Congress/Legislative Branch

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Congress/Legislative Branch

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Title: Congress/Legislative Branch

1
Congress/Legislative Branch

(1). Examine the bicameral structure Congress,
discuss turnover reapportionment.
(2). Outline how Congress has evolved and changed
since its creation, and the role of standing
committees, seniority rule, and subcommittees.
(3). Discuss Congressional elections and the
advantages enjoyed by, to include single member
districts, redistricting, gerrymandering, home
style, case work, franking, campaign fund
raising, party identification name recognition.
(4). Explain election outcomes when incumbents do
lose and the reason given, to include Potomac
fever, scandal, midterm election messages
desire for divided government.
(5). Analyze the demographic profile of who
serves in Congress, and contrast descriptive
representation with that of political
representation.
(6). Discuss the workload of Congress and assess
potential conflicts of interests.
(7). Examine Congress as an organization, and the
role of political parties leadership, to
include caucus, conservative coalition,
conference select committees, key staffs.
(8). Examine the legislative process, and outline
how bills become laws (see Fig. 11-8).
(9). Identify define key relevant terms used by
Congress during the legislative process.
(10). Discuss the potential conflict between
personal versus constituent policy preferences.
(11). Contrast the various kinds of policy
oversight conducted by Congress.
(12). Analyze the different theories of delegate
and trustee representation in Congress.
(13). Assess the political effectiveness of
Congress and its prospects for the future.

2
The Structure of Congress

What kind of structure does Congress have?
Bicameral legislature
What does that mean?

3
Bicameral Legislature
A legislature with two housessuch as
House of Represen-tatives
Senate
4
Capital Hill
Impact that favors?
What kind of majority required to pass
legislation?
Sometimes resulting in?
5
House Rules
House of Representatives

All Representatives elected every two years
Total number capped at 435 members
435 seats divided among the 50 states
Number of Representatives for each state
proportionate to total population (Census)

6
The House of Representatives

Turnover gt impact of 2 year term of office?
Theoretical impact gt more responsive
Closer to mood of the people why?
Reapportionment?
Based on what every 10 years?
Only applies to House? Why?
AKA Redistricting
What are the various ways to redistrict ?

7
Redistricting Counting the ways
8
Evolution of Congress Historic overview

Broad Constitutional guidance (Article I)
Both Chambers determine own rules
Senate requires 2/3 majority to change it rules
How much of a majority does House require?
Impact of these rules on each chamber?
Changing Attitudes Toward Service in Congress
Early attitudes towards service?
Interest centered in State politics regular
Rotation gt
High turnover gt impact? (see career of Henry
Clay)

Impact on members of Congress as it evolved?
9
Evolution of Congress
Early on, members of Congress did not stay in
Congress long
Since then, many members of Congress serve for
many years
What other changes occurred?
10
Change in the House

Major Shiftgt Congress viewed more more as
career
Dramatic social economic change during 19th
century
Rapid Industrialization, urbanization,
immigration
Power shifts from the State to the Federal
Government
Role of Congress in interstate commerce
national economy
Result Proper decorum parliamentary rules
More civil behavior among members
No personal attacks allowed (decorum sometimes
over the top)
Power of Speaker role of Committee Chairman
rise
Key assignments controlled by Speaker till 20th
cent.

11
Change in the House The 1910 Revolt
1910 the rank file revolted against autocratic
rule Of Congressional leaders (Speaker controlled
all) - Revolt results in new rule seniority
rule (?)
The congressional norm of making the member of
the majority party with the longest continuous
service on a committee the chair of that committee
12
Change in the House the 70s

Similar change occurred during 1970s-1980s
Revolt against committee chairs (Democrats)
Resulted in rise of powerful subcommittees chairs
Decentralization of House powergt impact?
Gridlock on the national budget other bills
All members gradually came see to need for reform
Gradual re-centralization (power back to Speaker)
But reform also tempered by memory of 1910 revolt
Although Majority party leadership was made
stronger
Rank file House members still retained final
veto power

13
Change in the House Newts era

1995 GOP changes under Newt Gingrich
Greater power concentrated in the Speaker
Control of Committee assignments
Control over which committee considered
legislation
Then came 1998 midterm elections
Impact The more things change
Gingrich lost power when GOP lost seats in House
Resigned as Speaker and from the House itself

How is the Senate different from the House and
how has it changed?
14
Rules of the Senate

Senators serve six year terms
1/3 of class elected every two years (why?)
Reduce turnover effect
Each state has two senators
Vacancies in Senate can be filled through
appointment (state rules)

Senate

15
The Senate How is it different?

Make up longer terms impact on Senate?
Less is more? (100 vs. 435) (6 vs. 2 years)
Less responsive to voters why?
How did 17th Amendment change Senate?
From Elite Mens Club w/apprenticeship period to
Direct versus indirect elections by state
legislaturegt impact?
New Rules of 1970s gt more decentralized power
Individual junior Senators more active in floor
debate
Result power in Senate more dispersed than in
House
Role and impact of requirement for unanimous
consent
NTL less visible change than in the House why?
Senate rule changes require 2/3 vote gt impact
How is this different from House what is the
effect?

16
Getting Staying ThereCongressional Elections

Incumbents and Reelection
Overwhelming prospects for reelection (Figure
11-1)
House incumbents 92 vs. Senate 78
Key questions
Why do incumbents who run usually win?
Why do House incumbents do better than Senate?

17
Incumbent Reelection (1946-2002)
18
Now 98 (2004)
Now 96 (2004)
19
The Election Setting Reelection

Single-member districts gt impact?
Each district Rep. likely to share views of
constituent majority
If they didnt they probably couldnt get
elected!
Redistricting Maps drawn to favor incumbents
Party in control of State Legislature draws the
map
Various options shown by Figure 11-2

Most likely option to be chosen? (Midterm
redistricting in Texas- Tom Delay)
20
Districts (Reps) vs. States (Senators)

Homogeneous voters of districts vs. that of State
Californias diversitygt example (Table 11-1)

Impact on House vs. Senate reelections?

21
Incumbent Advantages?
Responsibility
Resources of Office
Franking Privilege
22
The Incumbents Advantages

Home style presentation to constituents (voters)
Advantage of Responsibility (of the office)
Bringing home the pork to ones State or district
Supporting popular views of their constituents
Free advertisement of incumbents official
activities
Local media reporting of Congress press releases
Resources of Office
Constituent service staff responsive to voters
Who is a helped voter likely to vote for in
future?
to return home on weekendsgt direct meetings
w/Voters
Franking privilege (Newsletters- Figure 11-4)

23
Franking Privilege?
The right of a member of Congress to send
official mail without paying postage.
24
Campaign Money

Election money is necessary for
Campaign workers
Pollsters
Offices
Advertising
Other expenses

Campaign Money- contributors go with winners
- (As result who is most likely to win?)

Incumbency status makes raising easier (Fig
11-5)

25
Sources of Funds for Congressional Candidates-
2004 Elections
26
Name Recognition Its Advantages

Name Recognition- ultimate advantage of incumbent
Voters vote for who they know like
Even though voters may dislike Congress in
general
The voters invariably like their own
representative
(Or vote for whose name they recognize on the
ballot)
Sort of like the way some answers are selected
during exams?
What are the disadvantages of the Challenger?
(the reverse of all of the above)

27
Voters and Election Outcomes

Sowhen do incumbents lose?
Lose touch with constituents (perception)
Potomac fever (Lost inside the Beltway)
Scandal gt Bad Press back home
Midterm elections- unpopular president
Voters send a message to party in power
Senators especially vulnerable
Another factor Divided government?

28
Divided Government
When the president is of one party and the other
party has a majority in at least one house of
Congress
Dealignment trends influences gt rise of
independents - Desire of voters for checks
balances - Impact of recent growing
polarization Polls
29
Serving in Congress

Who Serves?
(Typical member profile?)
White, male, lawyers
Two types of representation?
Descriptive versus?
Policy representation
Does it make a difference?
Text Table 11-2
(policy representation)
Figure 11-6
(descriptive representation)

30
Serving in Congress

Congress as a Job
High socio-economic status
162K, power, meaningful, fulfilling work
Great medical pension benefits (124K/year)
Cost to member to serve?
Time family sacrifice (heavy schedule Text Fig
11-7)
Key issues of concern Congress and Ethics
Corruption? (rare cases- scandals of 1980s
more recent)
Recent indictment of Tom DeLay SEC
investigation of Bill Frist
Conflicts of interest? (sometimes- also revolving
door)
Stricter rules in recent years (restrictions on
gifts)
Key avoid the perception of possible corruption

31
Congress as an Organization Overview
32
Congress as an Organization

Political Parties in Congress
Provide cohesion, direction, and organization
coordinate party government (across other
branches)
Party leadership not always followed by
members-why?
Party Leadership in Congress
Role of Majority party leadershipgt cohesive
policies
Who is the key institutional leader of the
House?
What is his/her key role and responsibilities?

33
Speaker of the House

Chief Parliamentary Officergt controls process
debate
Controls legislation referred to committee
Schedules when legislation will be debated on
floor
Recognizes members on floor during a debate
Decides when to call a vote
Speakers Informal powers
Controls flow of information to House membership
Power to give or withhold favors
Also leader of the majority party (Who currently
holds office?)
Who are the Speakers key assistants?

34
Majority Leader
Majority Whip

Leaderships chief vote counter
Monitors mood of House mbrs
Keeps leadership informed
Informs members of schedule how to vote along
party lines
Compel votes along party lines?

Helps schedule legislation
Helps develop party positions
Speaks for party on House floor
(why not the Speaker instead?)
Institutional leader of all mbrs

35
Responsible for keeping majority party unified
and helping to craft strategies for the majority
party
Whats the role of the Minority Leadership?

Loyal opposition gt (to majority party in power)
Minority Strategies available?

- Cooperate - Compete - Obstruct

Strategy usually selected? gt role of timing

36
Senate Leadership

Senate Majority Leader
Power in contrast to the Speaker of the House?
(Herding cats?)
Role of Unanimous Consent for the Senate?
How is the leadership positions determined?
What mechanism is used to select party leaders?
(Applies to both House and Senate)

37
Caucus
A closed meeting of members of a political party
to discuss matters of public policy and political
strategy, and in some cases, to select candidates
for office.
38
Committees of Congress
Which type of Committee does the Congress use to
do its work?
Standing Committee
A permanent committee in Congress with
jurisdiction over a specific policy area. Such a
committee has tremendous say over the details of
legislation within its jurisdiction.
Most powerful House Standing committees?
Appropriations, Rules, Ways Means
39
Committees of Congress

What are the other types of Committees?
Select committees
Special area or finite duration (investigations)
No power to report out legislation
Conference committees gt purpose role?
Committee of both Houses to resolve differences
in a Bill
Recent trends in how used by current majority in
power
Re-writing the Bill from scratch
Contrasting approach of the two Chambers
House vs. Senate (expert vs. generalists) gt
impact?

40
Senate Organization Chart
Most powerful Senate Standing committees?
Appropriations, Finance, Armed Services, Foreign
Relations
41
Congressional Staffs

Purpose support the members of the House
Senate
Personal staff (constituent services)
Focus reelection of member
Committee staffs (subject expertise)
Standing Select committees
Congressional support agencies
Congressional Research Service
Government Accounting Office (GAO)
Congressional Budget Office (CBO)
Staff growth has been significant why?
Federal government expanding role
Compete with Executive branch
Power of staff members? (Sheila Burke for Sen.
Dole)

42
The Business of Congress

Congress makes laws
The Legislative Process
1. Policy initiation (source of policy ideas?)
Co-sponsorship (getting support)
Members key role introduce bill
2. Committee Process
How a Bill becomes law gt

43
How a Bill becomes Law- Overview
44
Legislative Process in House of
Representatives
Member Introduces Bill
Note Same version of the bill must pass both
Houses
Bill reported out by full committee
45
The House Rules Committee
Rules Committee Action
Debate and Vote
46
Lawmaking in the Senate
Bill Referred to Committee
Bill Referred to Subcommittee (Markup)
Bill Reported by Full Committee
47
Lawmaking in Senate Debate Vote
Debate Scheduled by Informal Negotiation
Debate and Vote before full Senate
48
The Legislative Process (Summary in detail)

See www.Congress.org for specific details (click
on The Legislative Process)
Introduction of the Bill (must be introduced by
either Senator or Representative)
Step 1 Referral to Committee
Step 2 Committee Action
Step 3 Subcommittee Review
Step 4 Mark Up
Step 5 Committee Action to Report A Bill
Step 6 Publication of a Written Report
Step 7 Scheduling Floor Action
House Rule Committee Action gt House Rule
Senate informal coordination between Majority
Minority Ldrs
Step 8 Debate on the Floor of House (or Senategt
Filibuster Cloture)
Step 9 Voting (with amendments approved or voted
down)
Step 10 Referral to the other Chamber (process
starts all over)
Step 11 Conference Committee action
Step 12 Final Actions gt voted on in identical
form by both Houses
If concurrent majority gt sent to President
approved in identical form by both Houses
President either signs or ignores (becomes law if
in session), or vetoes or ignores (pocket veto)
Step 13 Congress may attempt to override
Presidents veto

49
Strategies of Delay in the Senate
Filibuster
The tactic of stalling a bill in the Senate by
talking endlessly about the bill in order to win
changes in it or kill it.
How can this attempt to delay or kill a bill be
stopped?
50
Cloture
The procedure to stop a filibuster, which
requires a supermajority of sixty votes.
Recent Polarization the Nuclear
Option? Changing Senate Rules it impact
51
Decision Making