The First Branch: The United States Congress

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The First BranchThe United States Congress
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Evolution of Congress

• Intent of Framers
• Oppose concentration of power in a single
  institution
  
• To balance large and small states bicameralism
• Expected congress to be the dominant institution

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A Bicameral Legislature
The House Wing
The Senate Wing
In order to control the legislative authority,
you must divide it. James Madison, Federalist
No. 51

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I. What the Members of Congress doII. Who are
the Members of CongressIII. Congress compared
to ParliamentIV. Organization - Power and
Leadership of Congress
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Congress It all starts with Article I

• Granted more power in the Constitution than other
  branches.
  
• The Elastic Clause Article 1, Section 8
• The power of Congress is a function of its
  capacity to effectively represent important
  groups and forces in society.
  

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Role of the Legislative Branch

• Make laws, including appropriating all money to
  be spent by any part of government
  
• Oversee the Executive Judicial Branch
• Represent the nation and its diverse interests -
  conflicting roles
  
• One Congress - institution
• 535 special interests - representative of district

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What Members of Congress do

• 1. Introduce legislation
• 2. Offer amendments to legislation
• 3. Vote on legislation
• 4. Serve on Committees
• 5. Participate in party activities
• 6. Meet with organized interests
• 7. Meet with constituents
• 8. Meet with federal agency officials
• 9. Fundraise
• 10. Travel back to their districts
• 11. Manage their staffs

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111th Congress
Term of Senate 6 years
Term of House 2 years
111th Congress will begin on January 3, 2009 T
wo sessions to a Congress
(1 year each)
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Must live in state and district
Must be 25 years or older
The House of RepresentativesRequirements
Must be a U.S. citizen for at least 7 years
Must be elected by the majority of people in
his/her district? 650,000 people on average
Term begins on January 3 and last for 2 years.
One of 435 other members of the House
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Must live in state
Must be 30 years old
The SenateRequirements
Must be a U.S. citizen for at least 9 years.
Must be elected by the majority of registered
voters living in the state
Term begins January 3rd and lasts for six years.
1 of 100 other Senators 2/state
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Office Expenses 127,000 (House)474,000
(Senate)
Salary 165,200/year
Free Office Space in D.C.
What do they both enjoy? Perks of the Office
Free Office Space in State
Staff Salaries 632,000 (House)2 million
(Senate)
Free Parking on the Hill
Several Free Trips Home
Inexpensive Health Care
Franking Privilege mailing official business
(not campaign business) for free.
Full Access to the Congressional Gym and Spa
Immunity from Lawsuits for anything you say when
in Congress
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• Qualifications
• Formal qualifications - House
• 25 years old
• citizen of U.S. for seven years
• citizen of the state you represent (not
  necessarily the district you represent)
  
• Formal qualifications - Senate
• 30 years old
• citizen of the U.S. for nine years
• citizen of the state you represent
• Vocabulary to know Bicameral two houses
  (House of Reps Senate)

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Characteristics of Congress

• Informal qualifications
• male? (87 out of 535 are women 16)
• 50.5 of nation are female
• White? (78 out of 535 are minorities 14.5)
• 20 of nation are minorities
• Wealthy? (cost to run for office...)
• average House over 1 million
• average Senate over 10 million
• Older? (median age in House 55.07, Senate
  60.35)
  

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Whos in Congress?
Women 51 of nation Women 16 of Congress
31 women have served in the Senate
1st Jeannette Rankin voted against declarin
g war on Japan
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110th Congress
First Black U.S. Senator was Hiram Revels
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Party Membership In Congress
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• For comparison purposes, what follows is an
  animated map showing the red/blue breakdown for
  presidential elections from 1960 to 2004.
  
• Minor party votes are shown in green.
• In which of these years did a minor party
  candidate win electoral votes?

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Congress vs. Parliament

• Parliament
• Candidates selected by their party
• Become a candidate by persuading your party to
  place your name on the ballot
  
• Voters choose between national parties
• Members of Parliament select prime minister and
  other leaders
  
• Party members vote together on most issues.
• Renomination depends on remaining loyal to
  party.
  
• Principal work is debate over national issues.
• Members have very little actual power, very
  little pay or resources.

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Congress vs. Parliament

• Congress
• Congressional candidates run in primary election,
  with little party control over their nomination
  
• a. vote is for the candidate, not the party
• b. result is a body of independent
  representatives of districts or states
  
• c. members do not choose the chief executive.
• d. members principal work is representation and
  action power is decentralized and members are
  independent
  
• e. party discipline is limited, not enduring
• f. members have a great deal of power, high pay
  and significant staff resources.
  

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The Organizing Forces within CongressParties are
the Principle Organizing Force
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Organization of Congress

• formal or official leaders - chosen by whole
  body
  
• House
• Speakerfirst woman,
• Nancy Pelosi
• Powers of the Speaker
• set agenda
• preside over House
• assign bills to committees
• put questions to a vote and determine outcome of
  voice votes
  
• chair steering and policy committee
• determine committee chairmanships

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Organization of Congress
House
Steny Hoyer (D-MD) Majority Leader
John Boehner (R-OH) Minority Leader
Roy Blunt (R-MO) Minority Whip
James Clyburn (D-SC) Majority Whip
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Speaker of the House and Majority Leader

• Speaker of the House Nancy Pelosi
• the chief presiding officer of the House
  most important party and House leader, second
  in line for the presidency, after the
  Vice-President.
• Majority Leader Steny Hoyer
• subordinate to the Speaker. manages the
  floor, builds party consensus coordinates
  committee activities, and maintains the floor
  schedule.

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Leader of the House andthe Whips

• Minority Leader John Boehner keeps the peace
  in the party coordinates and leads party
  members works with the majority party
  membership
• WhipsJim Clyburn, House Majority WhipRoy Blunt,
  House Minority Whip
  
• Facilitate communications Count votes
  Persuade party members

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Evolution of Congress

• Distribution of power within congress
• Centralized if the need is for quick and
  decisive action
  
• Decentralized if congressional member and
  constituency interests are to be dominant
  
• General trend toward decentralization

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Development of Senate

• Escaped tensions of the House because of smaller
  size
  
• Smaller, precluded need for Rules Committee
• Balance
• Elected by state legislature, which forced them
  to focus on jobs and contribution for their
  states
  
• Major struggle how they should be chosen, 17th
  amendment (1913) changed to direct election
  
• Filibuster, restricted by Rule 22 (1917), which
  allows a cloture vote (cuts off debate)initially
  by 2/3 vote but now by 3/5 (60 votes)
  

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Whos in Congress?Incumbency

• Low turnover rates and safe districts common in
  Congress before 1980s
  
• Incumbents increasingly viewed as professional
  politicians and out of touch with the people by
  the 1980s
  
• Call for term limits however, natural forces
  were doing what term limits were designed to do
  by the mid-1990s
  
• Influx of new members should not distort
  incumbents' advantage
  
• Vocabulary to know incumbents, marginal
  districts, safe districts, open seats
  

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Whos in Congress - Party

• Gap between votes and seats Democratic vote now
  higher than number of seats won (Wilson says
  reverse because it used to be true).
  
• One explanation Republican legislatures redrew
  district lines to favor Republican candidates
  
• Advantages of incumbency for Democrats turn into
  disadvantages by the 1990s
  
• Republicans win control of Congress in 1994
  (Contract with America)
  
• Republicans replace conservative Democrats in the
  South during the 1990s
  
• More party unity, especially in the House, since
  the 1990s
  
• Republicans lose control of both houses in 2006
  midterm elections

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Think about

• What were the reasons why there more new members
  to the House in the early 1990s?
  
• Why have more congressional districts become
  safer for incumbent reelection?
  
• What are the possible explanations for why the
  Democrats dominated Congress from 1933-1994?
  
• Why has Congress become more ideologically
  partisan since the 1980s?

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110th Congress Popular Vote vs. Representation
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How do they represent their constituents?

• Representational view
• Assumes that members vote to please their
  constituents
  
• Constituents must have a clear opinion of the
  issue
  
• Very strong correlation on civil rights and
  social welfare bills
  
• Very weak correlation on foreign policy
• May be conflict between legislator and
  constituency on certain measures gun control,
  Panama Canal treaty, abortion
  
• Constituency influence more important in Senate
  votes
  
• Members in marginal districts as independent as
  those in safe districts
  
• Weakness of representational explanation no
  clear opinion in the constituency
  

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Who do they represent?

• Organizational view
• Assumes members of Congress vote to please
  colleagues
  
• Organizational cues
• Party
• Ideology
• Problem is that party and other organizations do
  not have a clear position on all issues
  
• On minor votes most members influenced by party
  members on sponsoring committees
  

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Think about

• How have districts been designed to increase
  minority representation and what has the Supreme
  Court ruled about this?
  
• What is the difference between descriptive and
  substantive representation?
  
• What is the sophomore surge? Why does it happen?
  What effects does it have?
  
• Summarize the three theories of how members of
  Congress behave.

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Who do they represent?

• Attitudinal view
• Assumes that ideology affects a legislator's vote
  
  
• House Members tend more than Senators to have
  opinions similar to those of the public.
  
• 1970s senators more liberal
• 1980s senators more conservative
• Prior to 1990s, southern Democrats often aligned
  with Republicans to form a conservative
  coalition.
  
• Conservative coalition no longer as important
  since most southerners are Republicans and most
  northeasterners are Democrats
  

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Ideology and Civility in Congress

• Members of Congress more sharply divided
  ideologically than they once were
  
• New members of Congress are more ideological
• Members of Congress more polarized than voters
• Democrats more liberal/Republicans more
  conservative
  
• Voters closer to center of political spectrum
• Members of Congress (especially the House) do not
  get along as well as they once didless civility
  and collegiality, more partisanship

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The organization of Congress parties and
caucuses

• Party organization of the Senate
• President pro tempore presides member with most
  seniority in majority partybut usually other
  members of majority party sit in the chair in his
  place
• Leaders are the majority leader and the minority
  leader, elected by their respective party members
  
  
• Party whips keep leaders informed, round up
  votes, count noses
  
• Policy Committee schedules Senate business
• Committee assignments
• Democratic Steering Committee
• Republican Committee on Committees
• Emphasize ideological and regional balance
• Other factors popularity, effectiveness on
  television, favors owed
  

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Party structure in the House

• Speaker of the House as leader of majority party
  presides over House
  
• Decides whom to recognize to speak on the floor
• Rules of germaneness of motions
• Decides to which committee bills go
• Appoints members of special and select committees
  
  
• Has some patronage power
• Majority leader and minority leader
• Party whip organizations
• Democratic Steering and Policy Committee, chaired
  by Speaker
  
• Makes committee assignments
• Schedules legislation
• Republican Committee on Committees makes
  committee assignments
  
• Republican Policy Committee discusses policy
• Democratic and Republican congressional campaign
  committees

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The strength of party structure

• Loose measure is ability of leaders to determine
  party rules and organization
  
• Tested in 103d Congress 110 new members
• Ran as outsiders
• Yet reelected entire leadership and committee
  chairs
  
• Senate different since transformed by changes in
  norms, not rules now less party centered, less
  leader oriented, more hospitable to new members
  

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Party unity

• Recent trends
• Party unity voting higher between 1953 and 1965
  and lower between 1966 and 1982
  
• Party unity voting increased since 1983 and was
  norm in the 1990s
  
• Party unity voting lower today than in the 1800s
  and early 1900s
  
• Party splits today may reflect sharp ideological
  differences between parties (or at least their
  respective leaders)
  
• Such strong differences in opinion are not so
  obvious among the public
  
• Impeachment vote in 1998 did not reflect public
  opinion
  
• Congressional Democrats and Republicans also more
  sharply divided on abortion
  

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Party Unity

• Why are congressional Democrats and Republicans
  so liberal and conservative?
  
• Most districts are drawn to protect partisan
  interests
  
• Few are truly competitive
• Primary elections count for more and ideological
  voters are more common in such a low turnout
  environment
  
• Voters may be taking cues from the liberal and
  conservative votes of members of Congress
  
• Committee chairs are typically chosen on the
  basis of seniority
  
• They are also usually from safe districts
• And hold views shaped by lifetime dedication to
  the cause of their party
  

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Think about

• Why has civility decreased among legislators?
• What are the principal jobs and responsibilities
  in the party leadership in the Senate?
  
• What are the powers of the Speaker of the House?
  How did Newt Gingrich change the structure of the
  House?
  
• Why are the members of each party so polarized
  today?
  
• What are caucuses and why are they important?

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The organization of Congress committees

• Standing or Legislative committees most important
  organizational feature of Congress
  
• Permanent, subject-matter committees
• Consider bills or legislative proposals
• Maintain oversight of executive agencies
• Conduct investigations

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The organization of Congress committees

• Types of committees
• Select committees--groups appointed for a limited
  purpose and limited duration
  
• Joint committees--those on which both
  representatives and senators serve
  
• Conference committee--a joint committee appointed
  to resolve differences in the Senate and House
  versions of the same piece of legislation before
  final passage
• Standing committees--most important type of
  committee
  
• Majority party has majority of seats on the
  committees
  
• Each member usually serves on two standing
  committees
  
• Chairs are elected, but usually the most senior
  member of the committee is elected by the
  majority party
  
• Subcommittee "bill of rights" of 1970s changed
  several traditions
  
• Opened more meetings to the public
• Allowed television coverage of meetings
• Effort to reduce number of committees in
  1995-1996
  

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Organization of Congress - Committees

• Decentralization has increased individual
  member's influence
  
• Less control by chairs
• More amendments proposed and adopted
• Ideological orientations of committees vary,
  depending on attitudes of members
  
• Certain committees tend to attract particular
  types of legislators
  
• Policy-oriented members
• Constituency-oriented members

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The organization of Congress staffs and
specialized offices

• Tasks of staff members
• Constituency service major task of staff
  (Casework)
  
• Legislative functions monitoring hearings,
  devising proposals, drafting reports, meeting
  with lobbyists, advising member how to vote,
  meeting with constituents, answering constituent
  mail and phone calls
• Staff members consider themselves advocates of
  their employers
  

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The organization of Congress staffs and
specialized offices

• Growth and influence of staff
• Rapid growth a large staff itself requires a
  large staff
  
• Larger staff generates more legislative work
• Members of Congress can no longer keep up with
  increased legislative work and so must rely on
  staff
  
• Results in a more individualistic Congress

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How a bill becomes law

• Bills travel through Congress at different speeds
  
  
• Bills to spend money or to tax or regulate
  business move slowly
  
• Bills with a clear, appealing idea move
  fastExamples "Stop drugs," "End scandal,
  Authorize war in Iraq
  
• Introducing a bill
• Introduced by a member of Congress hopper in
  House, recognized on floor in Senateonly members
  may introduce bills
  
• Most legislation has been initiated in Congress
• Presidentially-drafted legislation is shaped by
  Congress
  
• Resolutions
• Simple--passed by one house affecting that house
  
  
• Concurrent--passed by both houses affecting both
  
  
• Joint--passed by both houses, signed by president
  (except for constitutional amendments)
  

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How a bill becomes a law

• Study by committees
• Bill is referred to a committee for consideration
  by either Speaker or presiding officer
  
• Revenue bills must originate in the House
• Most bills die in committee
• Hearings are often conducted by several
  subcommittees multiple referrals (replaced by
  sequential referral system in 1995)
  
• Markup of billsbills are revised by committees
• Committee reports a bill out to the House or
  Senate
  
• If bill is not reported out, the House can use
  the discharge petition
  
• If bill is not reported out, the Senate can pass
  a discharge motion
  
• House Rules Committee sets the rules for
  consideration
  
• Closed rule sets time limit on debate and
  restricts amendments
  
• Open rule permits amendments from the floor
• Restrictive rule permits only some amendments
• Use of closed and restrictive rules growing
• Rules can be bypassed by the House
• No direct equivalent in Senate

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How a Bill Becomes a Law

• Floor debate, House
• Committee of the Whole--procedural device for
  expediting House consideration of bills but
  cannot pass bills
  
• Committee sponsor of bill organizes the
  discussion
  
• Floor debate, Senate
• No rule limiting debate or germaneness
• Entire committee hearing process can be bypassed
  by a senator
  
• Cloture--sets time limit on debate--three-fifths
  of Senate must vote for a cloture petition
  
• Both filibusters and cloture votes becoming more
  common
  
• Easier now to stage filibuster
• Roll calls are replacing long speeches
• But can be curtailed by "double
  tracking"--disputed bill is shelved
  temporarily--making filibuster less costly
  

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How a Bill Becomes a Law

• To investigate voting behavior one must know how
  a legislator voted on amendments as well as on
  the bill itself.
  
• Procedures for voting in the House
• Voice vote
• Division vote
• Teller vote
• Roll call voteHouse votes by electronic device
• Senate voting is the same except no teller vote

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How a Bill Becomes a Law

• Differences in Senate and House versions of a
  bill
  
• If minor, last house to act merely sends bill to
  the other house, which accepts the changes
  
• If major, a conference committee is appointed
• Decisions are made by a majority of each
  delegation Senate version favored
  
• Conference reports back to each house for
  acceptance or rejection
  
• Bill, in final form, goes to the president
• President may sign it
• If president vetoes it, it returns to the house
  of origin
  
• Either house may override the president by a vote
  of two-thirds of those present
  
• If both override, the bill becomes law without
  the president's signature
  

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How a Bill Becomes a Law
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Full Voteto the ConferenceCommitteeand over to
the President

• Action on the Floor
• - Debate
• - Amendments
• - The full vote in each ouse
• Conference Committee
• - Reconciling differences
• Another vote on final passage in each
  chambermust pass both houses in exactly the same
  form, down to the last dotted I
  
• On to the President
• Vetocan be overridden by 2/3 vote of both
  houses
  
• Pocket Veto
• Signing a bill into law