1. CH. 7 THE LEGISLATIVE BRANCH
STUDENT NOTES

2. WHY A CONGRESS? “First branch” or “broke branch”
Functions: lawmaking, representation, service to constituents, oversight
Democratic experiment (republic) – reflection of citizens
People are the ultimate rulers

3. REQUIREMENTS American Bicameralism REPRESENTATIVE SENATOR
House of Representatives & Senate = CONGRESS
REPRESENTATIVE
American citizen for 7 years
25 years old
Resident of the state from which they are elected
SENATOR
American citizen for 9 years
30 years old
Resident of the state from which they are elected

4. SENATE Members: 100 Terms: 6 years
2/state
Terms: 6 years
No term limits
Staggered seats 1/3 up for reelection
Structure: loose; nearly unlimited debate
Filibuster – prolonged speech, or series of speeches
GOALS: delay vote on a bill so it doesn’t become a law; protect minority voice
CLOTURE – 2/3 senators vote to end filibuster
Check on POTUS:
approves presidential appointments by majority vote
approves treaties by a two-thirds vote
conducts impeachment trials (2/3 convicts)

7. HOUSE Members: 435 Terms: 2 years Structure: strict Specialties:
Based on population
Terms: 2 years
No term limits
ALL up for reelection every federal election
Structure: strict
Specialties:
initiates appropriations bills
initiates impeachment (majority charges)

8. Who Serves in Congress?
Congress is becoming less white and less male, although women and ethnic minorities are still underrepresented.
Descriptive representation means that members have the same characteristics as constituents.
Substantive representation means that members of Congress will represent their constituents’ best interests.
Incumbents are elected at much higher rates than challengers. This is called the incumbency advantage.

9. CONGRESSIONAL DEMOGRAPHICS
Overwhelmingly SENATE does not reflect the population of America

11. ReAPPORTIONMENT & ReDISTRICTING
Process of allocating seats in HOR after census
ONE MAN ONE VOTE!
Redistricting –
Process of state legislatures drawing the boundary lines for the districts from which representatives will be elected
Gerrymandering –
District shape is altered by maj party in leg to maximize its electoral strength
Create safe seats

14. POWERS OF CONGRESS EXPRESSED, IMPLIED
1) Fiscal Power - levying and collecting taxes - pay our country's debts; provide for the defense; borrowing money; coining and printing currency; establish standards for weights and measures
2) Trade Regulation - regulate foreign and interstate trade
3) Military Power – Defense: establishing a military force: arming, establishment of military laws - Military power is shared with the president BUT power to declare war is granted to the Congress.
4) Other Powers – citizenship; maintain a post office; copyrights and patents; establish federal courts

15. HOR, SHARE, OR SEN???

16. CONGRESSIONAL ELECTIONS
States given control over “time, place and manner…”
Incumbents have a very high rate of return to Congress, this phenomenon is attributed to the incumbency advantage
Name recognition one of the main contributions to success

17. INCUMBENCY ADVANTAGE ADVANTAGE DESCRIPTION OF ADVANTAGE Gerrymandering
Campaign fund-raising and spending
Constituency service
Institutional resources (franking privilege, staff allowance)
Patronage (earmarks/pork barrel)

18. POSITION TAKING
Portray themselves as hard working, dedicated individuals.
Occasionally take a partisan stand on an issue.
Weak Opponents:
Most opponents are inexperienced in politics.
Most opponents are unorganized and underfunded.

20. SERVICE TO CONSTITUENTS
Casework - the response or services that members of Congress provide to constituents who request assistance
Applying for Social Security
Military service
Citizenship
Tracking misdirected benefits

21. EARMARKING PORK
Better serve your district by “bringing home the bacon”
Special appropriations for projects back home attached to bills that they otherwise probably would not support
Earmarks – funding appropriations that are specifically designated for a named project in a member’s state or district (aka pork)

22. Incumbency in the House and Senate
The House has a higher rate of incumbency reelection than the Senate
House members serve in small, often safe districts
House members serve two year terms.
House members run for reelection almost all of the time.

24. CONGRESSIONAL STRUCTURE
Each chamber has a majority party and a minority party
Based on the number of seats won in the previous election – there’s power in numbers – more seats your party has more CONTROL

25. Congressional Leadership
The House
Led by Speaker of the House- elected by House members.
Presides over the House
Controls what bills go to which committees
Major role in committee assignments and legislation.
Liaison to the president
Majority/Minority Leaders/Whips
Majority leader, minority leader, and whips
The Senate
Officially led by Vice President.
Really lead by Majority Leader- chosen by party members.
Minority leader and whips

26. HOUSE LEADERSHIP
SPEAKER OF THE HOUSE: (required by Constitution) elected by majority vote
MAJORITY LEADER: chosen by majority party to represent its goals and policies
Elected by a caucus to foster cohesion among party members
MAJORITY WHIP: assistant to MajL, agenda setter, group communicator, issue planner
“assistant” to Leader; make sure they vote “in line”
MINORITY LEADER: leader of opposition party
MINORITY WHIP: assistant to MinL, liaison to minority party members

27. SPOTLIGHT: SPEAKER OF THE HOUSE
Leader of the ENTIRE HOR, but a partisan position
Appointed by the ENTIRE HOR
ONLY Constitutional leadership position in the HOR
Serves as an active representative
Proceed over meetings of the House, appoint members of joint and conference committees, schedule legislation for floor action, refer bills to appropriate committee

29. SENATE LEADERSHIP
PRESIDENT OF THE SENATE: constitutionally the VP. Monitor debates, mostly breaks tie
PRESIDENT PRO TEMPORE: constitutionally serves if VP unavailable (ceremonial)
MAJORITY LEADER: elected by party caucus to lead procedures, set agenda (leads Senate)
Actual leader in Senate; recognized first in debate; schedule debate on floor; allocate committee assignments; mobilize party support for bills
SENATE WHIP (majority): same as House
MINORITY LEADER: leads the interests of minority party
SENATE WHIP (minority): same as House

30. CONGRESSIONAL CAUCUSES
A group of members of Congress sharing some interest or characteristic.
All members are members of one or more
Most important: party caucuses in each chamber
Bring together members who have similar political views
Congressional Black Caucus, Hispanic Caucus, Women’s Caucus, Potato Caucus, Rust Belt Caucus
Basically Congress is filled with caucuses

31. LEGISLATIVE COMMITTEES
Congress divides its tasks among approximately 250 committees and subcommittees.
Each considers bills and issues and recommends measures for consideration by the House
A way to provide for specialization or a division of the legislative labor
Have oversight responsibilities to monitor agencies, programs, and activities within their jurisdictions
The total number of committee slots allotted to each party is approximately the same as the ratio between majority party and minority party members in the full chamber.
CONTROL THE CONGRESSIONAL AGENDA AND GUIDE LEGISLATION FROM ITS INTRODUCTION TO ITS SEND-OFF
"little legislatures" determine whether a bill will reach the floor and be called for a vote

32. IMPORTANT HOUSE COMMITTEES
Members seek prestigious committee appointments as well as those that relate to constituents Members in both chambers are appointed by the Steering Committee Seniority system informal but not absolute
IMPORTANT HOUSE COMMITTEES
Ways and Means
chief tax-writing committee
“All Bills for raising Revenue shall originate in the House of Representatives.”
Appropriations
Regulated how federal money is spent
Rules
determines rules that set the time limit on debate and determines whether and how a bill may be amended
Open rule – any member can offer amendment
Closed rule - no amendments may be offered other than amendments recommended by the committee reporting the bill

33. Congressional hearings are the principal formal method by which committees collect and analyze information in the early stages of legislative policymaking.

34. COMMITTEES STANDING COMMITTEE : Permanent, work on annual items
Responsible for issues from agriculture, armed services, energy, homeland security, ways and means
Considered more prestigious than others b/c of importance of work
JOINT COMMITTEE:
Members of both chambers

35. COMMITTEES SELECT/SPECIAL COMMITTEE: CONFERENCE COMMITTEE:
Temporary to address emerging issues (unless it’s a permanent select)
Set up to investigate or research issues beyond authority of standing committee
CONFERENCE COMMITTEE:
Differences emerge from House and Senate debates
Includes major sponsors from both chambers
Compromises on the version differences
Creates united bill

36. Permanent Committees of Congress
House Standing Committee
Senate Standing Committee
Agriculture
Appropriations
Armed services
Budget
Education
Judiciary
International Relations
Rules
Science
Transportation and Infrastructure
Veterans Affairs
Ways and Means
Agriculture
Appropriations
Armed Services
Budget
Banking, Housing, and Urban Affairs
Environment
Foreign Relations
Indian Affairs
Judiciary
Small Business
Veterans’ Affairs

37. STANDING:
Appropriations Committees recommend legislation to provide budget authority for federal agencies and programs
Budget Committees establish aggregate levels for total spending and revenue that serve as guidelines for the work of the authorizing and appropriating panels
JOINT
Joint Committee on Printing oversees the functions of the Government Printing Office
Joint Committee on the Library: devoted to the affairs and administration of the Library of Congress, the library of the federal legislature

38. SPECIAL/SELECT: CONFERENCE:
Indian affairs, ethics, intelligence, aging
Aging: studies issues related to older Americans, particularly Medicare and SS
CONFERENCE:
Process enabling most bills to become law
Negotiate a compromise bill that both houses can accept
Made up mostly of chairs from both houses committees

39. Majority party has majority of seats on the committees

40. WHY DOESN’T ANYTHING GET DONE?
Consent of a bill takes too many people:
Majorities on the relevant committees and subcommittees of EACH chamber (and chairs)
Appropriations committee of EACH chamber (and chairs)
House Rules Committee
Chamber majorities
Majority party leaders
President

41. QUALITY OR QUANTITY?

42. POLARIZATION IN CONGRESS
Political polarization simply measures overlap between the two parties. A high level of political polarization means that Republicans agree with Republicans and that Democrats agree with Democrats.

43. The Congressional Process
Presidents and Congress: Partners and Antagonists
Presidents have many resources to influence Congress, including electoral support.
In order to “win” in Congress, the president must win several battles in each house.
Presidents have the power of veto to ultimately influence legislation.

44. CREATING LEGISLATION BILLS – Public or private RESOLUTIONS –
Simple and Concurrent: HoR or Senate – Housekeeping- establishing rules for each chamber
NOT signed by Pres.
Joint: approval from both chamber AND pres.
Same as law; used to propose constitutional amendment (2/3 no POTUS)

45. PUT THE FOLLOWING 10 STEPS IN ORDER TO DETERMINE HOW A BILL BECOMES A LAW
1. Subcommittee Review
2. Voting
3. A Bill is Born
4. Referral to other chamber
5. Conference Committee Action
6. Committee Action
7. Mark Up
8. Overriding a Veto
9. Committee Action to Report a Bill
10. Final Action

46. How Members Make Decisions
Interest Groups
Colleagues
Caucuses
Party &
President
Representative
Constituents
Staff
Political Action Committees

47. REPRESENTATION FUNCTION
How Congressmen Vote:
1) Delegate
Represent attitude of CONSTITUENTS. Public opinion may not be strong enough as a whole
2) Politico - either
Organizational
Principle cue is party preferences
THEY VOTE WITH PARTY!!!
Party Influence: Party leaders cannot force party members to vote a particular way, but they can promise electoral support and committee memberships.
3) Trustee
Vote on their own beliefs
Broad interest of entire society
Don’t vote w/ narrow interests of constituents

48. CONGRESSIONAL TERMS
DISCHARGE PETITION - get a stalled bill out of committee
218 House members
RIDER – provision added to a piece of legislation not germane to bill’s purpose
More likely in Senate than HOR
CHRISTMAS TREE BILL -multiple riders
OMINUS BILL