Congress Chapter 11

Food for thought… Why is Article I so long and Articles II and III so short? What does this reveal about the Framers view of Congress?

Evolution of congress

Intentions of founders Fear of excessive power concentrated in a single institution Fear of mob rule by impassioned majority Concern about manner of representation in Congress Solution to all these concerns: BICAMERAL LEGISLATURE Belief that Congress would be the dominant branch of gov’t

Conflict over distribution of power in the congress Centralization Decentralization Congress can act quickly and decisively, but at the expense of individual member and the constituents Strong central leadership Restrictions on debate Few opportunities for stalling tactics Minimal committee interference Streamlined legislative process Minimal public scrutiny Protect and enhance the interests of individual members and their constituents, but prevent quick, decisive action Weak central leadership Few restrictions on debate Numerous opportunities for stalling Powerful committee influence Complicated legislative process Close public scrutiny

Evolution of congress 1970’s: Power of subcommittee chairmen and individual members increased Developments in the Senate More naturally decentralized Fewer members, fewer formal rules Lack of a Speaker Lack of strong Rules Committee Democratization of Senate—17th Concern over length of debate FILIBUSTER 1917: means to kill a filibuster

Recent developments 104th Congress (1995-1997): new republican majority Speaker Newt Gingrich, Contract with America Term limits for committee chairman 110th Congress (2007-2009) Speaker Pelosi’s “Hundred Hours of Congress” 113th/114th (2013-2016) Obstructionism as a key strategy Filibuster has become increasingly controversial

Overview of congress

Terms and sessions 2 years Terms begin January 3rd every odd-numbered year Numbered consecutively Adjournment: end of a term, date agreed upon by both houses Two regular sessions per term

Bicameralism House of Rep’s was designed to be closer to the people Members elected directly by the people 2 year-term Entire body elected every 2 years Revenue (tax) bills must originate in the house Senate designed to be more removed from the people Members indirectly elected (originally) Elected at an at-large basis 6 year term 1/3 of Senate is up for re- election every two years

House of representatives Size Determined by Congress (435 since 1911) Members elected by districts, not states Determined by population Terms of office are fixed Term limits deemed unconstitutional Qualifications: 25 y/o, citizenship for 7 years, residency in state

senate Size Terms of office: six years 100 members Smaller size allows for less formality Terms of office: six years Qualifications: 30 y/o, citizenship for 9 years, residency in state

compensation Members set their own salaries: 27th Amendment prevents raises from taking effect until following term. Most recent salary: $174,000 Other perks: staff, travel allowance, franking privilege, insurance Legislative immunity

Homework discussion 1. Describe the typical House member. 2. Describe the typical Senator 3. How do 1 and 2 differ, and how are they similar? 4. Which statistic most surprised you, and why? 5. Which statistic best represents the concept of representative government, and why? 6. Which statistic least represents the concept of representative government, and why? 7. How does the 114th Congress compare to the 115th (new Congress)? What significant changes are accounted for? What new groups gained traction in the 2016 election? 8. What statements can be made about the campaign and election process, and about perceptions of Congress, from these statistics?

membership Overrepresentation of white, male, Protestant, upper-middle class lawyers in their 50’s. 115th Congress: most diverse! Perfectly possible for “overrepresented” demographic to represent others

The incumbency advantage

Scope of advantage Reelection rate in the House: 94% (2014) Reelection rate in the Senate: 82% (2014) Relatively few seats are seriously contested in the House. “Safe seats” Charges of “Permanent Congress” Counterargument?

II. Advantages of incumbency Franking privilege Money! Staffers & campaign staff already in place Incumbents outspend challengers 3:1 Incumbents build up a “war chest” Patronage Name recognition Especially from PAC’s Credit claiming: Casework done for constituents Pork barrel projects for district

Warm up questions Explain what characteristics of the House of Reps. make it closer to the people. What characteristics make the Senate more removed? What is the incumbency advantage? What advantages do incumbents have over their challengers that make reelection rates so high?

Food for thought…  "As a mapmaker, I can have more of an impact on an election than a campaign, than a candidate“—David Winston

III. gerrymandering A special advantage for members of the House Winner-take all, single member districts Reapportionment: Census shows population changes and these changes are reflected in state representation in the house. State legislatures re-draw boundaries. District boundaries are drawn to favor the party in power Packing a district—concentrate opposing party in a few districts Cracking a district—draw lines to disperse opposing party and dilute their strength

Yellow: State legislatures Green: independent commissions Purple: Independent commission but voted on by legislature Gray: State with only one congressional district

Effects of gerrymandering The party in power STAYS in power “Safe” seats are created for incumbents Strangely shaped districts “Majority-minority” districts are created by racial gerrymandering

Redistricting requirements Districts must be as near equal in population as possible Baker v. Carr (1962): “one man, one vote” applied to state districts to correct overrepresentation of rural areas District lines must be contiguous Racial gerrymandering is prohibited Shaw v. Reno (1993)

Gerrymandering Examples of Crazy gerrymandering

The structure & powers of congress

Turn and talk Think back to September…what are some of the enumerated/delegated powers given to Congress?

Expressed powers (enumerated/delegated) Levy taxes Punish counterfeiters Spend money for the common defense Establish post offices Grant copyrights & patents Borrow money Create lower courts Regulate foreign and interstate commerce—BROADLY interpreted Define & punish piracy Declare war Establish naturalization laws Raise & support an army/navy Coin money Establish weights and measures

Implied powers Based on Elastic Clause Examples: Nat’l Bank, conscription, creation of the CIA Strict vs. loose constructionists

Institutional powers—those that relate to the system of checks & balances House Senate Ratifies treaties with 2/3 vote Senate approves presidential appointments with majority vote Tries impeachment Votes for impeachment Elects President if no Electoral College majority Both houses can: Propose constitutional amendments Can seat, unseat, and punish its own members

Cup & saucer Does anybody know the purpose of a saucer when you are drinking a cup of tea? The saucer is intended to cool the tea, just like the Senate is meant to “cool” the House.

Leadership in congress

Leadership House Senate Speaker Majority/Minority Leader Majority/Minority Whip Senate Vice President President Pro-Tempore Majority Leader Minority Leader Party Whips

How a bill becomes a law

Bill introduction Less than 10% actually pass Ideas for most bills originate in the executive branch Introduced in either house, except tax bills (House only) Diffusion of power is evident Proponents need many victories, opponents need only one Two-step legislative process: 1) Authorization & 2) Appropriation Passage requires only a simple majority

Committee action Importance of “correct” committee getting a bill Committee actions Pass. Bill is “reported out” to full house for consideration Kill Amend— “markup session”. Earmarks added by individual members Pigeonhole—postponed indefinitely. Most frequent fate of bill Discharge petition Importance of Rules Committee (House ONLY) “Traffic cop” function: sets legislative calendar Established rules on amendments Establishes rules on floor debate

Floor action Senate allows filibusters Even threat of filibuster is effective 3/5 vote for cloture Senate allows non-germane amendments. “Christmas tree” bills. Senate allows one member to place a hold on a bill or nomination

Conference committee action Comprised of members from both houses Temporary committee reconciles different House-Senate versions of bill, then sends it back to each house for a vote

Presidential action Sign the bill in full Veto the bill in full can be overridden by 2/3 vote in both houses Ignore the bill After 10 days, the bill automatically becomes a law If, however, in that 10 day period, Congress adjourns, the bill is pocket- vetoed Line-item veto given to President in the 90’s Ruled unconstitutional in Clinton v. NY (1998)

The committee system

Congress in session is Congress on public exhibition, whilst Congress in its committee-rooms is Congress at work” --Woodrow Wilson

introduction Real work is done in committees and subcommittees, not on the floor Before a bill reaches the floor it must first pass through committee Committee functions: -Analyze legislation -Conduct investigations -Conduct oversight

Selection of committee members Get on the right committee One in which the member can best serve his/her constituents and get reelected Members make a “wish-list” of choices and Steering Comm. assigns Majority in the house= majority on the committees Committee chair is majority party, ranking member is minority party

Selection of committee chairs Power of chairmen: set committee agenda, hire staff, membership on subcommittees Chairmen are selected by secret ballot in party caucuses or conferences Seniority system Advantages Disadvantages Decentralization of the 70’s

Types of committees

standing committees Permanent committees of Congress with legislative, investigative, and oversight powers In the House: Rules Ways and Means Appropriations In the Senate: Finance Appropriations Foreign Relations Judiciary

Conference committees Temporary committees compromised of members from both houses Compromise language on a bill

Other types Select committees: limited or temporary purpose Ex- Select Committee on Benghazi Joint committees: members of both houses for temporary purpose (usually)

Influences on members of congress From what we have studied thus far, list different ways that members of congress are influenced.

Influences on members of congress Constituent convictions—DELEGATE role and representational voting Campaign contributors The media Members’ convictions—TRUSTEE role and attitudinal voting Iron triangles (subgovernments) Political party Their peers—reciprocity (exchange of favors) and logrolling (exchange of votes) Congressional staff members Interest groups / lobbies / PACs Congressional caucuses The President

Case against congress Congress is inefficient Congress is unrepresentative Congress is unethical Congress is irresponsible Congress delegates excessive power to the executive branch