The Legislative Branch: Congress

The Evolution of Congress Intent of Framers Congress generally dominant over the presidency for more than 140 years. Rise of party control Popular Election of Senators in 1913

Congressional Functions Representation Lawmaking Consensus building Overseeing (Oversight) Policy clarification

Who is in Congress? Requirements – Senate – 30 years old, a citizen for 9 years and a resident of the state; House of Representatives – 25 years old, a citizen for 7 years and a resident of the district he or she represents. Years of service – No terms limits, thus the “incumbency effect” Party Affiliation Sex, race, religion?

Getting Elected Representatives elected from single member districts Senators serve six year terms and Representatives serve two year terms. One-third of the senators are up for re-election every two years, making the Senate a continuous body. Congress decides size (435) of the House of Representatives– reapportioned (redistributed) every 10 years The “incumbency effect” occurs due to name recognition, casework for constituents, media exposure, experience, voting records. No term limits.

Gerrymandering State legislatures draw new Congressional electoral district boundaries after reapportionment. Problem of drawing district boundaries can result in gerrymandering, the drawing of electoral district lines to the advantage of a party or group. In Baker v. Carr (1961)* the Supreme Court ruled that it has jurisdiction over questions of legislative apportionment due to the 14th Amendment’s equal protection clause. In Shaw v. Reno (1993)*, the Court ruled that legislative redistricting must be conscious of race and be in compliance with the Voting Rights Act of 1965, but cannot segregate by race, even with noble intentions.

Organization of Congress Senate leaders are the majority leader and the minority leader. The Vice President is the President of the Senate. The Speaker of the House is the leader of the House of Representatives. Party whips keep leaders informed Senate Policy Committee gives senators committee assignments House Rules committee – controlled by the Speaker of the House Party of majority controls all committee chairs and majority members of every committee

Types of Committees Standing Committees, Select Committees, Joint Committees, Joint Conference Committees The Senate has 20 committees, 68 subcommittees and four joint committees including Foreign Relations, Armed Services, Health, Education, Labor and Pensions and Homeland Security and Governmental Affairs (see www.senate.gov for full listing and specific information.) The House of Representatives has 22 committees and more than 100 subcommittees including Agriculture, Education and Labor, Rules, Science and Technology and Ways and Means (see www.House.gov for full listing and specific information.)

Roles and Privileges of Members of Congress Policymaker Representative (Delegate or Trustee?) Constituent Servant Committee Member Politician/Party Member Privileges: Offices and staff Travel allowances Franking privilege Immunity from certain charges

Congressional Powers Delegated Powers: Article I, Section 8 - tax, defend, borrow money, regulate commerce, raise and regulate an army, declare war Implied Powers: Article I, Section 8, Clause 18, Necessary and Proper Clause, Elastic Clause The Senate has the power to confirm presidential nominations such as Supreme Court justices, ambassadors, federal judges, ratify treaties and hold impeachment trials. All revenue bills (raising taxes) must start in the House. Congress can also override a presidential veto and initiate amendments. Oversight Power

How a Bill Becomes a Law http://bensguide.gpo.gov/9-12/lawmaking/index.html When debating a bill, the Senate may use the filibuster, but the House debate is limited. The Rule of Cloture ends a filibuster.

Influences on Lawmakers Ideology Colleagues Staff Party President Constituents Lobbyists and Special Interest Groups Media

Legislative Tactics Caucuses The Committee System Filibuster and cloture Pork Barrel Legislation Logrolling Riders Amendments Lobbying Legislative veto (used between 1932 and 1980, but declared unconstitutional in 1983.