2 The Roots of the Legislative Branch Colonial AssembliesBicameral legislative bodiesOne popularly elected houseOne Crown-appointed councilServed as Advisory CouncilTo the King-appointed governorsPowerLimitedIncreasingly over taxation & spendingLegislation on religious mattersRegulate production of goods in colonies
3 The Roots of the Legislative Branch 1st Continental Congress (1774)1st National LegislatureTo respond to the Coercive ActsAdvised building of colonial militiaOrganized colonial boycott of British goods2nd Continental Congress (1775)Prepared the colonies for war with BritainRaised a colonial armyAdopted Declaration of IndependenceDirected the war & run a national government
4 The Roots of the Legislative Branch Congress Under the Articles of ConfederationUnicameral legislatureEach state represented by 2 to 7 delegatesEach state had one vote (“ equal representation”)Congress = National governmentNo President & National Court createdMembers of Congress sent by state legislaturesLimited PowersMaintaining an army and navySupervising trade with IndiansCoining money
5 The Roots of the Legislative Branch Limitations of Congress under the ArticlesWeak national government vs statesMissing link btwn people & nat’l governmentLow standing in international affairsForeign relations conducted by statesForeign trade regulated by states individuallyFinancially incapacitatedNo taxation powerReliance on state for financial resources
6 Congress & Constitution (1789) Constitutional convention of 1787Structure of CongressUnicameral or BicameralNew Jersey Plan“equal representation”One state, one voteVirginia Plan“proportionate representation”# of seats proportional to population
7 Congress & Constitution (1789) Constitutional convention of 1787Unicameral or BicameralGreat CompromiseBicameral CongressProportional representation (House)Equal representation (Senate)
8 Congress & Constitution (1789) Sources of Power: How Should Congress Be Elected?Lower house: popularly electedUpper house: sent by state legislaturesPowers of CongressDoes Congress elect President?No, Electoral College doesYes, when no candidate receives a majority votes in the College
9 Congress & Constitution (1789) Powers of Congress“Power of the Purse”Appropriation of moneyAuthorization of borrowingtaxationRegulatory PowerRegulation of currencyPunishment of counterfeitingRegulation of inter-state & int’l trade
10 Congress & Constitution (1789) Powers of CongressLaw-making PowerEstablishing rules of naturalizationMaking patent & copy-right lawsMaking bankruptcy lawsMaking amendments to ConstitutionWar-making & Military PowerWar declarationRaising & supporting armed forcesProviding for militia
11 Congress & Constitution (1789) Powers of CongressPower of Personnel AppointmentConfirmation of executive appointmentsSecretary of StateUS ambassador to the UNConfirmation of federal judge nominationFederal court judgesUS Supreme Court justicesPower of ImpeachmentBringing impeachment charges (House)Trying impeachments (Senate)
12 Congress & Constitution (1789) Powers of CongressOther PowersEstablishing post office & post roadsFixing weights and measuresProviding for the government of D.C.Admitting new statesEstablishing lower federal courts
13 Senate vs. the House Size Qualifications House 435 members in the House (since 1911)106 members in 1791 representing 3.5 million residents100 Senators in the SenateQualificationsHouse25 years of ageCitizenship for at least 7 yearsResidency in district: 1 yearTerm of service: 2 years1 member per 550,000 peopleHow often is Congressional election?How many Members face election each time?
14 Senate vs. House Congress & Constituency House of Representatives Closer to the votersMore reflective of voter preferencesMore answerable to constituentsSenateMore remote to the votersAllows for political stability & policy continuityLess responsive to temporal changes in popular sentimentsCan act as a dispassionate counter-weight to the more popular & radical House
15 Senate vs. House Qualifications Senate 30 years of age9 years of citizenshipResidency requirement in state: 1 yearTerm: 6 years2 seats per state in SenateHow often is Senatorial election?How many Senators face election each time?
16 Senate vs. House Legislative role differences Senate More deliberativeWhy?Less structuredHouse of RepresentativesMore centralized & organizedMore routine & structured
17 Congress vs. US Society Does Congress mirror the American society? In religious belief ( )ProtestantCatholics 149Jewish 37Mormon 16Policy implicationsAbortionSame sex marriage
18 Congress vs. US SocietyMinorities in CongressWomen
19 Congress vs. US SocietyMinorities in CongressRace
21 Congress vs. US Society A typical member of Congress Middle-aged Male WhiteLawyerWhose father is of the professional or managerial classNative born or from northwestern or central Europe, Canada
22 To run for Congress…2000 Senatorial Race of New York
23 To run for Congress… Three success factors #1: Who the person to run Candidate characteristics have an edge over othersA record of prior public serviceNational name recognitionHillary Clinton versus Rep. Rick LazzioFund-raising capability
24 To run for Congress…Why members of Congress easily win re-election?
25 To run for Congress… #2: Incumbency Advantages Visibility Advertise thru contacts with constituentsStay visible thru trips to home districts
26 To run for Congress… #2: Incumbency Advantages Visibility Campaign contributionsDonations go to those in officeDonations to challengers offend incumbentsCredit claiming thru services to individuals & districtCaseworkAttend to voter concerns, requests and problemsHelp cut thru bureaucratic red tape to get what one believes he has a right to getPork barrelList of federal projects, grants & contractsHelp obtain or make known such projects to district
27 To run for Congress… #2: Incumbency Advantages Visibility Campaign contributionsCredit claiming thru services to individuals & districtIncumbent resourcesInstitutional connections and access to channels of communications“franking privilege” (free use of the US mails)Tax-funded travel allowance to stay visible in one’s own districtIncumbents scaring challengers away*calls for “term limits” aim to eliminate incumbency advantage
28 To run for Congress… Congressional Districts District 23 (Texas) and District 3 (Florida in ’92 and ’96)
29 To run for Congress… #3: Redistricting Congressional districts redrawn every 10 yearsTo avoid under- or over-representationRe-drawing districts is highly politicalCan create open seatsCan pit incumbents of the same district against one another, ensuring one of them to loseCan create advantage for one PartyPutting people of the same party in one districtOr separating them into two or more districts.
30 Cost of Congressional Race… Cost to Get ElectedCongressional elections are getting more costlyJon Corzine (NJ-D), $63 million own money on Senate race$928 million spent on Congressional electionIncumbents outspend their opponentsE.g., $7.5 million spent by Newt Gingrich’s reelection in 1998Candidates of major states spend more$85 million attracted in Hillary-Lassio race, 2000
31 Cost of Congressional Race… Cost to Get ElectedSpending on House raceWinners: $800,000Losers: at least $300,000Spending on Senate raceWinners: $7 million up to $40 million or moreRising CostSenate19982000Average winner spent$5,227,761$7,266,576Average loser spent$2,839,813$3,864,638Most expensive campaign$27,159,681$63,000,000 (Jon Corzine, D-NJ)House$650,428$840,300$210,614$307,121$7,578,716$6,900,000 (James E. Humphrey, D-WV)
33 Organization of Congress Congress not only represents, it also legislates.Internal complexity makes it hard to conduct business without organization.Congress is organized around:Political partiesA committee systemParliamentary rules of the House & SenateAnd others…
34 Organization of Congress Political PartiesHouse leader election every two yearsMajority party leader = House SpeakerEvery party has a Committee on Committees (Democrats call theirs: the Steering & Policy Committee)Assign new legislators to committeesTransfer incumbents to new committees on requestMajority & minority leaders jointly control Senate calendars (agenda)
35 Organization of Congress Party leaders & legislative agendaLeaders are enthusiastic for agendaTo create consensus within party1980(when Congress not controlled by President’s party)
36 Organization of Congress Committee SystemStanding CommitteesImportant policy-making bodiesExisting from Congress to CongressParalleling executive agenciesForeign Affairs Committee - State DepartmentIntelligence Committee – CIA & othersHaving power to report legislation
37 Organization of Congress Select CommitteeTemporary committeesNo power to report legislationSet up to handle specific issues that fall btwn the jurisdiction of existing committeesA special committee for investigating the Watergate scandal (1973)
38 Organization of Congress Joint CommitteeWith members from both partiesPermanentNo power to report legislationFour types of joint committeesEconomicTaxationLibraryprinting
39 The Committee System Conference Committee Temporary Members appointed by Speaker & Senate presiding officerFor reconciling any differences on legislation once it has been passed by House & Senate
40 The Staff System A number of staff members for every legislator Staff members (7,216 in House alone, 1999):Handle constituency requestsTake care of legislative detailsFormulate & draft proposalsOrganize hearing, deal with administrative agencies, reporters and lobbyists…
41 The caucusesWhat is a caucus? Informal group or committee composed of Senators or Representatives who share opinions, interests or social characteristics.Ideological causesLiberal Democratic Study GroupIssue-oriented caucusesTravel & Tourism CaucusesCongressional Friends of AnimalsCommon background caucusesThe Congressional Black Caucus
42 The caucuses What is a caucus? Objectives of the Caucuses To advance interests of the groups they represent by promoting legislation, encouraging Congress to hold hearing, and pressing administrative agencies for favorable treatment
43 How a Bill Becomes Law Some facts: For a bill to become law, there are many routine hurdlesIt is easier for opponents to kill a bill than to pass itThe law-making process is highly political
44 How a Bill Becomes Law The Law-making Steps Introducing legislation Who can introduce legislative proposals?Members of CongressExecutive branchInterest groupsConstituents
45 How a Bill Becomes Law The Law-making Steps 2. Assignment to Committee Given a number in House preceded by “H. R.” and by “S” in SenateBill referred to a committeeMost bills assigned to the appropriate committeesComplex bills referred to several committeesControversial bills are sometimes handled by temporary or ad hoc committees set up for that purpose
46 How a Bill Becomes Law The Law-making Steps 2. Assignment to Committee Often, nothing happens to the bills in committee. Neglect leads to death of many billsBills to be acted on are often referred to the appropriate sub-committees.
47 How a Bill Becomes Law The Law-making Steps 3. Hearing Once the sub-committee or full committee decides to act, hearings are held participated by:Executive agency representativesAcademiaInterest groupsOther interested personsIn a typical two-year CongressSenate: 1200 hearingsHouse: 2300 hearings
48 How a Bill Becomes Law The Law-making Steps 4. Reporting a Bill When a sub-committee decides to act on a bill, it drafts it line by lineIt reports it to the full committeeThe full committee accepts, rejects or amends the bill.
49 How a Bill Becomes Law The Law-making Steps 5. Schedule Debate When a committee agrees to submit a bill to the two houses, it is put on the House & Senate calendar, a list bills for actionEach house has different calendars for different billsIn House, non-controversial bills are put on the Consent Calendar or Private Calendar to be passed without debate
50 How a Bill Becomes Law The Law-making Steps 5. Schedule Debate Each house has different calendars for different billsControversial or important bills are placed on the Union Calendar or house Calendar. Rules & procedures (length of debate) are requested from the Rules Committee. Define the following: filibuster, cloture, open rule, closed rule.
51 How a Bill Becomes Law The Law-making Steps 6. Debate & Amendment Opponents & proponents have equal debate timeRelevant amendments, if allowed, can be addedFloor debate seldom change views of othersIn Senate, debate can last long timeIn Senate, filibuster can be usedSenators can propose amendments irrelevant to the bill.
52 How a Bill Becomes Law The Law-making Steps 7. The Vote How do members vote? What impact their voting behavior?Personal viewsOpinions of the constituentsAdvice of knowledgeable & trusted colleagues Occasionally, President can win over wavering members of their Party to stick with the team or by cutting deals with pivotal members.It is important for members to cast an explainable vote, one that is defendable in public when challenged.
53 How a Bill Becomes Law The Law-making Steps 7. The Vote How do members vote? What impact their voting behavior?It is important for members to cast an explainable vote, one that is defendable in public when challenged.Not every vote has to please the constituents. But, too many “bad” votes are costly and show distance with one’s folks at home.
54 How a Bill Becomes Law The Law-making Steps 8. In Conference Committee Once passed, a bill is sent to the other chamber for considerationIf the 2nd chamber passes the bill, it is then sent to the White House for action.But, controversial bills need to go to a Conference Committee to reconcile the differences in the two versions of the billsAfter Conference, details of the bill are reported back to each chamber before sending to the President.
55 How a Bill Becomes Law The Law-making Steps 7. To the President Approve the bill into lawIgnore it, with the result it becomes law in 10 days (not including weekend & when Congress is still in session)Veto it (& facing override in Congress)Pocket veto it (if Congress adjourns before the 10 days are up) When President vetoes a bill, he usually explains why he does so.
56 How a Bill Becomes Law The Law-making Steps 7. Congressional Override of VetoA two-thirds majority is required in each chamber to override the Presidential veto
57 Influences on Law-making There are two major forces impacting Congressional law-makingExternal influencesConstituencyInterest groupsInternal/governmental influencesParty leadershipCongressional colleaguesPresident/executive branch
58 Influences on Law-making Influence from the ConstituencyMembers of Congress comply with views of constituents due to re-election needThey voluntarily anticipate or find out constituents’ positions1998, 31 House democrats crossed the party line and voted in favor of an impeachment inquiry (e.g., Congressman Gary Condit)
59 Influences from Interest Groups Mobilize followers in a member’s congressional districts“Astroturf lobbying”Provide information
60 Influences from Party Org Party leaders in Congress have influence over membersParty organizations have resources:Leadership PACsPACs (1) raise funds and then (2) distribute to members for running for electionPACs enhance party powerPACs create bond between leaders & members who receive moneyCommittee AssignmentsAccess to FloorThe whip system communication network, with info on member intentions in votingLogrolling
61 Influences from the President Since 1940s, President submitted yearly legislative proposals to CongressSince mid-1950s, Congress has looked to the President for legislative proposals