1. CONGRESS Chapter 7 American Government: Continuity and Change O’Connor and Sabato

2. Chapter 7 overview…  Roots of the Legislative Branch  The Constitution and the Legislative Branch  The Members of Congress  How Congress is Organized  The Law-making Function of Congress  How Members Make Decisions  Congress and the President

3. Roots of the Legislative Branch  The U.S. Congress was greatly influenced by the American colonial experience and by the Articles of Confederation.  Colonists carried on the tradition of a two-house legislative body  First national colonial legislature was the First Continental Congress (met in 1774 to develop a common colonial response to the Coercive Acts) No power to force compliance, but led to boycott of British goods and colonial militias)

4. Roots of the Legislative Branch (cont.)  Second Continental Congress met in 1775 United the colonies in preparation for war, created a national army, officially adopted the Declaration of Independence  Articles of Confederation were drafted and adopted in 1777 by Second Continental Congress Gave Congress the power to declare war, raise an army, make treaties and coin money, BUT had no source of income  The weaknesses of the Articles led to the Constitutional Convention in 1787

5. The Constitution and the Legislative Branch of Government  The upper house is called the Senate in which each state receives two representatives (equal representation).  The Senate has a six-year term with 1/3 of the seats up for reelection every two years.  The lower house is called the House of Representatives which is apportioned by population (proportionate representation).  House members serve two-year terms. Article I creates a bicameral legislative branch of gov’t.

6. The Constitution (cont.)  House members must… Be at least 25 years old Have lived in the US for at least seven years Be legal residents of the districts/states they represent  Senators must… Be at least 30 years old Have lived in the US for at least nine years Be legal residents of the states they represent Constitutional requirements for Congressional membership:

7. Apportionment and Redistricting  The Constitution requires that all Americans be counted every ten years by a census.  The census determines representation in the House of Representatives.  Redistricting (the redrawing of congressional districts to reflect changes in seats allocated to the states from population shifts) is done by state legislatures and, of course, always has political overtones.  When the process is outrageously political, it is called gerrymandering and is often struck down by the courts.

8. Constitutional Powers of Congress  The most important constitutional power of Congress is the power to make laws.  This power is shared by the House and the Senate.  In order to become a law, a bill must be passed by both the House and the Senate.

9. Powers of Congress Taxation Lawmaking Declare War Regulate Commerce Spend Money Create Courts Make all laws “necessary and proper” to carrying out the enumerated powers

10. Key Differences Key Differences House Senate Two-year term 435 members Initiate revenue bills Initiates impeachment Focus on tax policy Formal rules/requirements Six-year term 100 members Offers “advice and consent” in many presidential appointments Tries impeachment Ratifies treaties Focus on foreign policy Less formal

11. Changing Role/Status of Congress members:  Historically, Congress members spent very little time in D.C.  Congress was seen as a stepping stone to other political positions  Today…many members see themselves as “Congressional careerists” despite challenges Maintaining two homes, political scandals, intense media scrutiny, partisan politics, etc.

12. Members of Congress  Must work to please two constituencies: Political party leaders, colleagues, lobbyists in DC Constituents at home  Wide range of duties (see p. 227)  Communication w/ constituents is important Newsletters, town meetings, staffers  Casework: the process of solving constituents’ problems dealing with the federal bureaucracy

13. What is the Incumbency Factor?  The fact that being in office helps a person stay in office because of a variety of benefits that go with the position Name recognition Access to press (free media) Fund-raising advantages Established communication w/ constituents Experience in running a national-level campaign  On average 95% of incumbents seeking re-election win re- election (in 2002, 98% won!)

14. Term Limits  Restrictions that limit how long an individual may serve  There are currently NO term limits on Congress members  What would it take? Supreme Court has ruled state-imposed term limits on federal office-holders unconstitutional It would take a constitutional amendment to make this happen Was voted down by Congress in the past

15. The Members of Congress  Congress is older, better educated, whiter, and richer than most of us. Average age in House: 54 (Range 32-83) Average age in Senate: 62 (Range 43-89) “Millionaires Club” However, progress towards more diverse representation has been made.

17. The Representational Role of Members of Congress  How should an elected official represent his/her constituents?  Trustee--representatives use their own best judgment  Delegate--representatives vote the way their constituents want them to  Politico--representatives act as trustee or delegate depending on the issue

18. How Congress is organized  Every two years, a new Congress is seated. Current Congress is the 110 th  The first order of business is the election of leaders and adoption of new rules.  Both houses of Congress are organized on the basis of political party for both leadership and committee purposes.

19. Different Types of Congressional Committees  Standing Committee: continues from one Congress to the next.  Joint Committee: set up to expedite business between the two houses.  Conference committee: special joint committees that resolve differences in bills passed by either house.  Ad hoc, special, or select committees: temporary committees designed for a specific purpose.

21. The Law-Making Function of Congress  Only a member of the House or Senate may introduce a bill but anyone can write a bill.  Over 9,000 bills are proposed and fewer than 10% are enacted.  Most bills originate in the Executive Branch.  A bill must survive three stages to become a law: committees, the floor, and the conference committee. A bill can die at any stage.

22. How Members Make Decisions  It is rare for a legislator to disregard strong wishes of constituents, particularly on hot-button issues or those contentious issues that get a lot of media attention.  The perceptions of the representative are important since he/she cannot really know how all the constituents feel about an issue.  If constituents have little knowledge or interest in an issue, the legislator often makes an autonomous decision (i.e. trustee).

23. Representative Colleagues Constituents Staff Caucuses Party Interest Groups Political Action Committees How Members Make Decisions

24. Congress and the President  Especially since the 1930s, the president has seemed to be more powerful than Congress.  However, Congress retains several key powers in relation to the president: funding powers impeachment/removal oversight

25. Congressional Oversight of the Executive Branch  Congress has the power to review the actions of the Executive Branch  Congressional oversight is used to ensure that the bureaucracy is enforcing and interpreting laws the way Congress intended.

26. Continuity and Change  The framers of the U.S Constitution placed Congress at the center of the government.  In the early years of the republic, Congress held the bulk of power.  The face of Congress is changing as women and minorities have achieved seats.  Today, the presidency has become quite powerful, particularly since FDR.  Congress now generally responds to executive branch legislative proposals.