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FORM OF LEGISLATURE
Country Form of Legislature
Canada one house dominantFrance one house dominantGermany one house dominantGreat Britain one house dominantIsrael one house onlyItaly two equal housesJapan one house dominantMexico two equal housesUnited Statestwo equal houses
CONGRESS V. PARLIAMENT
1.
2.
3.
4.
CONGRESS COMPONENTS
US Botanic GardenGeneral Accounting OfficeGovernment Printing OfficeLibrary of CongressCongressional Budget OfficeUS Capitol– Senate and HouseArchitect of the Capitol
US BOTANICAL GARDEN
GREENBRIER HOTEL, WEST VIRGINIA
• Congressional Districts
FORMAL QUALIFICATIONS
House Senate
Age 25 30
Citizenship 7 years 9 years
Residence state state
INFORMAL QUALIFICATIONS
Party identification- mostly from 2 major parties
Name familiarity- worth money during election
Experience- incumbent often wins
Gender- predominantly male
Race- majority Caucasian
Pres can call either house or both houses into session
During session, a house must have consent of other to adjourn
Lasts two terms
Each term numbered consecutively
Start of new term- noon of 3rd day of Jan of every odd numbered year
SENATE
Size 100 members Term 6 yearsElection state legislature/directlyVacancy Governor until electionPresiding Officer VP; President Pro
TemporeDebate filibuster/clotureSpecial Powers chooses VP if no majority
sits as jury in impeachment
ratifies treaties approves appointments
HOUSE
Size 435 members Term 2 yearsElection directly by peopleVacancy special electionPresiding Officer Speaker of the HouseDebate germane/not germaneSpecial Powers chooses Pres if no
majority indicts in impeachment
deals with revenue bills
FUNCTIONS OF CONGRESS
Lawmaking-
Service to constituents-
Representation-
Oversight-
Public-education-
Conflict-resolution-
POWERS OF CONGRESS
Expressed-
Peace
War
Implied
EXPRESSED POWERS--PEACE
To lay taxes (direct—income tax; indirect—customs, excise
To borrow money (no limit on how much and for what purposes)
To regulate foreign and interstate commerce
To establish naturalization and bankruptcy laws
To coin money and regulate its value; to regulate weights and measures
To punish counterfeiters of federal money and securities
To establish post offices and post roads (even mailbox)
To grant patents and copyrights
To create courts inferior to the Supreme Court
To define and punish piracies and felonies on the high seas; to define and punish offenses against the law of nations
To exercise exclusive jurisdiction over District of Columbia; to exercise exclusive control over dockyards, national parks, federal buildings and
the like
To create new states
US FLAG1776 Raising of flag for 1st time on Jan 2 (celebrating formation of
Continental Army and to taunt British in Boston)
1777 New flag design authorized by Congress
1780 Francis Hopkinson submits bills for his design
1791 VT joined
1792 KY joined
1794 Stars for 14th and 15th state
“Blue” and “Red” States
IMPLIED POWERS
To make all laws necessary and proper for carrying into execution the foregoing powers, such as:
To define and provide punishment for federal crimes
To establish the Federal Reserve System
To improve rivers, canals and harbors
To set minimum wage, maximum hours of work, and weights and measures (time, distance, metric system)
EXPRESSED TO IMPLIEDLay and collect taxes punish tax evaders
use taxes to fund welfare
require states to meet certain conditions for federal funds
Borrow money establish Federal Reserve
Establish naturalization law regulate and limit immigration
Raise armies and a navy draft Americans into military
Regulate commerce establish minimum wage
ban discrimination at work
pass laws protecting disabled
regulate banking
Establish post offices prohibit mail fraud/obstruction
bar shipping of certain items through the mails
SPECIAL POWERS OF THE HOUSE
To select President if no receives majority of electoral vote
To bring impeachment charges
To originate all revenue (money) bills
SPECIAL POWERS OF THE SENATE
To select vice president if no candidate has majority of electoral vote
To act as judge in cases of impeachment
To ratify treaties (by 2/3rds vote)
To approve presidential appointments (by majority vote)
SENATE IMPEACHMENT TRIALS1798-1799 William Blount US Senator charges dismissed
1804 John Pickering District court judge removed from office
1805 Samuel Chase SC justice acquitted
1830-1831 James H Peck District court judge acquitted
1862 West Humphreys District court judge removed from office
1868 Andrew Johnson President acquitted
1876 William Belknap Secretary of war acquitted
1905 Charles Swayne District court judge acquitted
1912-1913 Robert Archbald Commerce court judge removed from office
1926 George English District court judge charges dismissed
1933 Harold Louderback District court judge removed from office
1936 Halsted L Ritter District court judge removed from office
1986 Harry E Claiboirne District court judge removed from office
1989 Alice L Hastings District court judge removed from office
1989 Walter L Nixon, Jr District court judge removed from office
1998-1999 Bill Clinton President acquitted
EXPANSION OF CONGRESSIONAL POWER
Sherman Anti-Trust Act (limited monopolies)
Wagner Act (allow unions)
US Air Force
Interstate Highway Act
Federal Highway funds cut
EXAMPLES OF THE NANNY STATE
San Francisco forbids restaurants from offering free toy or prize; all meals must have half-cup each of vegetables and fruit
Santa Monica
New York canned soup, salt targeted
Pennsylvania will limit amount of sweets in school; slash number of birthday parties and holidays allowed in class
Oregon
LIMITS ON POWERS OF CONGRESS
Cannot tax exports
Cannot favor ports of one state over those of others or require vessels to pay duties in more than one state
Direct taxes must be apportioned among states according to their populations
Indirect taxes must be levied at same rate in all parts of country
INTERACTION WITH SUPREME COURTConstitutional Amendment Passed in Response to . . .
11th Immunity of States from certain Chisholm v. Georgia, 1793
suits held that citizen could bring suit against state
14th Citizenship, due process, equal Dred Scott v. Sandford, 1857
protection held that African-Americans could
not qualify as citizens
16th power of Congress to tax incomes Pollock v. Farmer’s Loan and Trust
Company, 1895
held that 1894 income tax law imposed a direct tax that should have been apportioned among several states and was therefore unconstitutional
26th minimum voting age no higher Oregon v. Mitchell, 1970
than 18 upheld 18-year-old provisions of Voting Rights Act amendments of 1970 in
federal elections, but ruled them unconstitutional in state elections
DUTIES OF JOB
Legislator- make laws
Committee members- research and write bills
Representatives of constituents-
Servants of constituents
Politicians- win elections
TYPICAL MEMBERS’ WASHINGTON SCHEDULE8:00 am breakfast with former member
8:45 Budget Committee
9:15 meeting with Soybean Association
9:45 Energy and Commerce Committee markup session
10:15 radio interview by phone
10:30 reception with telecommunications officials
11:30 lunch with personal friend at Watergate Hotel
1:00 pm Agriculture subcommittee hearing
2:30 meeting with majority chair about possible amendments
3:15 photo op and discussion with students from district
3:45 meeting with foreign dignitary about country’s issues
4:30 briefing by commissioner of the Bureau of Labor Statistics
5:30-7 reception honoring AAA’s new president from constituency
6-8 fundraiser for fellow member
6-8 wine tasting reception by local wine industry
6-8 reception sponsored by Firefighter’s Association
8:00 pm back to Capital Hill for a vote
TYPICAL MEMBER’S AT-HOME SCHEDULE
7:30 am business group breakfast
8:45 elementary school assembly
9:30 National Agriculture Day speech
10:45 distribute food to needy families
12 noon Community College student/faculty lunch, speech and Q&A
1:00 pm classroom visit at high school of a close friend’s daughter
2:45 discussion with daycare owner about federal law changes
4:00 town hall meeting
5:45 PTA speech on education issues before Congress
6:30 annual dinner at local church
7:15 local NAACP chapter meeting
8:30 business class visit at state university
KEY COMMITTEES
SENATE HOUSE
Armed Services Rules
Judiciary Ways and Means
Foreign Relations Appropriations
Steering- moves up bills on calender
SENATE RULES
Cloture end filibuster with a 60% vote
Closed time limit on debate
key measures only
Open any measures from floor okay
Restrictive only some amendments allowed
RULES
Closed- time limit on debate; key measures
(most common)
Open- permits amendments from floor; all measures
Restrictive- only some amendments allowed
ASSIGNMENTSRatio of Democrats to Republicans on committees must be same as in
each house
Majority gets chair
60 Dems and 40 Reps in Senate means 60% Dems/40% Reps (or 6 Dems and 4 Reps on committees on a 10-person committee)
Vocabulary- CONGRESS TERMS 1
bicameral- two houses in legislature
unicameral- one house in legislature (NB)
marginal district- less than 55% of vote
safe district- more than 55% of vote
party polarization-
partisanship-
bipartisan- party unity voting
will the senator yield-continuous body- lottery- the drawing of legislative officescasework-page- gallery- authorization-influence-peddling-
HOW A BILL BECOMES A LAW 1
1. Bill introduced in House, assigned to a committee and then a subcommittee
2. Subcommittee performs studies, holds hearings and make revisions
3. Full committee may amend or rewrite bill
4. If approved, bill reported to full House andcalendered
HOW A BILL BECOMES A LAW 2
5. a. Rules Committee issues a rule governing debate on the House floor
b. Senate leaders of both parties schedule debate on the bill
6. Bill debated by full house, amendments offered and vote taken
HOW A BILL BECOMES A LAW 3
7. Bill sent to conference committee to resolve differences with other house (if any)
8. Full house votes on conference committee version
9. Bill heads to President
10. President signs bill into law or uses veto;Congress may override with 2/3rds vote
TYPES OF COMMITTEES
Standing Committees
Select Committees
Joint Committees
Conference Committees
STANDINGMost important
Permanent for most part
Shapes legislation
Have specialized subcommittees
Representatives serve on 2 committees and 4 subcommittees
Senators serve on 3 committees and 7 subcommittees
Independent in each house
SELECT
Temporary
Set up to study specific issue (hunger, crime, drugs, minorities)
Members appointed by Speaker/Senate President
Usually have direct input into legislation
Can produce legislation on their own
JOINT
Similar to joint committees
More permanent than select
Made up of both House and Senate members
Deal with specific issue and report findings
Also handles routine matters (printing, Library of Congress)
CONFERENCE
Created when House and Senate pass versions of same bill
Similar to joint committees
Made up of both House and Senate members
Most temporary
Lasts only until compromise is reached
Vocabulary- CONGRESS TERMS 2
Public bill- Private bill- Multiple referral- bill goes to several commitees Sequential referral- bill goes to 1st committee, thenQuorum- Discharge petition- to move bill out of committee (H)Filibuster- Cloture- Rider- Christmas tree bill- one with many riders (not germane)Double-tracking-Senatorial courtesy-Resolutions-
TYPES OF RESOLUTIONS
Simple- internal matters affecting only one house
Concurrent- requires action of both houses, but does not need president’s signature
Joint- both houses must pass bill; has force of law if president signs bill
FAMOUS SENATORS ANDTHEIR RESPECTIVE COMMITTEES
Appropriations Robert Byrd WV
Banking, Housing and Urban Affairs Chris Dodd CT
Foreign Relations Joe Biden DE
Environment and public Works Barbara Boxer CA
Commerce, Science and Transportation Daniel Inouye HI
Small Business John Kerry MA
Rules and Administration Dianne Feinstein CA
Judiciary Patrick Leahy VT
Homeland Security and Governmental Affairs Joe Liebermann CT
Health, Education, Labor and Pensions Edward Kennedy MA
Joint Economic Committee Charles Schumer NY
PAST MEMBERS ANDTHEIR COMMITTEES
Health, Education, Labor and Pensions Sen Edward Kennedy, MA
Sen Joseph Biden
Sen Barack Obama
Appropriations Sen Robert Byrd, WV
STAFF AGENCIES
Congressional Research Service (CRS)
for non-partisan info and research; from Library of Congress
General Accounting Office (GAO)
audits financial records; makes policy recommendations
Congressional Budget Office (CBO)
analyzes president’s budget and economic data and trends
Office of Technology Assessment (OTA)
evaluated policies’ effectiveness; abolished in ?
STAFF MEMBERS
answer mail
meet with voters
devise proposals
negotiate agreements
organize hearings
compose questions to ask of witnesses
draft reports
meet with lobbyists
respond to constituents
solve constituents’ problems
help with re-election
CAUCUSES
Association of members created to advocate a political ideology or a regional or economic interest
ex. Gypsy Moths (liberal Reps against some of Reagan’s proposals)
Conservative Democratic Forum
(Southern Conservatives)
Congressional Black Caucus
EXAMPLES OF CAUCUSES
Black
Gypsy Moths (liberal Reps against some of Reagan’s proposals)
Conservative Democratic Forum (Southern conservatives)
METHODS OF VOTING
Voice- yeas, nays; names not recorded
Division- stand to vote; names not recorded
Teller- members pass between 2 people who both record vote, then compare
(1st ayes, then nays)
Roll-call- name read aloud; recorded (yea or nay)
WHY MEMBERS VOTE THE WAY THEY DO
political beliefs
logrolling/back scratchingpolitical partyfuture ambitionslogrolling/back scratching/reciprocitybest hope for re-electionideologycompromiseissuespecial interestown conscienceconstituents
DO MEMBERS OF CONGRESS REPRESENT PUBLIC?
Representational view- when constituents have clear view on issue for which legislators’ vote
will attract attention
Organizational view- constituency interests are not at stake; vote on clues from colleagues
Attitudinal view- ideology of member affects voting
AMENDMENTS
17th- directly elected by people 1913
(previously elected by House)
20th- must meet at least once a year 1933
session begins noon on January 3
(previously March 15)
27th- congressional salary increases take 1992 effect after next election
(previously immediate)
27TH AMENDMENT
Congressional pay does not increase until subsequent election
Effect is that members of Congress are more aware of public’s perception of them, and thus more careful
BENEFITSSalary- Office- allowance to hire up to 22 staffers (home/DC offices)Pork- secure employment, business, govt projects district/stateFranking- LOC- free use of resources at Library of CongressGym/Spa- free use; on Capitol HillGifts- Exemption- Tutoring- free for dependents; no longer a benefitTravel- set number of visits home office at taxpayers’ expenseJunkets- some govt-funded missions to foreign countriesCost-of-living raises- salary increase every year due to inflationParking- free at most local airports and on Capitol HillHealth care- inexpensiveSupplemental income- limited by internal code of ethics
BENEFITS
Tying of future raises to cost-of-living index
Supplemental income- limited by internal code of ethics
Free parking on Capitol Hill
Free parking at most local airports
Use of congressional gyms and spas
Inexpensive health care
Travel- set number of visits to home office at taxpayers’ expense (?#)
some missions to foreign countries at govt expense (junkets)
Franking
Stationery
Pension
Cannot be sued for any comments from House/Senate floor
Free from arrest in all cases except treason, breach of the peace, and felonies?
GERRYMANDERING
Packing- drawing lines in a district so they include as many of the opposing party’s voters but not enough to be a majority
Cracking- dividing an opponent’s voters into other districts to weaken opponent’s voter
base
EFFECTS
45 races competitive out of 435 in House
10 years earlier: 151 competitive races
Year? According to Charles Cook
Only 25 incumbents won with less than 55% of vote, Rhodes Cook
46TH CONGRESSIONAL DISTRICT
STATES WHICH GAINED HOUSE SEATS
1980 1990 2000 2010
IL 22 20 19
MI 18 16 15
NY 34 31 29
OH 21 19 18
PA 23 21 19
STATES WHICH GAINED HOUSE SEATS
1980 1990 2000 2010
AZ 6 8 10
CA 45 52 53
FL 15 23 25
GA 10 11 13
NV
NC 11 12 13
TX 27 30 32
DISCIPLINARY ACTION
Censure- condemnation of actions, removal from committee assignments
ex.
Expulsion- removal from office
ex. Adam Clayton Powell (Powell v McCormack)
Michael J Meyers
PARTISAN GAINS/LOSSES IN CONGRESS IN MID-TERM ELECTIONS
Year President Party House Senate
1934 Roosevelt D +9 +9
1937 Roosevelt D -70 -7
1942 Roosevelt D -50 -8
1946 Truman D -54 -11
1950 Truman D -29 -5
1954 Eisenhower R -18 -1
1958 Eisenhower R -47 -13
1962 Kennedy D -5 +2
1966 Johnson D -48 -4
1970 Nixon R -12 +1
1974 Ford R -48 -5
PARTISAN GAINS/LOSSES IN CONGRESS IN MID-TERM ELECTIONS
Year President Party HouseSenate
1978 Carter D -12 -3
1982 Reagan R -26 0
1986 Reagan R -5 -8
1990 G H W Bush R -9 -1
1994 Clinton D -52 -9
1998 Clinton D +5 0
2002 G W Bush R +8 +2
2006 G W Bush R
2010 Obama D
CHARACTERISTICS
older (50+)white (more minorities in House)male (more women in House)collegemarriedreligious (Protestant, Catholic, Jewish)wealthylaw, medicine, professions, academiaborn in state representedpolitical experience
SHIRLEY CHISHOLM
1st black woman elected to Congress
Served 7 terms in House
Elected as NYC Democrat in 1968
Often criticized Congress as clubby and unresponsive
GERRY STUDSFirst openly gay member of Congress (House)
While a history teacher at a private religious school in NH, invited Senator Eugene McCarthy to bring his anti-war presidential campaign to New Hampshire primary
Failed to win House election in 1966
Learned Portuguese (language spoken by many of his district’s voters) and studied issues related to fishing industry
won Cape Cod seat in 1968
Outed by scandal in 1983 (relationship with 17-year-old Congressional page) 10 years before
Censured by House; some called for his resignation
Won re-election and became 1st openly gay candidate elected to Congress
“I have no intention whatsoever, no matter how disappointing this might be to some people—and I don’t think it is to very many—of being ‘the gay congressman.’ that’s about as interesting and irrelevant as being the straight congressman. It has nothing to do with anything.”
Retired in 1996
ROLES OF THE LOBBYIST
1. Engage in private meetings with govt officials on behalf of clients
2. Provide accurate info about issue3. Testify before executive rulemaking agencies
for or against proposed rules4. Assist legislators or bureaucrats in drafting
legislation or prospective regulations5. Invite legislators to social occasions 6. Provide knowledge on how other legislators will
vote7. Supply nominations for federal appointments to
the executive branch
INTEREST GROUP RATINGS
Each group rates members of Congress on issues that are important to the group
For example, AFL-CIO bases its rating on a member’s votes in support of labor unions
American Conservative Union
American Civil Liberties Union
Americans for Democratic Action
Am. Federation of Labor-Congress of Industrial Organizations
Christian Coalitions
Chamber of Commerce
League of Conservation Voters
SELECT INTERST GROUP RATINGSSenate ACU ACLU ADA AFL-CIO CC CoC LCV
Diane Feinstein D-CA 20 60 80 92 20 55 80
Bill Frist R-TN 100 20 0 15 100 100 0
Kay Bailey Hutchison R-TX 100 25 5 23 100 95 4
Ted Kennedy D-MA 0 60 100 100 0 29 84
House
Mary Bono R-CA 71 27 10 11 75 95 9
John Conyers D-MI 0 93 100 100 14 21 91
Tom DeLay R-TX 92 7 0 0 100 95 0
Sheila Jackson Lee D-TX 4 93 100 100 0 26 68
2003 ratings
Members ranked from 1 to 100, with 1 being the lowest and 100 the highest support of a particular group’s support
GROUPS AND LOBBYISTS USING EACH LOBBYING TECHNIQUES
Lobbyists Organizations DCgroups
Testifying at legislative hearings
Contacting govt officials directly to present point of view
Helping to draft legislation
Alerting state legislators to effects of bill on their districts
LEADERSHIP
Speaker of the House
President of the Senate
Vice President
Senate Pro Tempore
Majority/Minority Leaders
Majority/Minority Whips
Party Caucus/Conference
SPEAKER OF THE HOUSE
presiding officer of each house of Congressmember of the Housechosen by majority party in House; officially selected by vote of entire bodypresides over, and keep order during, House sessions assigns bills to committeescreates special committeesschedules legislation for floor actionmanages floor debatesdecides points of order and interprets rules (w/ House parliamentarian and
using Roberts’ Rules)May actively debate on any topic of discussioncasts ballot in case of a tiespeaks for the Housethird in line of succession for presidencyappoints members of joint sessions and conference committeesrefers bills and resolutions to appropriate standing committees
NEWT GINGRICH
Began term by hand-picking some committee chairs (so they would work with him), overriding seniority rule
Occasionally overruled chairs
Appointed task forces to take away issues from certain members
Forced members to debate issues in Republican Conference
Kept tight control of agenda by exercising formal powers of Speaker
NANCY PELOSI
PRESIDENT OF THE SENATE
Presiding officer of the Senate
Not a member of the Senate (Vice President)
Presides over and keeps order during sessions
May not debate issues
Can only vote to break a tie
PRESIDENT PRO-TEMPORE
Oldest serving Senator
Second in line in presidential succession
MAJORITY/MINORITY LEADER
party’s spokesperson on the floor
negotiates with opposition party’s leadership
assist Speaker on planning floor schedule
gather support for party’s programs
selected by vote of party caucus or conference
MAJORITY/MINORITY WHIP
maintain contact with party members
disseminate plans and priorities of leadership to rank and file
count potential votes of pending legislation
selected by vote of party caucus or conference
PARTY CAUCUS/CONFERENCE
create rules
elect leadership
select committee chairs
approve committee assignments
plan party strategy
EARLY CONGRESSES
One term served (why?)
not regarded as career
Federal govt not considered important
travel to DC difficult
little pay
CELEBRITIES IN CONGRESS
Helen Gahagan Douglas actress
Fred Grandy actor, Love Boat
Sonny Bono singer, Sonny and Cher
Tom McMillen NBA player
Jack Kemp quarterback, Bills/Chargers
John Glenn astronaut
Bill Bradley Knicks player
Joseph Kennedy created energy non-profit
Jim Bunning major league pitcher
REPRESENTATIVES WHO BECAME PRESIDENT
CA Nixon
IL Lincoln
MA Quincy Adams*, Kennedy
MI Ford
NH Pierce
NY Fillmore
OH Harrison, Hayes, Garfield**, McKinley
PA Buchanan
TN Jackson, Polk***
TX L Johnson, Bush 41
VA Madison, Tyler*only President elected **only current member
elected ***only former Speaker elected
SENATORS WHO BECAME PRESIDENT
CA Nixon
IN B Harrison
IL Obama*
MA J Q Adams, Kennedy**
MO Truman
NH Pierce
NY Van Buren
OH W Harrison, Harding***
PA Buchanan
TN Jackson
TX L Johnson
VA Monroe, Tyler*3rd sitting senator elected **2nd sitting senator elected
***1st sitting senator elected
MOST REQUESTED PHOTO FROM NATIONAL ARCHIVES
