1. Introducing Congress We are a republic or a representative democracy
What does “represent” mean?
How does Congress represent us?

2. The US Capitol: (senate in north wing /House in the south wing)

3. From Linkage Institutions to Policymaking Institutions

4. Copyright © 2009 Cengage Learning4 4

5. The Capital Mall in Washington

6. When you represent someone, what are you doing?
What does good representation look like?

7. To Represent You go with a sick friend to the doctor.
What do you expect when someone is representing you? Or you are representing someone else? What is the context? What qualities does a representative need to have?
You go with a sick friend to the doctor.
You hire an attorney to represent you in court.
Your mother is too ill, and so you go to a family function in her place.
You are elected by your class to be the class representative to the ASB. How do you act?
You are appointed by the President (and confirmed by the Senate) to be a Supreme Court Justice.
You are the President.

8. To represent: To act or speak for someone else
Constitutional representation
Geographic representation
Partisan Representation
Descriptive Representation

9. Congressional Oath of Office
“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
— U.S. Constitution, Article VI, clause 3
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

10. Twenty-Fifth Congressional District
After 2000 Census After 2010 Census

11. 116th Congress (began Jan. 2019)
Independents
Angus King (Maine)
Bernie Sanders (Vermont)

14. Demographic characteristics (2017)

15. Connections Letter from a Birmingham Jail
“I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly affects all indirectly. Never again can we afford to live with the narrow, provincial "outside agitator" idea. Anyone who lives inside the United States can never be considered an outsider.” Martin Luther King
To me, this means… I find this meaningful because.. I wonder… Alex AP (print your name)

16. Make a title that summarizes the Point that King is making.
Place quotation in middle
Your interpretation: Write a short paragraph about how this quotation is meaningful in any number of ways
(include an illustration of your choice, need not be original, make poster landscape rather than portrait, text size suitable for classroom wall and print out to turn in)

17. Congress and Representation
U.S. Senate (100): two senators directly elected from every state:
Staggered elections, approximately one-third up for re-election every two years
Seventeenth Amendment: direct elections! Prior to 1913, senators picked by state legislatures
U.S. House (435) : Three step process:
Census (count every ten years)
Reapportionment: redistribution by U.S. Congress
Redistricting: redrawing of district boundaries by states

18. How should we form a representative institution?

19. How do we divide 323,000,000 people into 435 districts?
Districts within a state have to be approximately the same
Population: One Person, One vote Baker v. Carr (1962)

20. Baker v. Carr (1962)
Members of Congress did not represent equal numbers of people in Tennessee
Traditionally, according to the Constitution, states are in charge of drawing districts
Are districts with differing numbes of people a violation of the Fourteenth Amendment (equal protection clause) such that the federal government should tell Tennessee to redraw districts?
Yes, US Supreme Court rules that Tennessee must redraw districts (one person, one vote decision).

21. Census: Completed by Census Dept.
Reapportionment: U.S. Congress is responsible
Redistricting: Each state chooses the boundaries of districts
                                                                                              
After 1990
After 2000

22. CENSUS

23. REAPPORTIONMENT

25. REDISTRICTING

26. Twenty-Fifth Congressional District
After 2000 Census After 2010 Census

27. Gerrymandering: Drawing Districts to advantage a particular group in a legislative body

28. Gerrymandering Explained

29. Gerrymandering Case from Wisconsin

30. Most common type of gerrymandering
Partisan Gerrymandering

31. Types of gerrymandering
Partisan gerrymandering
Racial gerrymandering
I. Racist: to reduce diversity
II. Liberal: to increase diversity

32. Racist: Racial Gerrymandering: motivated by prejudice
Racial Gerrymandering I referred to manipulating legislative district lines to under-represent racial minorities. Voting Rights Act of 1965 made this practice illegal.

33. Liberal: Racial gerrymandering with intention to promote diversity
12th district, initial boundaries after 1990 census
Racial Gerrymandering II In 1982, the Voting Rights Act was amended to require many states to create "majority-minority" districts to increase the likelihood of minority candidates for Congress.

34. Shaw v. Reno (1993)
To promote greater racial/ethnic diversity in Congress, North Carolina had drawn District 12 to be a majority African-American district
Is this constitutional?
Decision: No. North Carolina cannot use race, violates Fourteenth Amendment.

35. Shaw v. Reno (1993): Race should not be used as the predominant factor
Racial gerrymandering, whether for malign or benign goals, is unconstitutional
Shaw v. Reno (1993): Race should not be used as the predominant factor
Hunt v. Cromartie (2001): But if the state legislature used partisan rather than racial divisions as the primary criterion, than a district that is primarily composed of one race or ethnicity is not unconstitutional (majority-minority districts)

36. Effort to Reduce Gerrymandering: Redistricting in CA
Instead of our esteemed Legislature drawing the districts
California’s Voters First Act (Prop 11, 2008) created a Citizens Redistricting Commission of fourteen members who are charged with drawing the new districts by August The members cannot be politicians.

37. What kinds of civic obligations should be compulsory?
Jury duty
Military Service
Giving Blood
Donating Organs (opt-in or opt-out)
Saying the pledge of allegiance
School assemblies
Helping someone who is hurt (good Samaritan)
Voting?
School (K-12?) Higher education? Preschool?
Working?
How do we decide this ethically?
What value(s) are we promoting?
Cost/benefit analysis
What makes us a better person?

38. Two minute WP debate on compulsory voting

39. Issue: Should communities have at-large or district elections?
At-large: All members of Body represent entire community
District: each member represents a specific neighborhood
Advantages/Disadvantages?
Advantages/Disadvantages?

40. California Voting Rights Act of 2002
Promote district elections to increase diversity in locally elected bodies
City councils
School districts/community college districts
Many local governments switching to district elections

41. To Promote diversity on City Councils by having neighborhood elections, Palmdale elections, 2015
Lawsuits against local governments argued that district rather
than at-large elections will improve representation based on
the California Voting Rights Act.

42. AVUHD District

43. AVUHSD Districts—switched to district from at-large elections in 2018, also switched form odd year elections to even year elections
The Antelope Valley board of trustees consists of five members elected to four-year terms. Members were previously elected at largeon a staggered basis every November of odd-numbered years,
but the district switched to hold by-districtelections in even-numbered years. Board members' terms were extended
by one year in order to accommodate the change. The first by-district, even-year election was held on November 6, 2018.[7][8][9](ballotpedia)

45. Is Descriptive Representation a necessary goal for our nation
Is Descriptive Representation a necessary goal for our nation? If so, how should it be promoted?
Definition: the belief that representatives should look like those that they represent (race, gender, ethnicity, etc).

46. Growing Diversity

49. Trends
FIGURE 12.1 Women, African Americans, and Latinos in the U.S. Congress, 1971–2010
SOURCES: Harold W. Stanley and Richard G. Niemi, eds., Vital Statistics on American Politics 2003–2004 (Washington, DC: CQ Press, 2003), 207, Table 5–2; and Mildred Amer and Jennifer E.Manning, Membership of the 11th Congress: A Profile, Congressional Research Service , December 31, 2008, assets.opencrs.com (accessed 1/31/10).

50. Other demographic characteristics (2017)

51. Hypothesize: Analyze the differences in Percentages of Legislative Positions held by Women (December 2015)
U.S. House of Representatives: 19.3%
U.S. Senate: 20%
Statewide Elected Office (24.7%)
State Legislatures: 24.4%
Mayors of top 100 cities: 17%
Mayors of cities over 30,000: 18.4%
City Councils of Large and Medium Cities : 36%
Small Cities: 25% (2001 data)
School Boards: 44% (2010 data)
Sources: Center for Women in Politics
2015 data, City Councils, National League of Cities, National School Boards Association

52. Women in Politics Descriptive generalizations Hypotheses
1.More women are gaining political office. 2. School boards—more women in office 3. Fewer women in higher office. (still a minority)
1.Traditional maternal role leads to more women in school boards 2. History-with time more women will be in higher office

53. What should be the role of a Congressmember?
The Delegate: Listens to his constituents and does what they want
The Trustee: Does what he thinks is best for his constituents
The Politico: Combines both roles

54. Responsibilities of Congressmembers
Lawmaking
Senate: Confirmation of executive department officials and judges, ratifies treaties
Oversight: to make sure laws are implemented correctly
Constituency service (casework) “ombudsman role”

55. Factors Influencing How Congress Members Vote
party
constituents
ideology
president
interest groups
staffers
other members
Leadership of Congress
Scenario: Hyperlink
10-5

56. A day in the life of a legislator
In Congress (Hill-Style)
In the district (Home-Style)
Committee hearings
Meeting with Constituents and interest groups
Fundraising
House chamber – voting, listening to speeches, etc
Meetings with staff, drafting bills
Caucusing with like-minded legislators
Communicating with media
Focusing on local issues
Meeting with constituents
Working with staff of district office
Organizing campaigns
Fundraising
Attending public events
Communicating with media

57. Motivation as a Representative
Rational Choice Model
David Mayhew’s Congress: the Electoral Connection
Your motive as representative: re-election
Advertising: visits, newsletters, franking privilege
Credit-claiming: particularized benefits to constituents—casework
Position-taking—pleasing judgmental statements
Deliberative Model:
Your motive as representative: the public good.
Fact-Finding
Deliberation
Debate

58. How a bill becomes Law Reported by Full Committee Conference Action
HR 100
Introduced
in House
S 200
Introduced
in Senate
Referred to
House Committee
Referred to
Senate Committee
Referred to
Subcommittee
Referred to
Subcommittee
Reported by
Full Committee
Reported by
Full Committee
Bill goes to Rules Committee
To set conditions for vote on House Floor
Senate Debate,
Vote on Passage
House Debate,
Vote on Passage
Conference Action
Compromise version of
bills HR 100/S 200
sent to Senate for approval
Compromise version of
bills HR 100/S 200
sent to House for approval
HR 100/S 200
A Bill
HR 100/S 200
A Bill
VETOED
SIGNED

59. Laws and Resolutions Passed/Proposed

60. Leadership of Congress—116th
Leadership of Congress is selected by the majority party
Each committee and subcommittee chairman belongs to the majority party
Nancy Pelosi (D-CA)
Mitch McConnell (R-KY
New Senate Majority Leader

61. Minority Party Leadership
Kevin McCarthy (R-CA)
Minority Leader of the House
Chuck Schumer (D-NY)
Minority Leader of the Senate

62. House leadership structure
Speaker: constitutional office, leads majority party
Leaders: chief representative of each party on the floor
Whip: maintain party discipline, communication, vote counting, pressuring

63. Leadership of the Senate

64. U.S. Senate: Constitutionally Prescribed Offices
Mike Pence, Vice President of the United States, President of the Senate
President Pro Tempore (senior most member of majority party) Chuck Grassley
                                    
                                   
Chuck Grassley R-IA

65. Types of Committees Standing Committees: permanent committees
They have subcommittees
Conference Committees: temporary committee to iron differences between House and Senate versions of bill
Select Committees- temporary fact-finding committees to investigate issue or scandal
Joint Committees- composed of both House and Senate members to manage Capitol.

67. Selection of Committee Members
Chairman
of the majority party
with the most seniority
approved by party leadership
Committee members
make known their preference to the leadership
Decision of Party Leaders

68. Example: The House Armed Services Committee (114th)
Composed of 35 Republicans and 26 Democrats (114th Congress)
Subcommittees:
Military Installation and Facilities
Military Personnel
Military Procurement
Military Readiness

69. Discharge petition
A majority of the US House can force a bill out of a committee (if it has been in the committee for at least 30 days) to bring it to the floor
Rarely used
Can be a way of circumventing a stubborn chair of a committee

70. As Senate Majority Leader: LBJ’s “treatment”
Right: Theodore Green, chair of the Senate Foreign Relations
Committee

71. Can Congress members work together effectively?
Centralizing forces (centripetal)
Party as a force for unity
Party leaders
The President
Bipartisanship
Strategies to garner more support
Logrolling: politicians trade support for each others’ bills
Pork barrel spending: extra spending, often considered wasteful, is added to bills
Earmarks: extra spending is added in Conference Committee
Fragmenting Forces (centrifugal)
Controversial issues
Polarization of the country
Party division
Committee system
filibuster

72. Logrolling and Earmarks
the practice of exchanging favors, especially in politics by reciprocal voting for each other's proposed legislation.
Any expenditure requested by a lawmaker, intended for a specific state, district or entity, and outside the usual administrative process.

73. The Filibuster (U.S. Senate)
Unlimited Debate to halt action on a particular bill.
“To Talk a bill to death”
Can only be broken by
a cloture vote—a vote to end a filibuster, requiring 3/5 of Senate, 60 senators
(pre-1917: no cloture vote possible, 1917 changed to 2/3 vote, 1975 changed to 3/5)
- The term comes from the early 19th century Spanish and Portuguese pirates, "filibusteros", who held ships hostage for ransom.
Strom Thurmond, 1957, Filibuster against the Civil Rights Act (24 hours and 18 minutes)
Fictional: Jimmy Stewart in Mr. Smith Goes to Washington

74. Practical Consequence of Filibuster:
With most bills in the Senate, a majority of 60 is now necessary to pass the bill.
Cruz filibuster:
Mr. Smith Goes to Washington excerpt:

75. Growth of the Filibuster

76. President’s Choices upon getting a bill
Sign a bill
Veto a bill//Congress can override with a two-thirds majority
If the president does not sign nor veto a bill within ten days, it becomes law
If Congress adjourns within ten days, bill dies. This is called a pocket veto.

77. Assessing Congress: Criticisms of Mann and Ornstein (The Broken Branch , 2006)
Purpose of Congress
To represent the people
To legislate
To act as a check of the other Branches of Government
Congress is weak:
--intense partisanship, gerrymandering, nonstop fundraising ---
---has weakened link to people
---skewed policymaking process
---reduced Congress to a follower of the executive branch

78. Solutions
Increase Deliberation: Open process up to allow for more debate
Tell Politicians to spend more time in Washington to focus on policymaking
Campaign Finance Reform: to reduce the need for fundraising
No more partisan gerrymandering: Emphasize bipartisan nature of policymaking: responsibility of the press and the people

79. What Should be the Role of Money in Politics?
Regulated?
Unregulated?
No limits?
How much disclosure?

81. Federal Campaign Finance: 2016

82. Average Spending

83. Campaign Finance Law History
Post-Watergate reform
1974 Federal Election Campaign Act
All candidates for federal office must disclose
Who has contributed to campaign
How campaign funds have been spent
Limit on contributions– currently per individual
Any interest group giving money to candidates must create a Political Action Committee (PAC)
Creation of Federal Election Commission to administer campaign finance law
Matching funds for presidential primary race, full funding for general presidential election race

84. Federal Campaign Limits: 2017-18

85. Key Court Case
Buckley v. Valeo: Giving money to political campaigns is a form of speech and is protected by the First Amendment

86. One loophole closed
Direct contributions to candidates were limited (hard money)
Money for party-building activities that did not directly promote a specific candidate—unlimited contributions (soft money)
Bipartsian Campaign Reform Act of 2002 banned soft money contributions to parties (McCain-Feingold bill)

87. Another Loophole opens
527 groups (named after section of federal tax code): independent groups that can raise and spend unlimited amounts of money as long as long as they do not directly advertise for or against a candidate
Still must report contributions/expenditures to FEC.

88. A second loophole opens
Citizens United v. Clinton (2010): Because corporations and unions are legally people and have free speech rights, hence can spend unlimited amounts of money

89. A third loophole opens
Speechnow v. FEC (2010): independent expenditures by groups that are unaffiliated with candidate, as well as contributions to these groups, have to be reported to FEC but are unlimited. Contributions also unlimited.
These groups are called Super PACs– no limits

90. Fourth loophole: Use of 501c (4) status
IRS status that allows nonprofit organization to engage in voter education and lobbying without disclosing donor names/contributions
Must spend less than half of its activites on politics

91. Campaign finance rules
No bribery: demand money for votes
Almost all money ($200 and over has to be reported to government (Federal Election Commission)
PAC: Political Action Committee: Any group that wants to give money to candidates must form political action committee (donations limited)
Super PAC: Group that spend money independently of candidates but on behalf of candidates (donations unlimited)
Hard money: Money given directly to candidates called “hard money” is limited
Soft Money: Money spend for party-building activities (banned by McCain-Feingold)

92. Distinguish between Expenditures and Contributions
Contributions to candidates from individuals, PACs, etc are limited by law
Expenditures by candidates or by people, Super PACs, or corporations are not.
Effective of Citizens United (corporations)
Speechnow (Super PACs)

93. Campaign Finance Donors Politicians//Super PACs
Contributions to Candidates
Limited, regulated
Must be Reported, PACs, FEC
Regulation (so called Hard Money)
Donors
Politicians//Super PACs
Expenditures
Unlimited
First Amendment
Right to spend:
Buckley v. Valeo
Must be Reported
No limits on
Contributions from
Own wealth
Expenditures not
Coordinated with candidate
campaigns
Unlimited, must be reported
(exception; 501c groups (nonprofit groups)

94. 25th District Race: Money spent by actual campaigns

95. Independent Expenditures—Super PACs

96. Campaign Finance: key points
Almost all contributions and expenditures are reported to FEC
Contributions to candidates are limited (hard money)
Expenditures by candidates and groups are unlimited.
Independent expenditures are unlimited
Rationale: Spending money is protected by First Amendment
Is this satisfactory? What reforms, if at all, would you advocate? Investigate one or two candidates, share your opinions in a small group, write a critical reflection Share with class.

97. Concern about Campaign Finance

98. Possible reforms Retain system as it is.
Provide more avenues for information/websites, free time on air, etc
Improve disclosures (501c groups, increase frequency of reporting
Institute Public financing of campaigns
Congress Overturns Citizens United and Speechnow
May require constitutional amendments