1. CHAPTER 11 CONGRESS

2. "If con is the opposite of pro, is congress the opposite of progress?

3. THEME A ‑ The Power of Congress in the American System
See Powers of Congress ‑ Article I, Section 8, US Constitution

4. Congress: the "first branch"
This branch has considerable power
Many consider this branch to be the one most badly in need of repair
The puzzles, processes and actions of this branch say a great deal about America's representative democracy

5. Congress versus Parliament
Parliamentary candidates are selected by party
Members of Parliament select prime minister and other leaders
Party members vote together on most issues
Renomination depends on loyalty to party
Principal work is debating national issues
Very little power, very little pay
Congressional candidates run in a primary election, with little party control
Vote is for the man or woman, not the party
Result is a body of independent representatives
Members do not choose the president
Principal work is representation and action
Great deal of power, high pay; parties cannot discipline members

6. The Evolution of Congress
Intent of the Framers
To oppose concentration of power in a single institution
To balance large and small states: bicameralism
Traditional criticism: Congress is too slow
Centralization needed for quick and decisive action
Decentralization needed if congressional constituency interests are to be dominant

7. Development of the House
Always powerful but varied in organization and leadership
Powerful Speakers
Powerful committee chairmen
Powerful individual members
Ongoing dilemmas
Increases in size have lead to the need for centralization and less individual influence
Desire for individual influence has led to institutional weakness

8. Development of the Senate
Structural advantages over the House
Small enough to be run without giving authority to small group of leaders
Interests more carefully balanced
No time limits on speakers or committee control of debate
Senators not elected by voters until this century
Chosen by state legislators
Often leaders of local party organizations
Major changes
Demand for direct popular election
Intense political maneuvering and the Millionaire's Club
Senate opposition and the threat of a constitutional convention
17th Amendment approved in 1913
Filibuster restricted by Rule 22 - though tradition of unlimited debate remains

9. Reassertion of Congressional Power in 1970s
Reaction to Vietnam and Watergate
War Powers Act of 1973
Congressional Budget and Impoundment Act of 1974
Increased requirement for legislative veto

10. THEME B ‑ Who Gets to Congress
WHO IS IN CONGRESS?
Sex and Race
Years of Service

11. Who is in Congress
The beliefs and interests of members of Congress can affect policy
Sex and race
House has become less male and less white
Senate has been slower to change, but several blacks and Hispanics hold powerful positions
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

12. Who is in Congress Party Democrats are beneficiaries of incumbency
Gap between votes and seats: Republican vote higher than number of seats won
One explanation: Democratic legislatures redraw district lines to favor Democratic candidates
But research does not support; Republicans run best in high turnout districts, Democrats in low turnout ones
Another explanation: incumbent advantage increasing
But not the reason; Democrats field better candidates whose positions are closer to those of voters

13. Who is in Congress
Advantages of incumbency for Democrats turn into disadvantages by the 1990s
Republicans win control of Congress in 1994
Republicans replace conservative Democrats in the South during the 1990s
More party unity, especially in the House, since the 1990s

15. GETTING ELECTED TO CONGRESS
Determining Fair Representation – House Member Represents Approximately 670, 000 people
Gerrymander and Malaportionment

16. Malapportionment
Drawing the boundaries of political districts so that districts are unequal in population.

17. Gerrymander
Drawing the boundaries of political districts in bizarre or unusual shapes to make it easier for candidates of a particular party/ethnic group to win

18. THEME C ‑ Congressional Organization and Procedures
1. Party Organization - Senate
A. President pro tempore presides, member with most seniority in majority party.
B. Leaders are the majority leader and minority leader — elected by party.
C. Party whips — keep leaders informed, round up votes, count noses.

19. 2. Party Organization - House. House rules give leadership more power.
A. Speaker of the House is leader of the majority party- presides over house.
Decides whom to recognize to speak on floor.
Rules on germaneness of motions
Decides to which committee bill goes.
Appoints members of special and select committees.
B. Majority leader (floor leader) and minority leader
C. Party Whip

20. 3. Opinion and interest groupings
4. Committees - Standing, Select, Conference, Staff, Staff Agencies

23. THE ORGANIZATION OF CONGRESS: PARTIES AND INTERESTS
CAUCUSES
Democratic Study Group (DSG)
Conservative Democratic Forums
Wednesday Group
Congressional Black Caucus
State Delegations
Specialized Caucuses

24. THE ORGANIZATION OF CONGRESS: STAFF AND SPECIALIZED OFFICES
Tasks of Staff Members
Staff Agencies
1. Congressional Research Service (CRS)
2. General Accounting Office (GAO)
3. Office of Technology Assessment (OTA)
4. Congressional Budget Office (CBO)

25. HOW A BILL BECOMES LAW
Introducing a Bill
Study by Committee - most bills die in committee
Floor Debate ‑ The House — Amendments must be germane. Closed rule sets time limit on debate.
Floor Debate ‑ The Senate - Amendments need not be germane. Time limit only established by cloture to stop filibuster. 3/5 vote to end debate.

26. How a bill becomes a 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 fast Examples: "Stop drugs," "End scandal"
Introducing a bill
Introduced by a member of Congress: hopper in House, recognized in Senate
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)

27. 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 bills--bills are revised by committees

28. How a bill becomes a law
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

29. How a bill becomes a law Floor debate, House Floor debate, Senate
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

30. Methods of Voting
Voice Vote
Division Vote
Teller Vote (House Only)
Roll Call

31. 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

32. How a Bill Becomes a Law

34. THEME D
Does Congress Represent Constituents' Opinion?
1. Representative
2. Organizational
3. Attitudinal

35. 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

36. 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

37. 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

38. 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 did

39. Reducing Power and Perks
Many proposals made to "reform" and "improve" Congress
Common perception it is overstaffed and self-indulgent
Quick to regulate others, but not itself
Quick to pass pork barrel legislation but slow to address controversial questions of national policy
Use of franking privilege to subsidize personal campaigns
Proposals to abolish it
Proposals for restrictions on timing of mailings and a taxpayer "notice"
Congressional Accountability Act of 1995
For years Congress routinely exempted itself from many of the laws it passed
Concern for enforcement (by Executive branch) and separation of powers
1995 Act
Obliged Congress to obey eleven major laws
Created the Office of Compliance
Established an employee grievance procedure

40. THEME E ‑ Ethics and Congress
1977 Code of Ethics
1. Financial‑Disclosure Statement
2. Honoraria prohibited by House. Senate must be donated to a charity.
3. House and Senate ‑ maximum of 15% of salary in outside earned income not including stocks and bonds.

41. Problem of defining unethical conduct
Violation of criminal law is obviously unethical
Since 1941, over one hundred charges of misconduct
Most led to convictions, resignations, or retirements
Ethics codes and related reforms enacted in 1978, 1989, and 1995 have placed members of Congress under tight rules
Other issues are more difficult.
A substantial outside income from speaking and writing does not necessarily lead to vote corruption.
Personal friendships and alliances can have an undue influence on votes.
Bargaining among members of Congress may involve exchange of favors and votes.

42. Summary: The old and the new Congress – Since Second World War
House has evolved thru three stages
Mid-1940s to early 1960s
Powerful committee chairs, mostly from the South
Long apprenticeships for new members
Small congressional staffs
Early 1970s to early 1980s
Growth in size of staffs
Committees became more democratic
More independence for members
Focus on reelection
Early 1980s to present
Strengthening and centralizing party leadership
Senate meanwhile has remained decentralized throughout this period

43. Self Test

44. For more information about this topic, link to the Metropolitan Community College Political Science Web Site