The Legislative Branch U.S. Congress

What is government itself What is government itself? One of the greatest reflections on human nature. If men were angels, no government would be necessary…James Madison Laws are like sausages, it is better not to see them being made. . . Otto von Bismarck

U.S. Capitol

Best View in D.C. Speaker of the House’s balcony

Original Supreme Court 5 minutes fast

How does the legislative process actually work? A basic understanding of the organization and structure of the Iowa Legislature is important, but it tells us only a little about how the legislature actually works. Laws passed by the legislature are never neutral. There are always winners and losers. Some groups bear more of the costs than others do; some experience more rewards. Because of the costs and rewards are unequally distributed, groups compete to maximize their gains and minimize their losses in the legislative process.

Terms to know Legislature – a body of persons who are empowered to make, change, or repeal the laws Legislator – a member of a legislative body (lawmaking body) Legislate – the process of lawmaking Legislation – a law or a body of laws enacted

Terms to know Bill – proposed statute presented to a legislature, but not yet enacted or passed into law General Assembly – official name of Iowa’s legislative body Bicameral – two houses of legislative body Constituency – residents (group) in an electoral district Constituent – a person who lives and votes in an area

The U.S. Senate and House House of Representatives Senate 435 members 2 yr terms Rep. a district (~8K) Reapportioned every 10 yrs (Redistricting!) 25 yrs old, citizen for 7, live in state Strict Rules/debate limited Less prestige More partisan/factions Speaker of House - Paul Ryan (R) Senate 100 members 6 yr terms Rep. whole state 30 yrs old, citizen for 9, live in state Fewer rules/filibuster More prestige Less party loyalty Majority leader – Mitch McConnell (R) Minority Leader- Harry Reid (D) DIFFERENCES BETWEEN THE TWO

Congressional Sessions Last two years Begin Jan. 3rd of the year after the election Usually end Nov. before election Lame Duck Sessions – not much gets done

Benefits Salary $174,000+ per year Leadership gets more—SOH- $ 223,100 Generous retirement and benefits (health care) Two offices- D.C. and Home District Staff members Franking privileges—work-related mail, FREE Assorted perks; no petty misdemeanors

Party Control of Each Chamber

Popular Congress?

Demographics of the United States 115th Congress What are the informal qualifications for members of Congress? Are they representative of the people?

115th is most diverse Congress ever! Members of Congress of the 115th Congress – Personal and political background • “average” Congress person = white male in his late 50’s • Majority are married with children • 1/3 of the House and over ½ of the Senate are lawyers • Most have previous political experience – local politics, state politics 115th is most diverse Congress ever!

Gender Gender House (%) Senate (%) Society Men 352 (81%) 79 (79%) 49% Women 83 (19%) 21 (21%) 51%

Race and Ethnicity Race House (%) Senate (%) Society* White 339 90 78.1% Black 46 3 13.1% Hispanic 34 4 16.4% Asian 12 5.0% Other 1.2% Race and Ethnicity

Religion – House & Senate

Impact on Representation? Can the U.S. Congress or Iowa General Assembly represent all citizens even if they don’t have the same demographics as society? What problems might exist?

Iowa’s U.S. Congressional Districts Steve King (R) 4th - 2003 David Young (R) 3rd - 2014 Dave Loebsack (D) 2nd - 2006 Rod Blum (R) 1st - 2014

U.S. Senate Chuck Grassley - R Joni Ernst– R Senior Senator (1981) Junior Senator (2015)

Iowa Legislative Branch: Lawmaking in Iowa

Formal Qualifications For Membership In The Legislature Iowa Senate (4 year term) A U. S. citizen At least 25 years of age Have lived in Iowa for one year and lived in the district for 60 days. Iowa House (2 year term) A U.S. citizen At least 21 years of age Have lived in Iowa for one year and lived in the district for 60 days.

Party Make-up of General Assembly Iowa House Iowa Senate 59 Republicans 41 Democrats 20 Democrats 29 Republicans 1 Independent

IOWA HOUSE LEADERSHIP Speaker of the House Speaker Pro Tempore Kraig Paulsen (R) Speaker Pro Tempore Matt Windschitl(R) Speaker of the House presides over the House of Representatives. This position is obtained by a majority vote of its party membership; the House chooses its presiding officer from among its members by a recorded vote.

Iowa House Leadership Majority Leader Majority Whip Linda Upmeyer (R) Chris Hagenow

HOUSE LEADERSHIP Minority Leader Mark Smith (D)

SENATE LEADERSHIP President of the Senate President Pro Tempore Pam Jochum (D) President Pro Tempore Steve Sodders (D)

SENATE LEADERSHIP Majority Leader Majority Whip Michael Gronstal (D) Joe Bolkcom (D) FROM IOWA CITY!!!

SENATE LEADERSHIP Minority Floor Leader Bill Dix (R)

Geographic Districts In Both Chambers Of The Legislature Iowa House of Representatives = 100 members Iowa Senate = 50 members

Roles of your Representative: What do they actually do? LAWMAKING Legislation – propose, study, and vote Budget – revenue (income)/appropriations (spending) REPRESENTING (constituent work) Work on behave of individual private citizens AND groups of citizens EVALUATING the work of the legislature  Oversight — Follow up on the laws to ensure they are being enforced and administered in the way it intended Ethics Executive Branch and Executive Agencies Impeachment, Appointments, Overrides, Judiciary… What role does political partisanship play?

How Members Make Decisions Interest Groups Colleagues Caucuses Party Representative Constituents Staff Political Action Committees

How do they “represent”? as a trustee—who uses personal judgment. as an instructed delegate —who uses the constituents’ judgment. politico—a combination of both trustee and instructed delegate roles.

Powers of Congress Expressed/Enumerated Powers Tax, Money, Trade, Declare War, Copyrights, etc Implied Powers – “Necessary & Proper” Clause Paying for things Checks & Balances Amendments Impeachment Appointments Treaties Investigatory Powers Hearings

Roles of Senators and Representatives

Congressional Leadership House leaders are responsible for Maintaining party organization Scheduling the business affairs of the chamber Providing members with the most current and up-to-date information on national affairs as well as legislation.

Speaker of the House

Majority and Minority leaders Elected by their respective parties Duty is to manage legislation on the House floor Majority leader (party in control) and Minority leader = the party’s overall leader and main strategist

Majority and minority whips Assistant floor leaders Keep leadership informed and work to persuade party members to vote along party lines

Senate Leadership President of the Senate Officially the Vice President Vice President usually only appears for ceremonies or to break a tie vote President of the Senate pro tempore Senior Senator of the majority party Presides over the Senate when Vice President is not there Usually majority party members take turns presiding over the Senate

Committees

Committees (SEE HANDOUT IN PACKET FOR MORE INFORMATION ON COMMITTEES) Purpose - Legislation and Oversight Role – divide workload Types of Committees Standing Committee Separate subject matter committees Joint Committee House and Senate share membership i.e.-- taxation Conference Committee Two bills must become one/ compromise bills Select Committee Specific reason – i.e. Russian hacking invest.

Committee Leadership Committee chairpersons—power to set agenda (i.e. which bills will move forward) Who chooses? seniority & party caucuses Assignments House- two committees and four subcommittees Senate- three committees and seven subcommittees

An unbiased (or cynical) look at the Logic of Congress* Action or Inaction? An unbiased (or cynical) look at the Logic of Congress* *Yes, that might be an oxymoron, but Congress is full of oxymorons

Electoral Connection – Who gets elected? Incumbent – someone currently holding an elected office and running for reelection Pros Constituency services Name recognition/title Experience Cons Special interests Cares more about reelection when making decisions Americans view their own Congressional Representatives favorably while overall approval ratings are low (60-65% approval)

Electoral Connection: Impact on Citizens Direct Patronage Pork barrel spending - $ for home district Jobs for constituents Who do they represent? Reapportionment – allocation of boundaries of the districts within each state VS. Redistricting – the redrawing of boundaries of the districts within each state

Gerrymandered Districts Gerrymandering occurs if the lines of a district are redrawn to give a certain party, faction, or ethnic group an advantage 10 Worst Gerrymandered districts

Effects of Gerrymandering High percentage of one party Candidates must cater to the active (usually fringe) members of party No moderates able to get through primary system Interested in trying it out yourself? Play the Redistricting game: http://www.redistrictinggame.org/index.php?pg=resourceguide

Gerrymandering Strategies 1. Competitive – HOW IT SHOULD BE!! 2. Sweetheart (incumbent pairing) - redistricts two or more incumbent legislators’ so that both are in the same district, thereby ensuring that one will be elected. 3. Packing (concentrating) occurs if minority’s numbers are great enough when diffused to affect the outcome of elections in several districts. 4. Cracking (dispersing)To diffuse a concentrated political or ethnic minority among several districts so that its votes in any one district are negligible

Geographic Districts Legislators are elected into single-member districts All districts are equal in population. Redistricting: the drawing and redrawing of the boundaries of legislative districts – occurs every 10 years with census The U.S. Voting Rights Act (1965) declares that states with a history of electoral discrimination against minority groups must preclear redistricting plans with the U.S. Justice Department or the U.S. District Court of the District of Columbia. UPDATE: In August, 2013, the U.S. Supreme Court struck down key parts of the Voting Rights Act. Watch short video on redistricting: http://www.pbs.org/newshour/thenews/thegov/story.php?id=19491&pac kage_id=634 Can be political!! Read about Iowa’s 2011 redistricting process: http://www.fairvote.org/iowa-s-laudable-redistricting-process-and-the-super-district-alternative

Action Happens Because… Desire to Do the Right Thing Party Control of Both Houses Logrolling – exchanging favors 1991 “Corn for Porn” Desire for Reelection Help Constituents Pork – money for local projects

Inaction Happens Because… Divided Congress Lame Duck Status Partisan Bickering Desire Reelection Change Vote to Get Votes Avoid Looking Bad It Was Designed That Way