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Congress
Now Chapter 11
The Origins of Congress
• Congress was suppose to be the most powerful branch because the framers feared the Executive branch and were worried about a tyrant.
• They did not want to make it to powerful that it would take over so they made it into a bicameral legislation.
• The House was put in charge of taxation because they were closer to the people.
• They also would have a shorter electoral cycle.
The Origins of Congress
• Today the Senate is more of deliberative institution, elite.
• Have less elections than the House.
Congressional Elections
• House because it is closer to the people is elected every two years (even years).
• The senate was originally chosen by the House to check the power of the people, but in 1913 the 17th amendment gave that power to the people.
• Senators are elected every 6 years. Which is staggered so 1/3 of the Senate is elected every 2 years.
• The number of seats in the House is based off the States population and 2 senators come from each state
Incumbency
• 95% House incumbents get reelected• 88% Senate incumbents get reelected• This tends to mean that these officials are doing
right by their incumbents. Other things are:• Strong name recognition• Easier access to media coverage• Franking• Campaign Contributions• Casework
Congressional Reapportionment
• Reapportionment– Allocation of seats in the House to each state after the
census every 10 years– Malapportionment: distribution of representatives in
congressional districts unequal in proportion to the population.
• Redistricting– Redrawing of district boundaries by state legislatures
• “One person, one vote”
Redistricting Controversies
• Gerrymandering– A district altered by the dominant legislature
party for its own electoral benefit
• Creation of “Minority-Majority districts”– Districts drawn to maximize voting power of
minority groups, giving minority voters the majority
– Challenged under “equal protection clause”• As a result, several districts redrawn in 1990’s
Powers of Congress
Constitutional Provisions
• The expressed powers of Congress described in Article I, Section 8 of the Constitution.
• The necessary and proper clause implies that Congress has the power to do whatever is “necessary and proper” to carry out its powers.
– These implied powers have expanded Congress’ role to meet the nation’s needs.
Implied Powers
• The elastic clause gives congress the power to create laws deemed “necessary and proper”
• Must be a reasonable offshoot of the delegated powers.
• McCullough V. Maryland (1819)- gave congress a wider range of implied powers.
Delegated Powers (Expressed)
• Borrowing Money– The constitution allows the government to
borrow against its credit.
• Power to Tax– The government must use the money it
collects from taxes, duties, imposts, and excises to pay debts and provide for the well being of its people.
• Commerce Power– Congress can regulate and promote trade.
Delegated Powers Cont.• Currency Power
– Congress has the exclusive right to coin money.
• Bankruptcies – When a person is unable to pay his or her debts, declaring bankruptcy divides their assets
amongst the people they owe.
• War Powers– Congress may declare war.
• Other Delegated Powers– Copyrights and Patents– Establishing other courts– Acquire and manage territories
Legislative Powers
• Congress has expanded its legislative powers with its control over the economy—taxing, spending, and regulating commerce.
• Revenue bills, laws for raising money, start in the House and then go to the Senate.
• The legislative process for appropriations bills—laws proposed to authorize spending money—has developed through usage.
• Congress uses the “power of the purse” to regulate the economy.
– the power to regulate foreign commerce and interstatecommerce, or commerce among the states.
• Congress has the power to borrow to pay for government costs.
Legislative Powers (cont.)
• Congress’ money powers also include:
– the power to coin money and regulate its value, and
• Congress shares power with the president to make foreign and national defense policy.
• Congress has power over naturalization, the process by which immigrants become citizens.
• Congress has the power to grant copyrights and patents.
Legislative Powers (cont.)
Functions of Congressand Models of Representation
• Representation does not just focus on constituents all the time but different groups of people as well.
• Trustee model: a model of representation in which a member of the House or Senate should articulate and vote for the position that best represents the view of constituents.
• Instructed delegate model: model of representation in which legislators, as representatives vote in keeping with constituents views even if those views contradict the legislators personal views.
“Pork Barrel” and “Logrolling”
• Pork Barrel: a government project that benefits a specific location or lawmaker’s home district and constituents.
• Logrolling: the process of exchanging political favors for support.
• Earmarks: a designation within a spending bill that provides for a specific expenditure.
• Ex: Bridge to Nowhere
Structure of Congress• Congress, or the legislative branch is the
lawmaking branch of government.– Created by Article I of the Constitution
• Structure– Bicameral Legislature- Two Houses– The House of Representatives
• Membership based on population/ 647,000 people live in each district
• Reapportionment Act of 1929- Capped size at 435• Apportionment is based on the census (Every 10 Years)
• Reapportionment- shifts representatives from state to state
Structure and Powers of Congress Cont.
• Structure Cont.– Senate
• In a federalist system, each state is sovereign and should be treated as equals.
• Each state is given two Senators.• At first, Senators were chosen by the state
legislature• Today, all Senators are directly elected by the
people.• 100 members
Case Work
• Casework: is personal work by a member of Congress on behalf of a constituent or group of constituents, typically amid at the government to do something for the constituents.
• Ombudsperson: a role in which an elected or appointed leader acts as an advocate for citizens by listening to and investigating complaints against a government agency.
Oversight and Investigation• Oversight Function- the power of congress to
review the policies and programs of the executive branch.– First used in 1792 when Congress reviewed an army
defeat of a North American tribe.
• Subpoena- a legal order, requiring a person to appear in court, or turn over specified documents.
• Appropriation- a grant of money by congress to be used for a specific purpose.
• Congress can approve deficit spending, or the practice of spending more money than is brought in.
Oversight• Congressional hearings in which government officials,
bureaucrats, and interest groups testify as how a law or policy is being implemented and examine the impact of its implementation
• Confirmation hearings on presidential appointees to oversee executive departments
• Investigations to determine whether a law or policy is being implemented the way congress intended it, inquire wrongdoing by government officials.
• Budgetary appropriations that determine level of funding of an executive department or agency.
Agenda setting
• Agenda setting: is the determination by Congress of which public issues the government should consider for legislation.
• Ex: Steroids, BCS, Patriot Act.
Qualifications and Terms• House of Reps.
– Age- 25– Years of Citizenship- 7– Length of Term- 2 Years– Number of Terms- No Limit
• Senate– Age- 30– Years of Citizenship- 9– Length of term- 6 Years– Number of Terms- No Limit
Key DifferencesHouse Senate
• Initiate revenue bills
• Two-year term• 435• Formal• Specialist• Tax policy
• Advise and consent
• Six-year term
• 100
• Relaxed
• Generalist
• Foreign policy
Legislative ProcessHow a Bill Becomes a Law
• A bill is a proposed piece of legislation
• Bill must be introduced by a member of Congress and placed in the Hopper
• Bill is referred to a committee for consideration by either Speaker or presiding officer of the Senate
• Revenue bills must originate in the House
• Most bills die in committee
How a Bill Becomes a Law
• After hearings and mark-up sessions, the committee reports a bill out to the House or Senate
• Bill must be placed on a calendar to come for a vote before either house
• House Rules Committee sets the rules for consideration
How a Bill Becomes a Law
• Bills are debated on the floor of the House or Senate
• If there are major differences in the bill as passed by the House and Senate, a conference committee is appointed
• The bill goes to the president
How a Bill Becomes Law
• The president may sign it
• If the president vetoes it, it returns to house of origin
• Both houses must support the bill, with a two-thirds vote, in order to override the president’s veto
Seniority System
• The tradition in which members with the longest continuous service on a committee is automatically given the chairmanship position.
• Committee Chairs are elected by secret ballot, but the senior member always wins.
• Even if a Junior member is better qualified, they have to wait.
Committee Practices
• The number of committees has varied; significant cuts in number of House committees in 1995, and in the number of House and Senate subcommittees
• Majority party has majority of seats on the committees and names the chair
Types of Committees
• Standing committees: basically permanent bodies with specified legislative responsibilities
• Select committees: groups appointed for a limited purpose and limited duration
Types of Committees
• Joint committees: those on which both representatives and senators serve
• Conference committee: a joint committee appointed to resolve differences in Senate and House versions of the same piece of legislation before final passage
• Subcommittee: a subordinate committee in Congress that typically handles specific areas of a standing committees jurisdiction.
Four Actions
• When a committee favors a measure it usually takes four actions:
• Agency review
• Hearings
• Markup
• Report
• In the house there is a special measure know as discharge petition:
Floor Action and Debate• The Constitution requires that for either house to
do official business, a quorum, or majority of its members, must be present.
• Debate– Filibuster: allows a senator, or small group of
senators to talk a bill to death, extending debate to block a bill’s passage. Cloture, 3/5 of the Senate can end a filibuster.
– Germane: having significant relevance to the point at hand. Bills must be germane in the house, not in the Senate.
– Christmas Tree Bill: a bill to which many irrelevant riders have been attached to increase the likelihood of passage.
Resolution
• Differ from bills in that they deal with matters that affect only one house of congress or the other, and do not deal with the public will.
• Concurrent Resolution: – Used when congress wants to make a
statement without passing a law.
• Joint Resolution: – Often address temporary issues that need to
be dealt with immediately. Need approval by the President.
Voting• Passage of a bill requires “yea” votes from a
majority of the members present.• Four options for Congressman:
– To pass the bill as written and send it to the other house for consideration.
– To table or kill the bill.– To send the bill back to committee.– To offer amendments.
• Conference Committee– When a bill is passed by one house and sent to
another, the second house usually does not amend it.– If it is amended differently by both houses, a
conference committee is formed to merge the two bills.
The President’s Actions
• The President has the right to Veto, or refuse to sign, any bill.
• This can create a gridlock, or conflict between the two branches that commonly results in inaction.
• The President can also use a Pocket Veto, if the bill is passed within ten days of the end of congress. This kills the bill.
• The President’s veto can be overridden with 2/3 vote of congress.
Congressional Leadership
Organization
• Leadership in the House– Speaker of the House- the presiding officer of
the House of Reps. Selected from the membership. Calls on people to speak during House Discussion. The Speaker is always a leader of the majority party.
• John Boehener (R)
– Floor Leaders- Spokesperson for a party in Congress; one who directs party decisions and strategy.
Majority Leader: Eric Cantor (R) • Minority Leader: Nancy Pelosi (D)
Leadership in the House Cont.
• The majority leader is second in charge to the Speaker of the House.
• Whip- a senator or representative who works with party leaders to communicate views, solicit support before votes are taken, and keep track of how voting is likely to go.– Minority Whip: Stein Hoyer(D)– Majority Whip: Kevin McCarthy (R)
Leadership in the Senate
• President of the Senate: The Vice President of the United States– Only votes in case of a tie.– V.P: Joe Biden
• President pro tempore- a member of the U.S. Senate chosen as leader in the absence of the Vice President. Has no real power.– Patrick Leahy (D)
• Majority Leader is often most powerful member of the Senate and often speaks for the entire Senate.– Majority Leader: Harry Reid (D-NV)– Minority Leader: Mitch McConnell (R-KY)
Caucuses • An informal group of congressmen with the purpose of discussing an issue
or advocating a political ideology.
• Their goal is to plan legislative strategy, not select candidates.
• Made up of both Senators and Representatives.
• Intra-party caucuses: members share a similar ideology
• Personal interest caucuses: members share an interest in an issue
• Constituency caucuses: established to represent groups, regions or both
• Examples:– Congressional Black Caucus, Steel Caucus, Rural Caucus, Coastal
Caucus, Portuguese Caucus
Privileges, Benefits and Penalties
• Salary: Normal Member-$165,200– Senate Leadership
Majority/Minority Leader - $183,500 House Leadership Speaker of the House - $212,100Majority/Minority Leader - $183,500
• Perks: office, large expense account for staff and supplies, generous travel allowance and pension plans.
• Franking Privilege: Free postal service• Censure: an official expression of blame or
disapproval.
