2. I’m so confused! If the opposite of “pro” is “con,” does that mean that the opposite of progress is Congress?

3. The first branch of government, Article I of the Constitution; main roles—legislate, oversee the performance of government agencies, provide services to constituents

4. Students, I am Speaker of the House, John Boehner. Why were the results of the 2010 United States congressional elections, taken as a whole, considered an earthquake?

5. GOP took 60 seats from Democrats in House of Representatives House of Representatives Democrats <200 seats GOP took 6 Senate seats from Democrats What factors can explain those significant Democratic losses in 2010?

6. I’m former Speaker and now Minority Leader, Nancy Pelosi. There are two of the four reasons indicated below.  President Obama’s placating of Blue Dog Democrats led to watered-down bills that Democrats led to watered-down bills that disappointed the liberal base of the party. disappointed the liberal base of the party.  Democrats did not publicize the good they had done and failed to focus on jobs. done and failed to focus on jobs.more

7. Here are the final two reasons.  The Tea Party factor coupled with a general disillusioned and disappointed Democratic disillusioned and disappointed Democratic base base  Huge advantage GOP enjoyed in campaign finance, particularly in independent spending finance, particularly in independent spending on issue advertising on issue advertising

8. Form into small groups and discuss the constitutional foundations of the modern Congress. Article I, Section 8—enumerated powers and the elastic clause elastic clause Article I, Section 9--limitations

9. Article I, Section 8: “Congress shall have Power To...make all Laws which have Power To...make all Laws which shall be necessary and proper for carrying shall be necessary and proper for carrying into Execution the foregoing Powers, and into Execution the foregoing Powers, and all other Powers vested by this Constitution all other Powers vested by this Constitution in the Government of the United in the Government of the United States, or in any Department or States, or in any Department or Officer thereof.” Officer thereof.”

10. The Constitution prevents the Senate from doing several things. For example: Congress cannot pass ex post facto laws, bills of attainder or suspend the writ of habeas corpus. Can anyone define those terms?

11. a law that applies to an a law that applies to an action that took place before the law was action that took place before the law was passed passed a law that punishes a a law that punishes a person who has not been convicted in a court of law a court order a court order requiring police to bring all persons accused of a crime to court and to show sufficient reason to keep them in jail Ex Post Facto Law: Ex Post Facto Law: Bill of Attainder: Writ of Habeas Corpus:

12. I am Senator Daniel Inouye from Hawaii. Every 6 years since 1962 the people of Hawaii have elected me to the United Stated Senate—I am now, at age 87, the longest serving member of the Senate. Because I am also in the majority party, I am the President Pro Tempore of the Senate. Why did the Founders specify that senators be elected by state legislatures and not the people?

13. The objective was to insulate one house of Congress from popular pressures and to make it a seat of deliberation and reflection. The use of the Senate is to consist in its proceeding with more coolness... And with more wisdom than the popular branch.

14. I’m Congressman Jeff Denham from California’s 19 th District. Under the Constitution, the requirements to be a Member of Congress are: 1.25 years old 2.U. S. citizen for at least 7 years, and 3.A legal resident of the state they represent Members are elected every 2 years

15. Members of the House earn $174,000 a year and are given office space both in Washington and in their districts and allowances to hire an office staff based on the distance from Washington to the center of the district. I am also given money for stationery, supplies and other necessary items.

16. I am Senator Diane Feinstein, from California. Senators differ considerably from Members of the House in many areas, although their salaries are the same. But Senators serve for 6 years, must be 30 years old, and must have been a citizen of the U.S. for 9- years before they can be elected.

17. I am Senator Barbara Boxer, also from California. There are no term limits on members of Congress, although many states, like California, have them on their state legislators.

18. One of the key issues of being a legislator: are you a delegate or a trustee? British author Edmund Burke (1729-1797): delegate—always vote the way the majority of your constituents want you to; trustee—people elect you to vote in line with your own conscience—they trust you to make the right decisions. Burke favored the trustee

19. Students, please tell us some aspects of the demographic backgrounds of members of Congress.

20. Despite recent gains, women and racial minorities underrepresented minorities underrepresented Hispanics—largest minority group in US— very low representation very low representation Women—1992 “year of the woman” 111 th Congress: 77 H; 17 S Better educated than rest of population 75% legal or business backgrounds Most career politicians/civil servants Women: introduce more bills related to women’s/children’s issues women’s/children’s issues

21. I am Dennis Cardoza, the Member of Congress representing California’s 18 th District. How does your textbook define the terms constituents? Constituents are residents of a Member’s district or state—they can be citizens or non-citizens; voters or non-voters; adults or children.

22. Hello constituents. Jeff Denham again. Many of you live in my district. Who can tell me how state representation in the House is determined? Census: the official population count. The 19 th District, like all districts, was determined based on the census and apportioned by Congress. What is a census? What does apportioned mean? Apportioned: House seats are distributed based on the census; reapportioned every 10 years

23. Since the 1910 census, there have been 435 voting members of Congress with at least one from each state. Again, House membership per state is based on population. Right now, our California delegation has 53 seats. There are also 5 non- voting seats: Puerto Rico, Guam, the American Virgin Islands, American Samoa, and Washington, D. C.

24. On the average, each Member of the House of Representatives represents about 646,952 people. State legislatures draw the districts in the state, trying to average around 650,000 people per district. Based on reapportionment, state legislatures redistrict every 10 years—change district boundaries.

25. Barbara Boxer again. Sometimes state legislatures create weird-looking congressional districts in order to preserve the majority party’s power in Congress. The technique for drawing such boundaries is called gerrymandering, named after the founding father, Elbridge Gerry of Mass.

26. Chief Justice John Roberts again. How has the Supreme Court weighed in with regard to district boundaries? Baker v. Carr (1962) Voters have the right to challenge how state legislatures allocate legislative seats and such questions could be considered in federal courts. Essentially, we have gone along with the old adage: “to the victor belong the spoils.”

27. I am former Congressman Tom DeLay of Texas. What does the phrase “cracking a district” mean? A party does not want a district with too great of a majority (wastes votes). It chooses to draw congressional district boundaries to spread its popular strength across two or more districts in hopes of winning more seats in the state’s congressional delegation. Validated by United Latin American Citizens v. Perry (2006)

28. Edward Greenberg, one of your textbook’s authors again. What is incumbent-protection re-districting and what have been its affect has been on House membership Majority parties in state legislatures redrawing congressional district boundaries to protect incumbents of a particular party. It has become so extensive that in 2008, only about 75 out of 435 seats were competitive— winning margin 5% or less (100/435 in 2010). Has contributed to partisan divide in Congress.

29. Thank you, Dr. Greenberg. So what are majority-minority districts and how did the Supreme Court’s decision in Hunt v. Cromartie (2001) affect them? Majority-minority districts are congressional districts drawn to ensure that a racial minority comprises the majority of voters. Today there are 15 with African-American majorities and 9 with Hispanic majorities. Hunt v. Cromartie (2001) ruled that race can be a significant factor in drawing district lines “so long as it is not the dominant or controlling one.”

30. Name recognition, the redistricting process, franking privileges (free postage), time spent in the district*, and political “war chests”—built-up contributions from people, organizations and Political Action Committees (PAC)—committees focusing on particular issues that back political candidates. *Most congressional business: Tue-Thu Since World War II, on average, 93% of House incumbents and 80% of Senate incumbents have won re- election. So incumbents definitely have advantages. What are some of them?

31. Hello, I am Senator Mitch McConnell and I am the Republican, or Minority, Leader of the Senate. Another advantage incumbents have is case work. What is that? Members of Congress receive more than 200 million pieces of mail each year. These include: Requests for flags flown over the capital Opinions on issues facing Congress/ urging the member to vote a certain way urging the member to vote a certain way Requesting help with the Federal bureaucracy Military or veterans issues Asking for a Congressional Record insert

32. Pork-barrel legislation: federally funded projects designed to bring to the constituency jobs and public money for which Members of Congress can claim credit. They are also referred to as “earmarks.” Senator Daniel Inouye again. Incumbents can also use pork barrel legislation. What is that?

33. Some of you may know that I worked as an aide for Senator John Warner of Virginia from December 1994 until August 1996. During that time, I worked several constituent issues. I’ll now share some of those with you. Often people ask for the Member to put something in the Congressional Record—the official and verbatim (exact) record of what is said each day in both houses.

34. To begin this second section, I’m going to ask you the last question first. After reading the entire section what can you summarize about who makes things happen in both houses of Congress? Over the years, congressional party leaders have amassed the vast majority of power in Congress. Therefore, decisions as to who becomes Speaker, Majority Leader and even Minority Leader are very important.

35. I am Senator Harry Reid from Nevada, the Majority Leader of the U. S. Senate. In the same vein as what Speaker Boehner just asked, what is the role of the party conference (party caucus)? All the members of a political party in a given house of Congress meet at the beginning of a session (January) and elect leaders, approve committee assignments (including committee/ subcommittee chairs) and reach agreement on the legislative goals for the session.

36. I am Senator Mitch McConnell from Kentucky, the Minority Leader of the U. S. Senate. How partisan is congressional voting today? Congressional voting is highly partisan. Party affiliation is the best predictor for voting behavior in Congress. Partisanship has been rising steadily since the early 1970s and is evident today in about 90% of votes. Consequently, bipartisan agreements is becoming more difficult.

37. Mitch, exactly why is partisanship increasing in Congress? Changing regional bases of parties--for example, the Deep South now predominantly GOP Partisan conflict is on the rise nationally—the electorate is more divided along party lines Ideology is a major reason—the fundamental ideas of the parties conflict. So Harry, members closely adhere to party lines.

38. Some history on Congress before going further Prior to 1958: Conservative coalition era Oligarchy of senior leaders Oligarchy of senior leaders Safe seats Safe seats Southern Democrats & Southern Democrats & Republicans of NE & NW Republicans of NE & NW Powerful committee chairs Powerful committee chairs Hostile to activist presidents (Truman & Civil Rights) (Truman & Civil Rights)

39. 1958 election: More liberals Lyndon Johnson rose to leadership Lyndon Johnson rose to leadership of Democratic (majority) Party of Democratic (majority) Party

40. Johnson began a “power earthquake” Power of old seniority system cut Power of old seniority system cut 1965-1978: Reform Era Post Vietnam & Watergate Post Vietnam & Watergate Leadership & decision-making open to a wider circle of players to a wider circle of players New House & Senate rules New House & Senate rules and procedures and procedures Folkways of Senate revamped Folkways of Senate revamped Today: Post Reform Congress

41. I’d like to discuss with you congressional leadership. What are floor leaders and whips in the House of Representatives?

42. House floor leaders: Speaker: presiding officer of the House; elected by whole House but reflects the majority party; second in line to presidency. John Boehner of Ohio. Extraordinary power.

43. Majority leader: assistant to the Speaker and is the second-most-influential member of the House. Eric Cantor of VA Minority leader: the minority party’s chief Spokesperson. Nancy Pelosi of CA

44. What are party whips in Congress? Party whips are Members whose main function is to monitor and influence how the party members vote on legislation. They form an intelligence network for the leaders. Republican: Kevin McCarthy Republican: Kevin McCarthy of California of California Democratic: Steny Hoyer of Democratic: Steny Hoyer of Maryland Maryland

45. How the House is structured

46. The most powerful member of the Senate is the Majority Leader. The most important member of the minority party is the Minority Leader. Majority Leader: Sen. Harry Reid of NV. Minority Leader: Sen. Mitch McConnell of KY

47. Yes, but remember my power is less visible. I don’t have nearly the power of the House Speaker. I have some influence on committee assignments and scheduling the business of the Senate, and over certain administrative matters. Our power is more informal— powers of persuasion and such.

48. How the Senate is Structured

49. Let’s discuss committees. Why has there been “a dramatic decline in the power of committees and of committee chairs in the legislative process?” As partisanship rose, more power became centered in the hands of the House Speaker and, to a lesser degree, the Majority Leader of the Senate. One major power in that regard is who is appointed as committee chairs and committee members. Those members are therefore beholden to the Speaker/Senate Majority Leader.

50. Much of the work of Congressmen and Senators is done in the various committees of each house. Why does Congress have committees?

51. Students, I am Vice President Joe Biden, a former senator from Delaware. Congress has committees to help process the huge flow of business. Committees are also islands of specialization, where members and staff develop the expertise to handle complex issues and to meet executive branch experts on equal terms.

52. There are two basic types of congressional committees: authorizing and appropriations. Each house has many authorizing committees, but only one appropriations committee. What are appropriations (not in book)?

53. Authorizing committees authorize government programs to exist while funding must come from the appropriations committee. That’s why almost all members really want seats on the appropriations committee of their respective house. appropriations committee appropriations committee There are also 4 other categories of committees: standing, select, joint, and conference. There are also subcommittees. Discuss each.

54. Standing committees are the Standing committees are the permanent committees in each house. permanent committees in each house. In the House there are 24 standing committees. Here they areHere they are. In the Senate there are 20 Here they are standing committees and here they are. and here they areand here they are What are standing committees and how many of them are there in each house?

55. Committees that deal with special issues not covered by standing committees. They have no power to send bills To the floor of either house, usually focus on investigations and are generally temporary. The most famous select committee was the Senate’s Watergate Committee in the mid-1970s. Students, I am Senator Joe Lieberman, from Connecticut. You may recall that I was Al Gore’s vice presidential running mate in 2000. What are select committees?

56. Good. How about joint committees? Committees made up of members of both the House and the Senate—Joint Budget Committee.

57. OK—how about conference committees? Temporary bodies appointed to work out a compromise between House and Senate versions of a bill that has been passed by both Houses. More about these later. I am Senator Olympia Snowe of Maine—the only Greek-American in the Senate. Remember two standing committees—intelligence and budget—limit membership to 7 years.

58. What are subcommittees? Subcommittees are divisions of standing committees, that give Members and Senators a chance to specialize in certain areas. There are about 175 subcommittees in Congress.

59. Party leaders in Congress assign members to committees. Of course, most want seats on the Appropriations Committees and not all can have seats. Other popular committees are the Budget Committees, in the House, the Ways and Means Committee, the Senate Finance Committee and, in both houses, The Armed Services and Foreign Affairs committees. Leaders often assign members to committees based on political needs. One guideline for selection is seniority.

60. As one of our local representatives, Congressman Denham serves on the Committee on Transportation and Infrastructure, the Committee on Natural Resources and the Committee on Veterans Affairs Congressman Cardoza is a Blue Dog Democrat who serves on the powerful Rules Committee as well as the Agriculture Committee and is on the sub-committee on Horticulture and Organic Agriculture the subcommittee on Livestock, Dairy & Poultry

61. Senator Boxer serves on: Commerce, Science & Transportation; Environment and Public Works; Foreign Relations; Chair of the Committee on Ethics; and 9 sub- committees Senator Feinstein serves on: The Judiciary Committee; The Appropriations Committee; Chair of the Intelligence Committee The Rules & Administration Com. 2 minor committees & 11 sub-coms; Chair of 4 subcommittees

62. Senior members have great expertise—they are experts on committee business. Also, the seniority situation has changed since the Reform Congress of the mid-1970s, when more junior members could become chairs. The ranking minority member is the most influential committee member from the minority party. Committee chairs have a great deal of power. All chairs are from the majority party and are based on seniority.

63. Don’t forget that in the Senate, seniority is an important criterion for appointing committee chairs, while in the House the Speaker appoints chairs based on the needs of the party agenda. Chairs must be attentive to what their party wants, or they may be removed from the chairmanship.

64. Now we are going to discuss the rules and norms in the House and Senate. Discuss the concept of reciprocity as it pertains to Members of Congress. Members have been expected to become specialists in some area or areas of policy and to defer to the judgment of other specialists on most bills. Of course, the principle of reciprocity is declining in recent years in favor of deferring to the wishes of party leaders.

65. In Alaska, this is what we call log rolling. What does the term mean in Congress? A member may vote with a colleague in the expectation that the colleague will later return the favor.

66. Mr. Speaker, the textbook says that legislative life is much more “rule-bound” in the House of Representatives, as opposed to the Senate? Why?

67. Electronic voting Electronic voting Suspending of ordinary rules Suspending of ordinary rules by 2/3 vote by 2/3 vote Immediate action by unanimous consent Informal procedures as Committee of the Whole More differences when we discuss how a bill makes its way through Congress makes its way through Congress Compared to the Senate, and with 440 members, the House is very large. House leaders: more power; majority party: more control over legislative affairs; procedures: much more structured

68. How does the Senate differ from the House? Smaller (100 v. 435/440) Smaller (100 v. 435/440) More informal procedures More informal procedures More time for debate More time for debate 100 separate power centers 100 separate power centers Individualistic Individualistic

69. Thank you, Mr. President Pro Tempore. Let’s focus on the fact that in the Senate there usually is no limit on the length of debate. Senators can: 1)Speak without time limit on a bill 2)Engage in a colloquy with another senator 3)Engage in a debate (“Will the Senator yield?”) 4)Make an “insert for the record” without actually speaking on the floor. actually speaking on the floor. All floor business televised on CSPAN

70. The Senate also has some expressed powers not held by the House. Treaties—must be approved by a 2/3 vote of the Senate The Senate also approves all major The Senate also approves all major appointments made by the President: Supreme appointments made by the President: Supreme Court justices, cabinet officers, military officers, Court justices, cabinet officers, military officers, etc. These approvals are by majority vote. etc. These approvals are by majority vote.

71. V. P. Joe Biden here. As a senator from Delaware, I served, in 1991, as the Chairman of the Senate Judiciary Committee. As such I presided over one of the most acrimonious and controversial confirmation hearings of all time—that for Supreme Court Justice Clarence Thomas. The Senate also has the power to confirm.

72. Begins in appropriate committee Nominees appear before the committee to answer questions answer questions Typically, nominees meet with key senators prior to hearings prior to hearings Called the Advise and Consent powers

73. How does the way bills are scheduled for floor debate differ between the House and the Senate? Unanimous consent: business can be blocked by a single dissenter.

74. In that same vein, what is a hold? Any senator may temporarily block the consideration of either a legislative bill or a presidential nomination. Holds are regulated only by the majority leader, who may decide on whether to grant holds and how long they can be in effect.

75. The rule that allows unlimited debate can lead to a stalling tactic to try to prevent a vote on a bill that is unique to the U. S. Senate. Sometimes, if a party or individual members want to prevent a vote they can filibuster—a delaying tactic in which Senators just keep talking and talking and then yielding the floor to other senators who support the filibuster. Today: much more informal—senators simply can announce a filibuster and consideration of can announce a filibuster and consideration of the bill is stopped. No wasting time with talk. the bill is stopped. No wasting time with talk.

76. The only way to stop a filibuster is by a vote of cloture, although often party leaders meet outside the chamber to work out compromises that end the filibuster. Other times, the bill’s sponsors simply have to pull the bill—remove it from consideration. So what is the definition of cloture? Cloture is a vote of 3/5 of the Senate, or 60 members to halt debate on a bill and vote

77. Here we are—all the major leaders of our government: Speaker Bohner, Leader Pelosi, Leader Reid and Leader McConnell. How does a bill get through Congress to me, the President?

78. Before moving on, let’s discuss, for a few minutes, the major roles of Congress. The top role of Congress is to enact laws; but more and more, that role means reviewing the annual President’s Budget and then creating, discussing and passing a Federal Budget for a fiscal year, which runs from 1 October to 30 September.

79. Students, I am Representative Steny Hoyer from Maryland. I am presently the Democratic, or Minority, whip. Members of Congress spend most of their time debating the federal budget and most of the laws that we enact are somehow associated with the budget. Congress is therefore called a deliberative body—they deliberate about, or discuss, issues before making decisions by voting.

80. Only members of Congress may Only members of Congress may introduce legislation. Often times, introduce legislation. Often times, A member of the Executive Branch A member of the Executive Branch may write a bill, but if the President may write a bill, but if the President wants a bill introduced, a member of the House or Senate must do it for him. In the House: placed in the hopper; in the Senate: announced on the floor. Now, students, let’s talk about how a bill becomes law.

81. And Senator Feinstein, let’s not forget that all revenue (tax) bills must originate in the House of Representatives. Any other bill can begin in either house.

82. Committee chairs can refer a bill Committee chairs can refer a bill to a subcommittee or keep it for to a subcommittee or keep it for the full committee. The appropriate the full committee. The appropriate chair can then schedule hearings on the bill. In hearings, important people come to testify before the pertinent committees. The witnesses make opening statements and then the members ask questions. No one really tries to fool anyone else with trick questions. Hearings are usually open to the public. Next, the body’s presiding officer refers a bill to the appropriate committee. For example, in the House, tax bills are referred to the Ways and Means Committee.

83. After the hearings have been completed, members, their personal staffs, and committee staffs go into markup sessions. Markup sessions are done behind closed doors and important decisions are made about the bills in those sessions including the insertion of pork barrel projects. Pork-barrel spending awards projects and grants, or “pork,” from the government “barrel” to a member’s home district or state. Also called “earmarks.”

84. A discharge petition is a petition that, if signed by a majority of the members of the House, will pry a bill from committee and bring it to the floor for consideration. Can prevent a bill from dying in committee, but rarely successful

85. I am Congressman David Dreier of California. I am the chairman of the important House Rules Committee. My committee devises rules that determines the conditions for debate and amendments in the House. The House has so many members that the length of debate must be limited to get through business. The Rules Committee sets the length of debate.

86. Three main types of rules Three main types of rules Open—any amendments that relate to the bill’s subject can be proposed bill’s subject can be proposed Closed—prohibits any amendments Modified—some parts of a bill can be amended while other parts cannot. amended while other parts cannot. Usually bills are debated for 40 minutes, one hour or an hour-and-a- half, with time evenly divided between parties (or “sides of the aisle”) debated

87. Both houses must pass a bill for it to go to the president to signed into law. Both versions must be identical. If they are not, then members of both houses meet in a conference committee to make the bills identical. After that is done, both houses must vote on the version agreed upon by the conference committee. Once both houses of Congress have passed the final version of the bill, it becomes known as an act. To become a law, it must be signed by the president.

88. Once he receives the bill, the President can: Sign the bill Veto the bill Keep the bill for Keep the bill for 10 days without signing it. If Congress is in session, the bill becomes law without the president’s signature. President Grover Cleveland used this technique in 1892 when he wanted a tariff but not increased taxes.

89. If the president receives a bill If the president receives a bill within 10 days of Congress’s within 10 days of Congress’s adjournment, he or she may adjournment, he or she may hold the bill without signing it, and the bill does NOT become law I can also exercise a pocket veto. Who can tell me what that is?

90. Several small bills, such as the list of new Army lieutenants in the Senate, are passed by a voice vote (all those in favor say “Aye” and all those opposed say “No.”) In both houses, important votes are done as roll-call votes—each member is called on individually to declare his or her vote. The procedure in both houses is different, however.

91. As you read, the second major job of Congress is oversight. Oversight involves conducting investigations of agency actions and programs. To help carry out this important function, the Congress sponsors the General Accounting Office (GAO)

92. In addition to the General Accounting Office, the Congress also sponsors the Congressional Budget office, to oversee the President’s Budget, the Congressional Research Service, and other smaller offices to help with oversight. In the past 25 years, investigations by Congress have increased greatly, due to tight budget restrictions and several past abuses and scandals.

93. The oversight function also includes a series of hearings, which are not simply information-gathering exercises. They can send clear signals to the Executive Branch and other entities.

94. I am the late Senator Ted Kennedy of Massachusetts. My brother, John, was our nation’s 35 th president. Congress began serious investigations with the Watergate Scandal. We also found we had to investigate the military, for example, when we found out the Air Force paid $750.00 for toilet seats and $500.00 for certain hammers.

95. Another form of the oversight process is impeachment. Here is how that works. The House of Representatives votes on whether or not to impeach. If they do impeach, then the Senate tries the official. The Vice President acts as judge, unless the President is on trial. In that case the Chief Justice sits as judge. Impeachment—to formally accuse Impeachment—to formally accuse an office holder of offenses that can lead to their removal from office.