1. Congress and the President
1 December 2008

2. Organizing Congress
The two most crucial institutional structures created to exercise Congress’s constitutional powers are
the party system, and
the committee system.
Without them it would be difficult to overcome the barriers to effective collective action.

3. Committee System
Standing Committee (exist from one Congress to the next)
Fixed jurisdiction and stable membership =specialization
Bills are assigned to committees on the basis of subject matter
Committee’s jurisdiction usually parallel those of the major departments or agencies in the executive branch.
Each committee is unique
Each committee’s hierarchy is based on seniority

4. Types of Committees
See Table 9.1 “Standing Committees of the 108th Congress” p.243.
Or visit the House website

5. Rules Committee
Control over procedure is control over policy. If you control the parliamentary procedure, you can often influence the outcome
It gets a "rule" for debate in the House floor these rules specify how much time can be spent debating the bill and how many amendments can be added to the bill, amendments to what sections, in what order, ect.. This is a very political process
What amendments, how long is debate, the order of motions, amendments, etc.
Rules rarely stampedes large blocs of members (more subtle twists are more common).
In the bad old days when Rules was independent of party leadership (pre-1961), the Rules Comm. regularly killed bills by refusing to grant them rules (esp. Civil Rights)
Rules is now an arm of the leadership

6. Voting on Legislation Scheduling
House calendar--all major public measures (for current House floor proceedings see Office of the Clerk)
Consent calendar (non-controversial bills)
Private calendar (immigration requests or claims against the gov)
Rules for Debate
If there is an open rule, opponents may try to load down a bill with so many objectionable amendments that it will sink of its own weight.
The rules committee may also give the bill a "non-germane" open rule, meaning that irrelevant amendments can be added to the bill, which would practically kill the bill
the reverse strategy is to propose "sweetner" amendments that attract members' support
Debate and Vote upon on the floor, with amendments, ect.

7. Scheduling Debate (Senate)
The Senate does not have a Rules Committee.
Thus, the leaders of both parties routinely negotiate unanimous consent agreements (UCA’s) to arrange for the orderly consideration of legislation.
UCA’s are similar to rules in that they limit time for debate, determine which amendments are allowable, and provide waivers of Senate rules. In the absence of a UCA, anything goes.

8. Process in the Senate
Compared to the larger House which needs and adheres to well-defined rules, the Senate operates more informally
In the Senate, filibusters (extended debates) are common, which members can effectively engage in to kill a bill
Filibusters can be stopped by cloture which requires 60 votes (3/5ths called an extraordinary majority)

9. The President He may sign it or veto it
Holding it for 10 days while congress is in session is the same as signing
Holding it for 10 days during which congress adjourns is a "pocket veto", which cannot be overridden
to override a veto, 2/3's of both houses is required

10. The Process Reviewed

11. Presidential Legislative Agenda

13. The President As Legislator: The Veto
Perhaps the president’s most formidable tool in dealing with Congress is the veto.
Constitution defines the veto precisely.
Used relatively rarely – most used by Gerald Ford. In the past 50 years, the average is fewer than 10 vetoes a year.
The veto allows the president to block congressional action, but does not allow the president to substitute his own policy preferences.

14. Trends in Veto Use

15. Presidential Vetoes Over Time

16. Presidential Popularity (Bush)

17. Bush’s Approval Ratings
Link to Washington Post Polls

18. Voters’ Focus on Presidents
Voters expect president to act in area of foreign affairs.
Support the president in crisis situations.
“Rally ‘round the flag” effect: The tendency for the public to back presidents in moments of crisis.
While voters are supportive initially, they tend to demand quick results, and often forget foreign policy accomplishments, particularly if domestic economic issues become concerns.

19. War Power
Presidents have more constitutional discretion with respect to foreign policy. But, presidents may not act contrary to the expressed will of Congress.

20. War Power
Prior to Civil War presidents seldom acted on their own on military matters.
Abraham Lincoln first to action based on an expanded interpretation of commander in chief.
Theodore Roosevelt: sent ships to Japan without Congressional approval of cost
Not since WWII has Congress officially declared war.
Truman fought the Korean War without any congressional declaration at all.

21. Vietnam Focused attention on the issue of executive authority
Eisenhower and Kennedy sent “advisors”
Johnson asked for Tonkin Bay Resolution
Authorized response to attack with armed force (was told that U.S. had NOT invaded N. Vietnam’s territorial waters – but in reality they had)
Gave president the authority “to take all necessary measures” to repel any attacks and to “prevent further aggression.”
Resolution was legal basis for a war that would last 8 more years but based on misinformation from the Johnson administration.

22. War Powers Resolution
1973 congressional resolution requiring the president to notify Congress formally upon ordering U.S. troops into military action.
Troops must be withdrawn unless Congress approves the presidential decision within 60 days after notice of the military action has been received.

23. War Powers Resolution & 9/11
At Bush’s request passed war on terrorism resolution.
One dissenting vote in the House.
President authorized to “use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed or aided the terrorist attacks that occurred on Sept 11, or harbored such organizations or persons, in order to prevent any future acts of international terrorism.”
No limit placed on time period in which president may act.
Second resolution focused continuing threat posed by Iraq. But required Bush to exhaust “diplomatic or other peaceful means” of resolving the conflict prior to resorting to force.

24. Treaty Power
Treaties are official agreements with foreign countries that are ratified by the Senate (by 2/3rds).
Because a small number of Senators can block a treaty, Presidents opt instead for executive agreements
These are agreements with foreign countries that require only a presidential signature. Power not found explicitly in the Constitution.
Most executive agreements either are extensions of treaties ratified by the Senate or involve routine presidential actions that have been authorized by Congress.

25. Use of Executive Agreements