The Institutions Congress Unit IVA

The Capitol/Capitol Hill

Structure of Congress

Powers of Congress Article I, Section 8* Lay and collect taxes* Power of the Purse Borrow money* Commerce Clause* Regulate interstate and foreign commerce* Immigration and naturalization rules* Coin money and set its value* Create lower federal courts* Declare war* Necessary and Proper Clause* aka Elastic Clause Bankruptcy rules* Punish counterfeiters* Fix weights and measures* Post office and postal roads* Issue patents and copyrights* Piracy laws* Raise army and navy* Provide for militia* Run D.C.* Propose amendments Congressional oversight

Exclusive Powers of House and Senate House of Representatives Senate Initiate revenue bills Impeach executive and judicial officials Choose president if neither candidate receives majority in Electoral College Trial of impeached officials Advice and Consent Approve presidential appointments Executive department heads, federal justices Simple majority Ratify treaties negotiated by president 2/3 majority Choose vice president if neither candidate received majority in Electoral College

Congressional Oversight

Meeting of Congress Both houses meet for a term of two years Makeup of congressional terms determined by congressional elections every two years Terms begin on January 3rd of odd-numbered years 2016 Elections in November 2016 115th Congress begins term on January 3, 2017 Special sessions President may call Congress in times of emergency situations or significant political developments Pearl Harbor in December 1941

House of Representatives Chamber

Senate Chamber

General Description of Congressional Chambers House of Representatives Senate More formal and descriptive rules Highly influenced by party politics More specialized in particular policy areas Very committee based Majoritarian decisions More bipartisanship Members more generalist than specialist Less committee based Decisions based more on consensus and consent

Evolution of Congress From 1789 to 1932, Congress virtually dominated the federal government Exceptions under Jackson, Lincoln, T. Roosevelt, and Wilson From 1932 to the present the President has become the focus of federal government power and authority In conjunction with expansion of government with FDR’s New Deal programs Media coverage

Electing the House Directly elected by the people Two-year terms Frequency of elections Mid-Term Elections Non-presidential election Low voter turnout

Congressional Apportionment and Districts Congress established number of representatives for House at 435 (1911) Each state with at least one representative Currently, one representative per 709,760 Reapportionment every 10 years based on national census Redistricting States draw congressional districts Districts must be relatively equal

Congressional Apportionment and Districts Consequences Gerrymandering Drawing districts to favor a political party or group Independent commissions Baker v. Carr (1962) Wesberry v. Sanders (1964) Reynolds v. Sims (1964) Shaw v. Reno (1993)

House Seats (115th Congress) 194 Democrats 240 Republicans

House Districts by Party (115th Congress)

House Ideological Divisions

House Percentage of Party Members from each State (115th Congress)

Electing the Senate Staggered terms How Elected 1/3 of senators every two years How Elected State legislatures originally elected senators “Millionaires’ Club” Seventeenth Amendment Popular election of senators

Senate Membership (115th Congress) 2 Independents (caucus with Dems) 46 Democrats 52 Republicans

Senate States by Party (115th Congress)

115th Congress Makeup Political Party Age Occupation/Military Service House 240 Republicans 194 Democrats 1 Vacancy Senate 52 Republicans 46 Democrats 2 Independents (caucus with Dem) Age House median age – 57.8 Senate median age – 61.8 Occupation/Military Service 238 public service/politics 208 business members 218 lawyers 99 educators 18.8% served in military Education 18 House - high school diploma Incumbency House – 9.4 years (4.6 terms) Senate – 10.1 years (1.7 terms) Race/Ethnicity Whites – 78.8% Blacks – 9.6% 49 House 3 Senate Hispanics – 8.3% 40 House 5 Senate Asians – 3.3% Religion 55.9% Protestant Baptist highest denomination 31.4% Catholic 5.6% Jewish 2.4% Mormons 2 House – Muslim 2 House, 1 Senate – Buddhist 3 House - Hindu Gender – 20.1% of Congress 88 women (House) 21 women (Senate)

Incumbency Effect Current office holders winning reelection Advantages Reelection Rates of U.S. House and U.S. Senate (1964-2012) Advantages Name recognition Credit claiming Casework Visibility Media exposure Fund-raising Campaign experience Voting record Franking privilege Disadvantages Mistrust of government Unpopular political party Redistricting effect “Held responsible”

Congressional Incumbency Rates

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

Privileges of Congress Salaries $174,000 for rank and file members $193,400 for Senate and House leaders $223,500 for Speaker of the House Benefits include pensions, health coverage Office Allowances Travel Allowances Franking Privilege Immunity Cannot be arrested during Congress business Cannot be sued for libel/slander during Congress business

Congressional Staffers Personal Office Staff Directly work for members in D.C. and district/state offices Assist in drafting legislation Assist in casework Go-between to lobbyists, congress members, bureaucracies, White House Committee Staff Research and analyze issues in committees and subcommittees Leadership Staff Work for congressional leaders such as Speaker of the House Institutional Staff Clerks, janitors, police/security of the Capitol

Congressional Agencies Congressional Budget Office (CBO) Analyze budget and economic proposals Government Accountability Office (GAO) Audits Investigations Congressional Research Service (CRS) Information, history

Congressional Decorum CENSURE Reprimand of a member for unprofessional, suspected, or admitted misbehavior or violation Must give up any committee chairs Requires simple majority IMPEACHMENT Expulsion of a member requires 2/3 majority vote

House Congressional Leadership SPEAKER OF THE HOUSE Elected by House members; need 218 votes to be elected Presides over the House Most powerful person in Congress Most powerful member from majority party Assigns bills to committee, controls floor debate, appoints party member to committees and chairs House Majority Leader Assists Speaker of the House; second in command Plans party’s legislative program Directs floor debate House Minority Leader Represents House leader of opposition party House Majority Whip and House Minority Whip Assist in party voting, inform on voting, vote counts, voting pressure

Senate Congressional Leadership President of the Senate Vice-President presides Votes only to break a tie President Pro Tempore Majority party senior member to preside in absence of VP Senate Majority Leader Most powerful Senate member and party spokesperson Senate Minority Leader Represents Senate leader of opposition party Senate Majority Whip and Senate Minority Whip Rallies respective Senate party member to votes, vote counts

115th Congress Leadership House of Representatives Speaker of the House: Paul Ryan (R) Majority Leader: Kevin McCarthy (R) Majority Whip: Steve Scalise (R) Minority Leader: Nancy Pelosi (D) Minority Whip: Steny Hoyer (D) Senate President of the Senate: Joe Biden (D) President Pro Tempore: Orrin Hatch (R) Majority Leader: Mitch McConnell (R) Majority Whip: John Cornyn (R) Minority Leader: Chuck Schumer (D) Minority Whip: Richard Durbin (D)

115th Congressional Caucuses DEMOCRATIC House Democratic Conference Senate Democratic Conference Progressive Caucus New Democrat Coalition Blue Dog Coalition GENERAL Congressional Black Caucus Congressional Hispanic Conference Full List REPUBLICAN House Republican Conference Senate Republican Conference Republican Study Committee House Freedom Caucus

Lawmaking Process

Bills Drafting a Bill Types of Bills Legislators President’s Agenda Interest Groups Commissions Individual citizen Types of Bills Public bill Private bill Revenue bill Originations Clause Omnibus bill

Resolutions 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 houses Allow a joint session of Congress, provide recess, creating a temporary joint committee Joint Resolution Legislative measure passed by both chambers and signed into law by President For declarations of war, temporary exceptions to laws, authorize small appropriations, establish temporary commissions Proposal for amendments* Historical Examples Gulf of Tonkin Resolution War Powers Resolution

Types of Legislative Actions Distributive Distribution of goods/services for general public i.e. highway construction project Redistributive Using taxes on one segment of population for entitlements on another segment i.e. Social Security Regulatory Mandates and limits on groups and individuals i.e. Clean Air and Water Act Constituent Establish executive agencies i.e. Department of Homeland Security after 9/11

Introducing a Bill Only a member of Congress may introduce a bill May be suggested by executive administration (i.e. President), interest groups, citizens Revenue bills may only originate in the House of Representatives House of Representatives handed to the Clerk of the House or placed in the hopper Introduced and assigned a number ex. H.R. 913 Senate Handed to the presiding officer or introduced on floor ex. S. 913 The Hopper

Committees Committee Work Bill Assignments Consider bills, maintain oversight, conduct investigations Gatekeeping authority Proposal power Hearings and Testimonies Allows for specialists to determine merits of a bill Subpoena power Bill Assignments Speaker of the House/Presiding Senate Officer

Types of Committees Standing Committee Subcommittee Select Committee Permanent committee over specific policy Subcommittee Subset of a standing committee for specific details of a bill Select Committee Temporary committee for specific purpose Usually for investigations on major public concerns Joint Committee Made up of members of both houses Conference Committee Temporary committee of both houses to resolve differences of chamber versions of a bill

Congressional Standing Committees Senate House Rules Ways and Means Appropriations Judiciary Agriculture Armed Services Budget Education and the Workforce Ethics Financial Services Foreign Services Homeland Security House Administration Energy and Commerce Natural Resources Oversight and Government Reform Science, Space, and Technology Small Business Transportation and Infrastructure Veterans’ Affairs Appropriations 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, Education, Labor, and Pensions Homeland Security and Government Affairs Rules and Administration Small Business and Entrepreneurship Veterans’ Affairs

Committee Membership The 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 Chairperson Responsibilities Presides over the committee Set committee agendas Assign subcommittee members Decide on hearings and witnesses Selection From majority party of respective chamber Used to be based on seniority system Now usually long-standing member of committee Paul Ryan, former House Ways and Means Chairman

Committee Actions on a Bill Committee Referral Bills assigned to committees who refer to appropriate subcommittees Subcommittees refer bill back to committee Hearings and Testimony Markup Committees read and add amendments to bills Table Motion to kill a bill in committees Full Committee Vote Report Out House’s Discharge Petition Requires absolute majority (218 votes)

House Rules Committee Once a House bill is reported out by committee(s) it must be assigned to the HOUSE RULES COMMITTEE before it reaches the House floor for debate and voting Sets rules, restrictions, and times on bills during floor debate with input by Speaker of the House CLOSED RULE Severe limits on floor debate No amendments Bill proponents tend to prefer closed rule OPEN RULE Allows floor debate Allows amendments Bill opponents tend to prefer open rule

House Floor Debate Presided by the Speaker of the House Time and debate on a bill is limited by the Rules Committee Committee of the Whole All House members act as one large committee To expedite appropriations and revenue bills Quorum of 100 Presided by a Chairman Amendments Must be GERMANE RIDERS are not allowed Once debate is completed or terminated, bill heads to a vote

Senate Floor Debate The Senate has unlimited debate Amendments RIDERS are allowed Amendments must be germane only on budget and appropriations bills FILIBUSTERS (only in Senate) A bill could be killed by senators delaying its passage by “talking it to death” CLOTURE Debate can be ended with 60 votes; prevent filibusters HOLDS (only in Senate) Designed to stall or prevent a bill from being vote on Anonymous or public Strom Thurmond filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957

Other Legislative Tactics EARMARKS Expenditures for specific districts/states, policy areas, and federal agencies determined on appropriations-based legislation PORK BARREL “Bring home the bacon.” Pass appropriations and/or projects for one’s specific district/state LOGROLLING Reciprocal support on bills

Voting on a Bill QUORUM/QUORUM CALL House of Representatives Senate A majority of members must be present to vote, conduct business 218 in the House; 51 in the Senate House of Representatives Electronic vote Roll call Teller vote Senate Voice vote; Division vote

How a Member Represents and Votes Representational View/ Delegate Model Vote based on interests and beliefs of districts/states CASEWORK Organizational View/Partisan Model Influenced by party members, president, lobbyists Vote based on party lines PATRONAGE Attitudinal View/Trustee Model Based on ideology, personal beliefs Politico Model A combination of delegate, partisan, and trustee models A “true politician” trying to make everyone happy

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 Conference Committee Amendments and riders from House and/or Senate versions of a bill Joint committee of House and Senate members iron out differences Resulting bill sent to House and Senate for vote

To the President/Veto Power Presentment Clause President signs the bill into law May also become law after 10 days* * If Congress is still in session Legislative Intent and Signing Statement Presidential Veto Power Congress may override veto with 2/3 majority of both houses Pocket veto President ignores bill; after 10 days if Congress has adjourned, the bill dies Legislative Veto* House or Senate rejects executive action INS v. Chadha (1983) Legislative vetoes unconstitutional Still practiced without much protest

Lame-Duck Period Congressional session held between Election Day (early November) and beginning of newly elected Congress (January 3) Lame-duck sessions before transition of power