersons?

• They typically do not represent the They typically do not represent the entire constituency entire constituency

• More women and minorities are More women and minorities are coming to congress than ever before coming to congress than ever before

• Congress may change the ways in Congress may change the ways in which congresspersons are elected which congresspersons are elected at any time at any time

Candidates Candidates

• Some candidates are self-selected Some candidates are self-selected and some are recruited by political and some are recruited by political party party

• Most likely to have been active in Most likely to have been active in politics before politics before

Campaigns Campaigns

• The average cost to run for senate is 5 The average cost to run for senate is 5 million and the average for the house is million and the average for the house is 770 thousand 770 thousand

• While in office, most candidates raise While in office, most candidates raise money every day for the next election money every day for the next election

• The party controlling the White House The party controlling the White House usually loses seats in even year elections usually loses seats in even year elections

The power of The power of incumbency incumbency

• Once your in, your in…Once your in, your in…

Ways to get re-elected…Ways to get re-elected…

• Advertising, credit claiming, and Advertising, credit claiming, and position taking position taking

The 1994 election…The 1994 election…

• It brought the democratic party out It brought the democratic party out of congress and the GOP in power of congress and the GOP in power

• 2006 brought back the democrats…2006 brought back the democrats…

Congressional Congressional Reapportionment Reapportionment

• ReapportionmentReapportionment • Redistricting Redistricting • Justiciable QuestionJusticiable Question • Gerrymandering Gerrymandering –on next slide –on next slide

Gerrymandering Gerrymandering

• Elbridge Gerry, Massachusetts Elbridge Gerry, Massachusetts governor governor

• Minority-Majority districts-legal Minority-Majority districts-legal according to the Voting Rights Act of according to the Voting Rights Act of 1965…made illegal in 1995 1965…made illegal in 1995

11-19-0911-19-09

• News News

• Question: Question:

-How can Congressional -How can Congressional Reapportionment Reapportionment

be something that states dread be something that states dread every ten every ten

years? years?

Pay, Perks, Privileges Pay, Perks, Privileges

• In 2001, Salaries were $145,100 In 2001, Salaries were $145,100 • ““FrankingFranking”” Privileges- Privileges- free mailing free mailing

to constituents to constituents • 35,000 employees on capitol hill; 35,000 employees on capitol hill;

most of which are office clerks and most of which are office clerks and secretaries secretaries

Pay, Perks, PrivilegesPay, Perks, Privileges

• Average Senate office employs thirty Average Senate office employs thirty staff membersstaff members

• ““Arrest Immunity ClauseArrest Immunity Clause”” – –• ““Speech or Debate ClauseSpeech or Debate Clause””

The Committee Structure The Committee Structure

• Committees are formed on many topics. Committees are formed on many topics. Some are permanent and some are special Some are permanent and some are special

• Committees usually have the final say on Committees usually have the final say on bills bills

• Committees decide on sub-committees Committees decide on sub-committees

Types of Committees Types of Committees

• Standing Committees-Standing Committees- permanent permanent bodies. bodies.

• Each House member serves on two Each House member serves on two standing committees unless on standing committees unless on appropriations, rules, or ways and appropriations, rules, or ways and means committees means committees

Current Standing Current Standing Committees Committees

• Senate Senate Senate Standing Committees

• House House • House Standing Co

mmittees

Select Committees and Select Committees and Joint Committees Joint Committees

• Limited matter of time for a special Limited matter of time for a special outstanding purpose outstanding purpose

• Joint committees-Joint committees- contain both contain both members from the House and the members from the House and the Senate Senate

• Conference Committees-Conference Committees- when when both houses join to resolve an issue both houses join to resolve an issue

The House Rules The House Rules Committee Committee

• They set the time limit on debate They set the time limit on debate and how a bill may be amended and how a bill may be amended

Committee Structure Committee Structure

• Standing-always there Standing-always there • Joint-collaboration between the Joint-collaboration between the

House and Senate. Permanent and House and Senate. Permanent and temporary temporary

• Conference-joint committees that Conference-joint committees that are trying to achieve a resolutionare trying to achieve a resolution

• House Rules-Sets up time limit on House Rules-Sets up time limit on debate debate

Selection of Committees Selection of Committees

• Chairperson-Chairperson-usually given to usually given to people with more seniority although people with more seniority although not law this keeps things predictable not law this keeps things predictable on who is going to be next on who is going to be next

• Safe Seat-Safe Seat- a district rep who was a district rep who was voted with 55% or more of the voted with 55% or more of the vote…are usually one of the ones vote…are usually one of the ones selected selected

Formal Leadership in the Formal Leadership in the House House

• When Democrats control the When Democrats control the congress, they elect democrats as congress, they elect democrats as chairpersons and so on down the line chairpersons and so on down the line

• The Speaker of the House-always of The Speaker of the House-always of the majority party and has the most the majority party and has the most power of anyone in the Housepower of anyone in the House

• The powers of the speaker are listed The powers of the speaker are listed on 398on 398

Formal Leadership in the Formal Leadership in the HouseHouse

• The Majority LeaderThe Majority Leader• Minority Leader-the candidate for Minority Leader-the candidate for

speaker from the minority party speaker from the minority party • Whips-aids to the majority and Whips-aids to the majority and

minority leaders minority leaders

Formal Leadership in the Formal Leadership in the Senate Senate

• Vice President of the USA Vice President of the USA • President Pro-Tempore-member of the President Pro-Tempore-member of the

majority party (usually) majority party (usually) • Majority Floor Leader Majority Floor Leader • Minority Floor Leader Minority Floor Leader • Whips Whips • Majority and Minority leaders are recognized Majority and Minority leaders are recognized

first in debates first in debates • House Leadership

Senate Leadership