2.2 Congress - Lecture Outline
CONGRESS
MAJORITY + SENIORITY = POWER
www.house.gov Links to an external site. www.senate.gov Links to an external site. www.thomas.gov
-
Intent of the Framers
-
Oppose concentration of power in a single institution
-
To balance large and small states: bicameralism
-
Distribution of power between upper and lower classes
-
Senate was created as a check upon the House
-
Montesquieu- "dual" houses- one for the upper classes and one for the lower. "Therefore the Aristocracy may have a check upon the licentiousness of the rabble."
-
Congress as the dominant institution of federal government? - Checks and balances
-
Constitutional Underpinnings
-
Membership of House and Senate- why and how?
-
Powers of Congress were specific and enumerated
-
Expandable- Necessary and Proper
-
Non-Legislative- Constitutional Amendment, Impeachment
-
Senate- Treaties, Confirmations (Advise and Consent)
-
Congress has the power to be the "last word" in any conflict.
-
Roles of Congress
-
Representation
-
Lawmaking
-
Consensus Building
-
Oversight of the Bureaucracy
-
Policy Clarification
-
Confirmation (Senate)
-
Investigation- Watergate, Whitewater, Travelgate, Iran Contra
-
Requirements
-
Senate
-
30 years old
-
nine years a U.S. citizen and a legal resident of their state
b.House of Representatives
-
25 years old
-
seven years a U.S. citizen and a legal resident of their state
-
Evolution of the Framer's Intent
-
Congress generally has been dominant over the president for more than 140 years
-
Exception: periods of presidential activeness
-
Decline of House in 1820's against rise of Andrew Jackson
-
Political struggles were within Congress
-
Issues of national significance: slavery, new states, tariffs, etc.
-
Overriding political question: distribution of power within Congress
-
Early dominance of the House of Representatives
-
Questions of slavery and Civil War
-
Post Civil War Relations with Andrew Johnson
-
Radical Republicans and the Anti-Veto Congress
-
Congressional Control of Checks and Balances
-
Representational Problems
-
Apportionment- District lines drawn in most states by state legislatures
-
Redistricting- new lines drawn after Census.
-
Malaportionment- unequal districts based upon population
-
Baker v. Carr (1962)- one-person one vote -malaportionment is a "justiciable matter"
-
All districts must, as nearly as possible, have the same population to ensure the "one man one vote principle."
-
Gerrymandering- drawing of the district boundaries to ensure the election of a particular party.
-
Also used to limit or enhance minority representation
-
Gerrymandering with the intent to discriminate violates the Voting Rights Act of 1965.
-
1990's Supreme Court is reversing districts drawn to "help" minorities. Shaw v. Hunt
-
Race, Class, and Gender- Equality?
-
Electoral Issues
-
Incumbency- incumbents have power- most likely to get re-elected
-
Safe Seat- by incumbent, or party- will not lose
-
Low voter turnout helps the incumbent. - Note: General v. Mid-term election
-
Local issues decrease party participation
-
Increase participation of well-organized interest groups in local area.
-
Tea Party target seat
-
Sarah Palin’s Crosshairs Map
-
The Organization of Congress
Democratic Caucus and Republican Conference: Senate Democrats and Senate Republicans- “ nominating and electing party officers, reviewing committee assignments, setting policy, imposing discipline, setting themes and coordinating media. Conference and caucus chairs are recognized party leaders who work with other leaders in the House or Senate”
-
Leadership and Organization of the Senate (www.senate.gov Links to an external site. go to organization chart)
-
Leaders are the Majority Leader and the Minority Leader- elected by their respective party members
-
Majority Leader- Right to be first speaker recognized on the floor
-
Democratic Steering Committee-
-
Republican Policy Committee
-
Party Whips- keeps leaders informed about the opinions of their party members
-
President of the Senate- Vice President of the United States, President Pro-Tempore
-
Leadership and Organization in the House
-
Speaker of the House as leader
-
Elected by the body (Usually ranking member of the Majority Party)
-
Duties of the Speaker
-
Decides whom to recognize to speak on the floor
-
Rules on motions
-
Decides to which committee bills go
-
Appoints members of special and select committees
-
Some patronage power.
-
Majority and Minority Leaders
-
Party Whips and Deputy Whips- Communications and Party Loyalty
-
Party Caucus
-
Democratic Caucus and Republican Conference
-
Subgroups within a party- Congressional Black Caucus, Blue-Dog Democrats
-
Member Voting
-
Partisan support- the party line-"If you want to get ahead in this party, you'll vote with us!"
-
Tom Delay and Clinton Impeachment
-
Constituents
-
Colleagues and Caucuses
-
Interest Groups, Lobbyists, and Political Action Committees
-
Staff and Support Agencies
-
Party Structure in the House
-
Committees and Policy
-
Democratic Steering Committee
-
Republican Committee on Committees
-
Makes Committee Assignments
-
Schedule Legislation
-
House Rules Committee (Direct appointment by Speaker- 2/3 majority members)
-
House Rules Committee- Not in Senate
-
Regulates time limit on bills coming to the floor
-
Established if Bill is under an OPEN or CLOSED rule
-
OPEN RULE- Bill may be amended
-
CLOSED RULE- Bill may not be amended
-
Committee System- "The little legislatures"
-
Why?
-
Consider bills or legislative proposals
-
Congress is too large for all members to work on all bills
-
Maintain oversight of executive agencies
-
Conduct Investigations
-
Equality- each committee "reflects" the partisanship of the body.
"If the Republicans hold a 60% membership majority of the House then
A ten member Committee would be made up of the following
Six Republicans- One Republican serves as Chairman
Four Democrats
-
Newtonian Revolution- Gingrich cut down the number of committees and sub-committees- why? less committees- less dispersal of power.
-
Special Interest Groups have less of an opportunity to influence policy
-
Types of Committees
-
Standing Committees- most important of committees
-
Committees "stand" from one congress to the next- Issue grouped
-
Areas of expertise- members become experts in area of committee content
-
Majority party has chairmanship and majority of seats
-
Chairmen are elected by the committee. "Traditionally" the senior most member will get the Chair.
-
Sub-Committees- - more specialized study unit- decentralize power
-
Same "structure" as Committee- Chairman has power
-
Select Committees- groups appointed for a limited purpose and limited duration
-
Investigations
-
Joint Committees- those on which both representative and senators serve
-
Conference Committees- a joint committee appointed to resolve differences in Senate and House versions of the same piece of legislation before final passage.
-
Committee Traditions
-
Control and staffing of committees is Majority Party power- a partisan matter
-
Chairmanship and sub-Chairmanship belong to majority party
-
Oldest member of the majority party, who has sat on the committee the longest, traditionally gets the chair (guideline-Senate)
-
House: Chair candidates are interview by leadership to ensure loyalty to party.
-
Chairs now have term limits of six years
-
If a member changes committees, then their seniority starts over again
-
Minority party gets seats proportionate to its membership
-
What happens when the Majority of the body changes- Bad Blood!
-
Committees must be changed to represent the new "demographics" of the body
-
A member's committee assignment may make or break a career
-
Members committee wants
-
A committee in which they may help their home district
-
A committee, which may make them powerful
-
“Membership on key committees is like adding value to a stock portfolio.”
-
Committee Assignments
-
House Republicans
-
Committee on Committees
-
House Democrats
-
Democratic Steering Committee.
-
Member Selection- Seniority Rule
-
Members may keep the committee assignment from one congress to another
-
Members may switch to a more prominent committee but lose seniority
-
New members seek to get place upon committees, which will enhance their career.
-
Most often freshman members get place upon committees that are dominated by the senior most members of the opposition (think comparative advantage?)
-
Incumbency- This is Seniority. Senior (majority) members chair or influence the most powerful committees. T/F, they control policy over a specific area. Special interest groups spend BIG money on SENIOR MAJORITY INCUMBENTS. Why?
-
Committee Prestige-
-
House
-
Exclusive Committees- Appropriations, Ways and Means, Rules-
-
Members may only sit on this committee and no other
-
Major Committees- Armed Services
-
May add service on lower status committees
-
Non-major Committees- Post Office, Fisheries
-
Floor Procedures- How a Bill becomes a law- "A System of Multiple Vetoes" (Figure 7.4)
Committee of the Whole-" a quorum of 100 members which may do business in the absence of a majority." This enables the house to conduct business without its entire membership.
-
Introduction by a member of either house- sponsor
-
Bills of Revenue (Tax) must originate in the House
-
Congress shapes presidential drafted legislation
-
Resolutions
-
Simple- passed by one house to only affect that House
-
Concurrent- passed by both housed to affect both
-
Joint- passed by both houses and signed by the President- similar to law. (force of law)
-
After Introduction bill is assigned to committee (subcommittee) for study
-
Body holds hearings to receive opinions on the bill.
-
Mark Up Session- revised and amended
-
Reported out of committee vote by sub and parent committee
-
Die in committee- Pigeonhole
-
Discharge Petition (vote of majority of members to bring bill to the floor.)
-
House- Bill sent to Rules Committee- Power of the majority
-
Regulates time limit on bills coming to the floor
-
Establishes if bill is under an OPEN or CLOSED rule
-
OPEN RULE- Bill may be amended
-
CLOSED RULE- Bill may not be amended
-
An Amendment MUST be germane (related) to the bill.
-
Floor Debate- House
-
Time limits- Rules Committee
-
Committee sponsor of the bill organizes debate
-
Senate- No Rules Committee
-
Hold- Tactic to delay floor action as a Senator requests to become “informed” on an issue.
-
No rule on amendments
-
Riders - Attachments to bill which may be non-germane (unrelated)
-
Christmas Tree Bill- Large number of amendments
-
No rule on time limits of debate
-
Filibuster- tactic by minority party- continuous speech on Senate floor
-
Objective- stops all Senate functions as an all out effort to show disapproval of the bill.
-
Cloture- stops a filibuster- sets time on debate
-
After 30 hours of debate- vote must be taken.
-
Pre-Cloture Vote
-
Sponsor of the bill obtains 3/5ths vote before bill is introduced t/f filibuster is useless.
-
Presidential Action
-
President has 10 days to consider the bill
-
President signs the bill into law.
-
President can veto the bill.
-
Returned to Congress- Needs 2/3rds vote of Congress to override veto.
-
President can wait 10 days and allows the bill to become law without his signature
-
Congress goes out of session in less than 10 days, no signature. Pocket Veto
-
Filibuster- Pre-Cloture Congress
-
The majority now must have 60 votes lined up to stop a filibuster BEFORE the issue goes to the floor for a vote. (http://www.filibusted.us/congress)
-
Congressional "Folkways"
-
Respect of the "Institution"
-
Internal respect within each body "The Distinguished Gentleman from Florida"
-
Defense of one body against another- House v. Senate
-
Traditions
-
Reciprocity- doing favors for one another- "do unto others as you would have done to you."
-
Logrolling- vote trading
-
No member may specialize in all area t/f members "trade" votes on issues.
-
Pork Barrel- "Fatty" financial goods attached to a bill, which benefits a members home district.
-
Earmarks- Specific funds for projects in a member’s district.
-
Congressional "Roles"
-
Delegate
-
Member who believes that his job is to represent the views of the constituents
-
Republicans, non-leaders, non-southerners, and members w/ low seniority
-
Trustee
-
View themselves as knowing what is best for the nation. Their constituencies have sent them to Washington to make decisions, not to run errands back to the home district.
-
Democrats, House leaders, southerners, high seniority members.
-
Politicos
-
Professional politicians- act in the best interest of getting re-elected
-
Will vote with the party when they can. Will most often vote in personal self-interest.
-
Congressional "Oversight"
-
Congressional authority over Executive Agency power (budget and confirmation)
-
Congressional Review- Joint Resolution signed by President (within 60 days of rule passage) overturns agency rule
-
War Powers Act: The Act required the president get congressional approval before sending troops abroad and to notify Congress within 48 hours of any foreign troop deployment. The president must withdraw troops within 60 days unless Congress declares war.
-
Treaty Ratification-
-
Advise and Consent- Confirmation of Cabinet and Judicial Appointment
-
Impeachment –see Table 7.7
-
Congressional authority over Judiciary: Control over Size and jurisdiction of the Federal Courts.
Figure 7.4- How a Bill Becomes a Law
Congress -Lecture Outline Download Congress -Lecture Outline
Congress.S14ppt.ppt Download Congress.S14ppt.ppt