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The Institutions
Unit IVA
Congress
The Capitol
Structure of Congress
Powers of Congress
Lay and collect taxesBorrow moneyRegulate interstate and foreign commerceNaturalization rulesCoin money and set its valueCreate lower federal courtsDeclare warNecessary and proper laws
Bankruptcy rulesPunish counterfeitersFix weights and measuresPost office and postal roadsIssue patents and copyrightsPiracy lawsRaise army and navyProvide for militiaRun D.C.
Non-legislative Powers
House of Representatives elects president if no electoral majorityPropose amendments with 2/3 majorities from both housesHouse of Representatives may impeach; Senate triesSenate approves presidential appointments (majority vote) and treaties (2/3 vote)
ADVICE AND CONSENT
OVERSIGHT – investigate/monitor the other branches, executive agencies
Meeting of Congress
Both houses meet for a term of two yearsMakeup of congressional terms determined by congressional elections every two yearsTerms begin on January 3rd of odd-numbered years
2012 Elections were in November113th Congress began on term on January 3, 2013
Special sessionsPresident may call Congress in times of emergency situations or significant political developmentsPearl Harbor in December 1941
House of Representatives Chamber
Senate Chamber
Evolution of Congress
From 1789 to 1932, Congress virtually dominated the national government
Exceptions under Jackson, Lincoln, T. Roosevelt, and Wilson
From 1932 to the present the President has become the focus of national government power and authority
In conjunction with expansion of government with FDR’s New Deal programs
Electing the HouseDirectly elected by the people every two years
Most (originally) responsible to electorateFrequency of elections
Congress established 435 seats in the House in 1911Apportionment
Distribution of legislators based on state’s population
ReapportionmentRedistribution of legislators based on state’s population after decade census
RedistrictingRedrawing of congressional districts based on reapportionmentState legislatures in charge of redistricting
GerrymanderingRedistricting to favor a political party or group
Electing the Senate
Staggered terms
State legislatures originally elected senators
“Millionaires’ Club”
Seventeenth Amendment
Popular election of senators
Incumbency EffectCurrent office holders winning reelectionAdvantages
Name recognitionCredit claimingCaseworkVisibilityMedia exposureFund-raisingCampaign experienceVoting record
DisadvantagesMistrust of governmentUnpopular political partyRedistricting effect“Held responsible”
Privileges of Congress
Salaries$174,000$193,400 for Senate and House leaders$223,500 for Speaker of the House
Benefits include pensions, health coverageOffice AllowancesTravel AllowancesFranking PrivilegeImmunity
Cannot be arrested during Congress businessCannot be sued for libel/slander during Congress business
Congressional Staffers
Personal StaffDirectly work for members in D.C. and district/state offices
Committee StaffResearch and analyze issues in committees and subcommittees
Leadership StaffWork for congressional leaders such as Speaker of the House
Institutional StaffClerks, janitors, police/security of the Capitol
Support Agency Staff – non-partisanCongressional Budget Office (CBO) - financesCongressional Research Service (CRS) – think tank, analysisGovernment Accountability Office (GAO) – audits, investigations
Congressional Term Limits
Congressional members have NO term limits
May be reelected as many times as possible
U.S. Term Limits, Inc. v. Thornton (1995)Supreme Court overruled Arkansas law imposing term limits on U.S. congressional representatives
House Districts by Party (112th Congress)
Senate States by Party (112th Congress)
Congressional Makeup
AgeHouse median age - 57Senate median age - 62
Occupation209 members from business200 members from law
Race/EthnicityWhites - 83.22%Blacks - 9.66%
None in Senate
Hispanics - 5.52%Asians - 1.38%
Religion56.8% Protestant
29.2% Catholic
7.3% Jewish
Gender18% female in House
18% female in Senate
Most women from Democratic Party
Congressional LeadershipHOUSE OF REPRESENTATIVES
Speaker of the HousePresides over the HouseMost powerful person in CongressMost powerful member from majority partyAssigns bills to committee, controls floor debate, appoints party member to committees and chairs
Majority LeaderAssists Speaker of the HousePlans party’s legislative programDirects floor debate
Minority LeaderRepresents leader of opposition party
Majority and Minority WhipsAssist in party voting, inform on voting, vote counts, voting pressure
SENATEPresident of the Senate
Vice-President presides
Votes only to break a tie
President Pro TemporeMajority party senior member to preside in absence of VP
Majority LeaderMost powerful Senate member and party spokesperson
Minority LeaderRepresents leader of opposition party
Majority and Minority WhipsRallies respective party member to votes, vote counts
Lawmaking Process
Bills and ResolutionsBill – proposed legislation to become law on passage by both chambers and signed by the President
Public bill – affects the general publicPrivate bill – affects a private individual
Simple Resolution (non-binding)Applied and passed by either chamber to establish rules of procedures or sense of chamber
Concurrent Resolution (non-binding)Applied and passed by both chambers to establish rules and procedures for both housesAllow a joint session of Congress, provide recess, creating a temporary joint committee
Joint ResolutionLegislative measure passed by both chambers and signed into law by PresidentFor declarations of war, temporary exceptions to laws, authorize small appropriations, establish temporary commissionsGulf of Tonkin ResolutionWar Powers Resolution
Types of Legislative Actions
DistributiveDistribution of goods/services for general publici.e. highway construction project
RedistributiveUsing taxes on one segment of population for entitlements on another segmenti.e. welfare program
RegulatoryLimits on groups and individualsi.e. Clean Air and Water Act
Introducing a Bill
Only a member of Congress may introduce a billMay be suggested by executive administration, interest groups, citizensRevenue bills may only originate in the House of Representatives
House of Representativeshanded to the Clerk of the House or placed in the hopperIntroduced and assigned a number, ex. H.R. 913
SenateHanded to the presiding officer or introduced on floorIntroduced and assigned a number, ex. S. 913
The Hopper
CommitteesSpeaker of the House/Presiding Officer of Senate assign bills to appropriate committees
The brunt of deliberating, discussing, debating of a bill is done in committees
GATEKEEPING AUTHORITY
PROPOSAL POWER
Allows for specialists to determine merits of a bill and speed up legislative process
Types of CommitteesStanding Committee
Permanent committee over specific policy
Select CommitteeTemporary committee for specific purpose
Joint CommitteeMade up of members of both houses
Conference CommitteeTemporary committee of both houses to resolve differences of chamber versions of a bill
SubcommitteeSubset of a standing committee
Standing CommitteesHouse
Rules
Ways and Means
Appropriations
Judiciary
Agriculture
Armed Services
Budget
Education and Labor
Foreign Affairs
Homeland Security
Energy and Commerce
Natural Resources
Science and Technology
Small Business
Veterans’ Affairs
SenateAppropriations
Finance
Judiciary
Foreign Relations
Agriculture, Nutrition, Forestry
Armed Services
Banking, Housing, Urban Affairs
Budget
Commerce, Science, Transportation
Energy and Natural Resources
Environment and Public Works
Health, Labor, Education
Homeland Security
Rules and Administration
Small Business
Veterans’ Affairs
Committee Leadership
Committees are headed by a CHAIRPERSON
All chairpersons are from the majority party in the respective chamber
Set committee agendas, assign subcommittee members, decide on hearings and witnesses
Used to be based on seniority systemNow usually long-standing member of committee
Committee MembershipThe percentage of a committee reflects overall percentage of political party members in respective chamber
Members desire relevant committees related to districts and/or experience
Ambitious members strive for membership in major standing committees and/or become chairperson
Committee assignments based on party leadership and patronage
Committee and a BillCommittees can assign a bill to subcommittees
Subcommittees refer bill back to committee
Committees can TABLE a bill thereby killing it
Committees can revise and add to a bill or MARK-UP
REPORTED OUT by committee for floor debate and vote
If not reported out, House of Representatives may call for a DISCARGE PETITION (requires absolute majority, 218 votes)
House Rules Committee
In the House of Representatives, once bills are reported out they are sent to the RULES COMMITTEE
Nothing like this in the Senate
Sets rules, restrictions, and times on bills during floor debate with input by Speaker of the House
CLOSED RULE – severe limits on floor debate and amendments
Bill proponents tend to prefer closed rule
OPEN RULE – allows floor debate and amendmentsBill opponents tend to prefer open rule
House Floor DebateControlled by the Speaker of the House and limited by Rules Committee
Amendments must be GERMANE, or relevant, to the bill
RIDERS (additions not relevant to the bill) are not allowed
Once debate is completed or terminated, bill heads to a vote
Senate Floor DebateThe Senate has unlimited debateAmendments and riders are allowedFILIBUSTERS (only in Senate)
A bill could be killed by senators delaying its passage by “talking it to death”
CLOTURE (only in Senate)
Debate can be ended with 60 votes; prevent filibusters
HOLDS (only in Senate)
Designed to stall or prevent a bill from being vote onAnonymous or public
Strom Thurmond filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957
Voting on a BillQUORUM/QUORUM CALL
A majority of members must be present to vote, conduct business
218 in the House; 51 in the Senate
PARTY VOTE
House of RepresentativesElectronic vote
Roll call
Teller vote
SenateRoll call
Voice vote
Finalizing a Bill
Once either chamber passes a bill it is ENGROSSED and sent to the other chamber for passage
Both chambers must pass an identical bill
If there are differences (riders, amendments), then the versions sent to CONFERENCE COMMITTEE
To the President
President signs the bill into law
May also become law after 10 days
President vetoes the billCongress may override veto with 2/3 majority of both housesPocket veto
President ignores bill; after 10 days if Congress has adjourned, the bill dies
Other Legislative Tactics
EARMARKSExpenditures for specific recipients determined on appropriations-based legislation
PORK BARRELPass appropriations and/or projects for one’s specific district/state
LOGROLLINGSupport a bill for support on another bill
CAUCUSESInformal voting blocs among members who share common goals
i.e. Congressional Black Caucus
LEGISLATIVE VETOReject executive action by House and/or SenateRuled unconstitutional in Immigration and Naturalization Services v. Chadha
How a Member Represents and Votes
RepresentationalDelegates and trustees of their districts/statesVote based on interests and beliefs of districts/statesCASEWORK
OrganizationalInfluenced by party members, president, lobbyistsVote based on party linesPATRONAGE
AttitudinalBased on ideology, personal beliefs