1. 6
Congress
As you will learn in this chapter, Congress has both changed and stayed the same. In terms of its formal structure and procedures, it has varied little over the years. But in terms of its interpersonal dynamics and policy issues, it has changed significantly.

4. Roots of the Legislative Branch of Government
6.1
Roots of the Legislative Branch of Government
Bicameral legislature
House
Representatives based on population
Two-year term
Senate
Two from each state
Six-year term
Article I of the Constitution describes the structure of the legislative branch of government: an upper house (the Senate) and a lower house (the House of Representatives). Together, they form our bicameral legislature. In Congress, the number of members each state sends to the House of Representatives is determined by the population of the state. In contrast, each state has two members in the Senate, regardless of population. Let’s explore the structure and rules for Congress in this first section.

5. Eligibility and Apportionment
6.1
Eligibility and Apportionment
Members of the House
Twenty-five years old and a citizen for at least seven years
Senators
Thirty years old and a citizen for at least nine years
Census
Conducted every ten years
Who can run for Congress? Representatives must be at least twenty-five years old and a citizen of the United States for at least seven years. They must live in the district they want to represent. They are elected to two-year terms. The Framers expected that the House members would be more responsible to the people, both because they were elected directly by them and because they were up for reelection every two years.
Senators are elected to six-year terms, and every two years one-third of them face reelection. Originally, senators were selected by their state’s legislature, but that changed with 17th Amendment, passed in 1913; voters now directly vote for their state’s senators. The Constitution requires senators to be at least thirty years old and a citizen for at least nine years. They must live in the state they want to represent.
The Constitution requires that a census be taken every ten years to determine how many members each state will have in the House of Representatives.

6. Key Powers 6.1 Make laws Raise and spend revenue Impeachment
Both House and Senate must pass bills
Raise and spend revenue
Impeachment
Other powers “as necessary and proper” to carry out the functions of Congress
The Constitution specifically gives Congress its most important powers: the authority to make laws and raise and spend revenue. But the two houses must agree: No bill, or proposed law, can become law without the consent of both the House of Representatives and the Senate.
The Constitution further gives Congress the authority to “make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.” In the past, this “necessary and proper” clause has been interpreted by the Supreme Court to mean that Congress can use this power, along with its other powers, to increase the scope of its authority, often at the expense of the states and not always in ways the Framers may have intended.
The House has the power of impeachment to charge the president, the vice president, or other “civil officers” with “Treason, Bribery, or other High Crimes and Misdemeanors.” However, only the Senate can conduct impeachment trials, and two thirds of the Senate must agree before a federal official can be removed from office.

7. 6.1
TABLE 6.1: What are the key differences between the House of Representatives and the Senate?
As you can see, this chart notes some of the key differences between the House of Representatives and the Senate. One of the big differences is the number of members each body has. The House has 435 members and the Senate, 100.

8. Members of Congress 6.2 Congressional Demographics
Running for and Staying in Office
Incumbency
Redistricting
What is it like to serve in Congress, and what kind of person would seek out this experience? In this section, we will find out. Most members of Congress today will tell you they enjoy their job, despite what can seem like near- constant criticism of the institution.
According to one study, the average House member makes 40 trips a year to their home district. Days are long and filled with meetings: committee meetings, constituent meetings and staff meetings. Incumbent House members—those currently in office and intending to stay in office—in particular must always be thinking about their next election. If that election follows a census and a redistricting, staying in office can be that much harder.

9. Congressional Demographics
6.2
Congressional Demographics
Better educated than general population
Two-thirds of members hold advanced degrees
Wealthier than general population
Senate “Millionaires Club”
Recent increases in minority representation
Put simply, Congress is better educated, more male and whiter than the general population. More than two-thirds hold advanced degrees. Almost 250 members of Congress are millionaires, a fact which has led to the Senate at times being called the “Millionaires Club.” Many members have significant inherited wealth; in 2010, representatives had a median net worth of $75,000 and senators had a median net worth of $1.7 million.
Most members of Congress may qualify for AARP benefits: The average age of House members is 57, while the average age of Senators is 63.
An influx of women, African Americans, and other minorities were elected in Some of those gains have held: the 112th Congress included 42 African Americans, all in the House, and 27 Hispanics. It also included 7 members of Asian or Pacific Island American descent and 4 openly gay members. Some groups have lost ground, however: the number of women has declined slightly in the 112th Congress, as has the number of Jewish members of Congress.

10. 6.2 TABLE 6.3: What are the advantages to incumbency?
Incumbents enjoy many advantages in running a campaign, including: name recognition, claiming credit for bills passed, claiming credit for helping constituents, access to media, free mailing (franking) of district-related materials and newsletters, experience in running a campaign and fundraising.

11. How Congress Is Organized
6.3
How Congress Is Organized
Leadership in the House of Representatives
Leadership in the Senate
The Committee System
The organization of both houses of Congress is closely tied to political parties and their strength in each chamber. Power is divided between the majority party and minority party. The majority party in each house is the party with the most members. As we will learn in this section, the party in charge has significant influence over how matters are handled in each chamber.
The leadership structure in both chambers is similar, but there are distinct differences between the House and the Senate. Congress is further organized into different layers of committees, in which much of the work of Congress is done.

12. 6.3
FIGURE 6.2 How are the House of Representatives and the Senate Organized?
This figure shows the organizational structure of the House and Senate. While there are a number of similarities, there are also key differences.
Parties play a very important role in organizing both the House and Senate. The majority and minority leaders are chosen by the party caucus or conference, as are other key leaders in the party hierarchy. This structure helps to organize operations and conflict in each of the institutions.

13. Leadership in the House of Representatives
6.3
Leadership in the House of Representatives
Speaker of the House
Most powerful position in the House
Leadership Teams
Majority Leader
Minority Leader
Whips
The speaker of the House is the only officer of the House of Representatives specifically mentioned in the Constitution. The speaker presides over the House, oversees House business, is the official spokesperson for the House, and serves as second in the line of presidential succession should anything happen to both the president and the vice president. The speaker serves as a liaison to the Senate, and shepherds party-backed bills through the legislative process.
The entire House of Representatives elects a speaker at the beginning of each new Congress, and traditionally the speaker is a member of the majority party.
Speakers have leadership teams. The majority leader is the head of the party controlling the most seats in the House. Both the majority and minority leaders are assisted by whips—members elected by party members in caucuses and whose job it is to help persuade those in the party to toe the party line on important issues.

14. Leadership in the Senate
6.3
Leadership in the Senate
Presiding Officer
Majority Leader
Leadership Teams
The Constitution specifies that the vice president presides over the Senate and votes only in case of a tie. The official chair of the Senate is called the president pro tempore, or pro tem for short, who is selected by the majority party and presides over the Senate in the absence of the vice president. Because presiding over the Senate can be a routine duty, more junior members of the majority party tend to take over this activity.
The true leader of the Senate is the majority leader, who is selected by the majority party. The majority leader works to make sure that party members vote for party bills.
The minority leader and the Republican and Democratic whips round out the leadership positions in the Senate and perform functions similar to those of their counterparts in the House. However, Senate rules give individual Senators considerable power, so being a whip in the Senate can be more challenging than being a whip in the House, even though there are fewer members to look after.

15. The Committee System 6.3 Types of committees Committee chairs
Standing Committees
Joint Committees
Conference Committees
Select (or Special) Committees
Committee chairs
Committee membership
Much of the work that Congress does is handled in committee. Standing committees are the first and last place to which most bills go for consideration. They are called standing committees because they continue from one Congress to the next.
Joint committees are standing committees that include members from both the House and the Senate. They conduct investigations, special studies, and focus on major issues such as the economy or a specific scandal.
Conference committees are special joint committees that work out the differences in bills passed by the House and the Senate. Both chambers have to pass the exact same bill before it can become law.
Select (or Special) committees are temporary committees set up for a specific purpose, such as to investigate the September 11, 2001 terrorist attacks.
Historically, committee chairs are long-serving members of the majority party, though that is not always the case. Committee chairs have a great deal of influence. They decide when to hold meetings, and can kill a bill simply by refusing to schedule it for a hearing.
Members of both chambers may request membership on a particular committee based on their personal interests and expertise. In both the House and the Senate, committee membership generally reflects party distribution within that chamber.

16. 6.3 TABLE 6.4: What were the committees of the 112th Congress?
Look closely to see the committees and subcommittees of the 112th Congress. In some ways, several committees consider issues that are similar to those of the president’s Cabinet. For example, there are committees on agriculture, education, the judiciary, veterans’ affairs, transportation, and commerce.

17. Functions of Congress 6.4 The Law-making Function
The Budgetary Function
The Oversight Function
The Constitution makes clear Congress’s authority to make laws. In fact, Congress has the authority to make “all Laws which shall be necessary and proper for carrying into Execution” its powers.
Today, Congress not only makes laws that deal with major policy issues, it also spends a great deal of time drafting, debating, and disposing of the nation’s budget, as we shall see in this section. It also has a key oversight role; through the War Powers Act, congressional review, approval of nominations, and impeachment, Congress can “check” the power of the other two branches.

18. The Law-making Function
6.4
The Law-making Function
Committee Referral
Bill is introduced and sent to committee
If accepted, bill goes through changes, then sent to floor
Floor Debate
Holds or filibusters in Senate
Final Approval
Approved bill sent to president
Veto power of president
After a bill has been introduced, it goes to the appropriate committees for consideration. Committee staff members may research different aspects of the bill and the committee chair decides whether to allow the bill to have a hearing before the committee. If the subcommittee approves the bill, it goes to the full committee, where it may undergo some changes before it is presented to the floor for a debate.
The House can form a committee of 100 members who will debate and amend the bill to streamline the process so that all House members do not have to speak. If the bill survives this process and is passed by the House, it goes to the Senate for consideration.
The Senate may hold up a bill by a hold or a filibuster. A hold allows for additional reviewing, negotiating changes, or even an attempt to kill a bill. A filibuster, however, is a deliberate attempt to halt legislation by using long speeches or unlimited debate.

19. 6.4 FIGURE 6.4: How does a bill become a law?
Let’s look at this diagram to see the entire process. A bill must go through a carefully prescribed process in both the House and the Senate before it can become a law. Why do you think that so many bills never make it through this process to become law?

20. The Budgetary Function
6.4
The Budgetary Function
Congressional Budget Act of 1974
Establishes levels of spending
Reconciliation process to limit debates
Pork and Programmatic Requests
Since the 1920s, Congress has required the president to submit a budget to Congress. Under this plan, Congress could alter the allocation of money to different sections of the budget, but could not increase the total amount of spending proposed by the president.
When President Richard M. Nixon refused to spend money that the Democratic-controlled Congress approved for certain programs, Congress passed the Congressional Budget Act of That act created the Congressional Budget Office, a nonpartisan agency that helps members of Congress analyze spending bills. The act also detailed the process of reconciliation, which limits debate on controversial issues affecting the budget and avoids the threat of a filibuster.
And no discussion of the budget would be complete without a discussion of pork—legislation that allows representatives to bring home money and jobs to their districts in the form of public works programs, military bases, or other programs. These were once called earmarks, but are now known as programmatic requests.

21. 6.4
TABLE 6.5: What is the timeline for the congressional budgetary process?
This calendar gives you a sense of how long it takes Congress to develop the budget, and what some of the deadlines are.

22. The Oversight Function
6.4
The Oversight Function
The War Powers Resolution
Congressional Review
Confirmation of Presidential Appointees
Impeachment
Congress conducts hearings, which are often televised, to question agency officials to determine if laws are being enforced and interpreted as intended by Congress. This is called an oversight function. Other oversight functions include approving the executive branch’s nominations for Cabinet offices, federal judgeships, and other key roles. Perhaps most visibly, Congress can exercise its oversight function through its power to impeach federal officials.

23. War Powers Resolution 6.4 Passed over President Nixon’s veto
Requires Congressional approval to commit troops
Limits power of president as commander in chief
Fed up with the way President Lyndon B. Johnson handled the Vietnam War, Congress in 1973 passed the War Powers Resolution. When Nixon vetoed the act, Congress overrode the veto and the resolution was passed anyway. The resolution allows the president to send troops into action only with the approval of Congress or if the United States or its territories are attacked. The resolution also requires the president to notify Congress within 48 hours of committing troops to foreign soil. Perhaps most importantly, the president must withdraw any troops within 60 days if Congress fails to declare war.

24. Congressional Review Confirmation of Presidential Appointees
6.4
Congressional Review Confirmation of Presidential Appointees
Congressional review (Act 1996) allows Congress to overrule regulations for federal agencies (within 60 days). Needs presidential signature.
Senate confirms Supreme Court, federal district court, and Cabinet nominations
The Congressional Review Act of 1996 allows Congress to nullify agency regulations. This is called congressional review. Congress has 60 days to pass a joint resolution of legislative disapproval. This must also be signed by the president. Congressional review has been used very infrequently since its passage, though there was a distinct uptick in 2011, when House Republicans questioned a record 11 regulations in the first nine months of the new Congress.
The president nominates judges to the Supreme Court, but Congress has the power to reject nominees. Before announcing their nominees, presidents often ask senators for approval to limit controversy. If a president is nominating a federal district court judge, he may extend senatorial courtesy, asking a senator of the state to present an opinion about the choice. Through the “blue slip” process, senators can make known their approval or disapproval of a nominee, or they may choose not to comment at all.

25. Impeachment 6.4 Power to remove official from office
House votes to impeach
Senate conducts trial
Ultimately, Congress’ most direct form of oversight is its power to impeach. The Constitution is fairly vague on both the impeachment process and the offenses for which the president or federal judges can be impeached. The Constitution merely suggests that these federal officials can be impeached for treason, bribery, or other “high crimes and misdemeanors.” Historians generally have agreed that the Framers meant this to include significant abuses of power.
The House votes to impeach officials, but it is the Senate that conducts the trials. Over the years, the House has voted to impeach only 17 federal officials. Of those, seven were convicted and removed from office, and three resigned before the process was completed.

26. How Members Make Decisions
6.5
How Members Make Decisions
Political Parties
Constituents
Colleagues and Caucuses
Interest Groups, Lobbyists and Political Action Committees
Staff and Support Agencies
When voting on policy issues, members of Congress must decide how to best represent their constituents. Representatives or senators who listen to the concerns of their constituents but use their best judgment are voting as trustees. When they vote the way their constituents want, they are voting as delegates. A politico at times votes as a trustee and at others votes as a delegate.
Much thought goes into making policy and program decisions. Representatives and senators generally consult many people from different groups, interests, and backgrounds. These include political parties; constituents; colleagues and caucuses; interest groups, lobbyists and political action committees; and staff and support agencies.

27. 6.5
Political Parties
Influence of political parties on the passage of legislation
Divided government
Different political parties control presidency and Congress
Unified government
Same political party controls presidency and Congress
Representatives and senators vote for legislation along party lines. The influence of political parties on members’ votes cannot be overstated. Congressional party unity is a measure of the solidarity of members of a party. In recent years, they have voted according to their party on 90 percent of the legislation.
Congressional party leaders have used key committee assignments, reelection campaign support, or threats to persuade members to vote with the party.
The president can play this game, too, especially during times of unified government, when one party controls Congress and the presidency. The president can act as chief of the party and coerce members to support his legislation.

28. Constituents 6.5 People who live, work and vote in a member’s district
Wedge issues
Members of Congress have to keep their constituents in mind when they vote. Representatives and senators vote in keeping with prevailing opinion in their districts about two-thirds of the time. Otherwise, they may not be reelected. That’s why some lawmakers from the South were reluctant to support civil rights legislation during the 1960s, and why lawmakers from districts with significant senior populations today are so careful to support Medicare and Social Security.
Members tend to be keenly aware of how their constituents feel on so-called “wedge issues” such as same-sex marriage, insurance coverage for contraceptives and flag burning. These are issues that tend to drive a “wedge” between voters.

29. Colleagues and Caucuses
6.5
Colleagues and Caucuses
Logrolling
Supporting another member’s legislation in exchange for future support
Special-interest caucuses
Informal groups based on shared interest
Congress considers a wide range of issues and bills. No one can be an expert on all of them, which is why Congress has a system of specialized committees. When members must vote on bills they know little about, they may turn to colleagues for advice. That’s when logrolling, or vote trading can occur. Logrolling often takes place on specialized projects in specific districts. A lawmaker whose district is unaffected agrees to vote a certain way in exchange for a future vote in his or her favor.
Members also turn to groups of other congressional representatives who share similar backgrounds or interests. Most of these so-called special interest caucuses are informal in nature, although some of them, such as the Black and Hispanic Caucuses, are more organized.

30. Interest Groups, Lobbyists and Political Action Committees
6.5
Interest Groups, Lobbyists and Political Action Committees
Research and data
Provide information to justify members’ positions on legislation
Persuade constituents to contact or pressure members
Fundraising
PACS
A primary function of lobbyists is to provide information that helps convince lawmakers to vote in the interests of the lobbyist’s clients. Such information can include research, data and other facts. Organized groups can persuade undecided members to vote their way. They can provide lawmakers with reasons the lawmakers can use to justify their decisions back home.
In return, such lawmakers can often count on these interest groups and political action committees when it comes time to raise money for reelection. If a political action committee, or PAC, raises money for a representative or senator, why wouldn’t that person be inclined to support the interests of the PAC?

31. Staff and Support Agencies
6.5
Staff and Support Agencies
Congressional staffers
Agency staffers
Committee staffers
Congressional representatives also rely heavily on information provided by their own staff, as well as the staff of agencies and committees. On average, House members have an average of 17 staffers; senators have an average of 40. Staffers are divided between Washington, D.C., offices and home districts. Additional help for members can also come from personnel at the Congressional Research Service, the Library of Congress, the Government Accountability Office and the Congressional Budget Office.

32. Smith—Troubled Institution
The filibuster