Chapter 9 The Congress

Why was Congress Created? The Congress It is a paradox Public opinion of Congress is low while most people regard their own representatives with satisfaction Congress spends a good amount of time serving their constituents Why was Congress Created? Founders feared tyrannical rulers Founders also had experienced the weakness of the congress under the Articles of Confederation Bicameralism attempts to balance the power among large and small states

The Powers of Congress The Constitution is vague and specific about congressional power: Enumerated powers come from Article I, Section 8 of the Constitution control of money, taxation, spending, regulating commerce regulation of trade beyond state borders regulation of military defining the court structure Implied powers come from the necessary and proper clause come from the Supreme Court’s ruling in McCulloch v. Maryland in 1819 allows Congress to enact laws that may assist the Congress in accomplishing goals directly related to the enumerated powers

The Functions of Congress Lawmaking: Most laws originate from the executive branch. Others come from special interests and parties. Logrolling or offering support for another’s bill in return for support for their bill. Constituent service (casework): A considerable amount of time is spent doing this The “Ombudsman” role strongly benefits the member of Congress Representing as a trustee: trust me as an instructed delegate: Do what we tell you to do as a combination of roles Oversight: Follow up on laws which Congress has passed Public education: Whenever there are meetings, hearings, debates on issues, agenda setting. Congress decides what the political agenda is going to be Conflict resolution: Solving differences among special interest groups

House and Senate Differences House: More members means more rules Rules Committee: Proposes time limitations for debate Senate: Permits extended debate Filibustering, but… Rule 22 ends debate with a Cloture vote More Prestige due to lower number of senators However, items move faster in the House than in the Senate because of the organizational structure and function

Congresspersons and the Citizenry: A Comparison Not typical Tend to be older White, male, Protestant, professional – mostly lawyers The 2000 election brought changes 14 women in the Senate 62 women in the House Legislators are getting younger

Congressional Elections Operated by individual state governments (decentralized) Every district contains about 600,000 people House of Representatives elected every two years by popular ballot number of seats is determined by population each state has at least one representative each district has about a half million residents Rules Committee (gate-keeping power) Remember: The re-election goal is the strongest motivator behind the activities of the Congress (Advertising, credit claiming, and position taking) U.S. Senate elected every six years by popular ballot (since ratification of the Seventeenth Amendment) one third of the Senate is elected every two years each state has two Senators

Congressional Elections Cont. $5 million for a Senate seat $770,000 for a House seat Candidates have to win a direct primary by party identifiers before the general election Midterm elections are usually a response to incumbency issues

Congressional Reapportionment Reapportionment – the allocations of seats in the House of Representatives to each state after each census vs. Redistricting – the redrawing of the boundaries of the districts within each state Gerrymandering: Altering the shape of the district to maximize its electoral strength at the expense of the minority party Minority-Majority districts: Interpreting the Voting Rights Act of 1965, created congressional districts in the 1990s, that would maximize the voting power of minority groups (NC’s 12th District) But it violated the equal protection clause of the Constitution

Pay, Perks and Privileges Pay: In 2001 it was $158,100 a year Speaker: $203,000 Majority and Minority Leaders: $175,700 Benefits: Franking privileges, huge staffs, Congressional Research Service (a computer-based record of legislative status of major bills that are up for consideration) Arrest/immunity clause

The Committee Structure of Congress Thousands of bills are introduced in every session of Congress The committee system (“little legislatures”) is a way to provide for specialization, or a division of legislative labor Chairpersons wield much power over the committee’s agenda Standing committees: (most important) permanent bodies that are established by the rules of each chamber of Congress and continue from session to session There are many Subcommittees Select committees: Created for a limited time for a specific purpose. They disband after they report Joint committees: Formed by the concurrent action of both chambers of Congress and consists of members of both chambers. May be permanent or temporary Conference committees: Formed for the purpose of achieving agreement on the exact wording of a bill when the two chambers pass legislative proposals in different forms (“third house of Congress”). They have much power over changes in the bill

The Selection of Committee Members House: Appointed to standing committee by the Steering committee The Seniority System: Unequal but traditional

Leadership in the 108th U.S. Congress House of Representatives Speaker of the House: Dennis Hastert House Majority Leader: Tom DeLay House Minority Leader: Nancy Pelosi House Majority Whip: Roy Blunt House Minority Whip: Steny Hoyer U.S. Senate President of Senate: Dick Cheney (essentially ceremonial) President pro tempore of the Senate: longest continuous service in majority party – Ted Stevens of Alaska – 34 years – 5th most senior overall in the Senate Majority Floor Leader: Bill Frist Minority Floor Leader: Tom Daschle Senate Majority Whip: Mitch McConnell Senate Minority Whip: Harry Reid

How a Budget Bill Becomes a Law In 1922, the Congress required the president to prepare and present an executive budget Became part of 13 appropriations bills In 1974, the Budget and Impoundment Control Act was passed Requires the president to spend the funds that Congress has appropriated It also forced Congress to examine total taxing and spending twice in each budget cycle by the General Accounting Office (GAO) All tax bills begin in the House chamber The (FY) Fiscal Year is from Oct. 1 to Sept. 30 It is prepared 18 months prior by the Office of Management and Budget (OMB), the Council of Economic Advisers, and the Treasury OMB outlines the budget and sends it to the different depts. Bargaining follows among the departments OMB gathers documents for a Spring Review and a Fall Review Economic Report of the President is out by January

How a Bill Becomes a Law, Cont. After January, Congress faces the budget in two steps: (1) Authorization (proposed bill) On the advice of committees, subcommittees and the Congressional Budget Office (CBO) Then sent to Appropriation Committees in each chamber (2) Appropriation (final bill) Once funds are authorized, they are appropriated Congress does not have to appropriate all the money The First budget resolution is in May It sets the proposed overall spending targets and goals Long summer of budget fights Second budget resolution in September that sets binding limits on taxes and spending for the FY beginning Oct. 1 Continuing resolutions: When FYs start without a budget

Congressional Ethics The most serious public relations problem facing the Congress today Could public financing of congressional campaigns be the answer to problems of financial misconduct?

Hot Links to Selected Internet Resources: http://www.wadsworth.com/cgi-wadsworth/course_products_wp.pl?fid=M2&discipline_number=20&product_isbn_issn=0534592651 http://www.wadsworth.com/politicalscience www.senate.gov/ http://www.house.gov http://www.senate.gov http://www.rollcall.com http://www.pollingreport.com