Congress. WHY WAS CONGRESS CREATED? Fear of strong executive Bicameralism – House - directly elected by people; represent the masses Lower chamber – Senate

CongressCongress

WHY WAS CONGRESS WHY WAS CONGRESS CREATED?CREATED?

Fear of strong executiveBicameralism

– House - directly elected by people; represent the masses

Lower chamber

– Senate - elected by state legislatures until 1913 (17th amendment); elite in society

Upper chamber

AMENDMENTSAMENDMENTS

17th amendment– Direct election of Senators– Prior - elected by state legislatures

20th amendment– Senators and representatives take office JAN. 3rd

27th amendment– Prohibits salary increase until after next election

North Dakota RepsNorth Dakota Reps

Earl Pomeroy = HouseByron Dorgan = SenateKent Conrad = Senate

The Representatives and The Representatives and SenatorsSenators

The Job– Salary of $158,100 with retirement benefits– Office space in D.C. and at home and staff to

fill it.– Travel allowances and franking privileges.– Often requires 10 to 14 hour days, lots of time

away from the family, and lots of pressure from different people to “do the right thing.”



110 U.S. Congress110 U.S. Congress

House 2007 Senate 2007

Democrats

232

Democrats

49

Republicans

201

Republicans

48

Vacant

2

Vacant

1

Non-voter

5

Independent

2

Figure 12.1

Congressional ElectionsCongressional Elections

Who Wins Elections?– Incumbent: Those already holding office.


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: federal projects, grants, etc. made available in a

congressional district or state.


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. Does PAC money “buy” votes in Congress?

Fund Raising & ElectionFund Raising & Election

Senate - $4.7 mill ($16 million in New Jersey in 1997)

House - $675,000Need party nomination (direct primary

election)Presidential “coattails”Incumbent advantage

– 90% in House– 75% in Senate

Who's Raised the Most OpenSecrets.url


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.YouTube - AC 360 washington sex scandal. DC madam's little black book.url

Public Funding of Presidential Elections Brochure.url


Open Seats– Greater likelihood of competition.

Stability and Change– Incumbents provide stability in Congress.– Change in Congress occurs less frequently

through elections.– Are term limits an answer?

http--www.metacrawler.com-clickserver-_iceUrlFlag=1rawURL=http--webstream.idahoptv.org8080-ramgen-debates-2002-termlimits.rm&0=&1=0&4=72.53.194.53&5=165.234.100.1&9=4beb357429d8409fabb6a5ec10d1c801&.url

REPRESENTATION AND REPRESENTATION AND APPORTIONMENTAPPORTIONMENT

Apportionment - population of each state determines the number of representatives to which each state in entitled

Census Article I, Section 2 of Constitution # set in house at 435 (state gain population thus representation,

other states lose) Census Briefs http://www.census.gov/prod/2001pubs/c2kbr01-7.pdf Lessons Using Census 2000 Data

nd.gov Official Portal for North Dakota State Government.url

Redistricting - setting up new district lines after apportionment– Baker v. Carr (1962) - federal courts could

decide conflicts over drawing district boundaries

– Wesberry v. Sanders (1964) - “one person, one vote”

District = 575,000

How many districts in N.D.– 47 districts

cbs5.com - Video Library.url

nd.gov Official Portal for North Dakota State Government.url

Gerrymandering = political party that has the majority in a state legislature draws a district boundaries to gain an advantage in elections– Elbridge Gerry, a Democratic Republican governor of

Massachusetts Signed a redistricting plan that gave his party a big political

advantage over the Federalists

Types of gerrymandering:– Cracking– Packing

YouTube - Gerrymandering Newt Gingrich at GenerationEngage.url

DIFFERENCES BETWEEN THE DIFFERENCES BETWEEN THE HOUSE AND SENATEHOUSE AND SENATE

HOUSE– Larger (435)– Shorter term (2 yrs)– Younger (25 yrs)– Less flexible rules (650 pages)– Smaller constituencies

SENATE– Smaller (100)– Longer term (6 yrs)– Older (30 yrs)– More flexible rules (90 pages; filibuster, cloture)– Larger constituencies

HOUSE– Power less evenly distributed (powerful leadership and

committees)– Less prestige– Less media– Policy specialists (know a lot about a few areas)– More committees– Act more quickly (rules of debate, time limits)

SENATE– Power more evenly distributed (power widely shared)– More prestige– More press– Policy generalists (know some about many areas)– Fewer committees– Act more slowly

From Table 12.3

How Congress is Organized to How Congress is Organized to Make PolicyMake Policy

The House– 435 members, 2 year

terms of office.– Initiates all revenue

bills, more influential on budget.

– House Rules Committee

– Limited debates.

The Senate– 100 members, 6 year

terms of office.– Gives “advice &

consent”, more influential on foreign affairs.

– Unlimited debates. (filibuster)

American Bicameralism–Bicameral: Legislature divided into two houses.


The House– Lead by Speaker of the

House - elected by House members.

– Presides over House.– Major role in

committee assignments and legislation.

– Assisted by majority leader and whips.

The Senate– Formerly lead by Vice

President.– Really lead by

Majority Leader- chosen by party members.

– Assisted by whips.– Must work with

Minority leader.

Congressional Leadership

WHY IS THE HOUSE AND WHY IS THE HOUSE AND SENATE SO DIFFERENT?SENATE SO DIFFERENT?

James Madison “divide the legislature into different branches…” this would help by pitting the desires of one house against the other– Read Federalist 51

Legislative PowersLegislative Powers

Enumerated powers (expressed)– Itemized in Constitution– Article I Section 8

Elastic powers – All laws that are “necessary and proper”– McCulloch v. Maryland (1819)

1. Taxing and Spending– Revenue bills (originate in house)– Appropriations– Used to expand powers

DUI @ .08 = transportation $ Tobacco tax @ $1.10 to discourage use

2. Other Money PowersSecurities

Power to coin money & regulate value Laws concerning bankruptcy

3. Foreign Policy Powers– Declare war (only 6X)– Create an maintain army, navy– Regulate foreign commerce– War Powers Act

4. Commerce Clause– Gibbons v. Ogden– Heart of Atlanta Motel v. US

Non-Legislative PowersNon-Legislative Powers

1. Power to Choose a president through a joint session of Congress - electoral votes

2. Removal PowerImpeachment - formal accusation of misconduct in office (House)Trial and conviction (senate, 2/3 vote)

3. Confirmation power (senate 2/3 vote)4. Ratification power (senate 2/3 vote)5. Amendment power6. proposed by 2/3 vote of both houses7. or8. proposed by 2/3 of state legislatures9. Providing for Nation’s Growth

NaturalizationAdmittance of new states/territories

10. Copyrights and patents11. Establish post office & federal courts

Powers Denied to CongressPowers Denied to Congress

1. Bill of Rights

2. Article I, section 91. Titles of nobility

2. Direct taxes (except income tax, amen 16)

3. Taxing exports

Power to Investigate Power to Investigate (non-(non-Constitutional)Constitutional)

1. Investigative Process• Committee work• Consequences

• New legislation

• Indictment of individuals

• Loss of govn’t contracts

• Damage of innocent people

Congressional Powers & Witness Rights– subpoena witnesses– require witness to testify– immunity

Legislative Oversight Legislative Oversight (non-(non-Constitutional)Constitutional)

1. Power to Check on executive branch• Legislative Reorganization Act (1946)• Reorganization Act of 1970

2. Limits• Size & complexity of gov• Not many votes gained (unless media)• Unclear objectives• Committees favor agencies they oversee

Congressional Limits on Congressional Limits on Executive AgenciesExecutive Agencies

1. Exec agencies must submit report to Congress

2. Exec agency work is studied

3. Congress appropriates $

4. Legislative veto


The Committees and Subcommittees– Four types of committees:

Standing committees: subject matter committees handle different policy areas.

Joint committees: few policy areas- made up of House & Senate members.

Conference committees: resolve differences in House and Senate bills.

Select committees: created for a specific purpose.


The Committees and Subcommittees– The Committees at Work: Legislation and

Oversight Committees work on the 11,000 bills every session. Some hold hearings and “mark up” meetings. Oversight involves hearings and other methods of

checking the actions of the executive branch. As the size of government grows, oversight grows

too.


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.


The Committees and Subcommittees– Getting Ahead on the Committee: Chairs and

the Seniority System. The chair 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.


Caucuses: The Informal Organization of Congress– Caucus: A group of members of Congress

sharing some interest or characteristic.– Caucuses pressure for committee meetings and

hearings and for votes on bills.– Caucuses can be more effective than lobbyists.


Congressional Staff– Personal staff: Work for the member. Mainly

providing constituent service, but help with legislation too.

– Committee staff: organize hearings, research & write legislation, target of lobbyists.

– Staff Agencies: CRS, GAO, CBO provide specific information to Congress.

PARTY LEADERSHIPPARTY LEADERSHIP

Article 1, Section 2– “House of Representatives shall choose their

Speaker and other Officers”Article 1, Section 3

– “The Vice President of the US shall be President of the Senate, but shall have no vote, unless they be equally divided. The Senate shall choose their other officers, and also a President Pro Tempore…”

HouseHouse

Speaker of the House - most powerful member; from majority party– Democrat Nancy Pelosi

House Majority Leader - second in line in majority party– Democrat Steny Hoyer

House Minority Leader - leader of minority party– Republican John Boehner

House Whips

MySpaceTV Videos Saturday Night Live - Nancy Pelosi by Saturday Night Live.url

SenateSenate

President of Senate - VP of US– Republican Dick Cheney

President Pro Tempore - member with longest continuous service; majority party

Majority Floor Leader - most powerful Senator– Democrat Harry Reid

Minority Floor Leader - leader of minority party– Republican Mitch McConnell

Senate Whips

Congressional Support AgenciesCongressional Support Agencies

Library of Congress– One of largest libraries– Administrator of copyright law– Congressional Research Service (CRS)– Library of Congress Home Page

Congressional Budget Office– Coordinate budget work of Congress– Study budget proposals– Make cost projections– Congressional Budget Office Home Page

General Accounting Office (GAO)– Nations watchdog over spending of funds

Congress appropriates– The United States General Accounting Office

Government Printing Office (GPO)– All govn’t publications– Congressional Record

The Congressional ProcessThe Congressional Process

Legislation:– Bill: A proposed law.– Anyone can draft a bill, but only members of

Congress can introduce them.– 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.– Countless influences on the legislative process.

BILLSBILLS

Proposed law10,000/10%Long, complicated process to becoming a

bill– Most get stuck in

committee work

Presidential Action on BillsPresidential Action on Bills

Sign in to law

Veto - deny passage (Congress can override veto with a 2/3 vote)

Pocket veto - refuse to act on a bill– Last 10 days Congress is in session

Taxing and SpendingTaxing and Spending

All money bills start in the House of Rep.Authorization bill - sets up federal program

and authorizes actionAppropriations bill - provides $ to carry out

laws Congress has passedEntitlements - social programs that continue

from one year to the next (ie. Social Security)

Helping ConstituentsHelping Constituents

CaseworkGovn’t contractsPork Barrel Legislation -public works bills

– Post office, dams, military bases, highways, veterans hospitals, mass-transit

– “pork barrel” = federal treasury– Fat piece of “pork” = local project

The Congressional ProcessThe Congressional Process How a Bill Becomes a Law (Figure 12.2)


Presidents and Congress: Partners and Protagonists– Presidents have many resources to influence

Congress (often called the “Chief Legislator”). – In order to “win” in Congress, the president

must win several battles in each house.– Presidential leadership of Congress is at the

margins and is most effective as a facilitator.


Party, Constituency, and Ideology– Party Influence: Party leaders cannot force

party members to vote a particular way, but many do vote along party lines.

– Constituency versus Ideology: Most constituents are uninformed about their member. It is difficult for constituents to influence their member, but on controversial issues members can not ignore constituents.


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.

– Ultimately, it is a combination of lobbyists and others that influence members of Congress.

Understanding CongressUnderstanding Congress

Congress and Democracy– Leadership and committee assignments are not

representative. – Congress does try to respond to what the people

want, but some argue it could do a better job.– Members of Congress are responsive to the

people, if the people make clear what they want.


Congress and Democracy– Representation versus Effectiveness

Congress is responsive to so many interests that policy is uncoordinated, fragmented, and decentralized.

Congress is so representative that it is incapable of taking decisive action to deal with difficult problems.

Defenders argue because Congress is decentralized, there is no oligarchy to prevent comprehensive action.


Congress and the Scope of Government– The more policies Congress works on, the more

ways they can serve their constituencies.– The more programs that get created, the bigger

government gets.– Everybody wants government programs cut,

just not their programs.

Documents

Congress. WHY WAS CONGRESS CREATED? Fear of strong executive Bicameralism – House - directly elected by people; represent the masses Lower chamber – Senate