1. CONGRESS Chapter 7 American Government: Continuity and Change
O’Connor and Sabato

2. Chapter 7 overview… Roots of the Legislative Branch
The Constitution and the Legislative Branch
The Members of Congress
How Congress is Organized
The Law-making Function of Congress
How Members Make Decisions
Congress and the President

3. Roots of the Legislative Branch
The U.S. Congress was greatly influenced by the American colonial experience and by the Articles of Confederation.
Colonists carried on the tradition of a two-house legislative body
First national colonial legislature was the First Continental Congress (met in 1774 to develop a common colonial response to the Coercive Acts)
No power to force compliance, but led to boycott of British goods and colonial militias)

4. Roots of the Legislative Branch (cont.)
Second Continental Congress met in 1775
United the colonies in preparation for war, created a national army, officially adopted the Declaration of Independence
Articles of Confederation were drafted and adopted in 1777 by Second Continental Congress
Gave Congress the power to declare war, raise an army, make treaties and coin money, BUT had no source of income
The weaknesses of the Articles led to the Constitutional Convention in 1787

5. The Constitution and the Legislative Branch of Government
Article I creates a bicameral legislative branch of gov’t.
The upper house is called the Senate in which each state receives two representatives (equal representation).
The Senate has a six-year term with 1/3 of the seats up for reelection every two years.
The lower house is called the House of Representatives which is apportioned by population (proportionate representation).
House members serve two-year terms.

6. The Constitution (cont.)
Constitutional requirements for Congressional membership:
House members must…
Be at least 25 years old
Have lived in the US for at least seven years
Be legal residents of the districts/states they represent
Senators must…
Be at least 30 years old
Have lived in the US for at least nine years
Be legal residents of the states they represent

7. Apportionment and Redistricting
The Constitution requires that all Americans be counted every ten years by a census.
The census determines representation in the House of Representatives.
Redistricting (the redrawing of congressional districts to reflect changes in seats allocated to the states from population shifts) is done by state legislatures and, of course, always has political overtones.
When the process is outrageously political, it is called gerrymandering and is often struck down by the courts.

8. Constitutional Powers of Congress
The most important constitutional power of Congress is the power to make laws.
This power is shared by the House and the Senate.
In order to become a law, a bill must be passed by both the House and the Senate.

9. “necessary and proper” to carrying out
Spend
Money
Regulate
Commerce
Taxation
Create
Courts
Powers of
Congress
Lawmaking
Declare
War
Make all laws
“necessary and proper” to carrying out
the enumerated powers

10. Key Differences House Senate
Six-year term
100 members
Offers “advice and consent” in many presidential appointments
Tries impeachment
Ratifies treaties
Focus on foreign policy
Less formal
Two-year term
435 members
Initiate revenue bills
Initiates impeachment
Focus on tax policy
Formal rules/requirements

11. Changing Role/Status of Congress members:
Historically, Congress members spent very little time in D.C.
Congress was seen as a stepping stone to other political positions
Today…many members see themselves as “Congressional careerists” despite challenges
Maintaining two homes, political scandals, intense media scrutiny, partisan politics, etc.

12. Members of Congress Must work to please two constituencies:
Political party leaders, colleagues, lobbyists in DC
Constituents at home
Wide range of duties
Communication w/ constituents is important
Newsletters, town meetings, staffers
Casework: the process of solving constituents’ problems dealing with the federal bureaucracy

13. What is the Incumbency Factor?
The fact that being in office helps a person stay in office because of a variety of benefits that go with the position
Name recognition
Access to press (free media)
Fund-raising advantages
Established communication w/ constituents
Experience in running a national-level campaign
On average 95% of incumbents seeking re-election win re-election (in 2002, 98% won!)

14. Term Limits Restrictions that limit how long an individual may serve
There are currently NO term limits on Congress members
What would it take?
Supreme Court has ruled state-imposed term limits on federal office-holders unconstitutional
It would take a constitutional amendment to make this happen
Was voted down by Congress in the past

15. The Members of Congress
Congress is older, better educated, whiter, and richer than most of us.
Average age in House: 54 (Range 32-83)
Average age in Senate: 62 (Range 43-89)
“Millionaires Club”
However, progress towards more diverse representation has been made.
Demographics: There are 16 female senators — the most women ever serving in the same Senate. There are 13 Jews, 3 Hispanics, 2 Asian Americans, 1 senator of Arab descent (half), and 1 African-American. One Senator is a naturalized citizen (from Cuba). The average age of the Senate is 62 years 2007 (see 110th United States Congress age and generation). The oldest Senator in 2007 is Robert Byrd, at 89 years old, and the youngest is John Sununu, at 43 years old.

17. The Representational Role of Members of Congress
How should an elected official represent his/her constituents?
Trustee--representatives use their own best judgment
Delegate--representatives vote the way their constituents want them to
Politico--representatives act as trustee or delegate depending on the issue

18. How Congress is organized
Every two years, a new Congress is seated.
Current Congress is the 114th
The first order of business is the election of leaders and adoption of new rules.
Both houses of Congress are organized on the basis of political party for both leadership and committee purposes.

19. Different Types of Congressional Committees
Standing Committee: continues from one Congress to the next.
Joint Committee: set up to expedite business between the two houses.
Conference committee: special joint committees that resolve differences in bills passed by either house.
Ad hoc, special, or select committees: temporary committees designed for a specific purpose.

20. The Law-Making Function of Congress
Only a member of the House or Senate may introduce a bill but anyone can write a bill.
Over 9,000 bills are proposed and fewer than 10% are enacted.
Most bills originate in the Executive Branch.
A bill must survive three stages to become a law: committees, the floor, and the conference committee. A bill can die at any stage.

21. How Members Make Decisions
It is rare for a legislator to disregard strong wishes of constituents, particularly on hot-button issues or those contentious issues that get a lot of media attention.
The perceptions of the representative are important since he/she cannot really know how all the constituents feel about an issue.
If constituents have little knowledge or interest in an issue, the legislator often makes an autonomous decision (i.e. trustee).

22. How Members Make Decisions
Interest Groups
Colleagues
Caucuses
Party
Representative
Constituents
Staff
Political Action Committees

23. Congress and the President
Especially since the 1930s, the president has seemed to be more powerful than Congress.
However, Congress retains several key powers in relation to the president:
funding powers
impeachment/removal
oversight

24. Congressional Oversight of the Executive Branch
Congress has the power to review the actions of the Executive Branch
Congressional oversight is used to ensure that the bureaucracy is enforcing and interpreting laws the way Congress intended.

25. Continuity and Change
The framers of the U.S Constitution placed Congress at the center of the government.
In the early years of the republic, Congress held the bulk of power.
The face of Congress is changing as women and minorities have achieved seats.
Today, the presidency has become quite powerful, particularly since FDR.
Congress now generally responds to executive branch legislative proposals.