The Congress The Nature of Congress Bicameralism

The Congress

The Nature of Congress Bicameralism: the two chambers reflect the social biases of the founders (Great Compromise). House of Representatives – population (represents interests of large states) Senate – 2 per state (represents interests of small states) Representatives + Senators=electoral votes 2

Parliament v. Congress Candidates selected by party Voters choose between national parties, not between multiple candidates Members of Parliament select prime minister and other leaders Party members vote together on most issues Renomination depends on remaining loyal to party Principal work is debate over national issues Candidates run in a primary election, with little party control over nomination Vote is for candidate/not party do not choose executive/president principal work is representation and action Great deal of power, high pay, and significant staff resources (perks and privileges) 3

Perks and Privileges Permanent professional staffs Average Senate office employs around 30 people. Total number of all congressional staffers has grown dramatically since 1960. Franking privileges Use of signature instead of a postage stamp to allow for free mailings Costs taxpayers up to $10 -$15 million per year Privileges and immunities under the law Special constitutional protection from the “speech or debate” clause under Article 1, Section 6 Cannot be sued for libel or slander based on statements made during official duties 4

So… how much do Congressmen make? Take a guess!!!! Pay as of 2009… (and other privileges)

27 th amendment No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. (No law that would pay representative more or less in salary or other income will be allowed to take effect until after there has been another election) Pay keeps increasing due to COST-OF-LIVING increases…

The Nature and Functions of Congress The lawmaking function Makes binding rules (laws) for all Americans Sets broad national policies by compromise and logrolling/ reciprocity (agreeing in advance to support one another's bills) Divided government: when different political parties control different chambers. Earmarks (pork): provide federal funding to companies, projects, groups and organizations often in specific congressional districts

Continued… Representation Function – represent constituents’ views but also should represent views of whole society Olympia Snow and Susan Collins (AP Photo/Pat Wellenbach) 8

Continued… Service to constituents Casework – assisting private citizens in dealing with their individual problems and questions regarding government actions Ombudsman – investigating and resolving the complaints of constituents against noncompliant officials, programs, etc. Copyright 2012 Cengage Learning 9

Continued… The oversight function the follow up on laws it has enacted to make sure that they are being enforced and administered in the way Congress intended. Has become increasingly partisan Hearings and investigations – inquiries often eased up if president from own party and cracks down when president is from different party Copyright 2012 Cengage Learning 10

Continued… The public-education function Congress presents a wide range of views when it holds public hearings, exercises oversight, and engages in debate. Agenda setting – deciding what issues will come up for debate and consideration The conflict-resolution function Congress tries to resolve differences among competing points of view by passing laws to accommodate many interested parties. Copyright 2012 Cengage Learning 11

Getting Elected to Congress Members of Congress are directly elected by registered voters. Do not receive government funds for campaigns (only President) Incumbents – those in office now…the most important variable in determining the outcome of an election for a member of the House Name recognition Credit claiming: service to constituents through: Casework – specifically helping constituents get what they think they have a right to Pork Barrel spending PACs give most of their money to incumbents 12

the House and Senate

House and Senate Differences Size and Rules of the House Size and Rules of the Senate 25 years old 30 years old 435 members (plus delegates 100 members from D. C. and U. S. territories) More prestige Apportionment – later Power. Point slides 2 year terms (all up for reelection every 2 years) Many more formal rules govern activities in the House Rules Committee (rules of floor debate, stricter time limits so pass bills more quickly) Each state has at least 1 representative 6 year terms staggered (1/3 rd of Senate is up for reelection every 2 years) The Senate is less crowded, so procedures are more informal Filibuster – unlimited discussion and delay to block bills (dating back to 1790). . next slide 14

Rules Committee (House) controls what bills go to the House Floor and the terms of debate makeup of the Rules Committee has traditionally been weighted in favor of the majority party, and has been in its current configuration of 9 majority and 4 minority members since the late 1970 s. Open rules permit the offering of any amendment that otherwise complies with House rules, and allows debate under the 5 -minute rule. Closed rules effectively eliminate the opportunity to consider amendments, other than those reported by the committee reporting the bill. Return to slide… Copyright 2012 Cengage Learning 15

The Filibuster (Senate only) Can be stopped through cloture (Senate Rule 22) http: //www. senate. gov/CRSReports/crs- publish. cfm? pid=%26%2 A 2%3 C 4 QLS%3 E%0 A (what is cloture) Cloture is the only procedure by which the Senate can vote to set an end to a debate without also rejecting the bill, amendment, conference report, motion, or other matter it has been debating. vote by 3/5 s of Senators (60) after two days of filibustering then debate is limited to a maximum of one hour per senator Increased used of the filibuster 16

Apportionment Of The House remember…. based on population so you have to decide how

Reapportionment – allocation of seats in the House to each state after each 10 year census (MS lost one House seat in 2000… MS presently has 4 representatives) Important to states because it determines how many House seats states gets More representatives – more influence Redistricting – redrawing congressional district boundaries within each state 18

How boundary lines are drawn can affect elections Malapportionment – results from having districts of unequal size If one district is twice the size of the other, twice as many cotes are needed to elect a representative. Thus, a citizen’s vote in the small district is worth twice as much as a vote in the larger district Gerrymandering – drawing district lines in favor of one party over another Copyright 2012 Cengage Learning 20

Supreme Court cases Look up the following cases and answer the following questions: Summary of case (why did it reach Supreme Court) Question in the case Outcome of the case (the ruling) Supreme Court Cases Baker v. Carr Wesberry v. Sanders Copyright 2012 Cengage Learning 21

4 Problems to solve in deciding who gets represented in the House Establish total size in House In 1911, Congress decided the House was large enough and fixed its size to 435 members. Allocating seats in the House among the states Congress reapportioned every 10 years. A complex formula was developed in 1929 that makes it automatic…states gain/lose based on changes in population Determining size of congressional districts within states In 1964, the Supreme Court ruled that districts be drawn according to the “one person-one vote” principle (Wesberry v. Sanders) Determining the shape of those districts Copyright 2012 Cengage Learning 22

Organization of Congress

Head person in House…voted in by majority party (major role in committee assignments) Majority and Minority positions based on which political party has the most (or least) in a specific political party Real leader in Senate Committees: where all the work occurs (next slide) The Vice President is head person in Senate – only votes in case of tie This person heads Senate when Vice President is absent. 24

The Committee Structure Most of the work of Congress takes place in committees and subcommittees. Power of committees The committees have the final say on most bills. Copyright 2012 Cengage Learning 25

4 Types of Congressional Committees Standing committee It is permanent and given a specific area of subject matter. Develops expertise in subject matter Select committee It is created for a limited time and for a specific legislative purpose. Example: Watergate investigation Copyright 2012 Cengage Learning 26

Types of Congressional Committees Joint committee Formed by concurrent action of both houses and consists of members of each chamber. Conference committee Formed to resolve differences in House and Senate bill; must write a bill in identical form House rules committee (already discussed) Copyright 2012 Cengage Learning 27

Committees at Work: Legislation and Oversight Legislation: Committees work on about 11, 000 bills every session Legislative Oversight: Monitoring of the bureaucracy and its administration of policy through committee hearings Oversight usually takes place after a catastrophe Copyright 2012 Cengage Learning 28

Getting on a Committee Usually, ratio of Dems and Reps on committees roughly corresponds to ratio in House and Senate Members want committee assignments that will help them get reelected New members express their committee preferences to party leaders Copyright 2012 Cengage Learning 29

Remember…. Committees are the real place where work in congress is done!!!! Copyright 2012

How Congress is Organized to Make Policy Caucus: formed by Members to provide a forum for issues or legislative agendas (hundreds exist) There a series of caucuses in Congress based on race, region, ideology, and economics. Caucuses pressure for committee meetings and hearing and for votes on bills Congressional Staff Communication between congressional representatives and constituents occurs mainly through the personal staffs of representatives Lobbyists and Interest Groups There are 35, 000 registered lobbyists trying to influence Congress Tries to influence legislator’s votes 31

Powers of Congress Now that we studied the basic characteristics of Congress AND we understand how many House representatives each state receives, let us look at the POWERS OF CONGRESS…. (already studied in Federalism unit) Copyright 2012 Cengage Learning

The Powers of Congress Enumerated/Expressed Powers (Article 1 Section 8) Important powers are collecting taxes, spending money, regulating commerce, coin money, declare war, create federal courts… Powers of the House (only House) Initiate revenue bills Choose President if tie in Electoral College Powers of the Senate (only Senate) Ratification of treaties Confirmation of ambassadors, Supreme Court justices, and other federal judges 33

The Powers of Congress The Necessary and Proper Clause Article 1, Section 8, Clause 18 Congress has the right under this clause to make all laws which are necessary and proper to carry out powers in Article One and all other powers vested in the Constitution. Also called the Elastic Clause Expands the power of the national government Copyright 2012 Cengage Learning 34

Constitutional Amendments provide additional powers to Congress 12 th amendment: certifying presidential election (electoral process) 16 th amendment: levying an income tax 20 th amendment: presidential/congressional terms (inauguration, term session, etc. ) 25 th amendment: succession of president/vice president in case of death or incapacitation (surgery, etc. ) Copyright 2012 Cengage Learning 35

HOW A BILL BECOMES A LAW See handout… Copyright 2012 Cengage Learning 36

10, 238 Bills introduced Reported by committee Passed one chamber 667 Passed both chamber 590 Public Law

How a Bill Becomes a Law Key things to remember… A bill is a proposed law. Anyone can draft a bill but only members of Congress can introduce them. More rules in House than in the Senate. Party leaders play a vital role in steering bills through both houses, but less in the Senate Committee Phase: Most bills die in committee All revenue bills begin in House; Senate may add/amend 39 but only if House originated them

The House of Representatives Debate of a bill in the House under a “closed rule” means that amendments to the bill may not be offered. The House Rules Committee reviews all bills and adopts a rule that governs the procedures under which they will be considered by the House. The Committee of the Whole is made up of whoever happens to be on the floor at the time of debate. A quorum is the minimum number of members who must be available for business to be conducted Copyright 2012 Cengage Learning 40

The Senate There is no rule limiting debate and members may speak for as long as they stay on their feet. There is no Committee of the Whole, amendments need not be germane (connected) to the purpose of the bill, and, thus, the Senate often attaches RIDERS to the bills. Rider - an “add-on” to a bill already under the consideration of the Congress, having little connection with the subject matter of the bill. A filibuster is difficult to break (already discussed). 16 senators have to sign a petition to move cloture and then 3/5 s (or 60) Senators must vote for it. If it passes, Senator is limited to one hour. 41

How Much Will the Government Spend? • Budget and Control Impoundment Act of 1974 • President must spend the money Congress appropriates. • Congress examines the tax and spend process at least twice in each budget cycle. Copyright 2012 Cengage Learning 42

Preparing the Budget The federal government operates on a fiscal year cycle. Runs Oct 1 st to Sept. 30 th Process starts 18 months ahead of fiscal year Office of Management and Budget outlines the budget and sends it to various departments and agencies. Each agency submits a formal request to the OMB. Copyright 2012 Cengage Learning 43