1. Congress
Chapter 11

2. Food for thought…
Why is Article I so long and Articles II and III so short? What does this reveal about the Framers view of Congress?

3. Evolution of congress

4. Intentions of founders
Fear of excessive power concentrated in a single institution
Fear of mob rule by impassioned majority
Concern about manner of representation in Congress
Solution to all these concerns: BICAMERAL LEGISLATURE
Belief that Congress would be the dominant branch of gov’t

5. Conflict over distribution of power in the congress
Centralization
Decentralization
Congress can act quickly and decisively, but at the expense of individual member and the constituents
Strong central leadership
Restrictions on debate
Few opportunities for stalling tactics
Minimal committee interference
Streamlined legislative process
Minimal public scrutiny
Protect and enhance the interests of individual members and their constituents, but prevent quick, decisive action
Weak central leadership
Few restrictions on debate
Numerous opportunities for stalling
Powerful committee influence
Complicated legislative process
Close public scrutiny

6. Evolution of congress
1970’s: Power of subcommittee chairmen and individual members increased
Developments in the Senate
More naturally decentralized
Fewer members, fewer formal rules
Lack of a Speaker
Lack of strong Rules Committee
Democratization of Senate—17th
Concern over length of debate
FILIBUSTER
1917: means to kill a filibuster

7. Recent developments
104th Congress ( ): new republican majority
Speaker Newt Gingrich, Contract with America
Term limits for committee chairman
110th Congress ( )
Speaker Pelosi’s “Hundred Hours of Congress”
113th/114th ( )
Obstructionism as a key strategy
Filibuster has become increasingly controversial

8. Overview of congress

9. Terms and sessions 2 years
Terms begin January 3rd every odd-numbered year
Numbered consecutively
Adjournment: end of a term, date agreed upon by both houses
Two regular sessions per term

10. Bicameralism House of Rep’s was designed to be closer to the people
Members elected directly by the people
2 year-term
Entire body elected every 2 years
Revenue (tax) bills must originate in the house
Senate designed to be more removed from the people
Members indirectly elected (originally)
Elected at an at-large basis
6 year term
1/3 of Senate is up for re- election every two years

11. House of representatives
Size
Determined by Congress (435 since 1911)
Members elected by districts, not states
Determined by population
Terms of office are fixed
Term limits deemed unconstitutional
Qualifications: 25 y/o, citizenship for 7 years, residency in state

12. senate Size Terms of office: six years
100 members
Smaller size allows for less formality
Terms of office: six years
Qualifications: 30 y/o, citizenship for 9 years, residency in state

13. compensation
Members set their own salaries: 27th Amendment prevents raises from taking effect until following term. Most recent salary: $174,000
Other perks: staff, travel allowance, franking privilege, insurance
Legislative immunity

14. Homework discussion 1. Describe the typical House member.
2. Describe the typical Senator
3. How do 1 and 2 differ, and how are they similar?
4. Which statistic most surprised you, and why?
5. Which statistic best represents the concept of representative government, and why?
6. Which statistic least represents the concept of representative government, and why?
7. How does the 114th Congress compare to the 115th (new Congress)? What significant changes are accounted for? What new groups gained traction in the 2016 election?
8. What statements can be made about the campaign and election process, and about perceptions of Congress, from these statistics?

16. membership
Overrepresentation of white, male, Protestant, upper-middle class lawyers in their 50’s.
115th Congress: most diverse!
Perfectly possible for “overrepresented” demographic to represent others

18. The incumbency advantage

19. Scope of advantage Reelection rate in the House: 94% (2014)
Reelection rate in the Senate: 82% (2014)
Relatively few seats are seriously contested in the House. “Safe seats”
Charges of “Permanent Congress”
Counterargument?

21. II. Advantages of incumbency
Franking privilege
Money!
Staffers & campaign staff already in place
Incumbents outspend challengers 3:1
Incumbents build up a “war chest”
Patronage
Name recognition
Especially from PAC’s
Credit claiming:
Casework done for constituents
Pork barrel projects for district

22. Warm up questions
Explain what characteristics of the House of Reps. make it closer to the people. What characteristics make the Senate more removed?
What is the incumbency advantage?
What advantages do incumbents have over their challengers that make reelection rates so high?

23. Food for thought…
 "As a mapmaker, I can have more of an impact on an election than a campaign, than a candidate“—David Winston

24. III. gerrymandering A special advantage for members of the House
Winner-take all, single member districts
Reapportionment:
Census shows population changes and these changes are reflected in state representation in the house. State legislatures re-draw boundaries.
District boundaries are drawn to favor the party in power
Packing a district—concentrate opposing party in a few districts
Cracking a district—draw lines to disperse opposing party and dilute their strength

26. Yellow:
State legislatures
Green: independent commissions
Purple:
Independent commission but voted on by legislature
Gray:
State with only one congressional district

27. Effects of gerrymandering
The party in power STAYS in power
“Safe” seats are created for incumbents
Strangely shaped districts
“Majority-minority” districts are created by racial gerrymandering

29. Redistricting requirements
Districts must be as near equal in population as possible
Baker v. Carr (1962): “one man, one vote” applied to state districts to correct overrepresentation of rural areas
District lines must be contiguous
Racial gerrymandering is prohibited
Shaw v. Reno (1993)

30. Gerrymandering
Examples of Crazy gerrymandering

31. The structure & powers of congress

32. Turn and talk
Think back to September…what are some of the enumerated/delegated powers given to Congress?

33. Expressed powers (enumerated/delegated)
Levy taxes
Punish counterfeiters
Spend money for the common defense
Establish post offices
Grant copyrights & patents
Borrow money
Create lower courts
Regulate foreign and interstate commerce—BROADLY interpreted
Define & punish piracy
Declare war
Establish naturalization laws
Raise & support an army/navy
Coin money
Establish weights and measures

34. Implied powers Based on Elastic Clause
Examples: Nat’l Bank, conscription, creation of the CIA
Strict vs. loose constructionists

35. Institutional powers—those that relate to the system of checks & balances
House
Senate
Ratifies treaties with 2/3 vote
Senate approves presidential appointments with majority vote
Tries impeachment
Votes for impeachment
Elects President if no Electoral College majority
Both houses can:
Propose constitutional amendments
Can seat, unseat, and punish its own members

36. Cup & saucer
Does anybody know the purpose of a saucer when you are drinking a cup of tea?
The saucer is intended to cool the tea, just like the Senate is meant to “cool” the House.

38. Leadership in congress

39. Leadership House Senate Speaker Majority/Minority Leader
Majority/Minority Whip
Senate
Vice President
President Pro-Tempore
Majority Leader
Minority Leader
Party Whips

40. How a bill becomes a law

42. Bill introduction Less than 10% actually pass
Ideas for most bills originate in the executive branch
Introduced in either house, except tax bills (House only)
Diffusion of power is evident
Proponents need many victories, opponents need only one
Two-step legislative process: 1) Authorization & 2) Appropriation
Passage requires only a simple majority

43. Committee action Importance of “correct” committee getting a bill
Committee actions
Pass. Bill is “reported out” to full house for consideration
Kill
Amend— “markup session”. Earmarks added by individual members
Pigeonhole—postponed indefinitely. Most frequent fate of bill
Discharge petition
Importance of Rules Committee (House ONLY)
“Traffic cop” function: sets legislative calendar
Established rules on amendments
Establishes rules on floor debate

44. Floor action Senate allows filibusters
Even threat of filibuster is effective
3/5 vote for cloture
Senate allows non-germane amendments. “Christmas tree” bills.
Senate allows one member to place a hold on a bill or nomination

45. Conference committee action
Comprised of members from both houses
Temporary committee reconciles different House-Senate versions of bill, then sends it back to each house for a vote

46. Presidential action Sign the bill in full
Veto the bill in full can be overridden by 2/3 vote in both houses
Ignore the bill
After 10 days, the bill automatically becomes a law
If, however, in that 10 day period, Congress adjourns, the bill is pocket- vetoed
Line-item veto given to President in the 90’s
Ruled unconstitutional in Clinton v. NY (1998)

49. The committee system

50. Congress in session is Congress on public exhibition, whilst Congress in its committee-rooms is Congress at work”
--Woodrow Wilson

51. introduction
Real work is done in committees and subcommittees, not on the floor
Before a bill reaches the floor it must first pass through committee
Committee functions:
-Analyze legislation
-Conduct investigations
-Conduct oversight

52. Selection of committee members
Get on the right committee
One in which the member can best serve his/her constituents and get reelected
Members make a “wish-list” of choices and Steering Comm. assigns
Majority in the house= majority on the committees
Committee chair is majority party, ranking member is minority party

53. Selection of committee chairs
Power of chairmen: set committee agenda, hire staff, membership on subcommittees
Chairmen are selected by secret ballot in party caucuses or conferences
Seniority system
Advantages
Disadvantages
Decentralization of the 70’s

54. Types of committees

55. standing committees
Permanent committees of Congress with legislative, investigative, and oversight powers
In the House:
Rules
Ways and Means
Appropriations
In the Senate:
Finance
Appropriations
Foreign Relations
Judiciary

56. Conference committees
Temporary committees compromised of members from both houses
Compromise language on a bill

57. Other types Select committees: limited or temporary purpose
Ex- Select Committee on Benghazi
Joint committees: members of both houses for temporary purpose (usually)

59. Influences on members of congress
From what we have studied thus far, list different ways that members of congress are influenced.

60. Influences on members of congress
Constituent convictions—DELEGATE role and representational voting
Campaign contributors
The media
Members’ convictions—TRUSTEE role and attitudinal voting
Iron triangles (subgovernments)
Political party
Their peers—reciprocity (exchange of favors) and logrolling (exchange of votes)
Congressional staff members
Interest groups / lobbies / PACs
Congressional caucuses
The President

61. Case against congress Congress is inefficient
Congress is unrepresentative
Congress is unethical
Congress is irresponsible
Congress delegates excessive power to the
executive branch