National Government Chapter 11: Congress

11.1 Constitutional Foundations of the Modern Congress

Empowering Congress

The framers of the constitution granted congress legislative power, which is the authority under the constitution to make laws and to alter or repeal them. The Congress was given an existence independent of the executive branch with enumerated powers, which are those powers specifically delegated to the Congress by the US Constitution. Congress was also was given elastic powers in the elastic clause to carry out their powers.

Constraining Congress

Congress is Bicameral meaning it consists of two bodies, to encourage a patient legislation. The framers added provisions that prohibit certain kinds of behavior, like bills of attainder, ex post facto laws, the granting titles of nobility, and the suspension of the right to habeus coprus. Additional constraints were placed on the congress in the bill of rights. Government is organized on the basis of separation of powers and checks and balances, so that ambition might check ambition and protect the country from tyranny. Although framers envisioned the legislative branch as the vital center of a vigorous national government, they wanted to make sure that congress would be surrounded by competing centers of government power.

Bicameralism and Representation

In the great compromise, the framers decided to apportion the House of representatives on the basis of population, while the senate on the basis of equal representation of the states. representatives of the Senate serve terms of 6 years, of the senate is elected in november of even numbered years. Each state holds two seats, and there are only a total of 100 seats. the minimum age is 30. unique powers of the senate include, advice and consent for judicial and upper level executive branch appointments, trial and impeachment cases, and advice and consent for treaties. House of representatives serve terms of 2 years, entire membership elected in November of even numbered years. representation of each state varies by each state's population. the total membership is 435 and is determined by congress and has been the same since 1910. Unique powers concerning the house includes origination of revenue bills and bringing impeachment charges.

Federalism

National Government Chapter 11: Congress

Congress is greatly affected by the federal design of the constitution. Some responsibilities are granted to the national government, some are shared between the national government and states, and some are reserved for the states. So it is inevitable for state and national governments to clash. Federalism also infuses localism into congressional affairs

11.2 Representation and Democracy

Styles of Representation

English politician and philosopher, edmund burke described two principle types of representation: delegate and trustee as a delegate, the representative tries to mirror perfectly the views of his or her constituents. As a trustee, the representative acts independently, trusting to his or her own judgement of how to best serve the public interest. every member of congress chooses between these two styles of representation. their choice usually has less to do with their personal tastes than it has to do with the relative safety of their seats and how often they must face the electorate.

Race, Gender and Occupation in Congress

Race and Gender: o Both women and racial minorities are significantly underrepresented in Congress, particularly in the Senate, despite recent gains. o Black representation reached its peak during the post civil war reconstruction period, when blacks played an important role in several southern states. o While hispanics have now replaced African Americans as the largest minority group in the population, they are less represented than African americans in congress. o Female representation in congress is quite low, compared to the percentage of women in national legislative bodies in countries globally. Occupation: o Members of congress are better educated than the rest of the population. o They come from high-income families. o they have personal incomes that are substantially above average, and they lean toward legal or business occupations. o Before running for election, most were politicians or in some other form of public service. More than a few were in the military prior to holding office.

National Government Chapter 11: Congress

The Electoral Connection

The State as the Senates Electoral Unit o Equal representation gives extraordinary power in the senate to states with low population. o A coalition of 51 senators from 26 states with the smallest population, representing the a mere 18 percent of the american population can pass a bill in the senate. The District as the Houses Electoral Unit o Because the American population is constantly growing in size and changing where it lives, the 435 house representatives must be periodically redistributed among states. This process is called apportionment, the reallocation of House seats among the states, done after each census, to ensure seats are held by the states in proportion to the size of their populations. o Except for states with only a single representative whose House district is entire state, those states gaining or losing seats must redraw their boundary lines of their congressional districts so that they are roughly equal population size. This process is called redistricting. o amendments to the 1865 voting rights act passed in 1982 encouraged the states to create house districts in which the racial minorities would be the majority. this has contributed to the increase in number of racially minority representative in congress. Money and Congressional Elections o Elections for congress are very expensive; money for the campaign committees of those running come from four main sources: individuals, political action committees, political parties, and the candidates themselves. o Congressional candidates also receive money from national, congressional, and state party committees. o incumbents, especially in the house, have an easier time raising money than their competitors. The Incumbency Factor o Incumbents in congress, current office holders, win at very high rates, especially in the house. o Since the end of World War II, 93% of house incumbents have been re-elected, and 80% of senate has done the same. o redistricting in many states have been fashioned to protect incumbents. o incumbents have the advantage of attracting and spending more money than their rivals. o Incumbents also use congressional machinery to help their reelection chances. already known to the public, because they garner so much free media coverage,

National Government Chapter 11: Congress members of congress have many ways to advertise their accomplishments and keep their names before the public. Incumbents also use their offices to service the district. one way is through case work, helping constituents cut through the red tape of federal bureaucracy, whether it be speeding up a social security check or expediting the issuance of a permit for grazing public land.

11.3 How Congress Works

Political Parties in Congress

The Party Composition of Congress

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Party Voting in Congress o Party labels are important cues for members of Congress as they decide how to vote. Party affiliation is the best predictor of the voting behavior of members of Congress (although not nearly as important as in parliamentary systems like that of Great Britain). o It is not entirely clear whether party voting differences are caused directly by party affiliation or indirectly by the character of the constituencies. American parties have little power to compel compliance with party positions or to discipline recalcitrant members. o Party caucuses have no authority to expel lawmakers from the party, even if they consistently vote with the opposition party, and the principle of seniority generally prevails in the appointment of committee and subcommittee chairs.

Congressional Leadership

Leadership in the House o The Speaker of the House of Representatives is treated as the spokesperson for the House and also for the majority party. Other powers of the Speaker include referral of bills to committee, control of the House agenda, appointment of select committees, and direction of floor debate. o The majority party in the House also selects a majority floor leader to help the Speaker plan strategy and manage the legislative business of the House. The minority party elects a minority floor leader, who serves as the chief spokesperson and legislative strategist for the opposition.

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Each party has party whips who act as liaisons between the leaders and the rank and file, count heads on important bills, explain leadership positions, try to persuade members to vote with the party, gather legislative intelligence, and ensure that supporters get to the floor to cast their votes.

Leadership in the Senate o Leadership in the Senate is less visible than in the House, and those with formal leadership titles exercise little influence. The vice president of the United States serves as the presiding officer (president of the Senate). The office is designated by the U.S. Constitution, not elected by the House as are the other leadership positions. o The president of the Senate is seldom in attendance because this is essentially a ceremonial office with no power other than the right to vote to break a tie. o The majority leader is the dominant figure in the Senate but has less substantial powers than those of the Speaker of the House. The majority leader has influence in committee assignments, assignment of office space, control of access to the floor of the Senate, and scheduling of Senate business. o The power of the position is personal and not institutional: the degree of actual influence is based less on formal powers than on skills such as personal persuasion. o The minority leader exercises less power than the majority leader, but a skilled politician can use the position to articulate the minority legislative program and force concessions from the majority.

Congressional Committees

Why Congress has committees o They serve as screening devices, allowing only a small percentage of bills to take up the time of the parent legislative bodies, and thereby allow Congress to rationally process the huge flow of business that comes before it. o They permit specialization because members of staff develop expertise to handle complex issues and to face executive branch experts on equal terms. o They are useful to members of Congress who use their committee positions to enhance their chances for reelection; legislators usually try to secure committee assignments that will permit efficient servicing of his or her constituency. o Getting on the right committee is important for reelection and for achieving the policy goals of members of Congress.

Types of Committees in congress o Standing committees are permanent and are the first stop for potential new laws. Bills referred to subcommittees are subject to hearings, negotiations, and markup. The majority of the legislative work takes place in these committees.

National Government Chapter 11: Congress Temporary committees created by congressional leaders to conduct studies or investigations are called select committees. They exist to resolve issues that standing committees cannot or do not wish to handle. o To speed up the flow of legislation, the congress has created joint committees with members from both chambers serving on the committees. Before a bill can be sent to the president for signature, it must pass in identical form. o Congress has established conference committees to iron out the differences between the House and Senate versions. How Members of Congress Get on Committees o the principle of seniority generally prevails in the appointment of committee and subcommittee chairs. Committee Chairs and Ranking Members o the principle of seniority generally prevails in the appointment of committee and subcommittee chairs.
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Rules and Norms in the House and Senate

Congress is guided by both formal rules and informal norms of behavior. Norms are generally accepted expectations about how people ought to behave and how business ought to proceed, while rules specify how things should be done and what is not allowed. The House is much more rule-bound than the Senate because of its large size. The House tends to be more organized and hierarchical, and debate on the floor is limited. Leaders have more power, procedures are more structured, and individual members have a harder time making a name for themselves. The atmosphere in the Senate is more relaxed and informal than in the House; each senator is more independent than House counterparts. Senate rules provide for unrestricted floor debate unless it is shortened by unanimous consent (which means that business can be blocked by a single dissenter) or ended by cloture. Senators may try to talk a bill to death through the filibuster.

National Government Chapter 11: Congress

11.4 Legislative Responsibilities: How a bill Becomes a Law

Introducing a Bill

Although bills can be introduced only by a member of Congress, the president and the executive branch are important in shaping the legislative agenda. Many bills originate in the executive branch, and much of what Congress does is in response to the legislative program of the president. Legislation takes the form of bills, joint resolutions, concurrent resolutions, and resolutions. Most legislative proposals are in the form of a bill, which requires the approval of both houses and the presidents signature to be enacted into law. Public bills deal with general questions, while private bills deal with individual matters such as immigration and naturalization cases.

Committee Action on a Bill

Floor Action on a Bill o The presiding officer in the Senate and the Speaker of the House refer the bill to the appropriate standing committee. Committee chairs will normally pass the bill to the appropriate subcommittee. o Most bills die at this stage, when either the subcommittee or the full committee declines to consider it further. Only bills that receive a favorable report from the committee are likely to be heard by the parent body. o Only a small percentage will be favorably reported back to the floor. A discharge petition signed by a majority of House members can force a committee to relinquish control over a bill, but this procedure is rarely successful. o Congressional leaders schedule a bill for floor debate if it is favorably reported from committee. In the House of Representatives, a bill will normally go to the Rules Committee for a rule (the terms under which the bill will be considered), such as the time for debate and the numberif anyof amendments allowed. o The Rules Committee may choose not to issue a rule, to drag its feet, or to grant a closed rule that does not permit amendments. Conference Committee o Floor debate is more important in the Senate, where committees are less influential than in the House. By contrast, rules in the Senate do not limit debate.

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Conflicting versions of a bill must be rewritten by a conference committee so that a single bill gains the approval of both houses. If, and only if, both houses approve it, the bill is forwarded to the president for consideration. Only about six percent of all bills that are introduced in Congress are enacted into law.

Presidential Action o If the president approves a bill, he can sign it and it becomes law. o If he does not sign the bill, it becomes law after 10 days. o He can also veto a bill and return it to congress. o A bill can become law by a vote from each house, which will override the presidents veto.

11.5 Legislative Oversight of the Executive Branch

Oversight is an important responsibility of Congress. Oversight involves keeping tabs on how the executive branch carries out the provisions of the laws that Congress passed and on possible abuses of power by executive branch officials, including the president. Hearings are part of the oversight process. Testimony is taken from agency officials, outside experts, and congressional investigatory institutions such as the Government Accounting Office and the Office of Technology Assessment. During periods of unified government, oversight sometimes is scaled back when hearings might embarrass a president of ones own party. Impeachment is the most powerful instrument of Congresss oversight of the Executive Branch. This is rarely used except in the most partisan atmosphere or in cases involving truly egregious executive behavior.