Chapter 7 Congress  To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato  Pearson Education, 2009

Roots of the Legislative Branch Great Compromise leads to bicameral legislature. Two per state in Senate, House by population. House district size determined by apportionment. House district shape determined by redistricting. Senators must be 30, serve six-year terms. 9 years of US citizenship Representatives must be 25, serve two-year terms. 7 years of US citizenship

Powers of Congress Most important power is to make law. Bill cannot become law without both branches. Also declare war, coin money, raise military. Regulate commerce, immigration, courts. Revenue bills must begin in House. Senate handles impeachment trials.

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

House of Representatives More tightly structured, governed by more rules. Party loyalty plays a more important role. Powerful Speaker of the House chosen by all members. Party caucuses pick majority and minority leaders. Whips assist party leaders.

The House of Representatives Rules for Lawmaking Limits for time each representative can debate House leaders are more powerful than in Senate Committee Work Where most legislation take place More important than in the Senate More organized than in Senate Serve interests of their constituents Representatives become experts/specialize

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

Speaker of the House Chosen in caucus of majority party House liason to the president 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 Elected by the entire House House Democrats call this a caucus, but House Republicans and Senate R’s and D’s call if a conference. Caucus’s are controlled by the Deputy Whip Henry Clay (R-KY) (1810) – First powerful Speaker – before this representatives typically served only one term. Clay served six terms Professionalization of the Speaker position began then. Newt Gingrich revitalized the position

Speaker of the House John Boehner

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

House Majority Leader Eric Cantor House Minority Leader Nancy Pelosi

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 Majority and minority whip position is stepping stone to Speaker of the House

Lawmaking in the House Mondays is for routine work Most work is done Tuesday thru Thursday All laws start out as bills (proposed laws) Must pass the House and Senate and be signed by the President to become a law Dropped into the hopper

Lawmaking in the House Speaker sends to Standing Committee Of 10,000 bills, 10% are voted on If not ‘killed’ in committee it goes on calendar Calendars (5) Union Calendar – Bills dealing with money House Calendar – Public bills Private Calendar – bills on individuals or places Consent Calendar – schedule debate Discharge Calendar – date bill will leave committee

Senate Vice president is the official presiding officer. Official chair is the president pro tempore. True leader is the majority leader. Also have whips. More informal than House. Controlling Senate challenging, run by folkways. Importance of rules such as filibuster and cloture.

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

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 Patrick Leahy (D-VT) Usually the oldest members

President Pro-tempore Vice President (President of the Senate) President Pro-tempore Joe Biden Patrick Leahy D-VT

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

Senate Majority Leader Senate Minority Leader Harry Reid Mitch McConnell

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

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

House Senate Advise and consent Initiate revenue bills Six-year term 100 Relaxed Generalist Foreign policy 9 Year US Resident Initiate revenue bills Two-year term 435 Formal Specialist Tax policy 7 Year US Resident Legal Resident of state

Exclusive Powers to Each House House of Representatives Senate Revenue Bills must originate here Power to impeach president, vice president, federal judges, civil officers “Treason, Bribery, or other high Crimes and Misdemeanors” Approve appointments Federal judges, cabinet members, ambassadors, etc. Approve treaties with 2/3 vote Conduct impeachment trial Convict with 2/3 vote

House Relection Rates, 1964-2012

Stimulating Hypocrisy: 114 Lawmakers Block Recovery While Taking Credit For Its Success   Rep. Phil Gingrey (R-GA) Hands Out Giant Stimulus Check In Georgia. Senator Kit Bond (R-MO) Touted Job Creation, Housing Benefits Of Recovery Package. Rep. Mike Castle (R-DE) Claimed Credit For Over $5 Million In Stimulus Funds He Voted Against. Congressman Heath Shuler (D-NC) Hosts Recovery Package Workshop, Says He Is “Prepared To Fight” For “Fair Share.”

Committee System Much of the actual work gets done by committees. Standing committees are where bills are referred. Joint committees include members from both houses. Conference committees finalize bills. Select committees deal with temporary issues. Importance of House Rules Committee. Discharge petitions force bills out of committee.

Committee Membership Members serve on multiple committees at a time. Request assignments based on interest or district. Often want access to pork or earmarks. Some assignments are good for campaigning. Membership represents party division in house. Chairs have tremendous agenda-setting power. Chairs no longer chosen by seniority.

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

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

Sub-Committees Almost all Standing Committees have sub-committees Specialization Conduct hearings and investigations Often continue from one Congress to next

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

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

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

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

Choosing Committee Members Prestige House Ways and Means/Appropriations Committees Senate Foreign Relations, Finance, and Appropriations Committees Membership can increase re-election chances Benefit their state or district Influence national policy Education, Budget, Health, Judiciary, Foreign Policy Influence over other lawmakers Rules, Appropriations, and Taxation Committees House Republicans have a Committee on Committees that makes assignments. House Democrats’ Steering Committee performs this function

Chairperson Most powerful members of Congress Legislative Reorganization Act of 1970 Member majority can call meetings Reasonably 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

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

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

Legislative Reorganization Act of 1946 House and Senate staff has grown from 2,000 on staff in 1947 to 11,500 in 1990 Lawmakers can’t be experts on all issues Constituent demands increased Personal Staff Allowance for pay based on state population and distance from Washington 1/3 live in legislators’ home states Can be hired and fired at will Committee Staff – work for many legislators

Three Types of Personal Staff Administrative Assistant (AA) Office Manager, Advisor, Scheduler, Liason Legislative Assistant (LA) Inform, research and draft bills Writes speeches and articles Assist in committee meetings Tracks progress of bills Thumbs up or down signal to lawmaker on vote Caseworkers Deal with inquiries from constituents Staff the lawmakers’ district or state office

Committee Staff Chair and senior minority party member on committee are in charge of committee staff Draft bills, research, plan hearings, reports Some are experts in a particular field Laurence Woodworth – on the staff of the Joint Committee on Internal Revenue Service Responsible for all changes in tax laws

Support Agencies Library of Congress Purchase books Administrator of copyright law Congressional Research Service (CRS) Answers questions from lawmakers Requests for information from voters Research on matters related to bills

Congressional Budget Office Est. 1974 Coordinate budget-making work of Congress Make cost projections Counterbalance to President’s Office of Management and Budget (CBO) Study economic trends Keep track of committee spending Prepare a report on the Budget each April Calculate budget’s affect on the economy

General Accounting Office (GAO) Nation’s watchdog over money Congress spends Comptroller General 15 year term Professional staff of 5,100 people GAO staff prepare reports, testify, develop questions for hearings, legal opinions

Government Printing Office (GPO) Largest multi-purpose print plant in world Prints the Congressional Record Daily record of all bills introduced, speeches and testimony Even speeches not actually made

Members of Congress Professionalization after World War I. Members must please those in D.C. and in district. Incumbency helps members to stay in office. 95 percent of incumbents win reelection. Members more educated, white, and male than U.S.

Theories of Representation Trustees hear constituents and make own judgments. Delegates vote as their constituents want. Most members act as politicos. May also be influenced by race or gender.

How Members Make Decisions Party has become important in divided government. Constituent opinion, especially on important issues. Colleagues and caucuses. Role of logrolling. Interest group lobbying and money. Staff and support agencies.

How a Bill Becomes a Law Stage-by-stage process offers many opportunities to fail. Parallel processes in House and Senate. Committee is first step, role of markup. Moves to floor, Senators may use hold or filibuster. Conference committee if both chambers approve. President can sign or veto.

Congress and the Executive President has become increasingly powerful. Congress, in turn, has increased oversight hearings. Also uses congressional review. War Powers Act should give Congress role in war. Congress confirms presidential appointments. Congress can impeach president.

Congress and the Judiciary Courts can overturn laws if unconstitutional. Congress reviews judicial nominees. Role of senatorial courtesy. Congress also sets courts’ jurisdiction.

AV- Congressional Approval  Back

Figure 7.1- Organization of Congress  Back

Figure 7.2- 111th Congress  Back

Figure 7.3- Female and Minority Members  Back

Figure 7.4- How a Bill Becomes a Law  Back

Table 7.1- The Powers of Congress  Back

Table 7.2- House Versus Senate  Back

Table 7.3- Congressional Committees  Back

Table 7.4- A Day in the Life of a Member  Back

Table 7.5- Advantages of Incumbency  Back

Table 7.6- Support Agencies  Back

Table 7.7- Impeachment  Back