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Congress
- 1. AP American Government Chapter 11 Congress
- 2. Chapter 11 Article I: The Legislative Branch “ All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate, and a House of Representatives .”
- 3. Core of the Analysis The power of Congress is a function of its capacity to effectively represent important groups and forces in society. During the first hundred years of U.S. government, Congress was the dominant institution; with the beginning of the New Deal, the presidency became the more accessible, dominant branch of U.S. government. Before a bill can become a law, it must pass through the legislative process, a complex set of organizations and procedures in Congress. The legislative process is driven by six sets of political forces: political parties, committees, staffs, caucuses, rules of lawmaking, and the president.
- 4. Founders’ Intentions Most powerful branch of government Representative assembly Accessible to the people Bicameral legislature addresses concerns over: Excessive power in single institution Mob rule Manner of representation Congress would be the dominant branch of government
- 5. Centralization vs. Decentralization Argument of Centralization vs. Decentralization Allow congress to act decisively and quickly or protect individual members’ interests 1889-1910 Strong centralization Speaker Thomas Reed exercised power Joseph Cannon followed and continued strong centralization 1910- Era of decentralization Members vote without fear of repercussions
- 6. Centralization vs. Decentralization Decentralization led to an increase in the power of Committee chairs and the seniority system to select committee chairs Further decentralization in the 70s- increased subcommittees lead to more power of subcommittee chairs Senate is naturally a more decentralized and informal body
- 7. Congress in Its Original Form Dominated government Speakers of the House were more important than the president Epitome of government (declare war and collect taxes)
- 8. Powers of Congress Expressed Powers Levy taxes Borrow money Regulate foreign, interstate and Indian commerce (broadly interpreted by Congress) Naturalization and Bankruptcy laws Coin money Establish weights and measures Post offices Create courts inferior to Supreme Court Define and Punish piracy Declare War Raise and support an army and navy
- 9. Powers of Congress Implied Powers Based upon elastic clause Examples: national banks, paper money, air force, CIA Strict v. loose constructionist approaches
- 10. Powers of Congress Institutional Powers (those that relate to the system of checks and balances) Senate ratifies treaties with 2/3 votes Senate approves presidential appointments with majority vote House votes for impeachment (majority vote needed), Senate tries impeachment cases (2/3 vote to convict) House elects President if no electoral majority, Senate elects VP Propose constitutional amendments w/ 2/3 vote in both houses. Each can seat, unseat and punish (e.g. censure) own members
- 11. Powers of Congress Powers Denied Passing ex post facto laws Passing bills of attainder Suspending habeas corpus except in cases of rebellion or invasion
- 12. Overview of Congress Terms and Sessions Term of Congress lasts two years Term begins Jan. 3 of every odd numbered year Terms numbered consecutively (105th from 1997-1999; 106th ‘99-01; 107th ‘01-03; 108th ‘03-05) Adjournment: end of a term; date must be agreed upon by both houses Two regular sessions per term. Periodic recesses (not to be confused w/ adjournment)
- 13. Overview of Congress- House Qualifications 25 years of age Citizenship for 7 years Residency in state
- 14. Overview of Congress- House Size Determined by Congress: 435 since 1911 Members elected by districts, not states Reps per state determined by population Demographics show increase in Sun Belt and decrease in Frost Belt representations
- 15. Overview of Congress- House Terms - Two years Entire body up for reelection every two years = a more responsive body to be kept in check by the Senate Terms limits passed by some states, but ruled unconstitutional by the Supreme Court (US Term Limits v Thornton, 1995)
- 16. Overview of Congress- House House Structure Centralized and organized Less debate Restricted access to the floor Individual members have limited power Functions Originate all revenue bills Agents of local interests
- 17. Overview of Congress -Senate Requirements Thirty years of age Nine years of citizenship Six-year term
- 18. Overview of Congress -Senate Size 100 members, chosen in statewide elections Smaller size makes it a more informal body with less need than the House for as many strict procedures. Terms 6 years. 1/3 up for reelection every two years Staggered terms allow for a more stable body.
- 19. Overview of Congress -Senate Structure Regional and national constituencies Represent elites (Senators appointed by state legislatures until Seventeenth Amendment) (1913) More deliberative: no time limits on speaking Filibuster: speak as long as they want to oppose an action
- 20. Overview of Congress Compensation Members set their own salary 27th amendment prevents raises from taking effect until the following term Perks: staff, travel allowance, office space, franking privilege , insurance Cannot be arrested/ detained while going to or from a session of Congress.
- 21. Overview of Congress Membership Overrepresentation of white, male, Protestant, upper-middle class lawyers in their 50s But… Many more women and minorities in recent years No reason why above group cannot represent the poor and afflicted People in the end elect these representatives
- 22. table 5.1
- 23. Idea of Representation House member’s responsibilities Speaks or acts on behalf of someone In 1789, represented 30,000 constituents Today, 600,000 persons in each constituency
- 24. Representative's role Instrument for policy Perform constituency service (intervene on behalf of citizens with INS, EPA, or help with other needs—capitol tours, tickets to viewing gallery) Patronage activities provide direct service to constituents Reward contributors Re-election motives Congress Distributive tendency : pork-barrel legislation funds local work projects to bring federal money to the states
- 25. process box 5. 1
- 26. figure 5.1
- 27. Incumbency Advantage Reelection rate in House 90% Reelection rate in Senate 80% Relatively few seats are seriously contested “ Permanent Congress” Election of 1994 (104th) more a call against Dems than incumbents But… retirements open up a lot of seats each year
- 28. Incumbency Advantage Specific Advantages Franking privilege Staffers Patronage Name recognition Casework Money, esp. from PACs
- 29. Incumbency Advantage Special Advantage: Gerrymandering 1. Reapportionment: Redistribution of 435 seats in the House on the basis of changes in the state populations. a. Reps per state determined by pop. b. Census conducted every 10 yrs. c. Census shows populations changes and seats are allotted based upon new numbers
- 30. Incumbency Advantage Special Advantage: Gerrymandering 2. Redistricting : When seats change, district boundaries must change. a. Party controlling state legislature redraws district boundaries. b. Gerrymandering = redrawing boundaries to favor party in power
- 31. Incumbency Advantage Special Advantage: Gerrymandering Origins of term: 19th century Governor Elbridge Gerry redrew lines himself with some having such strange shapes, they looked like salamanders. Party in Power keeps power by: “ Packing”- concentrate opposition population in few districts “ Cracking”- Disperse opp. Party throughout state to dilute their impact
- 32. Incumbency Advantage Special Advantage: Gerrymandering Effects of Gerrymandering Party in power, STAYS in power Safe seats are created Odd-shaped districts “Majority-Minority” districts created by racial gerrymandering
- 33. Incumbency Advantage Redistricting Requirements: Districts must be as near equal in population as possible a. Baker v. Carr, 1962 “one man, one vote” principle applied to state leg districts to correct overrepresentation of rural areas. District lines must be contiguous Racial gerrymandering is prohibited (Shaw v. Reno, 1993). Race may not be the primary factor in drawing district lines (Miller v. Johnson, 1995)
- 34. Organization of Congress Party leadership fosters: cooperation coalitions compromise
- 35. Organization of House http://www.house. gov / A majority in the House elects Speaker of the House Majority party determines agendas/roles Speaker of the House controls the calendar, sets the legislative agenda, and has the power to recognize speakers Majority whip maintains party unity, polls members on bills and develops party support for legislative goals Committee chairs (all are majority party) Representatives seek assignments that allow them to influence decisions important to their districts Minority leader is senior leader of the minority party Minority whip maintains party unity and promotes minority party's agenda
- 36. figure 5.2
- 37. Organization of Senate http://www.senate. gov / Majority leader controls calendar, sets agenda, has power to recognize speakers Majority whip maintains party unity and promotes majority party's agenda Minority leader is senior leader of the minority party Minority whip maintains party unity and promotes minority party's agenda Vice president presides over important votes, can break a tie President Pro Tempore (3rd in line for Prez); presides in absence of VP
- 38. figure 5.3
- 39. Committee System Core of Congress where bills are considered Committees allow members to specialize in policy areas and become experts Congressional division of labor achieved through committees Committee chairs act as "gatekeepers“ Standing committees have fixed membership, officers, rules, staff, and offices Majority party sets rules and chooses officers Majority party always has most committee members Jurisdiction is defined by subject matter of legislation
- 40. Committee System Committee functions: Handle legislation Conduct investigation of exec. Branch on an as-needed basis Conduct oversight of exec. Branch agencies on an ongoing basis.
- 41. Committee System Selection of members: Importance of getting on the right committee (where you can best represent your constituents) Assigned by Steering committee or Committee on Committees Party with majority in Congress has majority of seats on committee Selection of Committee chairs Secret ballot in party caucus or conference of leaders. Seniority rule generally followed. Advantages of seniority rules: experience, stability, expertise.
- 42. Committee System Standing committees are the permanent committees of Congress. They have both legislative and oversight powers. House Standing: Rules (most powerful of all) Ways and means (deals with tax bills) Appropriations (spending) Budget Armed Services
- 43. Committee System Standing committees are the permanent committees of Congress. They have both legislative and oversight powers. Senate Standing: Finance (tax bills) Appropriations (spending) Budget Foreign Relations (prestigious) Treaty and ambassador work Judiciary: screen judicial nominees
- 44. Committee System Conference committees: Temporary committees comprised of members of both houses Develop compromise language for a bill when versions differ After conference committee sends bill back - no amendments are allowed and bill is generally passed “ Third House of Congress” Other Committees Select: temporary purpose in House Joint: Both houses for temporary purpose
- 45. Committee System Party Committees in Congress: Senate: Assigning party members to standing committees: Dems use Steering committee Reps use Committee on Committees House: Assigning party members to standing committees: Dems use Steering and Policy Committee Reps use Committee on Committees
- 46. table 5.2
- 47. Examples Farm subsidy bills go to Agriculture Committee Highway bills go to Transportation Committee GI Bill benefits go to Veteran’s Affairs Committee House Rules Committee decides the order in which bills come up for a vote and determine the rules that govern length of debate and opportunity for amendments
- 48. House committees parallel the executive branch Committee on judiciary checks Justice Department Committee on commerce checks Commerce Department Committee on national security checks Defense Department 95 percent of the 10,000 bills introduced die in committee Committee chair is from majority party Schedules hearings Selects subcommittee members Appoints committee staff
- 49. Influences: Cooperation in Congress Members act for various reasons Politicians are eager to please major campaign contributors Politicians pursue their own agendas When acting as delegates, members do the public's bidding When acting as trustees, members do what they think is right Because of a diversity of interests, legislative consensus is required for bills to become laws Cooperation forms from political parties, regional, or ideological commonalities Cooperation also results from "back-scratching“
- 50. Problems Underlying Cooperation Various policy preferences prevent a dominant view on issues All legislators are equal and therefore cannot succumb to more powerful legislators Ambiguous information on how to solve problems—legislators vote for policies not outcomes
- 51. figure 5.4
- 52. Distributive Tendency in Congress Legislators advocate their constituents' interests to secure appropriations for their districts During campaigns legislators use federal funding to advertise that they are successful for their districts Since all legislators are subject to re-election, there is a tendency for legislators to support others' pet projects in exchange for their support (logrolling)
- 53. Congress Members Rely on Staff System Second in importance to committees Authorized budget Two offices (local and Washington, DC) Handle casework of federal matters
- 54. Tasks of Congressperson’s Staff Handle constituency requests Deal with legislative details Formulate and draft proposals Negotiate with lobbyists Influence legislative process
- 55. Other influences on Members Constituent convictions Members convictions Other members Staff Interest groups, lobbies, PACs Congressional Caucuses (black, Hispanic, etc) President Campaign contributors Media as “watchdog” Party membership of member “ Iron triangles” ( Congressional committee, related federal agency and impacted interest group)
- 56. Caucus System Groups of legislators who share opinions, interests, or social characteristics; Congressional interest group Examples Steel Caucus Caucus for Women’s Issues Black Caucus
- 57. Legislation -Public Bills Concern class action 10,000 introduced per term Five-hundred pass per term
- 58. Legislation -Private Bills Relate to actions on behalf of and relating to a named individual Twenty per term Immigration matters Claims against the government
- 59. Legislation - Resolutions Used to extend existing legislation Simple Pass in only one House depending whom the bill deals with
- 60. Legislation -Concurrent Expression of opinions by Congress and requires approval of both Houses Not sent to the president Does not have the force of law
- 61. Legislation - Executive Documents Treaty ratification (two-thirds of Senate) Confirmation of major appointees, judges, and military officers (simple majority) Reorganization of the executive branch
- 62. After bill is introduced, it is sent to the appropriate committee for deliberation Referred to subcommittee Hearings Testimony Determine whether it should go to full committee for consideration Committee May accept, hold hearings, amend or the bill may die in committee
- 63. If legislation leaves committee, goes to the Rules Committee Closed rule : severe time limits on debate Open rule : no time limits Open rule can allow time for damaging debate and amendments Calendar controls the agenda of the Congress Floor debate : •opportunity for a member to make a position public Controlled by the Speaker or Senate Majority Leader Most time for debate is allotted to bill’s sponsor and its leading opponent What can end a filibuster? (three-fifths majority or sixty votes: cloture)
- 64. If the Bill survives, the Process Continues Senate: non-germane or rider allowed House: limited by the rule that accompanies the bill Voting by roll call Conference Committee Reconciles two versions of a similar bill Usually a compromise President receives the bill and can do three things Sign the bill into law Veto: return bill within ten days with explanation Pocket veto: president takes no action before Congress adjourns
- 65. process box 5.2
- 66. Additional Congressional Powers Oversight Oversee or supervise Executive Actions; broad area or problem Examples Intelligence oversight: ensures military does not collect intelligence on civilians Uncover illegal activities: Iran-Contra
- 67. Additional Congressional Powers Advice and Consent Treaties require two-thirds majority in the Senate Appointments require a majority
- 68. Efforts to level the field when campaigning for office Limit amount of money that can be spent on campaigns House campaigns every two years Average $500,000 Always campaigning Senate every six years Average $10 million Increase access to ballots
- 69. The Case against Congress Congress is inefficient Congress is unrepresentative Congress is unethical Congress is irresponsible Example: Gramm-Rudman-Hollings Bill (instituted mandatory budget cuts since Congress could not balance the budget) Congress delegates its power to Executive