Congress Chapter 12

Legislative Branch Article 1 Bicameral Reasoning

How Congress is Organized to Make Policy American Bicameralism Bicameral: Legislature divided into two houses. The House 435 members, 2 year terms of office. Initiates all revenue bills, more influential on budget. Limited debates. The Senate 100 members, 6 year terms of office. Gives “advice & consent”, more influential on foreign affairs. Unlimited debates. From Table 12.3

How Congress is Organized to Make Policy Congressional Leadership The House Lead by Speaker of the House- elected by House members. Presides over House. Major role in committee assignments and legislation. The Senate Officially lead by Vice President. Really lead by Majority Leader- chosen by party members. Must work with Minority leader.

Structure of Congress House Senate Two Houses meet for 2 year terms beginning Jan 3 of odd number years. Each term divided into 2 one year sessions.

Election to Congress House Each State guaranteed 1 representative Practices related to determinating representation Apportionment Reapportionment Congressional districting gerrymandering

Election in the Senate Article V Originally members chosen by State Legislatures 17th Amendment: Direct election of Senators. Broadened scope of democracy

Roles Constituent servent Committee member Politician/party member

Role of Members of Congress Policy makers Representative Descriptive or Delegate : representing constituents by mirroring their personal, politically characteristic. Rule by the people Trustee: advocate for long-term interest of the nation. Substantive: representing interest groups

Parties and Party Leadership Party leadership in Congress House leaders Speaker of the House Elected by the House membership By default, a member of the majority party Said to be the second-most-powerful official in Washington, after the president House majority leader House majority whip

The Representatives and Senators The Job Salary of $174,100 / 194 Party Leaders with retirement benefits Office space in D.C. and at home and staff to fill it. Travel allowances and mail privileges. But, there’s often 10 to 14 hour days, lots of time away from the family, and lots of pressure from different people to “do the right thing.”

Parties and Party Leadership Party caucus—closed session Party unity in Congress Parties are the strongest force within Congress Heightened unity seen through roll-call votes

Parties and Party Leadership Party leadership in Congress Senate leaders Majority party leader is the most powerful senator The vice president presides over the Senate; however, has power only to cast tie-breaking vote Senate president pro tempore presides over the Senate in the vice president’s absence Largely an honorary position held by the majority party’s senior member

Demographics 115 House of Representatives Parties: Republican: 241; Democrat: 194; Independent: 0 Gender: Men: 248; Women: 83 Race: White: 339; Black: 46; Hispanic: 33; Asian: 10; Other: 3

Senate Parties: Republican: 52; Democrat: 46; Independent: 2 Gender: Men: 78; Women: 21 Race: White: 90; Black: 3; Hispanic: 4; Asian: 3

Speaker of the House: Paul Ryan

House Leadership

House majority leader: Kevin McCarthy

Republican Leadership Majority Leader Rep. Kevin McCarthy Represents Republicans on the House floor. Majority Whip Rep. Steve Scalise Assists leadership in managing party's legislative program.

House minority leader: Nancy Pelosi She is a representative of California. She has served as the Democratic leader, or minority leader in the House, since 2011. Pelosi was speaker of the House between 2007 to 2011, becoming the first woman to hold the position.

Democratic Leadership Minority Leader Rep. Nancy Pelosi Represents Democrats on the House floor. Democratic Whip Rep. Steny Hoyer Assists leadership in managing party's legislative program.

Senate President: Joe Biden until Jan. 20

Senate majority leader: Mitch McConnell Senator from Kentucky since 1985. He is the longest-serving senator from the state. He became the Senate majority leader in 2015.

Senate minority leader: Chuck Schumer He has been in Congress since 1981, first serving as a New York representative until 1998, when he was elected as a senator. He has not been the leader of the party previously.

Congressional Elections Who Wins Elections? Incumbent: Those already holding office. Figure 12.1

Congressional Elections The Advantages of Incumbents Incumbency Effect Name recognition Credit Claiming Service to individuals in their district. Casework: specifically helping constituents get what they think they have a right to. Pork Barrel: federal projects, grants, etc. made available in a congressional district or state.

Congressional Elections The Advantages of Incumbents Position Taking: Portray themselves as hard working, dedicated individuals. Occasionally take a partisan stand on an issue. Weak Opponents: Most opponents are inexperienced in politics. Most opponents are unorganized and underfunded.

Incumbency Effect More Visible to Constituents Advertising: The goal is to be visible to your voters. Frequent trips home & newsletters are used. Franking Media exposure

Fund raising abilities Experience in campaigning Voting Record

Congressional Campaign Expenditures

Allocation of PAC Contributions between Incumbents and Challengers

Congressional Elections Money in Congressional Elections Open seats are expensive. Do PACs buy candidates? Spending lots of money does not guarantee a win. Figure 12.3

Congress as a Career: Election to Congress Pitfalls of incumbency Disruptive issues Personal misconduct Turnout variation: the midterm election problem Primary election challengers General election challengers: a problem for senators Super PACs

Congressional Elections The Role of Party Identification Most members represent the majority party in their district. Defeating Incumbents Some incumbents face problems after a scandal or other complication in office. They may get drawn out of their district. They may face massive voter retaliation.

Congressional Elections Stability and Change Incumbents winning provides stability in Congress. But, it makes it more difficult to change Congress through elections. Are term limits an answer?

Committees Most work of Congress is accomplished through committees. Divides work Allows for study Speeds up process

How Congress is Organized to Make Policy The Committees and Subcommittees Getting Ahead on the Committee: Chairs and the Seniority System. The chair is the most important position for controlling legislation. Chairs were chosen strictly by seniority. Now seniority is a general rule, and members may choose the chair of their committee.

Seniority system: Tradition Today Membership of Committees % of each committee reflects overall % of Dem. Rep. in each house Members will try to serve on committees that has policy related to their district.

How Congress is Organized to Make Policy The Committees and Subcommittees Four types of committees: Standing committees: subject matter committees handle different policy areas. Joint committees: few policy areas- made up of House & Senate members. Conference committees: resolve differences in House and Senate bills. Select committees: created for a specific purpose. Caucuses: informal group who share a common purpose or sets of goals.

How Congress is Organized to Make Policy The Committees and Subcommittees Getting on a Committee Members want to get on the right committee. Members want committee assignments that will help them get reelected and gain influence. New members express their committee preferences to the party leaders. Support of the party is important in getting on the right committee. Parties try and grant committee assignments.

Committees and Committee Leadership Committee jurisdiction Bills introduced must be referred to the proper committee for deliberation Committee membership Typically mirrors the party ratio of the body Committee chairs Typically senior members of the majority party Committees and parties: Which is in control?

Leadership in Committees Chairpersons are members of majority party. Chosen by caucus Set agenda Assign members to subcommittees Decide if they will hold public hearings and witnesses Manage floor debate when presented to Full House or Senate

How a Bill Becomes a Law Committee hearings and decisions Most work on legislation is done in committee From committee to the floor Rules for debate are defined Leadership and floor action Debate, changes, and vote by full membership Conference committees and the president Reconcile differences between similar legislation

Congress’s Policymaking Role Lawmaking function of Congress Makes laws authorizing federal programs Broad issues: fragmentation as a limit on Congress’s role Congress in the lead: fragmentation as a policymaking strength

How Congress is Organized to Make Policy The Committees and Subcommittees The Committees at Work: Legislation and Oversight Committees work on the 11,000 bills every year. Some hold hearings and “mark up” meetings. Serve as a reference for other members. Oversight involves hearings and other methods of pressuring the executive branch into action. As the size of government grows, oversight grows too.

Congress: An Institution Divided Pro (advantages): Culturally representative of nation Diverse interests represented Cons (disadvantages): National interest subjugated to special interests Disproportionate influence of the minority

Congress’s Policymaking Role The representation function of Congress Representation of states and districts Representation of the nation through parties Oversight function of Congress Sees that executive branch carries out the laws faithfully

How Congress is Organized to Make Policy Caucuses: The Informal Organization of Congress Caucus: A group of members of Congress sharing some interest or characteristic. Caucuses pressure for committee meetings and hearings and for votes on bills. Caucuses can be more effective than lobbyists.

How Congress is Organized to Make Policy Congressional Staff Personal staff: Work for the member. Mainly providing constituent service, but help with legislation too. Committee staff: organize hearings, research & write legislation, target of lobbyists. Staff Agencies: CRS, GAO, CBO provide specific information to Congress.

Powers of Congress Legislative: power to make laws Expressed- Article 1 Section 8 Implied powers- “necessary and proper” or elastic. Article I, Section 8, Clause 18 Limitation on Powers- Article I, Section 9, and Tenth Amendment

Non Legislative Powers Electoral powers- Amendment powers Impeachment Executive powers of Senate- approve appointments of President and treaty making Investigative/ Oversight

Lawmaking Process Legislation: ( see handout in packet) Bill: A proposed law. Anyone can draft a bill, but only members of Congress can introduce them. More rules in the House than in the Senate. Party leaders play a vital role in steering bills through both houses. Countless influences on the legislative process.

The Congressional Process Presidents and Congress: Partners and Protagonists Presidents have many resources to influence Congress In order to “win” in Congress, the president must win several battles in each house. Presidents have the power of veto to ultimately influence legislation.

The Congressional Process Figure 12.5

Earmarks aka Pork Earmarks are a legislative provision that directs approved funds to be spent on specific projects, or that directs specific exemptions from taxes or mandated fees. Congressmen will put earmarks into large bills that have no relation to the subject. It is a form of pork barrel spending that often drives the American public crazy.

What do you think about earmarks and pork barrel spending What do you think about earmarks and pork barrel spending? Do you think that Congressmen and women are looking out for their private interests? Do you think it is hypocritical of them, or are they just trying to help their constituencies (people in their district)? How does the below cartoon influence your thoughts?

Legislative Tactics Caucuses- form voting blocs The Committee system Filibuster and Cloture Pork barrel legislation Logrolling Riders Amendments Lobbying Legislative veto

Influences on Congress Constituents Other lawmakers and staff Party influence President Lobbyists and interest groups

The Congressional Process Party, Constituency, and Ideology Party Influence: Party leaders cannot force party members to vote a particular way, but many do vote along party lines. Constituency versus Ideology: Most constituents don’t know how their member voted on any particular issue. It is difficult for constituents to influence their member.

The Congressional Process Lobbyists and Interest Groups There are over 26 lobbyists for every member of Congress- the bigger the issue, the more lobbyists will be working on it. Lobbyists can be ignored, shunned and even regulated by Congress. Ultimately, it is a combination of lobbyists and others that influence members of Congress.

Understanding Congress Congress and Democracy While it is a representative body, it doesn’t necessarily represent the people, just their interests. Congress does try to respond to what the people want, but some argue it could do a better job. Interest groups and presidents exert influence on what Congress does.

Understanding Congress Reforming Congress Democratization- more power was spread around, and more subcommittees and caucuses were created. Some of this has been changed in recent years Representation versus Effectiveness- some argue that Congress has too much to do, and can’t do much of it right. But it does get some of its work done.

Understanding Congress Congress and the Scope of Government The more policies Congress works on, the more ways they can serve their constituencies. The more programs that get created, the bigger government gets. Everybody wants government programs cut, just not their programs.

Internet Resources House of Representatives U. S. Senate Thomas Roll Call FEC Center for Responsive Politics C-Span Each item is hyperlinked to the website in the book.