GOV4AThe Government of the US

Scott Thomas | May 2013

Exam success is not a lottery!

Know your terms

Know the Articles

Know the Examples

Session 3The Legislative Branch

of the US

The Legislative Branch

Constitutional RoleCompositionDifferences between HousesImportance of the PartiesRoles of CongressRelationship with

Government and Supreme Court

Congress & The Constitution

Congress is Article OnePowers outlined in this

are known as Enumerated powers

Section 8 – Final ClauseElastic Clause

If Article One references Congress surely it is the most

important branch?

Divides Congress into twoHouse of RepresentativesSenate

Bicameral System is known as the

Connecticut CompromiseHouse Elected via Popular Vote

Senate indirect elected until 1914

Concurrent Powers of Congress

Equal Legislative PowerOverride Presidential VetoInitiate Constitutional AmendmentsDeclarations of WarConfirm appointed Vice Presidents

Declared Wars

Elastic Clause

“to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested in this Constitution in the Government of the United States, or in any department or officer thereof”

Article 1, Section 8, Final Clause

House of Representatives

Make up of the House

435 Seats

200 Democrats

232 Republicans

3 Vacant

Each member represents a ‘Congressional District’States are given a number of districts in proportion to their populationHouse is presided over by the Speaker of the House

Key Demographics

Gender Balance: Male 82% Female 28%Ethnicity:African American 41Asian 7Caucasian 336Hispanic 27Not Stated 22Other 5

Powers of the House

Known as Exclusive Powers• Initiate Money Bills– Power of the Purse

• Impeachment– Voted to impeach Clinton in 1998

• Elect a President should the Electoral College Deadlock– John Quincy Adams elected President in Deadlock

Speaker of the House

• Presiding Officer of the House

• Second in Presidential Succession

• Leader of Majority party in the House normally becomes Speaker through ballot

• No requirement that the Speaker be a member of the House

John Boehner (R) Ohio 8th District

Role of the Speaker

Notably Partisan RoleSpeaker doesn’t typically debate or vote unless it’s closeResponsible for the passage o legislation and which will make it to the floor

Speaker normally designates to someone else to preside over the proceedings in the HouseResponsible for maintaining decorum in the House

House Leadership

John Boehner (R) Ohio 8th District

Eric Cantor (R)Virginia 7th District

Nancy Pelosi (D)California 12th District

Speaker Majority Leader Minority Leader

Majority & Minority Leaders

• Elected via closed door party caucus every Congress

• Represent the Party • Liaison between

Congress and White House

• Day to Day director of Operations on the House Floor

Leaders More Important in The Senate

Running for the House

Elections are every 2 years (all elected)

US Citizens for 7 years

Must be a resident in representative state

Candidates must be at least 25 years old

Some states may impose a locality rule

You need to first secure the nomination from your PartyYou may need to win a Primary Election You May be challenged as an incumbent

Congressional Districts

The House has 435 SeatsThese are given to states depending on

population, roughly 700,000 people in each district

Every 10 years after a census the number is changed per state

Congressional Districts

Gerrymandering

• Gerrymandering is a form of redistricting in which electoral districts boundaries are deliberately modified for electoral purposes, thereby producing a contorted or unusual shape.

CGP Grey Explains:• Gerrymandering

Gerrymandering

Negative: when used to allege that a party is gaining disproportionate power – packing districts with hardcore support form one party, creating wasted votes.Positive: producing a proportion of constituencies with an African-American or other minority in the majority (these are then called "minority-majority districts").

Some Brilliant Gerrymandering

US Senate

Make up of the Senate

100 Seats

53 Democrats

45 Republicans

2 Independents

Each member represents a StateStates are allocated 2 Senators eachThe two Independents caucus with the Democrats, thus bringing Democrat majority to 55

Key Demographics

Gender Balance: Male 80% Female 20%Ethnicity:African American 2Asian 1Caucasian 93Hispanic 2Not Stated 2

Voting in the States

1 from each Party Both Democrats Both Republicans 1 Ind. & 1 Dem 1 Ind. & 1 Rep

Running for the Senate

Elections are every 2 years (1/3 of Senate)

US Citizens for 9 years

Must be a resident in

representative state

Candidates must be at least

30 years oldYou need to first secure the nomination from your PartyYou may need to win a Primary Election You May be challenged as an incumbent

Powers of the Senate

Exclusive PowersConfirm Appointments– Supreme Court Nominees, Executive

Appointments

Ratify Treaties– Failed to ratify 1919 Treaty of Versailles

Try in Cases of Impeachment– 1998 Bill Clinton

Elect VP in Case of Electoral College Deadlock

Senate Leadership

Patrick Leahy (D)Vermont

Harry Reid (D)Nevada

Mitch McConnell (R)Kentucky

President Pro Tempore Majority Leader Minority Leader

Filibuster

A device by which a Senator or Group of Senators can attempt to talk a bill to death by using delaying tactics.

Strom Thurmond 1957 Filibustered a Civil Rights Bill for 24hrs 18mins

Rand Paul 2013Attempted to stop John Brennen’s appointment as CIA Director: 12hrs 52mins

Power is derived from a Senator’s right to unlimited debate

If 3/5 of the House vote to end a filibuster it is known as a Cloture Motion

Which is Better?

Senate• Longer terms• Represent entire state• Easier to achieve more public

recognition• More powers• Trying the accused• More committee places• Projection to a Presidency• Vote is worth more so bargaining

more common• More likely to get a piece of the

action

BUT! • House Controls money bills

‘Power of the Purse’• Equal pay• Equal legislative power

DEMOCRATSLast 15 Vice Presidential Nominations: 14 were Senators

Passage of a Bill in Congress

• Concurrent Passage through Congress– Through both House and Senate

Problems:• Concurrent Passage means there will be

differences

First Reading

A formality – There is no debate and no voteTypically thousands of bills are introduced

Committee Stage

Congressional Standing Committees decide on which bills they are going to ‘hear’Many bills will not get a hearing and are said to be ‘pigeon holed’Pork Barrelling happens in this stageCommittees are normally filled with experts or specialistsBills may die if they can’t get reported out such as Clinton’s Healthcare Reforms

Timetabling

House of RepresentativesThe House Rules Committee makes the decisions on which Bills make it to the floor and how long they will be debated for.

SenateThis is done by Unanimous Consent AgreementMeaning Senate Leadership agree on which bills will make it to the floor

Second Reading

House of RepresentativesMembers debate and vote on the bill in the form that comes from the committee

SenateMembers debate and vote on the bill in the form that comes from the committeeHere a bill may end up being filibustered

Third Reading

House of RepresentativesFinal opportunity to debate the bill. Debate would tend to small before the vote

SenateFinal opportunity to debate the bill. Debate would tend to small before the vote

Conference Committee

Due to concurrent passage of the bills different bills will be produced. A conference committee was typically used to reconcile the two bills.Typically only 10% of bills go this route now

Congressional Leadership now typically reconcile the bill.

Presidential Action

3 OptionsSign Bill in to LawLeave it on the Desk – Becomes law after 10 daysVeto – Sent it back to CongressPocket Veto – within the last 10 days of Congress an unsigned bill will die

Congressional Committees

Most important part of the Legislative Process

Members of Congress will seek assignment to committees so they can get pork projects for their constituentsWashington State members will seek Defense Committee seats

Unlike the UK the committee stage is before the 2nd Reading

Functions of CommitteesBranch of Congress Function

Senate & House Conduct the Committee Stage in the passage of a billE.g. 1993 Bill Clinton’s Healthcare reform

Senate & House Conduct investigations into the area of that committeeE.g. Senate Foreign Relations Committee – NATO Enlargement

Senate ONLY Confirm some appointments such as Supreme Court Judges, Cabinet PostsE.g. Robert Bork or Clarence Thomas

House Rules Committee

The Traffic Cop of the HouseIt’s job is prioritising the bills for votes on the floor of the HouseIt can attach time limits and rules to the debates of a bill13 Members

9 Majority Party4 Minority Party

Pete Sessions TX (R)

Select Committees

Known as ‘Special’ or ‘Investigative’Formed on an ad hoc basis for a particular issueTend to investigate an issue that would either:a) Take up too much time in standing

committeeb) Come under many different

committees

Iran-Contra or 9/11 are notable examples

Committee Chairs

Always come from the Majority PartyUsed to be done by Seniority RuleNow elected through secret ballots

6 year term limits imposed by Republicans in the 1990s

Seniority Rule: Chairs of congressional standing committees will be from the majority party and be the longest continuous service on that committee

Why is Party Discipline so weak?

“Lack of Tasty Carrots and Sizeable Sticks”

On Capitol Hill the Lobbyists and Electorate rule

Congressmen generally pay a lot of attention to what the folks back home say, they are very concerned with getting themselves re-elected

Interest Groups play a massive part in this

Legislative Synoptic Links

UK is an unbalanced bi-cameral systemParties are far more dominant (whipping)Members of the Executive are in the Legislature Legislative process is slightly different

Exam success is not a lottery!

Know your terms

Know the Articles

Know the Examples

Answer the question, the whole question and nothing but the

question