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CONGRESS Chapter 7 O’Connor and Sabato American Government:
Continuity and Change
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Choose two cartoons to analyze. then state your position.
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Roots of the Legislative Branch
The U.S. Congress was greatly influenced by the American colonial experience and by the Articles of Confederation. Under the British, colonial assemblies were chosen as advisory bodies to the royal governors. These assemblies gradually assumed more power and authority in each colony, eventually gaining responsibility over taxation and spending. The weaknesses of the Articles led to the Philadelphia Convention in 1787.
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CONGRESS In this chapter we will cover…
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
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The Constitution and the Legislative Branch of Government
Article I creates a bicameral legislative branch of government. The upper house is called the Senate in which each state receives two representatives. The lower house is called the House of Representatives which is apportioned by population. The Senate has a six-year term with 1/3 of the seats up for reelection every two years. House members serve two-year terms.
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Apportionment and Redistricting
The Constitution requires that all Americans be counted every ten years by a census. The census determines the 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 has been struck down by the courts.
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Gerrymandering Apportionment on basis of population
Contiguous lines (no unbroken lines) Purposeful gerrymandering to dilute minorities is illegal (Voting Rights of 1965)
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Alabama Congressional Districts
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After reading page on ‘redistricting’ write an essay indicating your position on the use of independent commissions to redraw districts as opposed to allowing the majority party to control redistricting
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“necessary and proper” to carrying out
Spend Money Regulate Commerce Taxation Create Courts Powers of Congress Lawmaking Declare War Make all laws “necessary and proper” to carrying out the enumerated powers
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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.
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Key Differences House Senate
Advise and consent Six-year term 100 Relaxed Generalist Foreign policy Initiate revenue bills Two-year term 435 Formal Specialist Tax policy
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The Members of Congress
Congress is older, better educated, white, and richer than most of us. Avg. age is 60 in the Senate Avg. age is 45 in the House However, great strides have been made. Currently, both California senators are women. Can a man represent a woman? Can a white person adequately represent the views of a black person?
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Approval Ratings of Congress and District Representatives
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Veterans in Congress
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WOMEN MEMBERS OF CONGRESS
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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
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Party Affiliation Majority party select leaders in House
Controls flow of legislation Appoints committee chairs 1994 some Democrats switched party to be in the majority party (Republican) Term limits (6 years) for chairpersons and Speaker No absentee voting in committees
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How Congress is Organized
Every two years, a new Congress is seated. 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 party for both leadership and committee purposes.
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House Leadership Lead 435 members 6 Purposes of leaders
Organizing and unifying Full attendance on key votes Scheduling work Information collecting and distributing Staying in touch with President Urging party line votes
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Speaker of the House Chosen in caucus of majority party
Only leader mentioned in the Constitution Presiding officer and most powerful Decides which members have the floor Appoints committee members Schedules bills for action Refers bills to the proper Standing Committee 2nd in line for Presidency
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Speaker of the House John Boehner
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House Floor Leaders Majority Leader Helps plan legislative program
Steer important bills Elected by majority party Direct communication with Chairpersons Party official not a House official
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House Majority Leader Eric Cantor House Minority Leader Nancy Pelosi
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House Floor Leaders Majority Whip
Pressure members to vote on party lines Make sure members are present to vote Minority Leader Similar duties as majority leader No power in scheduling legislation Minority Whip Same as majority whip
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House Rules Committee Traffic Officer Oldest/most powerful committee
Receives bill after approved in committee Chairperson chosen by Speaker Establishes ‘rule’ or ‘special order’ When bill goes to the floor for debate or vote Sets time limit for debate Sets rules on amending bill on the floor
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House Rules Committee Settles disputes between committees considering the same bill Can delay or stop an unpopular bill Quorum – minimum number of representatives necessary to vote on a bill 218 members for regular session 100 members(Committee of the Whole) can be established to debate and amend Reports back to the full House for a vote
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The Senate Senators knowledgeable on many issues
Millionaires Club Many have advanced degrees More flexible rules than House on debate Often take longer to debate issues Maximum freedom to express ideas Informal atmosphere
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Senate Leaders No Speaker Vice President (President of the Senate)
Very little authority Tie-breaker May try to influence Senators on bills President pro-tempore - (‘for the time being’) often stands in for the Vice President Belongs to the majority party Currently Robert Byrd Usually the oldest members
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Joe Biden Daniel Inouye
Vice President (President of the Senate) President Pro-tempore Joe Biden Daniel Inouye
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Majority and Minority Leaders
Elected by members Party officials not officers Majority Leader Steers bills through Senate Plans Senate’s work schedule and agenda With help from Minority leader Makes members attend important sessions Minority Leader Develops criticism of majority party bills Majority whip and Minority whip Make sure members are present to vote
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Senate Majority Leader Senate Minority Leader
Harry Reid Mitch McConnell
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Schedule Senate Bills Any senator may introduce bill
No need for rules committee Scheduling done by consultation Brought to floor only by unanimous consent Two Calendars Calendar of General Orders Lists all bills that will be considered Executive Calendar Lists schedule for treaties and appointments
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Filibuster Talk until bill is abandoned or modified by a majority of the Senators After first 3 hours can talk on any topic Strom Thurmond of South Carolina holds the record Filibustered the Civil Rights Act of 1957 Cloture - 3/5 vote or 60 members vote to limit debate to 1 hour per Senator Not as powerful any more Senate sets aside time to handle other bills Threat of filibuster can delay or defeat bill
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Congressional Committees
Divide work among smaller groups Allows for lawmakers to specialize in one area Serves to reduce the amount of bills to be voted on in the full House Compromises made in committee Public hearings and investigations Draw public attention to important issues
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Standing Committees Continue from one Congress to the next
Majority party selects chairpersons Majority party has the most seats on most committees (% of total house) Majority has super majority on the most important committees 1995 Republican Congress Changed structure and titles of committees Established a 6 year term limit on chairperson
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Sub-Committees Almost all Standing Committees have sub- committees
Specialization Conduct hearings and investigations Often continue from one Congress to next
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Select Committees Study one specific issue and report findings to the House or Senate Matters of great public concern Overlooked problems like hunger, poverty, homelessness Investigate problems of interest groups Temporary although have continued to future Congresses Select Intelligence Committee since 1993
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Joint and Conference Committees
Joint Committee Conference Committee Members from both houses Do not consider bills Temporary or Permanent Routine matters Joint Committee on Printing Joint Committee on the Library of Congress Study Groups Joint Economic Committee Atomic energy, defense and taxation Members from both houses Different versions of a bill Temporary Resolve differences between bills by bargaining Majority agree on compromise bill Conference report Must be voted on without amendment
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Chairperson Most powerful members of Congress
Legislative Reorganization Act of 1970 Member majority can call meetings Reasonable notice for meeting Key decisions on work of committees Hire staff and control budget When committees meet Which bills to consider and for how long Hearings Schedule Decide which witnesses to call Manage floor debates
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Seniority System Seniority – length of continuous service
No longer decides leadership on committees Highest ranking member selected as chair Secret ballot Limit of three – 2 year terms (6 years) 1971, 1975 and 1995 replaced senior chairpersons with ranking members
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Staff and Support Agencies
Communicate with voters Help run committee meetings & floor sessions Draft new bills – FAA/Transportation Dept. bill on animal transportation Write committee reports and attend meetings Help with reelection Publicity and political developments back home Help raise funds for re-election Meet with lobbyists
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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. Bring attention to issues of national interest. 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.
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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 10,000 bills are proposed and fewer than 5 to 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.
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How a Bill Becomes Law House Senate Introduced Referred to Committee
Clerk assigns number Referred to Committee By Speaker Referred to sub-committee Research Hold Hearings Sunshine Laws Votes Returned to Full Committee Mark-up session or reject Committee on Rules Sent to Committee on Rules (traffic cop function Given a Rule for: Introduced Clerk assign number Referred to Committee By Majority Leader Committee refers to sub-cmte Research Hold Hearings Sunshine Laws Votes Returned to Full Committee Markup session or reject Hold or Filibuster Hold to be fully informed Cloture
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How a Bill Becomes Law House Senate Committee of the Whole
Date bill comes up for debate Time allotted for discussion Types of amendments –or- Closed Rule (no amendments allowed) Committee of the Whole 100 members to deliberate Bill is debated on House Floor Amendments offered Vote is Taken Sent to Senate if passes Sixteen Senators sign motion for cloture 60 Members to limit debate No more than 30 hours
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Congress and the President
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China Trade Act 2000 Trade Act 1974 – President can grant “most favored” trade status China enters World Trade Org.(WTO) late ‘99 President Clinton proposes legislation to extend permanent normal trade relations (PNTR) to China Meets with lawmakers to build support Travels to Midwest and California S2277 Submitted by Sen. Roth(R-DE) Mar. 2000 Referred to Finance Committee
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China Trade Act 2000 Concern about human rights issues, rule of law and labor market issues HR4444 U.S. Congressional-Executive Commission on China submitted May 15 Referred House Ways and Means Committee Committee Rules allowed 3 hours of debate with a closed rule Clinton sends Secy. Of Commerce to sell bill Gathers support from Chinese dissidents and Billy Graham – “will improve human rights”
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China Trade Act 2000 President gathers support from Tom Delay (R-Majority Whip, General Colin Powel, Governor George W. Bush to assuage national security concerns Twenty three member Commission to monitor human rights House Ways and Means and International Relations add provision regarding Taiwan Business Community v. Organized Labor VP Al Gore opposes – sides with labor
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China Trade Act 2000 President gathers support from Tom Delay (R-Majority Whip, General Colin Powel, Governor George W. Bush to assuage national security concerns Twenty three member Commission to monitor human rights House Ways and Means and International Relations add provision regarding Taiwan Business Community v. Organized Labor VP Al Gore opposes – sides with labor
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China Trade Act 2000 President gathers support from Tom Delay (R-Majority Whip, General Colin Powel, Governor George W. Bush to assuage national security concerns Twenty three member Commission to monitor human rights House Ways and Means and International Relations add provision regarding Taiwan Business Community v. Organized Labor VP Al Gore opposes – sides with labor
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War Powers Act Passed over President Nixon’s veto (1973)
President must obtain congressional approval to commit troops to combat zone 48 hour notice Withdrawal after 60 days if no declaration of war Largely ignored by Ford, Carter and Reagan due to need to act swiftly Limits presidential prerogatives as Commander in Chief (may be unconstitutional) 60 day withdrawal provision waived after 911
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Secret Briefings of Intelligence Committees
Part of oversight process Learns of NSA monitoring of and phone communications without oversight
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Other Congressional Oversight Functions
Presidential appointments Impeachment Process Constitution vague about “impeachable offense” Largely political process (Hamilton- Federalist 65) House has impeached 17 federal judges (7 convicted) Four resolutions against Presidents (Tyler, A.Johnson, Nixon, Clinton) Eight Stages (see text)
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Congress and the Judiciary
Congress must be mindful of Constitutionality At times ignores and re-crafts legislation Establishes size of Supreme Court Establishes appellate jurisdiction Establishes structure of federal court system Establishes jurisdiction of federal courts Caseload Increased dramatically as Congress began legislating more on crime and commerce Approves or rejects presidential nominees to Court Senatorial Courtesy – defers to Senator of the state in which appointment is made
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Stage Three Conference Committee
Iron out differences between House and Senate bills Bill dies if fail to agree
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Gun Control Legislation Following Publicized Shootings Since 1968
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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. Deciding how the voters feel is not possible. 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.
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How Members Make Decisions
Interest Groups Colleagues Caucuses Party Representative Constituents Staff Political Action Committees
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Congress and the President
Especially since the 1930s, the president has seemed to be more powerful than Congress. However, Congress retains several key powers vis-a-vis the president: funding powers oversight impeachment/removal
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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.
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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.
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