1. The Institutions
Congress
Unit IVA

2. The Capitol/Capitol Hill

3. Structure of Congress

4. Powers of Congress Article I, Section 8*
Lay and collect taxes*
Power of the Purse
Borrow money*
Commerce Clause*
Regulate interstate and foreign commerce*
Immigration and naturalization rules*
Coin money and set its value*
Create lower federal courts*
Declare war*
Necessary and Proper Clause*
aka Elastic Clause
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.*
Propose amendments
Congressional oversight

5. Exclusive Powers of House and Senate
House of Representatives
Senate
Initiate revenue bills
Impeach executive and judicial officials
Choose president if neither candidate receives majority in Electoral College
Trial of impeached officials
Advice and Consent
Approve presidential appointments
Executive department heads, federal justices
Simple majority
Ratify treaties negotiated by president
2/3 majority
Choose vice president if neither candidate received majority in Electoral College

6. Congressional Oversight

7. 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 3rd of odd-numbered years
2016 Elections in November 2016
115th Congress begins term on January 3, 2017
Special sessions
President may call Congress in times of emergency situations or significant political developments
Pearl Harbor in December 1941

8. House of Representatives Chamber

9. Senate Chamber

10. General Description of Congressional Chambers
House of Representatives
Senate
More formal and descriptive rules
Highly influenced by party politics
More specialized in particular policy areas
Very committee based
Majoritarian decisions
More bipartisanship
Members more generalist than specialist
Less committee based
Decisions based more on consensus and consent

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

12. Electing the House Directly elected by the people Two-year terms
Frequency of elections
Mid-Term Elections
Non-presidential election
Low voter turnout

13. Congressional Apportionment and Districts
Congress established number of representatives for House at 435 (1911)
Each state with at least one representative
Currently, one representative per 709,760
Reapportionment every 10 years based on national census
Redistricting
States draw congressional districts
Districts must be relatively equal

14. Congressional Apportionment and Districts
Consequences
Gerrymandering
Drawing districts to favor a political party or group
Independent commissions
Baker v. Carr (1962)
Wesberry v. Sanders (1964)
Reynolds v. Sims (1964)
Shaw v. Reno (1993)

15. House Seats (115th Congress)
194 Democrats
240 Republicans

16. House Districts by Party (115th Congress)

17. House Ideological Divisions

18. House Percentage of Party Members from each State (115th Congress)

19. Electing the Senate Staggered terms How Elected
1/3 of senators every two years
How Elected
State legislatures originally elected senators
“Millionaires’ Club”
Seventeenth Amendment
Popular election of senators

20. Senate Membership (115th Congress)
2 Independents
(caucus with Dems)
46 Democrats
52 Republicans

21. Senate States by Party (115th Congress)

22. 115th Congress Makeup Political Party Age Occupation/Military Service
House
240 Republicans
194 Democrats
1 Vacancy
Senate
52 Republicans
46 Democrats
2 Independents (caucus with Dem)
Age
House median age – 57.8
Senate median age – 61.8
Occupation/Military Service
238 public service/politics
208 business members
218 lawyers
99 educators
18.8% served in military
Education
18 House - high school diploma
Incumbency
House – 9.4 years (4.6 terms)
Senate – 10.1 years (1.7 terms)
Race/Ethnicity
Whites – 78.8%
Blacks – 9.6%
49 House
3 Senate
Hispanics – 8.3%
40 House
5 Senate
Asians – 3.3%
Religion
55.9% Protestant
Baptist highest denomination
31.4% Catholic
5.6% Jewish
2.4% Mormons
2 House – Muslim
2 House, 1 Senate – Buddhist
3 House - Hindu
Gender – 20.1% of Congress
88 women (House)
21 women (Senate)

23. Incumbency Effect Current office holders winning reelection Advantages
Reelection Rates of U.S. House and U.S. Senate ( )
Advantages
Name recognition
Credit claiming
Casework
Visibility
Media exposure
Fund-raising
Campaign experience
Voting record
Franking privilege
Disadvantages
Mistrust of government
Unpopular political party
Redistricting effect
“Held responsible”

24. Congressional Incumbency Rates

25. 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

26. Privileges of Congress
Salaries
$174,000 for rank and file members
$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

27. Congressional Staffers
Personal Office Staff
Directly work for members in D.C. and district/state offices
Assist in drafting legislation
Assist in casework
Go-between to lobbyists, congress members, bureaucracies, White House
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

28. Congressional Agencies
Congressional Budget Office (CBO)
Analyze budget and economic proposals
Government Accountability Office (GAO)
Audits
Investigations
Congressional Research Service (CRS)
Information, history

29. Congressional Decorum
CENSURE
Reprimand of a member for unprofessional, suspected, or admitted misbehavior or violation
Must give up any committee chairs
Requires simple majority
IMPEACHMENT
Expulsion of a member requires 2/3 majority vote

30. House Congressional Leadership
SPEAKER OF THE HOUSE
Elected by House members; need 218 votes to be elected
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
House Majority Leader
Assists Speaker of the House; second in command
Plans party’s legislative program
Directs floor debate
House Minority Leader
Represents House leader of opposition party
House Majority Whip and House Minority Whip
Assist in party voting, inform on voting, vote counts, voting pressure

31. Senate Congressional Leadership
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
Senate Majority Leader
Most powerful Senate member and party spokesperson
Senate Minority Leader
Represents Senate leader of opposition party
Senate Majority Whip and Senate Minority Whip
Rallies respective Senate party member to votes, vote counts

32. 115th Congress Leadership
House of Representatives
Speaker of the House: Paul Ryan (R)
Majority Leader: Kevin McCarthy (R)
Majority Whip: Steve Scalise (R)
Minority Leader: Nancy Pelosi (D)
Minority Whip: Steny Hoyer (D)
Senate
President of the Senate: Joe Biden (D)
President Pro Tempore: Orrin Hatch (R)
Majority Leader: Mitch McConnell (R)
Majority Whip: John Cornyn (R)
Minority Leader: Chuck Schumer (D)
Minority Whip: Richard Durbin (D)

33. 115th Congressional Caucuses
DEMOCRATIC
House Democratic Conference
Senate Democratic Conference
Progressive Caucus
New Democrat Coalition
Blue Dog Coalition
GENERAL
Congressional Black Caucus
Congressional Hispanic Conference
Full List
REPUBLICAN
House Republican Conference
Senate Republican Conference
Republican Study Committee
House Freedom Caucus

34. Lawmaking Process

35. Bills Drafting a Bill Types of Bills Legislators President’s Agenda
Interest Groups
Commissions
Individual citizen
Types of Bills
Public bill
Private bill
Revenue bill
Originations Clause
Omnibus bill

36. Resolutions 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
Proposal for amendments*
Historical Examples
Gulf of Tonkin Resolution
War Powers Resolution

37. 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. Social Security
Regulatory
Mandates and limits on groups and individuals
i.e. Clean Air and Water Act
Constituent
Establish executive agencies
i.e. Department of Homeland Security after 9/11

38. Introducing a Bill Only a member of Congress may introduce a bill
May be suggested by executive administration (i.e. President), 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
ex. S. 913
The Hopper

39. Committees Committee Work Bill Assignments
Consider bills, maintain oversight, conduct investigations
Gatekeeping authority
Proposal power
Hearings and Testimonies
Allows for specialists to determine merits of a bill
Subpoena power
Bill Assignments
Speaker of the House/Presiding Senate Officer

40. Types of Committees Standing Committee Subcommittee Select Committee
Permanent committee over specific policy
Subcommittee
Subset of a standing committee for specific details of a bill
Select Committee
Temporary committee for specific purpose
Usually for investigations on major public concerns
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

41. Congressional Standing Committees
Senate
House
Rules
Ways and Means
Appropriations
Judiciary
Agriculture
Armed Services
Budget
Education and the Workforce
Ethics
Financial Services
Foreign Services
Homeland Security
House Administration
Energy and Commerce
Natural Resources
Oversight and Government Reform
Science, Space, and Technology
Small Business
Transportation and Infrastructure
Veterans’ Affairs
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, Education, Labor, and Pensions
Homeland Security and Government Affairs
Rules and Administration
Small Business and Entrepreneurship
Veterans’ Affairs

42. 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

43. Committee Chairperson
Responsibilities
Presides over the committee
Set committee agendas
Assign subcommittee members
Decide on hearings and witnesses
Selection
From majority party of respective chamber
Used to be based on seniority system
Now usually long-standing member of committee
Paul Ryan, former House Ways and Means Chairman

44. Committee Actions on a Bill
Committee Referral
Bills assigned to committees who refer to appropriate subcommittees
Subcommittees refer bill back to committee
Hearings and Testimony
Markup
Committees read and add amendments to bills
Table
Motion to kill a bill in committees
Full Committee Vote
Report Out
House’s Discharge Petition
Requires absolute majority (218 votes)

47. House Rules Committee
Once a House bill is reported out by committee(s) it must be assigned to the HOUSE RULES COMMITTEE before it reaches the House floor for debate and voting
Sets rules, restrictions, and times on bills during floor debate with input by Speaker of the House
CLOSED RULE
Severe limits on floor debate
No amendments
Bill proponents tend to prefer closed rule
OPEN RULE
Allows floor debate
Allows amendments
Bill opponents tend to prefer open rule

48. House Floor Debate Presided by the Speaker of the House
Time and debate on a bill is limited by the Rules Committee
Committee of the Whole
All House members act as one large committee
To expedite appropriations and revenue bills
Quorum of 100
Presided by a Chairman
Amendments
Must be GERMANE
RIDERS are not allowed
Once debate is completed or terminated, bill heads to a vote

49. Senate Floor Debate The Senate has unlimited debate Amendments
RIDERS are allowed
Amendments must be germane only on budget and appropriations bills
FILIBUSTERS (only in Senate)
A bill could be killed by senators delaying its passage by “talking it to death”
CLOTURE
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

50. Other Legislative Tactics
EARMARKS
Expenditures for specific districts/states, policy areas, and federal agencies determined on appropriations-based legislation
PORK BARREL
“Bring home the bacon.”
Pass appropriations and/or projects for one’s specific district/state
LOGROLLING
Reciprocal support on bills

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

52. How a Member Represents and Votes
Representational View/ Delegate Model
Vote based on interests and beliefs of districts/states
CASEWORK
Organizational View/Partisan Model
Influenced by party members, president, lobbyists
Vote based on party lines
PATRONAGE
Attitudinal View/Trustee Model
Based on ideology, personal beliefs
Politico Model
A combination of delegate, partisan, and trustee models
A “true politician” trying to make everyone happy

53. 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
Conference Committee
Amendments and riders from House and/or Senate versions of a bill
Joint committee of House and Senate members iron out differences
Resulting bill sent to House and Senate for vote

54. To the President/Veto Power
Presentment Clause
President signs the bill into law
May also become law after 10 days*
* If Congress is still in session
Legislative Intent and Signing Statement
Presidential Veto Power
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
Legislative Veto*
House or Senate rejects executive action
INS v. Chadha (1983)
Legislative vetoes unconstitutional
Still practiced without much protest

55. Lame-Duck Period
Congressional session held between Election Day (early November) and beginning of newly elected Congress (January 3)
Lame-duck sessions before transition of power