IV Congress — the First House — Art

IV. Congress -- the First House -- Art. 1 IV. Congress + Budget 1

A. The Independent Politician 1. Congresspersons (represent themselves and/or constituents. . . not political parties (although it does help to have party support) a. They do NOT have to support the “gov’t” in power. . . they are “separate”, but equal partners in the political system. b. A vote against the Gov’t, does not bring about a collapse of gov’t, i. e. GB, Italy, France, Germany. US Gov’t continues day to day operations even w/ gridlock. . . c. Pol parties do NOT control nominations for office, so they cannot control. . . how a legislator votes on legislation. IV. Congress + Budget 2

d. Congr powers Powers: initiate, modify, approve or reject legislation in a variety of political arenas, + they share supervision of administrative agencies. . . a legislator role is two fold: Represent and Act! 1) build consensus among legislators + constituents. 2) educate 3) oversees bureaucracies 4) investigates 5) Hse-initiates $$$ bills; Senate-confirms, ratifies executive decisions 6) Art. 1 sect 8, clauses 1 -17 expressed powers; clause 18 Necessary + proper clause - implied powers (raise troops) IV. Congress + Budget 3

7. Supreme Ct cases + Congr power: a) Mc. Cullogh v. Maryland necessary + proper clause-gave Congress power to run federal bank. b) Gibbons v. Ogden Commerce Clause - states can’t interfere w/ Congr attempt to regulate interstate commerce! led to civil rights legislation in the 1960’s. 8. Both Houses are distinct bodies. IV. Congress + Budget 4

House-Senate differences Hse Senate Constitutional requirements Committee Assignments (1) Specialists (2+) generalists Leadership authority Seldom challenged Often challenged Committee Responsibility Very Important Often overlooked “Rules” supreme “Rules” weak Open Forums Limited Encouraged Amendments- Earmarks Specific topics only Nongermane IV. Congress + Budget 5

e. Benefits: 1) Salary $165, 000+ per year. 2) Generous retirement benefits 3) two offices; DC + Home district 4) staff members 5) “political junkets” 6) Franking privileges 7) assorted perks; no petty misdemeanors IV. Congress + Budget 6

B. Congress has evolved over time: 1. Bicameral resolution solved “states” issue of sovereigny + size. 2. Early 1800’s House nominated early presidents. . . very stout institution. 3. Civil War House became divided. Even attempted impeachment w/o success. 4. Late 1800’s- strong speaker’s took over. 5. Early 1900’s revolt vs. tyrannical speakers. Standing committee chairpersons (based on seniority) became dominant. IV. Congress + Budget 7

6. Civil Rights movement of 50’s + 60’s ended seniority preferences. Party Caucus’ chose committee chairprsns. Hse was ineffective 7. 90’s Speaker became forceful leader. i. e. Newt Gingrich. Republicans controlled both houses until 2000. and now it’s the Democrats turn. 8. Senate - Who will select? 1 st state legislatures picked Senators until 1913. 9. Filibuster- Control the debate to stifle a vote. . . Only “Cloture” (60 senators) can agree to cut-off a debate! IV. Congress + Budget 8

C. Members of Congress 109 th Congress H of R US Senate H of R Sen H of R US 233 55 110 th Congress 202 49 111 th Congress 201 44 1 1 233 49 2(D) 178 41 112 th Congress 242 47 113 th Congress 234 53 IV. Congress + Budget 257 57 2(ID) 191 51 2? 2 (ID) 200 45 1? 2 ID w/D 9

1. Constitutional requirements Age Citizen Residency Native Born Members Occupation Womn (111) AA Hisp Asian HSE Senate 25 (56) 30 7 9 (State) State No No 435 Business 175 Law 152 77 42 25 7 100 Law 54 Business 26 17 1 3 2 IV. Congress + Budget (63) 10

2. Since both houses possess decentralized power bases, Congress persons engage in Substantive representation. . . representing interests of groups. 3. Congressional goal- Get elected-- Stay elected! a. Incumbency- I’m in, now get me out. As party partisanship increases. . . legislators bear more of the burden to getting re-elected. And they stay a long time. . a career undertaking. b. Safe districts prevail- 90% of reps in the 1980’s got re-elected by 60% of the vote. 50% for senators. Marginal districts claim only 55% or less of the votes. In 2004 election, 90% of incumbents got re-elected. In ’ 06 – 20 Republicans lost Hse seats, six lost Sen seats. It was worse for Dems in 2010, over 60 in Hse. IV. Congress + Budget 11

c. Incumbent’s invincibility 1) + visibility -- contacting the constituents. . . somehow i. e. travel home, franking, getting on the news 2) + credit claiming- Casework (helping out constituents to the vast porkbarrel (getting a chunk of that $1. 9 trillion and bringing it home to mama. Why did Brainerd get a by-pass? 3) position taking - meeting roll call votes. 4) weak opponents - who lack the cash flow. opponents miss out on #1 + #2 above IV. Congress + Budget 12

d. Party ID still a factor. (1) Voters do “oust” the bums which is what occurred in ‘ 94 when Republicans took over the Congr. Dems lost 52 House seats because of internal bickering, sex scandals, House banking scandal etc. The voters vented. . . As they did in ’ 06 + 08 + 2010! Were these realignments? (2) Incumbents become vulnerable when districts are re-apportioned (a) gerrymandering - drawing districts to favor one party over another. State issue. OR http: //www. redistrictinggame. org 1) To avoid gerrymandering: (a) Population is = for each district. (b) Boundaries are straight lines (c) District is contiguous. (d) Be wary of packing + Cracking 3. Re-alignments 2006, IV. Congress + Budget 2010 13

(b) Majority-Minority districts gives minorities advantage in electing minorities. Buttttt. . . Shaw v. Reno however, Supreme Ct claimed re-districting in North Carolina was unconstitutional because it violated whites equal protection under the law. . . the BIG question. . . do non-minority reps adequately represent minorities? IV. Congress + Budget 14

E. What influences successful passage of legislation? 1. Appeasing the “Chief Legislator 2. Party influence – It used to be. . 50% of the time legislators will vote party line; . . Hse partisanship is stronger than the Senate. Partisanship rules today. . Now 80 -90%. 3. Constituency support - legislators are seen as “trustees” and instructed delegates = politicos, but do voters know how their legislators vote? Can they control legislators? Only “sharp” issues are publicized. 4. SIGS + lobbyists - Been restricted by Congress in reporting who they represent and how much they spend. . . but still a formidable adversary or supporter in influencing legislation. IV. Congress + Budget 15

d. Congressional elections cost money 1) Individuals fund the majority of elections. PACS fund about 30%, ($5, 000 per candidate) seeking access B 4 and after elections. e. Would term limits “even” the playing field. U. S. Term Limits, Inc. et al. v. Thornton et al. Supreme Ct ruled state imposed terms were unconstitutional. Uncle Jay video IV. Congress + Budget 16

F. Making Policy A collection of generalists making policy on specific topics. If one needs to know how to vote on a bill. . . ask a committee person for advice 1. House - Protecting the Masses. a) House Rules Committee - traffic cop- controls the flow of bills - establishes a “rule” for each bill which schedules it. b) Leadership (1) Speaker – John Boehner - only office mandated by the Constitution - Party caucus selected – ((a)) Presides over the House; Prez succession – 3 rd ((b)) Committee assignments influence ((c)) appoints Rules Committee members ((d)) Influences bill assignments to Committee IV. Congress + Budget 17

(2) Majority leader - (Rep Cantor) also rounds up the votes, sets calendar ((a))influence Committee assignments ((b)) Influences bill assignments to Committee (3) Whips - Gets out the party vote. . . (4) Minority party leader – Rep Pelosi Republicans filled that role from 1945 -1994 IV. Congress + Budget 18

2. Senate - Protecting the Elites a. leadership 1) Vice President - President of the Sen but he can break a tie vote. . . and it happens 2) Majority Leader - selected by party caucus – Sen Reid. - Influences committee assignments - + chairpersons. 3)Minority Leader – Sen Mc. Connel tries to keep the rank in file under control IV. Congress + Budget 19

3. Committees legislation and Oversight a. Standing Committees (see chart) separate subject matter committees b Joint Committees - Hse + senate share membership i. e. taxation c. Conference committees - Two bills need one explanation- Both houses compromise here. d. select committees - for specific reason e. Assignments - Rep = two com; 4 subcom Senate - three com; 7 subcom IV. Congress + Budget 20

f. committees also perform oversight if and when a bill ever becomes law. g. Committee chairpersons - Seniority prevails but majority caucuses now can choose chairpersons. h. Caucuses v. party leadershiplegislators ban together under ideological flag: Black caucus, prolife, pro-choice, gun control (1) six types: breakfast to regional IV. Congress + Budget 21

G. How a bill becomes a law 1. 2. a. b. (1) (2) (3) Bill Intro: You, legislator, president, bureaucracy. . . finds a legislator to introduce it -- drafted in precise legal language. 10, 000 are initiated each session. Types of bills Public v. Private ( the nation v. Individual or places Resolutions Joint- force of law. . . special needs or temporary issues- Constitutional amendments, fix a bad law Concurrent – No force of law, no prez signature Hse + Sen act jointly. Congr making a statement like supporting Iraq endeavor. Simple resolution: Either body can adopt. . . can IV. Congress even be a rider to a bill. + Budget 22

Bill to Law – pg 376 3. Speaker or Sen Maj leader titles it + numbers it. Be It Enacted. . . 4. Off to Committee action a. subcommittee-schedule hearings, Revise it, approve it, kill it b. committee- schedules hearings, Revise it, approve it, kill it School Hse Rocks video IV. Congress + Budget 23

c. Hse - Rules committee - Schedules Hse rules for floor action 1) closed rule - limits debate, amendments 2) open rule - amendments allowed 3) restrictive rule - selective amendments 4) A discharge petition can avoid “Rules”. Speaker can initiate 5) Suspend the “Rules”. . . To floor for vote. d. Senate - Leadership schedules debate. Amendments are open for any cause. IV. Congress + Budget 24

5. Floor action Amendments can be added a. Committee of the Whole (100 or more members) can debate bills. No “riders” can be added. . . b. Quorum call - 218 House members needed to vote. . . majority passes legislation c. Senate can add “riders” to legislation 6. If Senate and/or Hse disagree - Conference committee 7. Full Hse + Full Senate vote on conference committee version -- NO amendments can be added. . . roll call vote 8. To President for signature or his veto which then MUST be overrided by 2/3 vote in both Hse + Senate. It could take up to seven years for a non-monetary bill to become law 9. What are 15 ways to “Kill a Bill”? 25 IV. Congress + Budget 25

H. The Federal $$$$ Tree. . . 1. Managing the Federal coffers. . . The President advises, Congress delegates, somewhat harmoniously. Key questions: a. Who bears the burden of paying for gov’t? b. Who receives the benefits? c. ALSO How does one maintain prosperity (public inspired or private? ) d. AND WILL Gov’t continue to fund all those GREAT programs? e. Agenda setting? Prez + Congress have plans. IV. Congress + Budget 26

2. Budget a. Gov’t collects $$$ by taxes and spends it via expenditures. If tax allocations are higher. . . it’s a surplus (it happened in ‘ 99, why? economic surge really helped; Should we give it all back? ? ? ). . . b. if expenses are higher. . . it’s a deficit (80’s it happened all the time), which is then added to the national debt, c. a $10 trillion dollar shortfall. . . of which 10% of the current budget pays JUST the INTEREST. Public. Debt. Treas. Gov/opd IV. Congress + Budget 27

d. Fed Income sources: Income tax - 16 th Amendment power to tax people via the IRS - 50% (a) Direct taxes. . . one who is taxed pays the tax. Must be equally apportioned. ((1))Progressive taxes – Higher incomes pay more supposedly ((a))Flat tax. . . set a rate. . . all pay the same rate w/o tax loopholes like deductions. ((2))Regressive taxes. . . levied at a flat rate. . . sales taxes (b) Indirect taxes - One who is taxed can shift that burden to another. ((1)) Excise taxes – sale or consumption of a product. . . sin taxes>> booze, tobacco. NOTE: No export taxes (1) IV. Congress + Budget 28

More Fed income sources. (2) Corporate tax- 10% (3) Social Insurance - FICA - 33%. What type of tax is Social Security? ANs: Regressive. (4) Borrowing - Debt load - shifts burden to future tax payers. Provokes thoughts of a “balanced budget amendment” w/ certain provisions. Its now heading to $16. 4 T (5) Lost income- Fed tax “loopholes” the Grand DEDUCTION: -- Tax BREAKS! TAX Expenditures IV. Congress + Budget 29

e. Federal Expenditures (1) Social Service state- (income security costs for the elderly, the poor, and the needy- Social Security Act 1935, Medicare 1965, 1/3 of federal budget. (a) Q- Will Social Security be available for you? 2042 it runs dry. Medicare is in the red in 2022. (1) How SS works. . . (2) Issue – Too much going out, not enough going in. (3) The Fix. IV. Congress + Budget 30

Other Gov’t expenditures (2) National Defense (3) Interest on the Debt (4) DISCRETIONARY SPENDING. “The bridge to nowhere… Pell mell grants for students. . . building a fence to block illegal immigrants. . . (5) Some programs are funded annually. . . some have time limits established so programs can be re-evaluated. Sunset legislation. IV. Congress + Budget 31

a. 6. Sequestration Once upon a time the Prez + Congress came to an agreement about spending too much money. . . In exchange for extending the debt limit to $16. 4 trillion, Congr + the Prez agreed to designing a budget ORRRR ALL discretionary funding would be CUT by approximately 10% per year = sequestration. . . A deal must occur by March 1, 2013 or ELSE. IV. Congress + Budget 32

b. Congr Republicans want to tighten loopholes and reduce deductions. C. Both want to CUT spending. . . They just can’t agree on what. e. And entitlements (SS + Medicare) need fixing or both could go broke. . . Medicare in 12 years, SS in 20 yrs. f. Prez won on his agenda. . . Many Rep Congr have stated they won’t raise taxes unless some major cuts are made except in defense. Dems want Def cuts. IV. Congress + Budget 33

g. Q’s: 1) Will achieving sequestration send us into another economic downturn? 2) What programs will get hammered? 3) Does raising taxes affect econ growth? h. Another debt limit extensions are due also by March 1. Should the Prez handle this himself or should Congress fight it out? IV. Congress + Budget 34

f. The budget process-(1)Controlled Expenditures- incrementalism - Increase last years budget by an “increment” to satisfy this years budget. These are DISCRETIONARY allocations. (2) Uncontrollable expenditures - 2/3 of the budget (a) Entitlements - You qualify, you get them, no matter what the cost to the gov’t, even if all the funds are depleted. . . if you run out, the gov’t will cover it. . . X = level of benefits times Y = number of recipients Stossel Medicare VG IV. Congress + Budget 35

So how much is $3. 5 Trillion? If I. . a. Flushed down the $1000 every second, of every minute, of every hour, of every day of every month, of every yr for 30 yrs = b. OR. . . $1 = 1 second; $1 M = 12 days; $1 B = 32 yrs; $1 T = 32, ooo yrs. What does that look like? Search a Trillion dollars? IV. Congress + Budget 36

(3) Annually. . . the budget battle. . . All the political elites have a stake in this battle. . . and $3. 2+ trillion draws a lot of participants. These are all discretionary decisions: (a) SIGS (b) Bureaucratic agencies. . . (c) OMB - President’s budgetary arm (d) The PREZ (e) CBO + Congressional Budget committee (f) Subject matter committees, i. e. Ag, Sci (g) Appropriations committees (h) Congress as a whole (i) GAO - bean counters (j) Partisan politics. Parties care. . . IV. Congress + Budget 37

(4) Budget Reform. Instead of just thinking we will only spend so much, Congress has established reforms to improve the process --1974 Budget Act (a) Fixed budget calendar (Oct 1 -Sept 31) (b) budget committee (c) CBO (d) 1974 Reforms - budget resolution established in April sets the bottom line ((1)) budget reconcialition- change appropriations to reflect proposed savings ((2)) authorization bill sets program spending limits. IV. Congress + Budget 38

((3)) Appropriations bill - funds programs based on an authorization bill. Can’t go higher, but can give lower amounts. There are currently 13 appropriation bills. ((4)) If Congr does not meet Oct. 1 deadline for new budget for the new fiscal year. . . ? Congress passes weekly resolutions to keep gov’t going. ((5)) More reforms followed in 1990’s with Gramm Rudman Act - Balanced budgets will prevail. ((a)) Didn’t work - Instead - Discretionary spending - One area increases, another area must go down. ((b) Political battles ensued as gov’t became divided with a Republican Congress tangling with a Democrat President in the 90’s. This is called: Divided gov’t IV. Congress + Budget 39

Budget websites Cato’s http: //www. downsizinggovernment. org/ http: //whatwepayfor. com IV. Congress + Budget 40

d. economic theories abound. . . Monetarism – Friedman: thinks too much money chasing too few goods creates inflation ( the pox of capitalism) Gov’t then cuts amount of $$$ creating a recession. How: FED increases interest rates! GOAL: steady money supply growth w/ equal growth of economy. Free market principles. (2) Keynesianism - Gov’t role is to find the right level of demand. Inspire demand w/ expenditures, or cut it with higher taxes. Goal: Gov’t is central fixture. (1) (3) Price + Wage controls (Galbraith) Govt manages industries with fiscal and monetary policies that protect industries, i. e. Goal: bailouts or subsidies impact market. (4) Supply side - cut taxes, less gov’t. Workers will invest and the economy will soa. R! More business, more tax revenue! Goal: Little Gov’t, less taxes will inspire private sector to move on its own. . . Friedman part II. IV. Congress + Budget 41

e. How will it play out. . . The Executive branch administers policy. . . Congress foots the bill. . . a somewhat harmonious relationship. IV. Congress + Budget 42

I. Social (Welfare > Education)Policy Define – The gov’t provides assistance + support to specific groups of people. 2. VERY controversial issue. . . and the program it supports. . . And also very confusing. . . On who “qualifies” for this assistance. T/F: the gov’t gives more money to “nonpoor” than it does to the poor. TRUE: only 17% goes to “poor”. . . 1. IV. Congress + Budget 43

3. Poverty designations Poverty Line: $19, 000 income for family of four. b. 1 in 9 Americans = 30 million c. 10 million children or 1 of 5 kids d. Most prevalent are female-headed households (single parent) The Feminization of poverty. . . Female headed families five times as likely a. IV. Congress + Budget 44

e. 1 of 9 urban dwellers live in poverty 1 of 7 rural dwellers. Burbs see poverty as the “other” USA. f. 1 of 10 caucasians; 2 of 10 AA + Hispanics g. 7% of full time workers don’t reach poverty line ($6 per hour, 40 hour work week = $12, 000) h. Circumstances may dictate status instead of choice. Lost job, catastrophic illness, divorce, death of wage earner. Staying above the poverty threshold is fluid. IV. Congress + Budget 45

Gee. How does one get there? Income distribution = Sharing of the wealth 1) 20% of pop acquired 3. 6% income 20% of pop acquired 50% of income Bill Gates’ income = 40% of America’s income Americans are humanitarian, but not egalitarian 2) Income buys Wealth – stuff or assets. IV. Congress + Budget 46

3). Social welfare programs Transfer payments: Benefits given by the gov’t to individuals 1) Cash pay outs –i. e. Social security payments; Entitlements- also referred to as social insurance programs- you pay, you play! Also Unemployment Insurance 2) In-kind transfers – food stamps, low a. interest college loans. IV. Congress + Budget 47

3 b. Public Assistance Progams Funded by tax revenues and available only to the “needy” through a “means test”= One must prove they need “welfare”. a) TANF (Temporary Assistance for Needy Families (formerly AFDC) that was put in place by the 1996 Welfare to Work Act 1)) Five year welfare status. 2))Must find work w/in two years 3)) unmarried teen mothers must stay in school and live w/ parent or guardian 4)) Mothers must ID deliquent fathers 1) IV. Congress + Budget 48

4. Public perception of welfare a. Which program does the public view more favorably: Public assistance or in-kind transfers Ans: In-kind tranfer programs are entitled because you pay into it. Public assistance is often viewed as “throwing $$$ at a problem, not necessarily fixing the problem. With current state funding crises, many states are even mean testing Medicare programs although Obamacare should fit that. IV. Congress + Budget 49

6. Combatting the welfare malaise Enforcement is difficult w/ the caseload and the thought of reducing gov’t costs. b. Education. . . the Horatio Alger approach of bettering oneself through school is a popular. . . and expensive notion. Fact: the quality of education depends significantly on the wealth of the community in which a child resides. a. IV. Congress + Budget 50

c. US spends more on all levels of public education than any other country. d. US promotes “standardized” education. e. Equal opportunity prevails f. US leads the world in college educated. More colleges in California than in Europe. g. BUT test scores in sci +math fall way below international standards. 1) Violence in schools is rising 2) Drug abuse is prevalent IV. Congress + Budget 51

h. Largest state budget allocation is education. . . but Nevada ranks in the low 40’s in “quality of education” issues. i. Parents want results: 1) School choice. . . let schools compete 2) Voucher system: Zelman v. Simmons-Harris (02) Court ruled states can give parents vouchers for prvt access to schools. IV. Congress + Budget 52

j. Federal assistance Morril Act, gave public lands to colleges for new campuses. 2) Pell grants to fund education 3) GI Bill – 1943 to send vets to college. 4) NCLB – Fed funding for establishing higher standards. No improvement, students can move and funding will follow. Students will perform in reading + math by 2013. 5) Can public schools be held accountable. Do schools mirror society? 1) IV. Congress + Budget 53

Practice essay #1 1. Identify and explain four nonlegislative roles of Congress.

Essay #2 2. Political scientists often note that “Congress is too responsive to constituents, and, especially to organized interests. . . ” while others argue that Congress is too insulated from ordinary citizens. a. Identify an organized interest and explain how and why Congress responds to their needs. b. Describe how Congress can “insulate” itself from its constituents and provide an example to support your claim. c. Explain how Congress can overcome organized interests and better meet the needs of its constituents l