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Chapter 8 (Congress) I. Powers of Congress (i. e. “C”) A. Constitutional Powers • Chapter 8 (Congress) I. Powers of Congress (i. e. “C”) A. Constitutional Powers • Powers of House Only – (1) Originate Tax/Spend Bills (2) Bring impeachment charges. • Powers of Senate Only – (1) Advise and consent to (ratify) treaties (2) Confirm appointments to federal judiciary, ambassadors, cabinet, and high executive agency chiefs (3) Try impeachments. B. Institutional Conflict: Constitutionally, C could exert considerable power over the other two branches. Yet, “over the long term, national leadership and policy initiative have tended to shift from Congress to the president. ”-Dye.

C. Dividing Congressional Power: House and Senate (Fig. 8. 1) 1. Bicameral legislature: A C. Dividing Congressional Power: House and Senate (Fig. 8. 1) 1. Bicameral legislature: A legislature that consists of two separate bodies. • House of Representatives (435 members who serve 2 -year terms) • Senate (100 members who serve 6 -year terms. Senate elections are staggered so that 1/3 of senators are elected every 2 years) • Both houses must pass identical bills before it goes to Pres. D. Domestic versus Foreign and Defensive Policy – C is more powerful in domestic than in international affairs. It usually follows the President’s wishes with respect to foreign policy. Only C can “declare war, ” and they have done so only 5 times.

E. The Power of the Purse – C’s constitutional and exclusive power to authorize E. The Power of the Purse – C’s constitutional and exclusive power to authorize federal expenditures (both foreign and domestic) is very important. F. Oversight of the Bureaucracy – C and Congressional oversight committees oversee the functions of government agencies (again, attention to compliance is necessary since C controls the budget) G. Agenda Setting and Media Attention – Through Congressional Hearings and Congressional Investigations, C can set the agenda for the media (i. e. anti-Clinton group, incumbency advantage: more appearances, popularity for policies favored by Congress)

II. Congressional Apportionment and Redistricting *“Representatives…shall be apportioned among the several states…according to their II. Congressional Apportionment and Redistricting *“Representatives…shall be apportioned among the several states…according to their respective Numbers. ” • Congress determines the size of the House (not Constitution like with the Senate). In 1910 C fixes the size of the House to 435. A. Apportionment (p. 248): The formula used was created in 1929 and considers a state’s % of population represented by 435 positions. B. Malapportionment: This occurs when a district is over or under represented in terms of population (e. g. In 1962, GA had two districts with large population disparities; 272, 154 – rural and 823, 860 – urban)

C. Supreme Court: The S. C. intervened in 1962 (Baker v. Carr). They ruled C. Supreme Court: The S. C. intervened in 1962 (Baker v. Carr). They ruled that severe malapportionment violates the Equal Protection Clause. One person’s vote must roughly equal anothers. D. Redistricting – Drawing of legislative district boundaries following each census. State legislatures draw these and they must pass both houses of the State legislature as well as receive the governors; signature. E. Gerrymandering (Fig. 8. 2) – Drawing lines in such a way as to gain political advantages. Parties controlling state legislatures typically engage in this. The court has generally not stopped this practice, but if “a voter’s or a group of voters’ influence on the political process” is consistently degraded, the court has used language allowing for judicial intervention. • splintering: creating districts with very low concentrations of a particular voting population (e. g. minorities) • packing: creating districts with a very high concentration of a certain voting population

F. Racial Gerrymandering – Drawing lines to render a minority’s voting influence worthless violates F. Racial Gerrymandering – Drawing lines to render a minority’s voting influence worthless violates both the equal protection clause and the Voting Rights Act of 1965. The VRA requires that states with a history of racial gerrymandering and voting discrimination have their district lines approved by the federal justice department. • After 1982, the motivation to racially discriminate was no longer the only requirement. Instead, state legislatures must redistrict their states as to maximize minority representation in Congress and state legislatures (create “majority-minority” districts). The Court has begun to consider both affirmative and negative racial gerrymandering unconstitutional.

III. Getting to Capitol Hill A. Who runs for Congress? – They typically come III. Getting to Capitol Hill A. Who runs for Congress? – They typically come from law, business, or public service. More and more, members of Congress are career politicians, in the sense that they decided early in life to pursue political offices. B. Competition for Seats – Careerism is aided by the incumbency advantages. House: 90%; Senate: 85%; State Legislators: 90% • Safe Seat – district where incumbent typically wins by over 60% (70% of all incumbents). 10 -18% face no challenger. • Open Seat – No incumbent running in a district (10% of seats). C. Turnover – Change in membership. Recently, it has been high. It usually results from retirement or resignation or reapportionment (loss of seat), not electoral defeat.

D. Congressional Electorate – These elections rarely arouse much voter interest (60% can name D. Congressional Electorate – These elections rarely arouse much voter interest (60% can name one Senator from their state; 40% can name both; less than half can name their Rep). Voter turnout for off-year elections (when the president is not elected) is about 35%. E. Congressional Campaign Financing – • The candidate with the most money wins 90% of the time. • This fact and huge advertised campaign chests serve to deter challengers. F. Independence of Congressional Voting – Voters quite often vote for different parties with respect to the president and Congress.

G. Democratic Dominance of Congress (40 years, 1954 -1994) 1. Why? Theories: Unintentional • G. Democratic Dominance of Congress (40 years, 1954 -1994) 1. Why? Theories: Unintentional • Party Theory - Dems more committed to winning and staying in office than Reps. • Incumbency Theory-When elections modernized (candidate centered, campaign finance) the Dems were incumbents. Intentional • Local elections and concerns theory – voters favor Republican goals on national issues (security, lower taxes, less spending overall); but they favor more Democratic ideas locally (gov’t programs and “pork”) • Party Balance – moderate voters in the center intentionally vote for different parties in order to balance public policy. 2. Ended with GOP takeover in 1994; today, Congress is more evenly split than ever.

IV. Life in Congress A. “Representativeness” of Congress (Fig. 8. 7) • Black membership IV. Life in Congress A. “Representativeness” of Congress (Fig. 8. 7) • Black membership in Congress grew from one (1891 -1955) to 9% of the House today. Blacks are 12% of the population; these representatives mostly come from “majority-minority” districts. • Hispanics (12% pop) makeup 5% of the House and there is was Native American (Ben Nighthorse Campbell switched in 1995 from D to Rep). • Women have made significant gains at least in the House especially in 1992 “the year of the woman. ” There are 9 women senators and 60 Reps. *Why so few women?

B. Congressional Staff (25, 000 people). Each rep has about 20. Each senator has B. Congressional Staff (25, 000 people). Each rep has about 20. Each senator has between 30 -50 (depends on state size). Each Rep gets about $500, 000 a year in expense funds and Senators get $2, 000. Total expense spending for Congressmen = more than $2 BILLION. C. Workload (Day in the life of a Congressman) • 12 -15 hour days (2 -3 in committee; 2 -3 on floor; 3 -4 meeting with people; 2 -3 attending meetings or events or conferences). • May introduce 10 -50 bills in one session (convenes in January following a congressional election and extends for 2 years until after next one) • Vote 900 -1, 000 times a session

D. Pay and Perks • 1998 – House pay = $154, 000 (27 amendment, D. Pay and Perks • 1998 – House pay = $154, 000 (27 amendment, 203 years old, was ratified in 1992. Requires a House election to intervene before pay hikes begin) • “Other perks include, travel and office expenses, free congressional health club, free medical clinic, free parking, free video studios for making selfpromotional tapes, free mailing privileges, and a subsidized dining room, gift shop, and barbershop. ” V. Home Style (activities members direct toward constituents at home) • Case work – services performed by members on behalf of individual constituents. (lost Social Security checks, information on a bill or vote, IRS problems…). About 100 cases per week per House office and 300 per Senate office.

 • Pork Barrel – “bring home the bacon”: legislation or government programs, funds, • Pork Barrel – “bring home the bacon”: legislation or government programs, funds, or “goodies” flow to particular districts. • Pressing the Flesh – be seen at home, often. Congress usually follows a Tuesday-to. Thursday schedule to help each other out. • Puffing Images – Members use franking privileges to enhance their image through mail, newsletters, and other materials. They also use the Congressional television studios to send to local stations and all have webpages. VI. Organizing Congress: Party and Leadership Fig. 8. 8. C is organized around party leaders. This is different from before the 1970 s when C was managed by the most senior members. A. House: Majority Party elects the “Speaker” and he/she assigns bills to committees.

B. Senate: Parties elect “Leaders” (majority/minority) who formulate the party’s legislative agenda (and set B. Senate: Parties elect “Leaders” (majority/minority) who formulate the party’s legislative agenda (and set vote schedule for majority party). The “President” of the Senate is the Vice President of the U. S, but he/she delegates that responsibility to the president pro tempore. VP’s do cast tie breaking votes. VI. Committees • Standing Committees – permanent committees that specialize in a particular are of legislation. Majority party has a majority in every committee. About 9, 000 bills are introduced every year so these committees are important for screening. • Subcommittees – committees under the supervision of a larger committee charged with considering specific pieces of legislation • Committee Membership- assignments are very important to members (capacity to bring home bacon and deliver on campaign promises). These assignments are determined by party leadership.

 • Chairs – though elected, senior members typically enjoy priority over junior members • Chairs – though elected, senior members typically enjoy priority over junior members when it comes to chairmanships. Of course, the majority party will be the chair first. • Most bills “die” in committee (voted down or simply ignored). The only way to force a floor vote on a bill opposed by a committee is to get a majority (218) of House members to sign a discharge petition. The Senate needs a majority vote as well, but senators can amend a bill any way they wish (no need to do this). VII. On the Floor (**Know** - “How bill becomes Law” Fig. 8. 9) A. House Rules Committee – a bill must pass through the rules committee in order to reach the floor. • Closed Rule – rule that forbids adding any amendments to a bill on floor (15%). • Restricted Rule – rule that permits only certain amendments (15% • Open Rule – rule that permits unlimited amendments on floor (70%).

B. Senate Floor Traditions • Unanimous consent agreements – negotiated by Senate leaders; specifies B. Senate Floor Traditions • Unanimous consent agreements – negotiated by Senate leaders; specifies when a bill will be taken up on the floor, what amendments to consider, and when a vote will occur. • Filibuster – using the Senate’s unlimited debate rule to prevent a vote on a bill. • Cloture – Vote to end debate (stop a filibuster), requires 3/5’s (60) vote of entire Senate. • Rider – amendment to a bill that is not relevant to the bill. C. Floor Voting • Amending a bill to death (i. e. Killer Amendments), then claim support • Voice Votes - not a recorded vote. • Roll-Call Vote – recorded votes by individual

D. Conference Committees – Constitution requires that both Houses pass identical bills. Similar bills D. Conference Committees – Constitution requires that both Houses pass identical bills. Similar bills with different wording passed by each house can be assigned to CC’s in order to created one compromise bill to be voted on in each house. IX. Explaining Votes in Congress A. Party Voting – Majority of Dems voting in opposition to a majority of Reps (recently over 60% of the votes). B. Party unity – percentage of Dems and Reps who stick with their party’s position on a bill/vote (recently, over 80%). C. Presidential Support or Opposition – Presidential proposals enjoy great support from members of their own party. Why? President has access to media, veto power, and bureaucratic supervision.

D. Constituency Influence – Members must pay attention to opinions of their voters (perhaps D. Constituency Influence – Members must pay attention to opinions of their voters (perhaps even when they disagree with it). What about rational ignorance? E. Interest-Group Influence – IG’s have especial influence over the details of bills. They provide MCs policy expertise and campaign support. F. Personal Values • Trustees – Legislators who feel that they should have discretion over decision making. • Delegates – Legislators who feel that they should vote in accordance with their constituents. X. Customs and Norms • Civility • Specialization and Deference (i. e. Dr. Bill Frist-TN) • Logrolling – “If you vote for my bill [pork], I’ll vote for yours. ”

XI. Congressional Ethics • Ethics Rules • Expulsion (2/3 s vote) – i. e. XI. Congressional Ethics • Ethics Rules • Expulsion (2/3 s vote) – i. e. 7 members in 1980 • Censure – “stand in the well”; 2 members in 1983

Chapter 11 (The President) I. Presidential Power A. Symbolic President – The ultimate symbol Chapter 11 (The President) I. Presidential Power A. Symbolic President – The ultimate symbol of American Politics (more media coverage than anyone else. B. Managing Crises – It seems that the American public looks to the president for comfort and security during times of crisis (Reagan and the Challenger; FDR and great depression). C. Providing Policy Leadership – Most policy initiatives originate in the executive branch. Also, he/she will mobilize political support, rally public opinion, lobby members of Congress, use veto threats, and so on. D. Managing the Economy – They are held responsible (Hoover 1932; Ford 1976; Carter 1980, Bush 1992) E. Managing the Government – (2. 8 million bureaucrats); president is ultimately responsible for policy implementation/execution. F. Global President – The “voice” for the U. S. internationally is the president. President orders troops to their deaths; Presidents control nuclear buttons.

II. Constitutional Powers of the President A. Who? • Natural Born citizen • 35 II. Constitutional Powers of the President A. Who? • Natural Born citizen • 35 years old or older • resident of U. S. for at least 14 years • 1951: Can serve no more than 2 terms according to the 22 amendment (or one full term if a vp must complete more than two years of a previous pres) B. Presidential Succession • Disability? - 25 th amendment (1967) states that the president will be replaced if the VP and a majority of the cabinet write Congress of the president’s incapacity to govern. The President can appeal formally and resume powers if the VP and a majority of the cabinet can’t maintain sufficient opposition formally within 4 days. Congress can decide to replace him after the final formal declaration if 2/3 s of the houses agree within 21 days to remove him.

C. Impeachment • House brings charges (articles of impeachment). • Senate must try the C. Impeachment • House brings charges (articles of impeachment). • Senate must try the impeachment. 2/3 s members • Chief Justice presides over trial D. Presidential Pardons – he can pardon anyone for any reason. E. Executive Power • Taft’s restrictive view - the president ought not act unless specifically authorized by the Constitution or Congress. • Roosevelt’s expansive view – the President can act in any way that is not specifically restricted to him by Congress or the Constitution. • Lincoln’s conditional view – the president is restricted to specific authorizations UNLESS he is presiding during a period of national crisis.

F. Examples of expansive presidential view: • Jefferson and the Louisiana Purchase • Lincoln F. Examples of expansive presidential view: • Jefferson and the Louisiana Purchase • Lincoln and the blockade, martial law, Emancipation Proclamation. “Was it possible to lose the nation yet preserve the Constitution? ” • FDR and the incarceration of Japanese citizens subsequent to Pearl Harbor and closing banks G. Checking Presidential Power • Truman seized and operated U. S. steel mills during a 1952 strike. Supreme Court returned them to their owners stating that there was a Congressional remedy for the situation (Taft-Hartley Act of 1947).

H. Executive Privilege • Self-declared Pres right to withhold executive branch communications. Congress has H. Executive Privilege • Self-declared Pres right to withhold executive branch communications. Congress has never recognized it as a right. The Supreme Court has largely stayed out of the dispute, but has ruled that the President enjoys no such privilege during a criminal investigation. I. Presidential Impoundment - Impoundment is when a President refuses to spend money appropriated by Congress. The Budget and Impoundment Control Act (1974) requires that a President must spend all of the money unless he/she can convince Congress of a list of items to be postponed or cancelled. J. Congressional Tilt - Congress generally gets the last word according to the Constitution. “Congress is constitutionally positioned to dominate American government. But it is the president who politically dominates the nation’s public affairs. ”

III. Political Resources of the President A. Presidential Popularity (Fig. 9. 1; 9. 2 III. Political Resources of the President A. Presidential Popularity (Fig. 9. 1; 9. 2 ns) • scandals • recessions (Bush @ 37% from 89% at the end of the Gulf War) • War gone bad B. Access to Media (unlimited/immediate) • call press conferences and speak to the nation to mobilize support IV. Chief Executive (weakened President) • Constitutional executive - Congress is heavily involved the President’s business through appropriating and overseeing executive agencies. • Executive Orders – must be based upon Constitutional law or Congressional laws. President’s typically issue 50 -100 a year. (i. e. 1948 Truman desegregated the military).

 • • • Appointments – Of the 2. 8 million civilian employees, the • • • Appointments – Of the 2. 8 million civilian employees, the President appoints 3, 000. Several of these must be confirmed by the Senate. Congress has established the tenure of many agency chiefs. The President has a difficult time removing them. Budget – The Office of Management and Budget assists the President with preparing an annual budget to be considered by Congress (C has the C Budget Office). He appoints three professional economists of high standing to the Council of Economic Advisers. Federal Reserve - The President appoints the members of the Federal Reserve Board. Cabinet – heads of executive departments. Rarely meets as a body to advise the president (Table 9. 2 list) National Security Council – (P, VP, Sec St, Sec Def, DCI, Chair of Joint Chiefs, CIA director) the “inner cabinet” responsible for advising the president on defense and intelligence related policy. White House Staff – advise the president, monitor agency operations, set presidential schedule (travel, meetings, speeches), protect and defend the president.

V. Chief Legislator and Lobbyist • Policy Initiation – The president’s legislative agenda is V. Chief Legislator and Lobbyist • Policy Initiation – The president’s legislative agenda is usually given priority for congressional consideration. • White House Lobbying – White House lobbyists are charged with pushing the president’s proposals through committees, floor votes, and both houses. The president may use political threats or deals to twist the arms of members (electoral support, White House event invitations, agency “pork”…). • Honeymoon Period – Early period during a presidents term in which the president is most likely to be, given his national popularity, successful in Congress (Reagan’s largest tax cut, 1981). • Presidential success - the level of success the president enjoys is conditioned mostly by his popularity and especially party control of C.

 • Veto Power – Just the threat of a veto can be used • Veto Power – Just the threat of a veto can be used strategically. If the president takes NO action in 10 after passage, the bill becomes law anyway. If Congress has adjourned within 10 days of passage and the president does not sign it, the bill is considered “pocket” vetoed. An override requires 2/3 s vote in both houses. 96% of vetoes hold. VI. Global Leader – based upon the president’s power to persuade. • Foreign Policy – The power of the president to grant diplomatic recognition to nations (international legitimacy) is supremely important. Nations tenaciously seek this because of its advantages in terms of diplomacy, trade, foreign aid, and strategic significance. • Treaties – The president makes and signs international treaties with approval of 2/3 s of the Senate. • Executive Agreements – Less formal and less binding than treaties but used by president’s because they are more easily executed than treaties (no Senate approval).

 • Intelligence (Fig. 9. 5 ns) – The Director of Central Intelligence is • Intelligence (Fig. 9. 5 ns) – The Director of Central Intelligence is appointed by the president (approved by Senate). He coordinates the CIA, NSA and the National Reconnaissance Office, Nat’l Geo-Spacial Agency as well as the activities of intelligence departments within the Dept. of Defense. The CIA is responsible for covert actions which support U. S. interests (e. g. , transfers of economic aid and military equipment to pro. U. S. forces). VII. Commander-in-Chief A. President war-making power is expansive. Why? B. War Powers Act (1973) – Congress tried to limit presidential warmaking powers at the end of the Vietnam War. Four Provisions: President can commit troops without declaration ONLY: • to repel or prevent an “imminent” threat of attack • President must report the military commitment promptly to Congress • U. S. involvement must be no longer than 60 days without declaration or other authorizing legislation. • Congress can end a presidential commitment without the president’s signature.

C. Presidential Noncompliance – Presidents have often ignored this Act for two reasons: 1. C. Presidential Noncompliance – Presidents have often ignored this Act for two reasons: 1. Constitutional Concerns 2. Popular Support of Presidential Actions VIII. The Vice President • Political Selection Process – VP’s are typically chosen to “balance” a president geographically or ideologically. *Examples: Reagan (conservative) chose his opponent Bush (moderate) • Bush (moderate) chose Quayle (conservative) • Dukakis (liberal, New England) chose Bentson (conservative, Texas) • Clinton (poor military appeal) chose Gore (military service) • Failure = Goldwater chose Miller. Both really conservative. • Gore (tied to Clinton) chose Lieberman (considered moral and religious) • Bush (perception of inexperience/ability) and Cheney (experience and intelligence)

 • Bush, Jr. chose Cheney. They are both conservatives. Mistake? • Vice Presidential • Bush, Jr. chose Cheney. They are both conservatives. Mistake? • Vice Presidential Roles – officially, VP’s preside over the senate (which they seldom do) and cast tie votes there. Perhaps the VP is better useful to launch political attacks on the presidents enemies and/or campaign and raise money for the president. Perhaps, and especially thanks to Gore, the VP is becoming the Senior Advisor to the president. • Waiting Game – VP’s typically do what is necessary to position themselves for a run at the top job. Yet, out of 47 former VP’s through 2000, 9 were elected president (only one sitting VP has won election this 20 th century; 4 overall).