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6 Congress Scott J. Ferrell/ Congressional Quarterly/Getty Images
As you will learn in this chapter, Congress has both changed and stayed the same. In terms of its formal structure and procedures, it has varied little over the years. But in terms of its interpersonal dynamics and policy issues, it has changed significantly. Scott J. Ferrell/ Congressional Quarterly/Getty Images
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6 Learning Objectives Trace the roots of the legislative branch outlined by the U.S. Constitution. 6.1 Characterize the demographic attributes of members of Congress, and identify factors that affect their chances for reelection. The Framers' original vision for the legislative branch was one whose powers were narrower than those wielded by members of Congress today. Mainly, the Framers wanted a government body that could make laws and raise and spend money as required to carry out the needs of the recently formed United States. Over time, and as the needs of the country evolved, the legislative branch has seen its powers and those of the other two branches—the executive and judicial—evolve along with the changing demands of the day. Today, members of Congress must combine and balance the roles of lawmaker, budgeter, and policymaker while still representing those back home. 6.2
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6 Learning Objectives Assess the role of the committee system, political parties, and congressional leadership in organizing Congress. 6.3 Identify three of the most significant powers of Congress. 6.4
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6 Learning Objectives Analyze the factors that influence how members of Congress make decisions. 6.5 Evaluate the strategic interactions between Congress, the president, the courts, and the people. 6.6
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Roots of the U.S. Congress
6.1 Roots of the U.S. Congress Bicameral legislature House Representatives based on population Two-year term Senate Two from each state Six-year term Article I of the Constitution describes the structure of the legislative branch of government: an upper house (the Senate) and a lower house (the House of Representatives). Together, they form our bicameral legislature. In Congress, the number of members each state sends to the House of Representatives is determined by the population of the state. In contrast, each state has two members in the Senate, regardless of population. Let's explore the structure and rules for Congress in this first section.
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How long are members' terms?
6.1 How long are members' terms? Members of the Senate serve six-year terms, while members of the House of Representatives serve for two years. There are no term limits, so members may run for reelection for an unlimited number of terms. The advantages of incumbency make turnover in Congress very low; new members such as Elise Stefanik (R-NY), the youngest woman ever elected to the institution, constitute only a small percentage of representatives. Steve Jacobs/The Post-Star/AP Images
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6.1 TABLE 6.1 What are the powers of Congress?
This table includes the powers of Congress, as spelled out in Article I, section 8.
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Eligibility and Apportionment
6.1 Eligibility and Apportionment Members of the House Twenty-five years old and a citizen for at least seven years Senators Thirty years old and a citizen for at least nine years Census Conducted every ten years Who can run for Congress? Representatives must be at least twenty-five years old and a citizen of the United States for at least seven years. They must live in the district they want to represent. They are elected to two-year terms. The Framers expected that the House members would be more responsible to the people, both because they were elected directly by them and because they were up for reelection every two years. Senators are elected to six-year terms, and every two years one-third of them face reelection. Originally, senators were selected by their state's legislature, but that changed with 17th Amendment, passed in 1913; voters now directly vote for their state's senators. The Constitution requires senators to be at least thirty years old and a citizen for at least nine years. They must live in the state they want to represent. The Constitution requires that a census be taken every ten years to determine how many members each state will have in the House of Representatives.
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Key Powers 6.1 Make laws Raise and spend revenue Impeachment
Both House and Senate must pass bills. Raise and spend revenue Impeachment Other powers "as necessary and proper" to carry out the functions of Congress The Constitution specifically gives Congress its most important powers: the authority to make laws and raise and spend revenue. But the two houses must agree: No bill, or proposed law, can become law without the consent of both the House of Representatives and the Senate. The Constitution further gives Congress the authority to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers." In the past, this "necessary and proper" clause has been interpreted by the Supreme Court to mean that Congress can use this power, along with its other powers, to increase the scope of its authority, often at the expense of the states and not always in ways the Framers may have intended. The House has the power of impeachment to charge the president, the vice president, or other "civil officers" with "Treason, Bribery, or other High Crimes and Misdemeanors." However, only the Senate can conduct impeachment trials, and two thirds of the Senate must agree before a federal official can be removed from office.
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TABLE 6.2 What are the key differences between the House of Representatives and the Senate?
6.1 As you can see, this chart notes some of the key differences between the House of Representatives and the Senate. One of the big differences is the number of members each body has: The House has 435 members and the Senate, 100. continued on next slide
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TABLE 6.2 What are the key differences between the House of Representatives and the Senate?
6.1 As you can see, this chart notes some of the key differences between the House of Representatives and the Senate. One of the big differences is the number of members each body has: The House has 435 members and the Senate, 100.
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6.1 According to the Constitution,
where must all revenue bills originate? Executive Branch Senate House of Representatives A joint committee of the House and Senate Let's answer a brief question to assess what you have learned about Congress so far.
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6.1 According to the Constitution,
where must all revenue bills originate? Executive Branch Senate House of Representatives A joint committee of the House and Senate Although the Constitution states that all revenue bills must originate in the House, the Senate has also proposed budgets. However, both houses must approve all bills.
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The Members of Congress
6.2 The Members of Congress Congressional Demographics Running for and Staying in Office Incumbency Redistricting What is it like to serve in Congress, and what kind of person would seek out this experience? In this section, we will find out. Most members of Congress today will tell you they enjoy their job, despite what can seem like near-constant criticism of the institution. According to one study, the average House member makes 40 trips a year to their home district. Days are long and filled with meetings: committee meetings, constituent meetings and staff meetings. Incumbent House members—those currently in office and intending to stay in office—in particular must always be thinking about their next election. If that election follows a census and a redistricting, staying in office can be that much harder.
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6.2 TABLE 6.3 What is a Typical Day like for a Member of Congress?
Here's what a day in the life of a congressional representative looks like.
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Congressional Demographics
6.2 Congressional Demographics Better educated than general population Two-thirds of members hold advanced degrees Wealthier than general population Senate "Millionaires Club" Recent increases in minority representation Put simply, Congress is better educated, more male and whiter than the general population. More than two-thirds hold advanced degrees. Almost 250 members of Congress are millionaires, a fact which has led to the Senate at times being called “the Millionaires Club." Many members have significant inherited wealth; in 2010, representatives had a median net worth of $75,000 and senators had a median net worth of $1.7 million. Most members of Congress may qualify for AARP benefits: The average age of House members is 57, while the average age of Senators is 63. An influx of women, African Americans, and other minorities were elected in Some of those gains have held: the 112th Congress included 42 African Americans, all in the House, and 27 Hispanics. It also included seven members of Asian or Pacific Island American descent and four openly gay members. Some groups have lost ground, however: the number of women has declined slightly in the 112th Congress, as has the number of Jewish members of Congress.
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Running for and Staying in Office
6.2 Running for and Staying in Office Political party membership Republican or Democrat Incumbency Of the thousands who run for office, those who have the best chance belong to either the Democratic or Republican party. Election laws vary from state to state, and some states discriminate against independent party and minor-party candidates. Raising money is crucial in an election, and incumbent members of Congress spend much of their free time on the phone or attending fundraisers. Incumbents have a tremendous advantage; on average, 96% of incumbents win their bid for primary and general election success. As a rule, challengers simply don't have the name recognition, access to free media, insight on fundraising and advantageous district enjoyed by the incumbent.
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6.2 Who are the nonvoting members representing Washington, D.C.?
Shadow Senators Paul Strauss (rear) and Michael Brown (left) and Delegate Eleanor Holmes Norton (center), all Democrats, represent Washington, D.C., in the Senate and the House, respectively. When Democrats held the House, Norton was allowed to cast votes in committee, a privilege she lost in 2011 when Republicans gained control of the House. D.C.'s two shadow senators have no voting rights or legal standing. The Washington Post/Getty Images
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6.2 TABLE 6.4 What are the advantages to incumbency?
Incumbents enjoy many advantages in running a campaign, including: name recognition, claiming credit for bills passed, claiming credit for helping constituents, access to media, free mailing (franking) of district-related materials and newsletters, experience in running a campaign, and fundraising.
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Redistricting 6.2 Follows census Often political in nature
State Legislatures redraw districts Often political in nature Party in power controls the process Gerrymandering Drawing a district to favor a party or candidate Congressional districts are redrawn to reflect increases or decreases in seats allotted to states, as well as population shifts within a state. Redistricting can be a largely political process. In most states, the state legislature redraws the lines. The new districts could be drawn to help incumbents win reelection or to make it harder for incumbents if they are not a member of the party in power. When the practice of redistricting is so influenced by politics that it produces a district with a strange shape, it is called gerrymandering. Such cases are often challenged in court. In recent years the Supreme Court has ruled that when redistricting the districts must be based on population and they must be contiguous (the boundaries must be able to be drawn with a single line). It has ruled that gerrymandering to dilute minority strength violates the Voting Rights Act of 1965, and that race can be considered when redistricting if it is not the "predominate" factor, and states may redistrict more frequently than every 10 years.
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6.2 FIGURE 6.1 What is Gerrymandering? Bettmann/Corbis
Two drawings—one a mocking cartoon, the other all too real—show the bizarre geographical contortions that result from gerrymandering. The term was coined by combining the last name of the Massachusetts governor first credited with politicizing the redistricting process, Elbridge Gerry, and the word "salamander," which looked like the oddly shaped district that Gerry created. Sources: David Van Biema, "Snakes or Ladders?" Time (July 12, 1993) © 1993, Time Inc. Reprinted by permission. Bettmann/Corbis
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6.2 Responsibility for redistricting
most often belongs to: Congress State legislatures Political parties Independent commissions What have you learned about redistricting? Please answer this multiple choice question.
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6.2 Responsibility for redistricting
most often belongs to: Congress State legislatures Political parties Independent commissions Generally, state legislatures have this duty. Some states have used independent commissions to avoid partisan politics.
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How Congress Is Organized
6.3 How Congress Is Organized Leadership in the House of Representatives Leadership in the Senate The Committee System The organization of both houses of Congress is closely tied to political parties and their strength in each chamber. Power is divided between the majority party and minority party. The majority party in each house is the party with the most members. As we will learn in this section, the party in charge has significant influence over how matters are handled in each chamber. The leadership structure in both chambers is similar, but there are distinct differences between the House and the Senate. Congress is further organized into different layers of committees, in which much of the work of Congress is done.
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6.3 FIGURE How are the House of Representatives and the Senate Organized? This figure shows the organizational structure of the House and Senate. While there are a number of similarities, there are also key differences.
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Leadership in the House of Representatives
6.3 Leadership in the House of Representatives Speaker of the House Most powerful position in the House Leadership Teams Majority Leader Minority Leader Whips The Speaker of the House is the only officer of the House of Representatives specifically mentioned in the Constitution. The speaker presides over the House, oversees House business, is the official spokesperson for the House, and serves as second in the line of presidential succession should anything happen to both the president and the vice president. The speaker serves as a liaison to the Senate, and shepherds party-backed bills through the legislative process. The entire House of Representatives elects a speaker at the beginning of each new Congress, and traditionally the speaker is a member of the majority party. Speakers have leadership teams. The majority leader is the head of the party controlling the most seats in the House. Both the majority and minority leaders are assisted by whips—members elected by party members in caucuses and whose job it is to help persuade those in the party to toe the party line on important issues.
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6.3 FIGURE 6.3 What is the partisan composition of the 114th Congress?
In the 114th Congress, Republicans held a majority of seats in both the House of Representatives and the Senate. Source: Politico Election Central, and
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6.3 Who was the first female speaker of the House? The White House
Nancy Pelosi, shown here at a State Dinner with President Barack Obama and General Colin Powell, was the first woman Speaker. A strong Speaker, she was known for her ability to count votes before allowing any bill on the floor, resulting in the highest levels of party unity in modern Congresses. The White House
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Leadership in the Senate
6.3 Leadership in the Senate Presiding Officer Majority Leader Leadership Teams The Constitution specifies that the vice president presides over the Senate and votes only in case of a tie. The official chair of the Senate is called the president pro tempore, or pro tem for short, who is selected by the majority party and presides over the Senate in the absence of the vice president. Because presiding over the Senate can be a routine duty, more junior members of the majority party tend to take over this activity. The true leader of the Senate is the majority leader, who is selected by the majority party. The majority leader works to make sure that party members vote for party bills. The minority leader and the Republican and Democratic whips round out the leadership positions in the Senate and perform functions similar to those of their counterparts in the House. However, Senate rules give individual Senators considerable power, so being a whip in the Senate can be more challenging than being a whip in the House, even though there are fewer members to look after.
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The Committee System 6.3 Types of committees Committee chairs
Standing committees Joint committees Conference committees Select (or special) committees Committee chairs Committee membership Much of the work that Congress does is handled in committee. Standing committees are the first and last place to which most bills go for consideration. They are called standing committees because they continue from one Congress to the next. Joint committees are standing committees that include members from both the House and the Senate. They conduct investigations, special studies, and focus on major issues such as the economy or a specific scandal. Conference committees are special joint committees that work out the differences in bills passed by the House and the Senate. Both chambers have to pass the exact same bill before it can become law. Select (or Special) committees are temporary committees set up for a specific purpose, such as to investigate the September 11, 2001 terrorist attacks. Historically, committee chairs are long-serving members of the majority party, though that is not always the case. Committee chairs have a great deal of influence. They decide when to hold meetings, and can kill a bill simply by refusing to schedule it for a hearing. Members of both chambers may request membership on a particular committee based on their personal interests and expertise. In both the House and the Senate, committee membership generally reflects party distribution within that chamber.
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6.3 TABLE 6.5 What were the committees of the 113th Congress?
Look closely to see the committees and subcommittees of the 112th Congress.
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6.3 TABLE 6.5 What were the committees of the 113th Congress?
Look closely to see the committees and subcommittees of the 112th Congress.
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6.3 Which committees are responsible
for hammering out differences in House and Senate bills? Standing committees Joint committees Special committees Conference committees Please answer this brief question on Congressional committees before we move on to the next section.
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6.3 Which committees are responsible
for hammering out differences in House and Senate bills? Standing committees Joint committees Special committees Conference committees Conference committees must iron out differences in bills passed by the House and Senate. A conference committee comprises members from the House and Senate committees that originally considered the bill.
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