2. 10 Congress The People’s Branch
On August 2, 2011, the Dow Jones went up on the New York Stock Exchange at the news of a deal to raise the debt ceiling.
Congress was created to be the legislative branch of the U.S. government. The Constitution granted a number of exclusive powers and responsibilities to Congress. While the role of Congress has changed throughout the years, the institution still retains its main function as representatives of the people.

3. 10
Learning Objectives
Describe the congressional election process and the advantages it gives incumbents
10.1
This chapter examines the design of the legislative branch and explores the powers given to Congress. We’ll learn how representatives and senators make policy once they are in office. We’ll follow the path of a bill from introduction to passage. We also discuss how a bill becomes a law and explore the ethics issue in more detail.
Differentiate the powers of Congress, and compare and contrast the structure and powers of the House and Senate
10.2

4. 10
Learning Objectives
Compare and contrast the leadership systems used in the House and Senate, and explain how work is done through congressional committees
10.3
Identify the steps by which a bill becomes a law and the ways a bill can be stopped at each step
10.4 4

5. 10
Learning Objectives
Characterize the two ways legislators represent their constituents, and identify the various influences on their votes
10.5
Evaluate the influence of citizens on the legislative process
10.6

6. Congressional Elections
10.1
Congressional Elections
Drawing District Lines
Advantages of Incumbency
The 2012 Congressional Elections
House members have two-year terms. They tend to maintain closer relationships with the voters because of their short terms and smaller constituencies. Senators serve for six years and represent larger, more diverse populations. The Senate was intended to be more deliberative than the House and to reflect upon issues with national implications.
In this section, we will learn more about the differences between the two houses of Congress, and the advantages of incumbency.

7. Drawing District Lines
10.1
Drawing District Lines
Representatives serve state districts
Number of districts determined by state population per U.S. Census
“Reapportionment”
States have power to draw district lines
Redistricting
Gerrymandering
Members of the House of Representatives serve districts within their states. A state’s population determines the number of districts. The exact number of districts assigned to each state is determined by a national census of the population taken every 10 years. As the population changes, so does the potential number of districts in each state. This process of changing the number of seats allotted to each state is called reapportionment.
All states are guaranteed two senators and at least one representative. The Constitution gives the states the power to draw House district lines for the number of seats within their borders, a process known as redistricting. District lines can be drawn to favor one party; in extreme cases, this process is known as gerrymandering.

8. Advantages of Incumbency
10.1
Advantages of Incumbency
Most incumbents win re-election
Senate seats more vulnerable than House
Incumbent advantages over opponents
Providing constituent services
Visible presence
Influence legislation and spending within district
Free media access
Experience in elections
In a district where one party has a clear majority of voters, the election of the candidate from the dominant party is virtually ensured. Most incumbents, or current office-holders, win their bids for reelection. Senators are more vulnerable to defeat than incumbent representatives.
Incumbents have a number of advantages that make them very hard to defeat, including providing constituent services and maintaining a visible presence at home. Incumbents also use their positions to influence legislation and federal spending to help their districts.
Finally, incumbents have greater “free media” access through newspapers and television than their opponents, and tend to be skilled and experienced campaigners.

9. 10.1 FIGURE 10.1: Congressional election results, 2010 and 2012
How did the party balance of Congress change after the 2010 elections, and what effect, if any, will that have on how Congress functions?

10. The 2012 Congressional Elections
10.1
The 2012 Congressional Elections
2010 midterms – GOP gains
Republicans take House majority
Republicans gain governorships
2010 midterms
Record amounts of spending
Emergence of Tea Party
Interpreted as rejection of health care bill
Reaction to poor economy and political stalemate
In the 2010 midterm elections, Republicans won more than 60 seats in the House and recaptured the majority they lost in They also gained at least 11 governorships, who are heavily involved in redistricting House seats in their states.
The 2010 election involved record amounts of campaign spending, and the rise of anti-government candidates from the Tea Party, a highly conservative wing of the Republican Party. The election was interpreted as a rejection of the Obama administration’s health bill. It was also seen as a reaction to continued economic woes, unemployment, and political stalemate.
The economy was the number one issue listed by voters in explaining their vote. The president’s party almost always loses seats during midterm elections, but rarely loses its majority as it did in the 2010 midterms. With government under divided control, both parties began preparing for a tough election battle in 2012.

11. 10.1
Elizabeth Warren
Democratic candidate for U.S. Senate Elizabeth Warren greets a voter during a campaign stop. Warren defeated incumbent Republican Senator Scott Brown by 8 percentage points.

12. 10.1 Which of the following is an advantage enjoyed by an incumbent?
Visibility
Constituent service
Free media access
All of the above
Let’s see what you have learned about the advantages of incumbency.

13. 10.1 Which of the following is an advantage enjoyed by an incumbent?
Visibility
Constituent service
Free media access
All of the above
Incumbents have an enormous advantage over opponents in terms of visibility to voters, a record of constituent service to build voter loyalty, and free access to the media and postal services.

14. The Structure and Powers of Congress
10.2
The Structure and Powers of Congress
A Divided Branch
The Powers of Congress
As we will see in this section, it was expected by the Framers that Congress would be the most important branch of government. In an effort to keep Congress from dominating the other branches, the legislative branch was divided into two separate chambers, the House of Representatives and the Senate. House members and senators have different terms of office and represent different groups of voters, districts versus states. Further, Congress was originally elected through very different means. House representatives were elected by popular election and senators were elected by state legislatures.

15. A Divided Branch 10.2 Bicameralism House and Senate maintain separate:
Two-house legislature
House and Senate maintain separate:
Committee structures
Legislative rules
Records
Rules for own members
Congress is bicameral, which means that is is divided into two chambers, the House of Representatives and the Senate. Each chamber has its own committee structure, rules for considering legislation, record of proceedings, and rules governing its own members. The Senate and the House meet in their own wing of the Capitol Building.

16. The Powers of Congress 10.2 Enumerated powers Implied powers
To raise, make, and borrow money
To regulate commerce
To unify and expand the country
To prepare and declare war
To create the federal judiciary
Implied powers
Necessary and proper clause
Governmental checks on authority
Power to impeach presidents and judges
The Constitution lists, or enumerates, certain powers to Congress. The first power delegated to Congress was the power to tax. Most of the others fall into five categories:
to raise, make, and borrow money
to regulate commerce
to unify and expand the country
to prepare and declare war, and
to create the federal judiciary. Many of these powers are limited in some way.
Congress also has implied powers through the “necessary and proper” clause in the Constitution, and Congress has the power to remove the president and judges from office through the impeachment process.

17. 10.2
Alcee Hastings
Alcee Hastings was one of only seven federal judges ever impeached and removed from office by Congress. He was impeached for corruption by the House in 1988 and removed by the Senate in Despite his past, Hastings was elected to the House in Florida’s 23rd district in 1992, and was reelected in 2012.

18. 10.2
TABLE 10.1: Differences between the House of Representatives and the Senate
How are the rules for debate in the House and Senate related to their relative sizes and traditions?

19. 10.2 Which of the following is NOT a power of Congress?
Regulate commerce
Taxation
Borrow money
Command armed forces
What have you learned about the powers of Congress? Please answer this multiple-choice question.

20. 10.2 Which of the following is NOT a power of Congress?
Regulate commerce
Taxation
Borrow money
Command armed forces
The president is the commander in chief of the armed forces.

21. Congressional Leadership and Committees
10.3
Congressional Leadership and Committees
Leading the House of Representatives
Leading the Senate
Congressional Committees
The House and Senate have different kinds of leadership and rules, as we will discover in this section. While the House holds tight control over its large number of members, the Senate has much looser controls. This makes legislation easier to pass in the House than in the Senate.

22. Leading the House of Representatives
10.3
Leading the House of Representatives
Speaker of the House
Most powerful leader on Capitol Hill
Other House officers
Majority and minority leaders
Whips
The House Rules Committee
Most powerful committee in either chamber
Governs floor debates and bill amendments
Due to its size, the House gives its leaders more power than the Senate gives theirs. The most powerful leader on Capitol Hill is the Speaker of the House. The post is always filled by the majority party. The Speaker recognizes members who rise to speak and rules on questions of procedure. The Speaker is elected by the majority party caucus. Led by the Speaker, the caucus determines the legislative agenda for the House. A majority leader helps plan party strategy and maintain party unity. The minority party elects the minority leader. Assisting each leader are the party whips.
The House Rules Committee is the most powerful committee in either chamber. The Rules Committee decides the rules governing the length of the floor debate and sets limits on the number and kinds of amendments that will be allowed.

23. Leading the Senate 10.3 Senate Same Party leadership structure as
Smaller, looser organization than House
More decentralized than a generation ago
Same Party leadership structure as
House
Majority, minority leaders, whips
President pro tempore leads floor debate
The Senate has the same basic committee structure and elected party leadership as the House. As the Senate is a smaller body, its procedures are more informal. It is a more open, decentralized body now than it was a generation ago.
The Senate is led by the Senate majority leader, elected by the majority party. When the Senate majority leader and the president are from different parties, the Senate majority leader is considered the party’s national spokesperson. Senate floor debate is led by a president pro tempore, usually the most senior member of the majority party; the vice-president fills this role in crucial votes.

24. House Speaker John Boehner
10.3
House Speaker John Boehner
Ohio Republican John Boehner became Speaker of the House in 2011 following the Republican take-over of the House in the 2010 midterm elections. Boehner was known as a moderate for most of his career, but soon found himself under great pressure from conservative Republicans who wanted deep cuts in government spending.

25. Leading the Senate 10.3 Rules Filibuster and cloture motion
Individual senators have the power to engage in unlimited debate, known as the filibuster. A filibuster allows any individual senator to issue a legislative hold, preventing all action. Cloture is the only formal method for ending a filibuster and requires that the final vote on the measure be taken after no more than 30 hours of debate.

26. Old-fashioned filibustering
10.3
Old-fashioned filibustering
Old-fashioned filibusters went through the night. Here, a senator sits on his cot awaiting action to break a filibuster on the Civil Rights Act. Today, the threat alone of a filibuster can require that legislation has a supermajority in order to pass.

27. Congressional Committees
10.3
Congressional Committees
Types of committees
Standing
Rules and administration, budget, authorizing, appropriations, revenue, and oversight
Committees do much of the work in Congress. Standing committees are the most durable and are the sources of most bills. They fall into six types: (1) rules and administration, (2) budget, (3) authorizing, (4) appropriations, (5) revenue, and (6) oversight.

28. 10.3 TABLE 10.2: Congressional standing committees, 2011–2013
This table contains a list of the standing committees in both the House and the Senate. Each political party controls the selection of standing committee members. Most committee chairs are selected on the basis of seniority rule.

29. Congressional Committees
10.3
Congressional Committees
Types of committees
Special or Select
Joint
Choosing committee members
Each party controls the selection of standing committee members
Special role of conference committees
Caucuses
Special or select committees come together to address both short-term and long-term issues. Joint committees have members from both the House and the Senate and exist either to study an issue or to oversee congressional agencies.
A conference committee is a special committee of members from each chamber that settles the differences between Senate and House versions of a bill.
Caucuses are best defined as informal committees that allow individual members to promote shared legislative interests.

30. 10.3
Black Caucus
Members of the Black Caucus often meet to decide what its members should do on particular issues.

31. 10.3 Which type of committee is the source of most bills?
Select
Joint
Special
Standing
Show what you have learned about congressional committees by answering this brief question.

32. 10.3 Which type of committee is the source of most bills?
Select
Joint
Special
Standing
Standing committees remain stable and usually do not change from Congress to Congress.

33. How a Bill Becomes a Law 10.4 How Ideas Become Bills
How Bills Become Laws
Congress operates under a system of multiple vetoes. Through the legislative process, there are dozens of ways a bill can be killed, as you will see in this section. Only approximately one out of ten bills even receives minimal attention. As congressional conflict has risen, passage rates have been declining.

34. How Ideas Become Bills 10.4 Self-crafted policy Other input
Experienced policy experts
Informed public
Party ideology
Members of Congress clearly want to make a difference for their party and country. Many come to Washington with their own policy ideas about national issues such as education, the economy, and foreign affairs.
Others carefully craft their ideas from the informed public or experienced policy makers. Still others rely on party ideology to shape their ideas on the important issues facing the government and the country.

35. 10.4
“Elder statesmen”
Former Republican Senator Alan Simpson joined a small group of former members of Congress who continue to influence major decisions long after they leave office. Called “elder statesmen” by some, they often work together across party lines to build compromises that office-holders cannot.

36. How Bills Become Laws 10.4 Introducing a bill Referral decision
Committee and subcommittee review
Mark up
Discharge
Floor debate and passage
Presidential approval
After a bill has been introduced in either chamber, it is given a number and referred to a specific committee. Most bills go to committee and are never heard from again; a few are referred to subcommittees for hearings and review. If passed, the bill returns to the full committee, where it is subject to another round of hearings.
Should a subcommittee decide to pass a bill, it is “marked up,” or amended, voted on, and sent forward to a full committee, House Rules Committee, or the Senate. A bill can be forced to the floor of the House through a discharge petition signed by a majority of the membership; these are rarely successful.
Once reported to the full chamber, a bill is scheduled for floor action or dropped entirely. After a bill has passed both chambers in identical form, it is delivered to the president, who may sign it into law or veto it. When a bill is vetoed, it is returned to the chamber of its origin by the president with a message explaining the reasons for the veto. Congress can override the veto by a two-thirds vote in each chamber.

37. 10.4 FIGURE 10.2 How a bill becomes a law
Analyzing this legislative process, why is it so much easier for a bill to be killed than passed?

38. 10.4 A committee modification of a bill is known as a(n)__________.
Override
Filibuster
Rider
Mark up
Let’s see what you have learned about the lawmaking process.

39. 10.4 A committee modification of a bill is known as a(n)__________.
Override
Filibuster
Rider
Mark up
Committee members mark up a bill to modify or amend it. This mark up was once done on the bill with pencil marks.

40. The Job of the Legislator
10.5
The Job of the Legislator
Legislators as Representatives
Making Legislative Choices
Congressional Ethics
Membership in Congress was once a part-time job. Pay was low. Legislators came to Washington for a few terms, averaged less than five years of continuous service, and returned to private life. After the Civil War, Congress started to meet more frequently; pay increased and being a member became increasingly attractive. In the 1850s, roughly half of all House members retired or were defeated at each election; by 1994, 90 percent of House incumbents who ran for reelection won. In this section, we will look at what legislators do and how they make legislative choices.

41. Legislators as Representatives
10.5
Legislators as Representatives
Delegates vs. Trustees
Delegates try to do what constituents want
Trustees vote based on what they think is best for their constituents
Are legislators truly representative?
More educated
More likely to be white
Likely to have been lawyers or bankers
Most have previous political experience
Members of Congress perceive their roles differently. Some believe they should serve as “delegates” from their districts, representing the wishes of their constituency. Other members see themselves as “trustees” to act and vote based on what they think is best for their district, even if their constituents oppose that position. Most legislators shift between roles, depending on their perception of the public interest, elections, and the pressures of the moment.
Members of Congress are often very different from their constituents. They are more educated and are much more likely to be white males. They have also been more likely to be former bankers and lawyers, and almost half came to Congress with previous political experience at the state or local level.

42. Making Legislative Choices
10.5
Making Legislative Choices
Colleagues
Logrolling
Congressional staff
Constituents
Ideology
Interest groups
Legislators often depend on the advice of colleagues in Congress to determine how they should vote. When they don’t have a direct interest in a bill, they may support a colleague who does, with the expectation that they will receive similar support for bills they do care about. This practice is called logrolling.
Legislators rarely vote against the wishes of most of their constituents. However, they mostly hear from the attentive public, citizens who follow public affairs closely, rather than the general public.
Members of Congress mainly vote according to their party affiliation, although ideology and personal experiences and attitudes play a role too. The divide between liberals and conservatives has resulted in polarization in Congress.
Interest groups also influence the legislative process in many ways. They contribute to congressional campaigns, testify before committees, and build public pressure for or against their cause. Congressional lobbying has existed since the early 1800s and is perfectly legal.

43. 10.5 Constituents and interest groups
Constituents and interest groups often put pressure on Congress in person. Every January, opponents of abortion march on Washington.

44. Making Legislative Choices
10.5
Making Legislative Choices
Party
Party-line voting
President
Influence on Congress
Partisan voting increased in the House after the early 1970s and has intensified even more since the 1994 elections. Since 2000, nearly 90 percent of Democrats and Republicans vote with their party on key votes.
Presidents influence Congress by distributing government resources to members’ constituents. Presidents also help set the legislative agenda through the State of the Union and the budget. They also lobby Congress on particularly important issues.

45. 10.5
Congressional Ethics
House and Senate set their own rules for ethical conduct
Rules changes
Congress may not accept any gifts, meals, or
travel from any lobbyist
2012 – Stock Act
Ethics committees
The House and Senate set their own rules for ethical conduct and investigate all complaints of misbehavior. Recently, members have been accused and convicted of trading their votes for cash and other gifts. Under new rules enacted in 2007, members of Congress may not accept any gifts, meals, or travel from any lobbyist. Under the Stock Act of 2012, legislators may not make any stock trades after learning about economic changes or new federal action before the public knows.
The House and Senate enforce the rules through separate ethics committees which are equally divided between Democrats and Republicans. Because they are filled through the normal committee selection process, members are under tremendous pressure not to hurt their own party.

46. 10.5
Rep. William Jefferson
The FBI found $90,000 in cash in Louisiana Rep. William Jefferson’s freezer in an investigation that led to his conviction for bribery. He was sentenced to 13 years in federal prison in 2011 in what the lead federal prosecutor called “the most extensive and pervasive pattern of corruption in the history of Congress.”

47. 10.5
10.5 Which term describes a member of Congress who tries to do what constituents want?
Trustee
Incumbent
Whip
Delegate
What have you learned about how legislators make decisions?

48. 10.5
10.5 Which term describes a member of Congress who tries to do what constituents want?
Trustee
Incumbent
Whip
Delegate
Legislators try to vote the way their constituents want; when they vote according to what they think is in the best interests of their constituents, they are voting as trustees.
Activity: Ask your students to imagine themselves as a member of the House. They have been asked to vote on an issue touching on abortion (they can imagine their vote is either pro or con). First, ask them to explain how this issue would lead to pressure from constituents, special interests, party leaders, and the even the president. Then ask them to explain how their vote might be different depending on the model of representation they prescribed to (trustee, delegate, politico, or conscience).

49. An Assessment of Congress
10.6
An Assessment of Congress
“Permanent campaign”
Makes leadership difficult
Without majorities, there is little action
Lack of action = public frustration
Although most incumbents are reelected, most campaign constantly to stay in office. This has created what some observers have called the “permanent campaign,” which affects the legislative process. When most members act as individual candidates, the task of providing leadership is increasingly difficult. Without leadership, majorities aren’t likely to be formed. The congressional system acts only when majorities can be achieved.
The lack of action is one reason why public approval of Congress is low. Another reason involves the intense conflict surrounding major legislation. The public is also angry that Congress has been unable to fix the economy. Americans become frustrated when their political leaders cannot reach agreement during national crises. The polarizing effect of partisanship has exacerbated that frustration.
Activity: Surveys consistently show a high level of dissatisfaction with Congress. Yet voters continue to reelect members. Ask your class to consider possible reasons for what seems to be a contradiction. Is it simply the advantage of incumbency? Is the American public more satisfied with its own representatives than with Congress as an institution?

50. 10.6 FIGURE 10.3: Public approval of Congress, 1997–2010
When were some of the highest and lowest points in Congressional approval? What reasons can you think of to explain these levels?

51. 10.6
10.6 Which of the following terms refers to a legislator’s constant running for office?
Filibuster
Horse race
Cloture motion
Permanent campaign
Let’s review some key terms we learned in this chapter. By process of elimination, you should be able to make the correct choice.

52. 10.6
10.6 Which of the following terms refers to a legislator’s constant running for office?
Filibuster
Horse race
Cloture motion
Permanent campaign
By always trying to raise money for election campaigns, legislators pay less attention to action in Congress.

53. 10
Discussion Question
Do you feel that members of Congress do enough to represent their constituents? Why? How has what happens in Congress affected you?