2. Connection Questions… * How does each ‘institution’ check the others? * How does each ‘institution’ affect the creation of policy? * How does politics influence each institution?

4. Jobs of Congress * 4 Important Jobs of a Congressman: 1. “ Generalist ” – Must be knowledgeable regarding a wide array of issues 2. “ Advocate ” —Bringing constituent concerns to Congress 3. “ Educator & Communicator ” —Explain complex issues to constituents & listen to people ’ s thoughts on the issues 4. “ Ceremonial ” —Receives many invitations to attend events in DC and back home

5. Vocabulary * Constituent: a member of a group represented by an elected official * Generalist: a person who has knowledge in a variety of areas * Advocate (noun): one who pleads in another's behalf * Consensus: a position reached by a group as a whole

6. Historical Perspective of Congress

7. 7 Why Was Congress Created?Congress – The founders feared that power in the hands of a single individual  Centralization v. Decentralization national legislative power is in the hands of a group – Congress was set up as a bicameral institution, with two chambers intended to serve different constituencies The House = to be elected by ‘the people’ – 435 members (# est. in 1911) The Senate = to be selected by state legislatures – 17 th Amendment changes this

8. Congressional Terms A.Term of Congress lasts two years B. Terms begin on Jan. 3 of every odd-numbered year C. Terms numbered consecutively (111 th from 2009-2011), 112 th from 2011-2013 D. Adjournment: end of a term; date must be agreed upon by both houses - Two regular sessions per term - Periodic recesses (not to be confused w/adjournment)

9. Perks and Privileges * Franking allows Congresspersons to correspond often with constituents * Great Schedule (satire) vs. another interpretationScheduleinterpretation * Permanent professional staffsstaffs * Privileges and immunities under the law: - The “ speech or debate ” clause * Congressional caucuses are a source of support - Currently more than 200 caucuses exist

10. The Roles of CongressRole * Policymaker –make policy via laws * Representative of constituents: - delegate: vote based on wishes of people - trustee: vote based on their own opinions *What do you think should be the role of a Congressman? * Committee Member  serve on committees - real work happens here * Politician/party member—work to support their political party and get reelected!

11. What is the viewpoint of this cartoonist?

12. The Structure of Congress: Comparing the House of Representatives and the US SenateCongress

13. ComparingComparing the Senate vs. the House George Washington is said to have told Thomas Jefferson that the framers had created the Senate to "cool" House legislation just as a saucer was used to cool hot tea. Describe the meaning of this statement.

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15. Comparing the House & Senate Non-germane amendments may be introduced (riders). Non-germane amendments may not be introduced from floor. Emphasizes foreign policy Emphasizes tax & revenue policy Members = policy generalists Members = policy specialists Unlimited debate unless cloture invoked Debate limited to 1 hour Scheduling/rules agreed to by majority & minority leaders Scheduling/rules controlled by majority party with powerful Rules Committee Moderate turnoverLow turnover SENATEHOUSE

16. Formal & Informal Qualifications of the US Congress

17. Formal Eligibility Rules US Senator: -citizen for 9 years -at least 30 -resident of state where elected Representative: -citizen for 7 years -at least 25 - resident of the district in the state where elected

18. Let’s Look at the Demographics of the US Congress… * AgeAge * GenderGender * EthnicityEthnicity * For each demographic group, write an analysis statement that summarizes the data for each chamber * Does this data represent the demographics of the USA? Does this question matter?

19. Age The HouseThe Senate

20. Gender The House The Senate

21. US Race/Ethnicity Breakdown, 2010 Census

22. Ethnicity The House The Senate

23. 2006 Race/Ethnicity Data

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25. Congressional Elections ‘It’s good to be an incumbent’

26. 26 Congressional Elections * House Incumbents are reelected more often than in the Senate * House Incumbent reelection percentage is stagnant

27. Congressional Elections The Advantages of Incumbents – Advertising : The goal is to be visible to your voters Frequent trips home & newsletters are used – Credit Claiming : Service to individuals in their district Casework : specifically helping constituents get what they think they have a right to Pork Barrel Legislation : federal projects, grants, etc. that only helps a specific congressional district or statePork Barrel Legislation - The Bridge to Nowhere!?!The Bridge to Nowhere!?!

28. 28 Congressional Elections The Advantages of Incumbents –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 –Campaign Spending: Challengers need to raise large sums to defeat an incumbent PACs give most of their money to incumbents

29. 29 Congressional Elections The Role of Party Identification –Most members represent the majority party in their district Defeating Incumbents –Some incumbents face problems after a scandal or other complication in office –They may face redistricting –They may become a victim of a major political tidal wave  Many Democrats lost in 1994 Many Republicans lost in 2006 & 2008 2010 Republican Resurgence  Many incumbents lost2010

30. 30 Congressional Elections Open SeatsSeats –Greater likelihood of competition. –Big issue in 2008 elections! Stability and Change –Incumbents provide stability in Congress –Change in Congress occurs less frequently through elections –Are term limits an answer?limits

31. Congressional Leadership Political Party Power!Power

32. Which Political Party Controls the House?

33. Which Political Party Controls the US Senate?

34. 34 The House’s Formal LeadershipLeadership –The MAJORITY POLITICAL PARTY controls the legislative process, including the selection of Congressional leaders –Leadership in the House The Speaker of the House The Majority Leader The Minority Leader Whips

35. Hierarchy of the HouseHouse Majority Party Minority Party Majority Leader Majority Whip Deputy & Assistant Whips Minority Whip Minority Leader Deputy & Assistant Whips Speaker of the House

37. 37 The Senate’s Formal Leadership The U.S. Vice President The President Pro Tempore (ceremonial) Majority Leader  the real power Minority Leader Whips

38. 38 Hierarchy of the SenateSenate Majority Party Majority Leader Majority Whip Deputy & Assistant Whips Minority Whip Minority Leader Deputy & Assistant Whips President of the Senate President Pro Tempore Minority Party

40. Congressional Apportionment, Redistricting, and GerrymanderingGerrymandering

41. Reviewing the Basics * The USA uses Single-Member Districts (a geographic district from which a single member is elected by a majority or plurality of the popular vote to represent it in a legislative body) * Every 10 years the USA takes a censuscensus * A state’s representation in the House of Representatives is determined by a state’s population

42. Making Congressional Districts Timeline 1. National Government takes census 2. Using census data, national govt. reapportions (divides up) House of Rep. seats to each state reapportions 3. Using reapportionment info (seats in Congress), states create contiguous US Congressional districts (redistricting) of equal populationredistricting 4. Almost every state redistricts using controversial methods to help the majority political party in state legislature  Gerrymandering

44. Congressional Redistricting * Role of States : - STATES redistrict  draw new Congressional boundaries based upon new census data * Redistricting Requirements: (1) “One person, One Vote” = districts must be equal in population size (2) Districts must be contiguous (can’t split districts up) (3) States can’t redistrict solely on the basis of race

45. The Original GerrymanderGerrymander

46. Gerrymandering Strategies Packing: concentrating as many voters of a particular type into a single electoral district to reduce their influence in other districts Cracking: involves spreading out voters of a particular type among many districts in order to deny them a sufficiently large voting block in any particular district

47. 47 A Closer Look

48. Your Thoughts on Congressional District 3?

49. 49 Courts and Gerrymandering * Baker v. Carr (1962) upheld the concept of “ one person, one vote ”  districts have to be equal in terms of population sizes - allows the courts to reapportion election districts across the nation * Shaw v. Reno (1993) a congressional district in North Carolina was so irregular in shape that it was clearly drawn to secure the election of a minority representative - The Court ruled that the district violated the voters' equal rights protection of the 14th Amendment - States can ’ t redistrict solely on the basis of race

50. " Congress in session is Congress on public exhibition, whilst Congress in its committee-rooms is Congress at work.” President Woodrow Wilson The Committee System: ‘Little Legislatures’Committee

51. Need for CommitteesCommittees * Nonexistent 1789-1810 * Review & Screen policy proposals! * Increase in workload: - hearings - markup of legislation - become specialists in policies * Committee membership proportional to majority & minority parties in chamber

52. Legislative Committees: Function and Purpose

53. Legislative Committees: Function & Purpose 1. Consider bills (a.k.a. “mark-up” bills) A bill with a member’s mark- up notes

54. Legislative Committees: Function & Purpose 2. Maintain oversight of executive agencies Secretary Donald Rumsfeld testifies before a Senate Appropriations Committee hearing re: the Department of Defense Budget (May, 2006)

55. Legislative Committees: Function & Purpose 3. Conduct investigations New Orleans Mayor Ray Nagin testified before the Senate Homeland Security and Governmental Affairs Committee on Hurricane Katrina (Feb., 2006

56. How Congress is Organized to Make Policy The Committees and Subcommittees –Getting on a Committee Members want committee assignments that will help them get reelected, gain influence, and make policy New members express their committee preferences to the party leaders Support of the party is important in getting on the right committee Parties try to grant committee preferences  Have you been loyal lately?

57. How Congress is Organized to Make Policy The Committees and Subcommittees –Getting Ahead on the Committee: Chairs and the Seniority System. The chair of a committee is the most important position for controlling legislation Chairs were once chosen strictly by the seniority system Now seniority is a general rule, and members may choose the chair of their committee –Dingell v WaxmanDingell v Waxman

58. The Politics of Committees * Committees allow for representatives to become specialists in policy areas - Example: Donna Edwards (4 th district) serves on the Transportation and Infrastructure Committee & the Science and Technology Committee - Before joining Congress, Edwards worked for aerospace company Lockheed Martin - How does being on these committees influence Edward’s impact on Congress? - How does Edwards’ past experience help and possibly hinder her position on these committees?

59. The Committee Structure 1. Standing Committee: permanent; deals with specific policy matters; i.e. agriculture, energy 2. Select Committee: temporary; appointed for a specific purpose; i.e. Senate Watergate Committee 3. Joint Committee: includes members of both chambers; i.e. Joint Committee on Taxation 4. Conference Committee: temporary; includes members from both chambers; purpose is to resolve different versions of House/Senate bills

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61. Committees aka “Little Legislatures” * Before the entire chamber votes on a bill, the bill must make it through committee(s): *Committee Steps: 1. Bill is referred to committee - depends on type of bill 2. Bill put on committee calendar: - if bill not put on calendar, the bill dies! 3. Most bills go through subcommittees : - people testify for/against bill - Bills often “marked-up” 4. Back to the full committee: a. sometimes more hearings take place b. vote on bill and any amendments c. full committee votes for bill—if bill passes committee, the committee writes a report of the bill

62. Congressional Powers: Congress does more than making lawslaws

63. 63 The Powers Congress 1. Legislative Powers: Make lawsMake laws - enumerated; necessary & proper; denied 2. Non-legislative Powers: other duties - electoral: choosing president if nobody gets 270 electoral votes - amendment: propose amendments by 2/3 vote of each chamber - impeachment: House indicts, Senate is petit jury - investigation/oversight: (see next slide)

64. 64 The Congressional Process *Congressional Oversight: the ability for Congress to review and monitor the executive branch and its federal agencies - “inherent” power of all legislatures - General Accountability Office (GAO)GAO *Purpose of Oversight: - Compliance with legislative intent - program performance - improve efficiency/effectiveness of govt. operations - investigate wrongdoings, abuse, waste, dishonesty, fraud

65. The Powers of Congress –Enumerated powers (Article 1, Section 8) include: –Taxing, spending, borrowing, and coining –Regulation of foreign trade and trade among states (interstate commerce) –Regulation of the military (state militias, an army and navy, and authority to declare war) –Powers of the Senate –Constitutional Amendments –The Necessary and Proper Clause : allows Congress to make laws that are deemed to be necessary to carry out the expressed powers

66. How the Necessary & Proper Clause Functions? Article 1, Section 8 Power Necessary & Proper Clause (Article 1, Section 8) Legitimacy for Expanded National Government Power In order for the government to create a policy, there must be a Constitutional basis!

67. Example of Using Necessary & Proper Clause Article 1, Section 8 Power?? (What should go here?) Necessary & Proper Clause (Article 1, Section 8) Legitimacy for Expanded National Government Power What enumerated power in the Constitution would justify the national government mandating all Americans have health insurance? (multiple answers possible)

68. Reviewing Necessary & Proper Use

69. Denied Powers Definition: - Actions the govt. cannot do to you Examples: (1) Can ’ t deny the Writ of Habeas Corpus to a suspected criminal  the govt. must say tell a suspect why they are being held in jail Writ of Habeas Corpus (2) NO Bills of Attainder  Congress can ’ t make a law declaring a person guilty - defendant must have a fair trial (3) NO Ex Post Facto Laws  govt. can ’ t accuse you of a crime prior to that action being made illegal (example on next slide)

70. Ex Post Facto Law Explained Yesterday: You wore a striped shirt to school. Today: 1.The school bans striped shirts. 2. The school suspends you for wearing a striped shirt yesterday. * Explain how this example goes Against the Constitutional principle.

71. The Lawmaking Process: Politics, Compromise, and more Politics! Lawmaking

72. Comparing the House & Senate HOUSESENATE 435 members serving two-year terms100 members serving rotating six-year terms Speaker's referral of bills to committee is hard to challenge. Referral decisions easy to challenge. Committees almost always consider legislation first. Committee consideration easily bypassed. Rules Committee powerful; controls time of debate, admissibility of amendments. Rules Committee weak; few limits on debate or amendments. Debate usually limited to one hour.Unlimited debate unless shortened by unanimous consent or by invoking cloture. Non-germane amendments may not be introduced from floor. Non-germane amendments may be introduced (riders).

73. 73 The Congressional Process Legislation: – Bill : A proposed law – Anyone can draft a bill, but only members of Congress can introduce them – All spending measures must originate in the House of Representatives – More rules in the House than in the Senate – Party leaders play a vital role in steering bills through both houses, but less in the Senate – If bill doesn’t make it out committee, bill will die—unless a discharge petition is signed (only used in the House) Most bills die b/c they never make it out of committee – Countless influences on the legislative process Lobbyists, Interest Groups, Constituents, Elections

74. 74 Comparing the Textbook & Dynamic Lawmaking Process ExplainedExplained 5. Floor Action 1. Introduction 2. Committee 3. Subcommittee 4. Rules Committee 4. Floor Action 1. Introduction House/Senate Compromise Final House VoteFinal Senate Vote President’s Desk House Senate

75. If a bill passes each chamber…

76. 76 Legislative Tactics: This is Politics! * Logrolling: if you vote for my bill, I will vote for your bill (reciprocity) * Pork Barrel: “ pet projects ” for specific jurisdictions. EX: “ bridge to nowhere ” - Earmarks: last minute add-on to a bill that helps a specific group of people, usually done anonymouslyEarmarks * Filibuster: a maneuver that prevents a bill from being debated or voted upon (only happens in Senate) Filibuster - Cloture: a petition to end debate— need at least 60 senators to agree

77. Earmark Video ClipClip Video Questions: 1. Why do lawmakers like using ‘earmarks’? 2. What are the possible negative & positive consequences of lawmakers using ‘earmarks’? 3. Why can it sometimes be hard to track the inserting of ‘earmarks’? How has the tracking of ‘earmarks’ changed recently?

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79. 79 Legislative Tactics: This is Politics! *The Committee System: bills may die if committees fail to act or reject them - “Killing a Bill” or “Pigeonholing” * Amendments: additions/changes to bills - can be added in committee debate or floor debate * Riders: additional items added to a bill that usually have little/no relationship to the main purpose of the bill (Senate only) - bill with many riders = “Christmas Tree Bill” * The Germaneness Rules:  the House prohibits non-germane riders to be added during floor debate  the Senate traditionally does not allow non-germane riders during floor debate, though no rule prohibits their use

80. How Congress is connected to other parts of Government? White House US Supreme Court

81. 81 The Congressional Process Presidents and Congress: Partners and Adversaries –Presidents have many resources to influence Congress (often called the “Chief Legislator”) – Threats of vetoes can influence process –White House staff often lobbies Congress

82. 82 The Congressional Process Party, Constituency, and Ideology –Party Influence: Party leaders cannot force party members to vote a particular way, but many do vote along party lines Whips! Campaign Finance Committee assistance –Constituency versus Ideology: Most constituents are uninformed about their member trustee v. delegate… controversial issues bring lots of voices

83. 83 The Congressional Process Lobbyists and Interest Groups –There are several thousand lobbyists trying to influence Congress - the bigger the issue, the more lobbyists will be working on it –Lobbyists can be ignored, shunned and even regulated by Congress –A combination of lobbyists and others that influence members of Congress

84. 84 Conflict over “War Making Powers”War Making Powers 1. Look through the Constitution: A. Where does the Constitution mention Congress’s military powers? What are these powers? B. Where does the Constitution mention the President’s military powers? What are these powers? C. What are the provisions of the War Powers Act (1973)?