The Institutions Unit IVA Congress

The Capitol

Structure of Congress

Powers of Congress Lay and collect taxes Borrow money Regulate interstate and foreign commerce Naturalization rules Coin money and set its value Create lower federal courts Declare war Necessary and proper laws Bankruptcy rules Punish counterfeiters Fix weights and measures Post office and postal roads Issue patents and copyrights Piracy laws Raise army and navy Provide for militia Run D.C.

Non-legislative Powers House of Representatives elects president if no electoral majority Propose amendments with 2/3 majorities from both houses House of Representatives may impeach; Senate tries Senate approves presidential appointments (majority vote) and treaties (2/3 vote) ADVICE AND CONSENT OVERSIGHT – investigate/monitor the other branches, executive agencies

Meeting of Congress Both houses meet for a term of two years Makeup of congressional terms determined by congressional elections every two years Terms begin on January 3 rd of odd-numbered years 2012 Elections were in November 113 th Congress began on term on January 3, 2013 Special sessions President may call Congress in times of emergency situations or significant political developments Pearl Harbor in December 1941

House of Representatives Chamber

Senate Chamber

Evolution of Congress From 1789 to 1932, Congress virtually dominated the national government Exceptions under Jackson, Lincoln, T. Roosevelt, and Wilson From 1932 to the present the President has become the focus of national government power and authority In conjunction with expansion of government with FDR’s New Deal programs

Electing the House Directly elected by the people every two years Most (originally) responsible to electorate Frequency of elections Congress established 435 seats in the House in 1911 Apportionment Distribution of legislators based on state’s population Reapportionment Redistribution of legislators based on state’s population after decade census Redistricting Redrawing of congressional districts based on reapportionment State legislatures in charge of redistricting Gerrymandering Redistricting to favor a political party or group

Electing the Senate Staggered terms State legislatures originally elected senators “Millionaires’ Club” Seventeenth Amendment Popular election of senators

Incumbency Effect Current office holders winning reelection Advantages Name recognition Credit claiming Casework Visibility Media exposure Fund-raising Campaign experience Voting record Disadvantages Mistrust of government Unpopular political party Redistricting effect “Held responsible”

Privileges of Congress Salaries $174,000 $193,400 for Senate and House leaders $223,500 for Speaker of the House Benefits include pensions, health coverage Office Allowances Travel Allowances Franking Privilege Immunity Cannot be arrested during Congress business Cannot be sued for libel/slander during Congress business

Congressional Staffers Personal Staff Directly work for members in D.C. and district/state offices Committee Staff Research and analyze issues in committees and subcommittees Leadership Staff Work for congressional leaders such as Speaker of the House Institutional Staff Clerks, janitors, police/security of the Capitol Support Agency Staff – non-partisan Congressional Budget Office (CBO) - finances Congressional Research Service (CRS) – think tank, analysis Government Accountability Office (GAO) – audits, investigations

Congressional Term Limits Congressional members have NO term limits May be reelected as many times as possible U.S. Term Limits, Inc. v. Thornton (1995) Supreme Court overruled Arkansas law imposing term limits on U.S. congressional representatives

House Districts by Party (112th Congress)

Senate States by Party (112th Congress)

Congressional Makeup Age House median age - 57 Senate median age - 62 Occupation 209 members from business 200 members from law Race/Ethnicity Whites % Blacks % None in Senate Hispanics % Asians % Religion 56.8% Protestant 29.2% Catholic 7.3% Jewish Gender 18% female in House 18% female in Senate Most women from Democratic Party

Congressional Leadership HOUSE OF REPRESENTATIVES Speaker of the House Presides over the House Most powerful person in Congress Most powerful member from majority party Assigns bills to committee, controls floor debate, appoints party member to committees and chairs Majority Leader Assists Speaker of the House Plans party’s legislative program Directs floor debate Minority Leader Represents leader of opposition party Majority and Minority Whips Assist in party voting, inform on voting, vote counts, voting pressure SENATE President of the Senate Vice-President presides Votes only to break a tie President Pro Tempore Majority party senior member to preside in absence of VP Majority Leader Most powerful Senate member and party spokesperson Minority Leader Represents leader of opposition party Majority and Minority Whips Rallies respective party member to votes, vote counts

Lawmaking Process

Bills and Resolutions Bill – proposed legislation to become law on passage by both chambers and signed by the President Public bill – affects the general public Private bill – affects a private individual Simple Resolution (non-binding) Applied and passed by either chamber to establish rules of procedures or sense of chamber Concurrent Resolution (non-binding) Applied and passed by both chambers to establish rules and procedures for both houses Allow a joint session of Congress, provide recess, creating a temporary joint committee Joint Resolution Legislative measure passed by both chambers and signed into law by President For declarations of war, temporary exceptions to laws, authorize small appropriations, establish temporary commissions Gulf of Tonkin Resolution War Powers Resolution

Types of Legislative Actions Distributive Distribution of goods/services for general public i.e. highway construction project Redistributive Using taxes on one segment of population for entitlements on another segment i.e. welfare program Regulatory Limits on groups and individuals i.e. Clean Air and Water Act

Introducing a Bill Only a member of Congress may introduce a bill May be suggested by executive administration, interest groups, citizens Revenue bills may only originate in the House of Representatives House of Representatives handed to the Clerk of the House or placed in the hopper Introduced and assigned a number, ex. H.R. 913 Senate Handed to the presiding officer or introduced on floor Introduced and assigned a number, ex. S. 913

The Hopper

Committees Speaker of the House/Presiding Officer of Senate assign bills to appropriate committees The brunt of deliberating, discussing, debating of a bill is done in committees GATEKEEPING AUTHORITY PROPOSAL POWER Allows for specialists to determine merits of a bill and speed up legislative process

Types of Committees Standing Committee Permanent committee over specific policy Select Committee Temporary committee for specific purpose Joint Committee Made up of members of both houses Conference Committee Temporary committee of both houses to resolve differences of chamber versions of a bill Subcommittee Subset of a standing committee

Standing Committees House Rules Ways and Means Appropriations Judiciary Agriculture Armed Services Budget Education and Labor Foreign Affairs Homeland Security Energy and Commerce Natural Resources Science and Technology Small Business Veterans’ Affairs Senate Appropriations Finance Judiciary Foreign Relations Agriculture, Nutrition, Forestry Armed Services Banking, Housing, Urban Affairs Budget Commerce, Science, Transportation Energy and Natural Resources Environment and Public Works Health, Labor, Education Homeland Security Rules and Administration Small Business Veterans’ Affairs

Committee Leadership Committees are headed by a CHAIRPERSON All chairpersons are from the majority party in the respective chamber Set committee agendas, assign subcommittee members, decide on hearings and witnesses Used to be based on seniority system Now usually long-standing member of committee

Committee Membership The percentage of a committee reflects overall percentage of political party members in respective chamber Members desire relevant committees related to districts and/or experience Ambitious members strive for membership in major standing committees and/or become chairperson Committee assignments based on party leadership and patronage

Committee and a Bill Committees can assign a bill to subcommittees Subcommittees refer bill back to committee Committees can TABLE a bill thereby killing it Committees can revise and add to a bill or MARK- UP REPORTED OUT by committee for floor debate and vote If not reported out, House of Representatives may call for a DISCARGE PETITION (requires absolute majority, 218 votes)

House Rules Committee In the House of Representatives, once bills are reported out they are sent to the RULES COMMITTEE Nothing like this in the Senate Sets rules, restrictions, and times on bills during floor debate with input by Speaker of the House CLOSED RULE – severe limits on floor debate and amendments Bill proponents tend to prefer closed rule OPEN RULE – allows floor debate and amendments Bill opponents tend to prefer open rule

House Floor Debate Controlled by the Speaker of the House and limited by Rules Committee Amendments must be GERMANE, or relevant, to the bill RIDERS (additions not relevant to the bill) are not allowed Once debate is completed or terminated, bill heads to a vote

Senate Floor Debate The Senate has unlimited debate Amendments and riders are allowed FILIBUSTERS (only in Senate) A bill could be killed by senators delaying its passage by “talking it to death” CLOTURE (only in Senate) Debate can be ended with 60 votes; prevent filibusters HOLDS (only in Senate) Designed to stall or prevent a bill from being vote on Anonymous or public Strom Thurmond filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957

Voting on a Bill QUORUM/QUORUM CALL A majority of members must be present to vote, conduct business 218 in the House; 51 in the Senate PARTY VOTE House of Representatives Electronic vote Roll call Teller vote Senate Roll call Voice vote

Finalizing a Bill Once either chamber passes a bill it is ENGROSSED and sent to the other chamber for passage Both chambers must pass an identical bill If there are differences (riders, amendments), then the versions sent to CONFERENCE COMMITTEE

To the President President signs the bill into law May also become law after 10 days President vetoes the bill Congress may override veto with 2/3 majority of both houses Pocket veto President ignores bill; after 10 days if Congress has adjourned, the bill dies

Other Legislative Tactics EARMARKS Expenditures for specific recipients determined on appropriations- based legislation PORK BARREL Pass appropriations and/or projects for one’s specific district/state LOGROLLING Support a bill for support on another bill CAUCUSES Informal voting blocs among members who share common goals i.e. Congressional Black Caucus LEGISLATIVE VETO Reject executive action by House and/or Senate Ruled unconstitutional in Immigration and Naturalization Services v. Chadha

How a Member Represents and Votes Representational Delegates and trustees of their districts/states Vote based on interests and beliefs of districts/states CASEWORK Organizational Influenced by party members, president, lobbyists Vote based on party lines PATRONAGE Attitudinal Based on ideology, personal beliefs