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) Speaker Pelosi’s “Hundred Hours of Congress” 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

membership Overrepresentation of white, male, Protestant, upper-middle class lawyers in their 50’s. 114th 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 Staffers Patronage Name recognition Casework & pork barrel Money, especially from PAC’s

III. gerrymandering A special advantage for members of the House Reapportionment: Census shows population changes and these changes are reflected in state representation in the house District boundaries are drawn to favor the party in power Effects: 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: “one man, one vote” applied to state districts to correct overrepresentation of rural areas District lines must be contiguous Racial gerrymandering is prohibited

The structure & powers of congress

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

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

Institutional powers—those that relate to the system of checks & balances Senate House 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