CONGRES

S

Overview of Congress

Bicameralism = Two houses

House of Reps = closer to people• Elected by the people• Smaller districts• 2 year term • Entire body elected every 2 years• Revenue bills must originate in the house

Overview of Congress

Bicameralism = Two houses

Senate designed to be removed from the people

• Originally elected by state legislatures• Elected on an at large basis• 6 year terms• 1/3 up for election every 2 years =

more continuity and stability

Overview of CongressHouse of Representatives

Size• Determined by congress (435 since 1911)• Elected by districts• Population of state determines # of Reps (increase in Sun

Belts decrease in Frost Belt)

Fixed terms• Two years/ entire body up for re-election• Term limits ruled unconstitutional in US Term Limits v.

Thornton (added a qualification)• Qualifications• 25 years old, citizen for 7 years, residency in state

Overview of CongressSenateSize: 100 members Fixed Term: 6 yearsQualifications: 30 years old, citizen for 9 years, resident of state

HouseAt least 25 years of age.A citizen of the United States for at least seven years prior to election.A resident of the state he or she is chosen to represent.

Ohio’s 10th

Dennis Kucinich (move on soon?)

Wife=Elizabeth

Overview of Congress

The Perks of the JobMembers set own salary (27th amendment = raise takes effect next term)

More Perks: travel allowance, staff, office space, franking privilege, insuranceLegislative immunity—civil lawsuitsCannot be arrested or detained while going to or from a session of Congress

Leadership in Congress- HouseSpeaker of the House- John

Boehner1. Presides over House2. Appoints select and

conference committees3. Appoints Rules

Committee members and Chair

4. Assigns Bills to committees

5. Third in line for Presidency

Leadership in Congress- House

Majority Leader- Eric Cantor

1. Partisan Position- chosen by party members

2. Floor leader/ legislative strategist

3. Minority leader- John Boehner

Leadership in Congress- HouseMajority Whip- Kevin McCarthy1. Assistant floor leader2. Inform leaders on mood of

the House3. Keep count on important

votes4. Persuade party members to

vote with party5. Minority whip = Steny

Hoyer

Leadership in Congress- Senate

VP- Joe Biden1. President of the Senate2. Presides over Senate3. Votes in case of a tie4. Ceremonial Job

Leadership in Congress- SenatePresident Pro Tempore-

Daniel InouyeCustom—longest Serving Senator1. Ceremonial Job2. Presides in Absence of the VP1. Third in line for the

presidency

Leadership in Congress- SenateMajority Leader- Harry Reid1. True leader in Senate2. Recognized first for all

debates3. Leads majority party4. Influences committee

assignments5. Influences agenda with

Minority leader (Mitch McConnell) Senate

minority leader: Mitch McConnell

Leadership in Congress- Senate

Minority Leader and party whips function the same as they do in the House

Minority Whip Jon Kyl

Party Committees- House and SenateAssigning Party Members to Standing Committees1. Democrats use the Steering Committee2. Republicans Use the Committee on Committees

Functions: assign legislators to Committees, advise party leaders

Committees• Core of Congress where bills are considered

• Committees allow members to specialize in policy areas and become experts

• Congressional division of labor achieved through committees• Committee chairs act as "gatekeepers“

• Standing committees have fixed membership, officers, rules, staff, and offices• Majority party sets rules and chooses officers• Majority party always has most committee members• Jurisdiction is defined by subject matter of legislation

Committees

• Committee functions:• Handle legislation• Conduct investigation of exec. Branch on an as-needed

basis• Conduct oversight of exec. Branch agencies on an ongoing

basis.

Darrell Issa—House Oversight and Govt. Reform

Committees• Selection of members:

• Importance of getting on the right committee (where you can best represent your constituents)

• Assigned by Steering committee or Committee on Committees• Party with majority in Congress has majority of seats on

committee• Selection of Committee chairs

• Secret ballot in party caucus or conference of leaders.• Seniority rule generally followed.• Advantages of seniority rules: experience, stability, expertise.• Disadvantages of seniority rules: conservative bias/status quo,

rural bias (why would this be the case?)

Committees

• Standing committees are the permanent committees of Congress. They have both legislative and oversight powers.

• House Standing:• Rules (most powerful of all)• Ways and means (deals with tax bills)• Appropriations (spending)• Budget• Armed Services

Committees

• Standing committees are the permanent committees of Congress. They have both legislative and oversight powers.

• Senate Standing:• Finance (tax bills)• Appropriations (spending)• Budget• Foreign Relations (prestigious) Treaty and ambassador work• Judiciary: screen judicial nominees

Committees

• Conference committees:• Temporary committees comprised of members of both

houses• Develop compromise language for a bill when versions

differ• After conference committee sends bill back - no

amendments are allowed and bill is generally passed• “Third House of Congress”

Other Committees• Select: temporary purpose in House• Joint: Both houses for temporary purpose

Committees- examples• Committee on judiciary checks Justice Department• Committee on commerce checks Commerce Department• Committee on national security checks Defense

Department• 95 percent of the 10,000 bills introduced die in

committee• Committee chair is from majority party

• Schedules hearings• Selects subcommittee members• Appoints committee staff

Evolution of Congress

• CENTRALIZATION1. Strong central leadership2. Restrictions on debate3. Few opportunities to stall4. Minimal committee

interference5. Streamlined legislative

process6. Minimal public scrutiny

• DECENTRALIZATION1. Weak leadership2. Few restrictions on

debate3. Stalling tactics4. Powerful committees5. Complicated legislative

process6. Close public scrutiny

How should Congress do its job?Conflict over Distribution of Power over time

Evolution of Congress

Founders Intentions

•Feared excessive power in single institution•Fear of Mob rule•Concern about manner of representation•Belief that Congress would be dominant branch of government

Evolution of Congress

EXAMPLE: Conflict over Distribution of Power

A. 1889-1910 Strong Centralization in the House

1. Speaker Thomas Reed had strong powers including:- making committee

assignments- Appointing committee

chairs- Chairing the Rules

committee2. Joseph “Uncle Joe” Cannon

continued Reed’s centralization

Joe Cannon

Evolution of Congress

Conflict over Distribution of PowerB. Decentralization in the HouseC. 1910 Revolt against Joe:

- Speaker could no longer make committee assignments- Speaker could no longer appoint chairs- Speaker lost position on Rules Committee- Move towards decentralization- Individuals voted without fear of Speaker- Rules committee gained more power- Committee Chairmen gained power

Evolution of Congress

Conflict over Distribution of PowerB. Decentralization in the House

3. Decentralization in the 1970s - Individual members gained more power- More subcommittees- Power of subcommittee chairs rose (committee chair power declined)- More staff members- Reduction in the seniority system

Evolution of CongressConflict over Distribution of Power

Developments in the Senate1. More naturally decentralized

- Fewer members- no Speaker- lack a strong Rules Committee

2. Democratization of the Senate with passage of 17th amendment (1913)

3. Concern over length of floor debates- Use of filibuster- Cloture vote (3/5 of senators can move to end debate)

Evolution of CongressRecent Developments

104th Congress in 1994: Contract with America—the rise of Newt Gingrich and Tom De Lay

Incumbency

• Reelection rate in House 90%• Reelection rate in Senate 80%• Relatively few seats are seriously contested• “Permanent Congress”• Election of 1994 (104th) more a call against Dems

than incumbents…same goes for ‘06 and Reps• But… retirements open up a lot of seats each year

IncumbencySpecific Advantages• Franking privilege—free mail, whoopee• Staffers• Patronage• Name recognition• Casework• Money, esp. from PACs

Incumbency

Special Advantage: GerrymanderingReapportionment: Redistribution of 435 seats in the House on the basis of changes in the state populations.

a. Reps per state determined by pop.b. Census conducted every 10 yrs.c. Census shows populations changes

and seats are allotted based upon new numbers

Incumbency

Special Advantage: GerrymanderingRedistricting: When seats change, district boundaries must change.

a.Party controlling state legislature redraws district boundaries.

b. Gerrymandering = redrawing boundaries to favor party in power

Incumbency

Special Advantage: GerrymanderingOrigins of term:19th century Governor Elbridge Gerry redrew lines himself with some having such strange shapes, they looked like salamanders.

Party in Power keeps power by:• “Packing”- concentrate opposition population in

few districts• “Cracking”- Disperse opp. Party throughout state

to dilute their impact

IncumbencySpecial Advantage: GerrymanderingEffects of Gerrymandering1. Party in power, STAYS in power2. Safe seats are created3. Odd-shaped districts4. “Majority-Minority” districts created by racial

gerrymandering

IncumbencyRedistricting Requirements:1. Districts must be as near equal in population as possible

a. Baker v. Carr, 1962 “one man, one vote” principle applied to state leg districts to correct overrepresentation of rural areas.

b. Wesberry v. Sanders 1964 applied principle to House districts2. District lines must be contiguous3. Racial gerrymandering is prohibited (Shaw v. Reno,

1993). Race may not be the primary factor in drawing district lines (Miller v. Johnson, 1995)

Gerrymandering

Gerrymandering