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Congress is America’s “First Branch of Government” Congress has the “ultimate power of the purse” –Can pass a law even if the president vetoes it –Can

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• Congress is America’s “First Branch of Government”

• Congress has the “ultimate power of the purse”– Can pass a law even if the president

vetoes it– Can alter how existing laws are

administered through it’s oversight of executive agencies

– Can expand or contract the appellate jurisdiction of the US Supreme Court

• Today Congress is referred to as the “Broken Branch”

• Congress is “who governs” and “to what ends”

• In the world of large democracies the US Congress is the only one that can exercise powers independently of the Executive Branch

• United States and many Latin American countries have a Congress

• Great Britain and many Western European Nations have a Parliament

• Loyal to national party leadership who meet to debate and vote on party issues

• If go against party you will not be re-nominated

• Prime Minister and cabinet officers from majority party

• Legislators think of themselves as independent representatives of their districts or states

• Vote for beliefs of their constituents and not necessarily for the party views

• Congress does not select head of executive branch

• Do not have to worry about repercussions if not vote with party

• Has changed in the way in which it is organized and led– Certain periods Speaker had great

power– Certain periods given more power to

chairman of the House Committees– Other periods individuals members

had great influence– House will always be undergoing

changes– TOP OF PAGES 322-323

• Filibuster: an attempt to defeat a bill in the Senate by talking indefinitely, thus preventing the Senate from taking action to the bill– Prolonged speeches, or series

of speeches– RULE 22 – debate could be

cutoff if two-thirds of the senators present and voting agreed to a cloture motion

– NOW – only need 60 Senators to stop the filibuster – sometimes Rule 22 is not carried-out

• Has become less male and white• Between 1950-2005 women in

the House increased from 9 to 49 and the number of African Americans from 2 to 37

• 1994 four House Committees were chaired by blacks and 3 by Hispanics

• Republican control of House reduced minority influence

• By the 1950s serving in Congress has become a career “professional politicians”

• Since 1995 this has changed– Congressional District lines

were redrawn– Voter disgust, wanted

“outsiders”– Conversion of South from a

Democratic to a Republican stronghold

– Influx of Freshman members

• INCUMBENTS: Win More. WHY?– Congressional seats have

become less marginal1. Heard of incumbent– Free mailings, travel at public’s

expense– Names in newspapers by

sponsoring bills or conducting investigations

2. Use their power to help their districts back home

– Take credit for federal grants to local schools

• New Congress convenes every two years

• From 1933 – 2004 (36 Congresses convened)

• Democrats have dominated Congress – WHY?– Congressional District maps favor

Democrats– Majority Party draws district maps if

control both houses of the legislature, the governor’s office, and when necessary, the state courts

– Incumbency

• HELD INCUMBENTS RESPONSIBLE FOR THE MESS IN WASHINGTON

• Republicans win Congress in 1994 (Was Democrat) – WHY?– Anti-incumbent mood– Redistricting– South becoming more

Republican

• CONSERVATIVE COALITION– in the south Democrats would

vote with Republicans in the House and Senate (they usually won)

– Very strong during Reagan years

– There is no more conservative coalition because South is primarily Republican and the Southern Democrats are liberal

• Members can influence legislation by:

1. Voting

2. Conduct hearings

3. Mark up bills in committee hearings

4. Offer amendments by bills proposed by other members

1. REPRESENTATIONAL VIEW

2. ORGANIZATIONAL VIEW

3. ATTITUDINAL VIEW

• Congressperson votes the same way his or her constituents feel– Civil rights laws: if there

are a significant number of black voters in the Congressperson’s district they are not likely to vote against Civil Rights Bills

• Attitudinal View: Congressperson’s ideology is how they vote

• This view has increased in importance

• Congress has become increasingly ideological

• Polarized: Congressperson is either liberal or conservative (partisan)

• REAL LEADERSHIP– Majority Leader: chosen by the

Senators of the majority party (Harry Reid)

– Minority Leader: chosen by the Senators of the minority party

– Each party elects a Whip: helps the party leader stay informed about what the other party members are thinking

• Majority Leader: selected by majority party, who is the floor leader

• Minority Leader: chosen by party that is not the majority

• Whips: same as Senate whips

• Speakers-as-presiders: expected to be fair

• Speakers-as-party leaders: use power to help pass legislation of his or her party

• Decides who should be recognized to speak on the Floor

• Decides if a motion is relevant• Decides the committees to which

new bills are to be assigned• Influences what bills are to be

brought up for vote

• Is the ability of party leaders to get their members to vote together on the rules and structure of Congress (Newt Gingrich – Speaker of House in 1995 did this) page 337-338

• Senate – today is

– Less party-centered

– Less leader-orientated

– More hospitable to freshman

– More subcommittee-orientated

• Strength is determined if party votes together

• Party Polarization: a vote in which a majority of one party opposes the majority of the other party

• Bimodal – all Democrats vote one way, and all Republicans vote another way– Abortion – Democrats always

support it with no restrictions, and Republicans usually want to put a lot of restrictions on abortion

• In the last 30 years voters seem to be more partisan1. Because of the way districts are

drawn – districts are not competitive; they are either predominantly Dem or Rep

2. Voters are more partisan because parties have become more partisan

3. Seniority – most chairperson are those who have been in Congress the longest and they are from safe districts

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

• Caucus has grown in numbers since the 1950s

• Congressperson joins these caucuses to show they care greatly about an issue– Democratic Study Group - was

established by liberal Democrats

1. STANDING COMMITTEES – permanent bodies with specified legislative responsibilities

2. SELECT COMMITTEES – groups appointed for a limited purpose and usually lasting for only a few Congresses

3. JOINT COMMITTEES – both Reps and Senators serve on the same committee– Conference Committee – resolve

differences in the Senate and House on same legislation

• Majority party usually take the majority of the seats on each committee, name the chairperson, and allow the minority party to have the other seats

• Standing Committees are the most important– House members serve on two

standing committees– Senators serve on two major

committees, and one minor committee

• PAGE 343 – WRITE THE MAJOR RULES OF THE HOUSE AND SENATE IN YOUR BINDERS– THESE ARE THE MAJOR RULES ON

COMMITTEES– EFFECT OF THESE CHANGES WAS -

DECENTRALIZATION - TO GIVE GREATER POWER TO INDIVIDUAL MEMBERS AND LESSEN THE POWER OF PARTY LEADERS AND COMMITTEE CHAIRPERSONS = HARDER TO GET THINGS DONE (AMENDMENTS TO BILLS)

• Proxy Votes – chairperson can cast votes of absent members

• If everyone is heard, no one is heard, because the noise is deafening and the speeches endless

• Proxy voting banned by House in 1995

• Republican changes to committees in 1995– 6 year term limit on all committee

chairperson– Committee members select their

chairperson by secret ballot

• Spend most of their time servicing requests from constituents– Answering mail– Handling problems– Meeting with voters– Main function of Staff is to help

solve constituents problems and thereby helping the legislator get reelected

• Any member of Congress may introduce a bill

• In the House – intro bill by handing it to the clerk or dropping it into the “hopper”

• In the Senate – by being recognized by the presiding officer and announcing the bill’s introduction

• House Bill – H.R. means House Resolution

• Senate Bill – S• Public Bill – pertaining to

public affairs• Private Bill – pertaining to a

particular individual , such as a person pressing a financial claim against the government or seeking special permission to become a naturalized citizen) – not as common today

• Simple resolutions: passed by either House or Senate and is used for matters such as establishing the rules under which each body will operate

• Concurrent Resolution: settles housekeeping and procedural matters that affect both Houses

• Simple and concurrent resolutions are not signed by the president and don’t have the force of law

• Joint Resolutions: requires the approval of both houses and the signature of the president; it is essentially the same as a law

• Joint resolution is also used to propose a constitutional amendment; must have two-thirds votes of both Houses, but does not need president’s signature