CHAPTER 6 LEARNING OBJECTIVES v Article I and

CHAPTER 6: LEARNING OBJECTIVES v Article I and the Creation of Congress v Assess the role of the U. S. Congress as the legislative branch of government, and how that role has evolved over time Copyright © 2012 Cengage Learning

CHAPTER 6: LEARNING OBJECTIVES v The Structure and Organization of Congress v Understand the structure and powers of Congress as defined by Article I of the Constitution v Appreciate the role that political parties play in the leadership of Congress v Identify key leadership positions and their functions in Congress v Explain reapportionment and redistricting Copyright © 2012 Cengage Learning

CHAPTER 6: LEARNING OBJECTIVES v The Committee System v Compare and contrast the different types of committees found in Congress v How a Bill Becomes a Law v Describe the various steps necessary for a bill to become a law Copyright © 2012 Cengage Learning

CHAPTER 6: LEARNING OBJECTIVES v Oversight and Personnel Functions of Congress v Explain why Congress often delegates its lawmaking authority to regulatory agencies v Learn the role of the Senate in confirming Presidential appointments v Describe the congressional procedures for impeachment and removal of executive and judicial officers Copyright © 2012 Cengage Learning

CHAPTER 6: LEARNING OBJECTIVES v Constituent Service: Helping People Back Home v Assess the “casework” functions of members of Congress in – v Assisting constituents v Educating them on policy issues, and v Performing other services on their behalf Copyright © 2012 Cengage Learning

HISTORICAL/CORBIS AP PHOTO/TOBY TALBOT Copyright © 2012 Cengage Learning

THE U. S. SENATE PLAYS THE ROLE OF DISLOYAL OPPOSITION: NOW & THEN v NOW … President George W. Bush arrived in office with both houses of Congress under Republican control v Changed when Senator Jim Jeffords (R-VT) left the party—control shifted v Immediately diminished Bush’s plans to secure appointments of multiple ideologically conservative federal judges Copyright © 2012 Cengage Learning

THEN… WOODROW WILSON v President Wilson worked to incorporate a proposed league of nations (precursor to the United Nations) into the Treaty of Versailles that ended WWI v But Wilson, a Democrat, wasn’t willing to seek advice from the Senate, especially after control of both houses of Congress went to the Republicans Copyright © 2012 Cengage Learning

THEN… WOODROW WILSON v Senate Majority Leader, Senator Henry Cabot Lodge and his Republican colleagues feared this would tie the hands of future Congresses over whether to enter international conflicts v The treaty would win approval only if Wilson accepted the “reservations”—a path that he refused to take Copyright © 2012 Cengage Learning

THE U. S. SENATE PLAYS THE ROLE OF DISLOYAL OPPOSITION: NOW & THEN v Lower court judicial nominations and international peace treaties were two very different issues at different times v But Senate resistance in opposing the president proved remarkably similar v Powerful Senators dug in, and used Senate procedures to their own benefit to frustrate the chief executive Copyright © 2012 Cengage Learning

DOUG MILLS/THE NEW YORK TIMES/REDUX PICTURES Senator Carl Levin (D-MI) grills executives from Goldman. Sachs during an April 2010 committee investigation of the firm’s investment practices prior to the collapse of the financial industry. Seated next to Levin is Senator Susan Collins (R-ME). Copyright © 2012 Cengage Learning

ARTICLE I AND THE CREATION OF CONGRESS v Congress has ultimate authority for enacting new laws v The Founders took considerable care in building this first branch v A congress had been a central feature in all attempts to organize the states— through and including the Constitutional Convention of 1787 Copyright © 2012 Cengage Learning

NEW YORK TIMES CO. /GETTY IMAGES Joseph Rainey of South Carolina was the first African American elected to Congress. He took office in 1870 and was reelected four times. Copyright © 2012 Cengage Learning NORTH WIND/NORTH WIND PICTURE ARCHIVES— ALL RIGHTS RESERVED. In 1916, Jeannette Rankin, a Republican from Montana, became the first woman elected to Congress. After one term in the House, she ran for the Senate and lost. She was reelected to the House in 1940. An ardent pacifist, she was the only member to vote against American entry into both World War I and World War II.

THE STRUCTURE AND ORGANIZATION OF CONGRESS v Bicameral legislature: v Two separate chambers, the Senate and the House of Representatives v The “Great Compromise”: v Equal state representation in the Senate, and representation based on population in the House Copyright © 2012 Cengage Learning

ARTICLE I AND THE CREATION OF CONGRESS v Nearly equal sharing of legislative power between the two chambers is significant v Many other nations in the world have bicameral legislatures, but the houses are rarely equal in power and usually do not share power Copyright © 2012 Cengage Learning

THE HOUSE OF REPRESENTATIVES: THE “PEOPLE’S HOUSE” v To ensure accountability to voters, their term of office is 2 years—keeping members constantly attentive to the currents of public opinion v Proportionality ensures that the House reflects the popular will v The first Congress included 65 members – capped at 435 in 1911 Copyright © 2012 Cengage Learning

THE HOUSE OF REPRESENTATIVES: THE “PEOPLE’S HOUSE” v Reapportionment: allocating house seats to each state after every 10 -year census v Congressional districts cannot cross state boundaries and the population of each must be as equal as possible v Currently—roughly 650, 000 people per district Copyright © 2012 Cengage Learning

THE HOUSE OF REPRESENTATIVES: THE “PEOPLE’S HOUSE” v Redistricting: states must redraw district lines to equalize their populations v “One man one vote” rule v Gerrymandering: drawing district boundaries to favor one party by optimizing the partisan characteristics of each district to their advantage Copyright © 2012 Cengage Learning

THE HOUSE OF REPRESENTATIVES: THE “PEOPLE’S HOUSE” v Qualifications: v Members must be at least 25 -years-old v Must have been a U. S. citizen for a minimum of seven years v Must establish residence in the state (though not necessarily the district) from which they are elected Copyright © 2012 Cengage Learning

AMERICAN GOVERNMENT… IN POPULAR PERSPECTIVE v CONFIDENCE IN CONGRESS: the following figure shows the Gallup Poll’s 2008 survey on confidence levels in a variety of institutions v Shows that confidence in Congress ranks the lowest v However, Americans tend to hold their own Congressmen in high regard Copyright © 2012 Cengage Learning

THE SENATE: A STABILIZING FACTOR v The Senate was intended to represent the states equally—each with 2 senators v Originally elected not by the people of the state, but by state legislatures v Seventeenth Amendment (1913): Senators elected directly by the people of the state they represented Copyright © 2012 Cengage Learning

THE SENATE: A STABILIZING FACTOR v Serve 6 -year staggered terms – v Every 2 years, 1/3 rd of the seats are up for re-election v In theory all of the seats in the House can change every other year, but the Senate may change by a maximum of 34 seats and is less prone to drastic changes in membership Copyright © 2012 Cengage Learning

THE SENATE: A STABILIZING FACTOR v Qualifications: v Must be at least 30 -years-old v Must be a citizen for at least 9 years v Must establish residency in the state he or she represents v Due to the smaller size, the Senate tends to be more civil, and camaraderie between individuals is more important Copyright © 2012 Cengage Learning

LEADERSHIP IN CONGRESS v Each chamber maintains its own leadership structure to work on bills, pass laws, and conduct its other business v The principal factor driving leadership in each chamber is the political party system, which is not mentioned in the U. S. Constitution Copyright © 2012 Cengage Learning

LEADERSHIP IN CONGRESS v Since 1851—the majority party in each house has been the Democratic or Republican Party v Majority caucus—party with a majority of seats v Minority caucus—party with a minority of seats Copyright © 2012 Cengage Learning

LEADERSHIP IN THE HOUSE OF REPRESENTATIVES v Speaker of the House: v Every 2 years, when a new Congress takes office, the House members vote to determine who will be the Speaker v In reality the choice is made by the political party that holds the majority of seats—meet prior to the vote and agree on their leader Copyright © 2012 Cengage Learning

LEADERSHIP IN THE HOUSE OF REPRESENTATIVES v The Speaker, as presiding officer, is the most powerful member of the House v Speaker Joe “Uncle Joe” Cannon (1903 – 11): Member over 50 years – v Arbitrarily recognized who could speak, measures passing the Rules Committee required his approval, and filled key committee posts with loyal members Copyright © 2012 Cengage Learning

LEADERSHIP IN THE HOUSE OF REPRESENTATIVES v The Speaker remains powerful today – 1. Responsible for assigning new bills to committees—can delay the assignment of a bill or assign it to a committee that is either friendly or hostile to its contents 2. Recognizes members to speak in the House chamber Copyright © 2012 Cengage Learning

LEADERSHIP IN THE HOUSE OF REPRESENTATIVES 1. The Speaker is the ultimate arbiter and interpreter of House rules 2. Appoints members to special committees, including conference committees 3. Influential in assigning members to particular permanent committees 4. Schedules votes on a bill Copyright © 2012 Cengage Learning

LEADERSHIP IN THE HOUSE OF REPRESENTATIVES v House majority leader and minority leader: oversee the development of their party platforms and are responsible for achieving party coherence in voting v Whips: contact members of their party caucus and try to convince them to vote the way their party leadership wants them to vote Copyright © 2012 Cengage Learning

LEADERSHIP IN THE SENATE v The vice president is the presiding officer—also holds the title of president of the Senate v Not a Senate member—cannot engage in floor debates, and has no legislative duties except casting a vote in the Senate in the event of a tie Copyright © 2012 Cengage Learning

LEADERSHIP IN THE SENATE v In practice, the vice president rarely presides over Senate sessions – v President pro tempore: By custom, the senator in the majority caucus serving the most consecutive years v With fewer rules and a greater culture of respect for members than the House, serves what is largely a ceremonial role Copyright © 2012 Cengage Learning

LEADERSHIP IN THE SENATE v The majority caucus elects a Senate majority leader, and the minority caucus a Senate minority leader – v Primary party spokespersons, lead their party caucuses in proposing new laws, chief architects of their party’s platform v Senate majority leader makes committee leadership assignments Copyright © 2012 Cengage Learning

LEADERSHIP IN THE SENATE v Senate majority and minority leaders are supported by majority and minority whips v Whips serve the same function as those in the House v Keep track of how caucus members are planning to vote and communicate the positions of party leaders on upcoming legislative votes Copyright © 2012 Cengage Learning

THE COMMITTEE SYSTEM v Four categories of work by members of Congress: 1. Running for re-election 2. Serving constituents 3. Working on legislation v Working on bills in committees v Voting on proposed bills 4. Providing oversight of federal agencies Copyright © 2012 Cengage Learning

THE COMMITTEE SYSTEM v Committee work includes: Generating ideas for new laws and debating the merits of those ideas v Holding hearings, conducting investigations, and listening to testimony v Offering modifications and additions to proposed bills, and giving advice v Oversight of federal agencies Copyright © 2012 Cengage Learning

THE COMMITTEE SYSTEM v Bill: a formally proposed piece of legislation – many are long documents with complex legal and technical information v Each member is assigned to a few committees and becomes an expert in the subject area of the committee v Subcommittees, provide even more specialization and division of labor Copyright © 2012 Cengage Learning

TYPES OF COMMITTEES IN CONGRESS v Standing committees: v Permanent committees in the House and Senate v Heart and soul of congressional organization since the early 1800 s v Reporting legislation: the House or Senate cannot vote on a bill unless the standing committee votes to approve it Copyright © 2012 Cengage Learning

TYPES OF COMMITTEES IN CONGRESS v Select committee: established to examine a particular issue of concern v Conference committee: House members and senators working together to iron out differences in the House and Senate versions of a bill v Joint committee: typically permanent, investigative, and focus on issues of general concern Copyright © 2012 Cengage Learning

LEADERSHIP OF CONGRESSIONAL COMMITTEES v All chairs are members of the majority caucus v Chairs have a great deal of power to determine what gets done and when it gets done v Decide amount of time spent on a bill; choose people who will testify; allocate time for testimony and discussion Copyright © 2012 Cengage Learning

PARTISAN NATURE OF THE COMMITTEE SYSTEM v To control the committee agenda and votes, the majority caucus ensures that all committees have a majority of members of their party v The majority caucus typically reserves a “supermajority” of seats on the most powerful committees, such as the Rules and Appropriations Committees Copyright © 2012 Cengage Learning

CONGRESSIONAL STAFFING v Three categories of congressional staff: 1. Personal staff 2. Congressional agencies: Office of Management and Budget; Government Accountability Office; Congressional Budget Office 3. Congressional committee staff Copyright © 2012 Cengage Learning

THOMAS MICHAEL CORCORAN/PHOTOEDIT The Library of Congress, Washington, DC. Copyright © 2012 Cengage Learning

HOW A BILL BECOMES A LAW v Step 1: A Bill Is Introduced v Step 2: The Bill Is Sent to a Standing Committee for Action v Step 3: The Bill Goes to the Full House and Senate for Consideration v Step 4: Conference Committee Action v Step 5: Presidential Action Copyright © 2012 Cengage Learning

OVERSIGHT AND PERSONNEL FUNCTIONS OF CONGRESS v Congressional Oversight: v Congress often delegates more specific legislative authority to the executive branch – has resources and expertise to make more technical policy decisions v Monitors the activities of agencies and administrators through congressional oversight Copyright © 2012 Cengage Learning

YOUR PERSPECTIVE… ON CONGRESS v Many college students seek Congressional internships v See first hand how Congress works, gain valuable experience, and prepare for a possible government jobs v Websites about internship opportunities: v mhttp: //dc. about. com/od/jobs/a/Internships. htm; http: //www. twc. edu; http: //www. cbo. gov/employment/intern. cfm Copyright © 2012 Cengage Learning

CONFIRMATION OF PRESIDENTIAL NOMINATIONS AND APPROVAL OF TREATIES v The Senate plays a pivotal role in the selection of cabinet officers, other agency and executive branch heads, federal judges, and foreign ambassadors v The president nominates individuals for these posts, but the Senate must consent with a majority vote in favor of the candidate Copyright © 2012 Cengage Learning

CONFIRMATION OF PRESIDENTIAL NOMINATIONS AND APPROVAL OF TREATIES v When no candidate receives a majority of electoral votes, the House chooses the president and the Senate chooses the vice president v The 25 th Amendment—a vacancy in the vice presidency is filled by presidential nomination, subject to approval of both the House and Senate by majority vote Copyright © 2012 Cengage Learning

CONFIRMATION OF PRESIDENTIAL NOMINATIONS AND APPROVAL OF TREATIES v Approval of a treaty requires consent of two-thirds of the Senate v The Senate has rejected a treaty only 21 times in U. S. history v More recently, the House plays an important role because most treaties involve financial issues which require House approval Copyright © 2012 Cengage Learning

IMPEACHMENT AND REMOVAL OF FEDERAL JUDGES AND HIGH EXECUTIVES v Congress has authority to impeach and remove federal judges, cabinet officers, the president, the vice president, and other civil officers v Removal requires impeachment from the House and a trial in the Senate v Impeachment: House brings charges against a federal official via majority vote Copyright © 2012 Cengage Learning

IMPEACHMENT AND REMOVAL OF FEDERAL JUDGES AND HIGH EXECUTIVES v Trial in the Senate: House members known as “managers” act as prosecutors v If it doesn’t involve the president or vice president, usually a Senate committee is designated to receive evidence and question witnesses v Removal requires a two-thirds vote of the full senate Copyright © 2012 Cengage Learning

CONSTITUENT SERVICE: HELPING PEOPLE BACK HOME v Casework: direct assistance provided to a constituent, community group, or a local or state official v Examples: Providing information about federal programs and obtaining benefits from federal programs v Preparing a visit with a community group about legislation or policy issues Copyright © 2012 Cengage Learning

IMPORTANCE OF CASEWORK v Raises visibility of members in their home state or district v Helps constituents navigate the complex federal bureaucracy v Provides a direct connection between members and their constituents v Pork-barrel legislation: federal funds supporting local/state/district projects Copyright © 2012 Cengage Learning

NOW & THEN: MAKING THE CONNECTION v What does the Senate’s resistance to Wilson’s Treaty of Versailles, and to G. W. Bush’s judicial nominations demonstrate regarding Congress? v Congress’ actions are slow and deliberate; the process may be halted at many points, and many actors have the capacity to hinder progress, also… Copyright © 2012 Cengage Learning

NOW & THEN: MAKING THE CONNECTION v The compromises necessary to achieve success in Congress rarely prove entirely satisfactory to everyone involved v Both conflicts highlight the power of individual actors in the political process v Those with special communication skills enjoy more power, as do those who are highly informed on a particular issue Copyright © 2012 Cengage Learning

POLITICS INTERACTIVE! v REPLACING MEMBERS OF THE U. S. SENATE: SPECIAL ELECTIONS OR GUBERNATORIAL APPOINTMENT? v This is determined by state law v Democratic Senator Ted Kennedy of Massachusetts passed away in 2009 v Massachusetts law required a special election within 145 -160 days Copyright © 2012 Cengage Learning

POLITICS INTERACTIVE! v 2004—the Democratic majority in the Massachusetts legislature withdrew then-governor Republican Mitt Romney’s authority to fill a vacancy v Anticipated that Senator John Kerry might win the 2004 presidential election v Kennedy strongly encouraged the Democrats to override Romney’s veto of that change, and they did Copyright © 2012 Cengage Learning 60

POLITICS INTERACTIVE! v 7 days before his death, Senator Kennedy was again lobbying the Massachusetts legislature – v With health care reform in question, Kennedy urged yet another change – v Allowing the Democratic governor Deval Patrick to make a temporary appointment prior to the special election Copyright © 2012 Cengage Learning 61

POLITICS INTERACTIVE! v The legislature posthumously approved Kennedy’s request—Patrick appointed long-time Kennedy aide Paul Kirk v Temporarily protected the Democrats’ veto-proof majority until the January special election v Ironically—Republican Scott Brown won that special election—eliminating the veto-proof majority again Copyright © 2012 Cengage Learning 62

POLITICS INTERACTIVE! v Changes in the Massachusetts laws are not the only examples of political gamesmanship in state legislatures v Should the U. S. Constitution be amended to standardize the manner in which interim vacancies are filled, thus removing political considerations from the process? Copyright © 2012 Cengage Learning 63

MATTHEW HEALEY/UPI/LANDOV Copyright © 2012 Cengage Learning Newly elected U. S. Senator Scott Brown

POLITICS INTERACTIVE! v Find the politics interactive link on www. cengage. com/dautrich/america ngovernment/2 e for details on filling vacated Senate seats v Consult the various links that relate to the process of filling vacated Senate seats across the 50 states, as well as historical, popular, and global perspectives on the topic Copyright © 2012 Cengage Learning