1. The Congress

2. Learning Objectives
1. Explain the structure and powers of Congress as envisioned by the Constitution.
Analyze the factors that affect the way voters elect members of Congress.
Describe how issues get on the Congressional agenda.
Differentiate among and explain the types of Congressional committees, and their role in legislation.
Identify the leadership structure of Congress, and explain how it effects decision making in Congress.
Appraise the components of the legislative environment and its effect on decision making.
Discuss whether members of Congress should vote according to the views of the majority of their constituents.
Assess Congress through the lenses of Pluralism and Majoritarianism.

3. Structure and Powers of Congress -The Great Compromise
A bicameral legislature requiring an identical bill to pass both houses to be come law.
2 Senators, with a House apportioned proportionally.
Under the Constitution, the Senate was chosen by state legislatures.
The 17th Amendment established direct election in 1913. =

4. Structure and Powers of Congress -Duties of the House and Senate
House of Representatives: -Originate revenue bills (bills that deal with raising money). -Impeachment: the power to bring charges against the President, Vice President, and other “civil officers” of the national government with serious crimes.
Senate: -Confirm Presidential appointments (judges, ambassadors, Cabinet). -Approve treaties by 2/ Impeachment: Conduct the trial, with SC Chief Justice presiding.

5. Structure and Powers of the Congress -Shared Powers
Declare war.
Raise an army and navy.
Borrow and coin money.
Regulate interstate commerce.
Create federal courts.
Establish immigration laws.
All things “Necessary and Proper”.

6. Let’s Play a Game You will now see a series of problems.
Some of them are problems Congress can fix. Others are not.
Your job is to decide whether Congress can do something, and then decide what they should do.
Let’s Begin!

7. Cash Rules Everything Around Me
A Presidential candidate has just run a successful campaign, financed completely with money from the wealthiest six companies in the country and foreign countries. He plans to name their CEO’s to the Cabinet once he takes office.
The popular election has already taken place, and the corporate candidate won. The Electoral College will meet in less than a week.
What can Congress do to stop this? How can Congress keep this from happening again?

8. Mutually-Assured Destruction
The President, who was elected with the help of a foreign country’s government, now has been giving that country special considerations. It has gotten out of hand. That country has invaded Canada. The President has refused to act, saying that it is none of our business. The public is clamoring for some kind of response.
What power does Congress have to help the Canadians defend against this invasion of their sovereign territory?

9. There Auto Be A Law
In an amazing reversal, the Supreme Court has ruled that New York’s stop- and-frisk policy was Constitutional when applied to motor vehicle stops. Now, police officers across the country will be allowed to search your car if they think you look suspicious. Citizen groups are worried that this will allow police to unfairly target Latino and African-American drivers.
What options does Congress have to respond to this?

10. Federal Legislation Against Caribbean Aggression
American have had enough. Due to economic failure, environmental catastrophe, and government mismanagement, refugees from Haiti, Cuba, the Dominican Republic, Jamaica, and the Bahamas have been crashing into the Atlantic coast of Florida in record numbers. Floridians have hired a lobbying group to push Congress to enact tougher penalties for illegal immigration from these five countries.
Does Congress have the right to enact this legislation? Why or why not?

11. Been Caught Stealing
The President was caught with his hand in the cookie jar. Before he took office, he ran a international real estate development firm. Two weeks ago, he declared a new treaty with Singapore, giving them favored nation status. Two days ago, the government of Singapore announced a major urban re-vitalization project, the centerpiece of which is a 120-floor hotel and conference center built by the President’s family’s company.
What can Congress do to deal with this issue?

12. For Homework Read Ch. 11 Pp. 296-307
Make a physical copy of the chart on page 309. Write it and draw it.
Answer the questions for Learning Objectives 1-2 on p. 326 in your notebook.

13. Electing Congress -Incumbency
Elections give people a chance to voice their approval or disapproval by re-electing or replacing their sitting Congresscritter.
In general, people re-elect their legislators.

14. Electing Congress -Incumbency
Why?
Redistricting and Gerrymandering
Name Recognition
Casework. Services performed for individual constituents – tracking down a late Social Security check, help with a family member’s passport or visa, directing a small business owner to the proper federal agency.
Campaign Financing. PAC’s and individual donors preference incumbents, because they’re a safer bet – we already know they can win.

15. The Lawmaking Process -Getting on the Agenda
Three Four ways: -Perennially important (national debt, social security) -Suddenly important (cyber security, climate change) -Knee-jerk reaction (9/11, Sandy Hook) -Presidential support (Affordable Care Act, Iraq War)

16. The Lawmaking Process -Committees
“Congress in session is Congress on public exhibition, Whilst Congress in its committee-rooms is Congress as work.” – Woodrow Wilson
Congresspeople specialize in areas of policy, and work in committees to develop legislation in that area.

17. The Lawmaking Process -Committees
Standing Committees are permanent committees that specialize in a particular area – House Judiciary Committee, Senate Committee on Foreign Relations. They write legislation.
Joint Committees involve members of both houses. Examples – Joint Economic Committee.
Select Committees are temporary, and exist for a specific purpose. Example – 2011 Joint Select Committee on Deficit Reduction.
Conference Committees are temporary, and work out differences between Senate and House versions of legislation.

18. Leadership in Congress -Speaker of the House
Constitutional officer.
The leader of the majority party in the House.
Not the “House Majority Leader.”
Also there’s the Majority Whip, who keeps track of votes and rallies support for legislation.

19. Leadership in Congress -Senate Majority Leader
Schedules legislation.
Steer negotiations over legislation.
Meet with leaders of other house / other party / their own party / President to resolve divisions over legislation.
Majority Leader Mitch McConnell (R-KY)

20. The Rules
House – Rules Committee. 435 members means they need to agree to rules.
Senate – no rules committee. Only 100, so they rely on unanimous consent decrees. If one Senator objects, the bill is stalled. Rare – Senators don’t do this, because they will want cooperation when it’s their turn.
Filibuster – keep talking in the Senate to stop a bill from progressing.
Cloture – 60 Senators vote to stop debate on a bill.
Hold – A letter that signifies an intent to filibuster, asking Senate to not put the bill up for debate.

21. Let’s Play a Game
You will be the Senate, and will work in committees to develop a bill. Your bill will be put up for a vote (according to the schedule planned by the Majority Leader).
Good luck, let’s hope the legislative process works the way you think it does!

22. Let’s Have a Filibuster
Here’s the highlight reel of Ted Cruz filibustering the ACA

23. Filibuster Primer Posted July 18, 2013 Updated November 25, 2014
National Journal Presentation Credits
Producer: Dana Walters
Director: Jessica Guzik

24. Filibusters Block Senate Action with Lengthy Debates
Longest Filibusters in Senate History
Strom Thurmand (R-S.C.)
Year: 1957
Opposing: Civil Rights Act of 1957
24 hours,
18 minutes
Analysis
Filibuster is an informal term for any attempt to block or delay Senate action on a bill or other matter by debating it at length, by offering numerous procedural motions, or by any other delaying or obstructive actions
In 1842 the House placed a time limit on all debate, making the filibuster primarily a Senate tool
Alfonse D’Amato (R-N.Y.)
Year: 1986
Opposing: Military appropriations reduction
23 hours,
30 minutes
Wayne Morse (I-Ore.)
Year: 1953
Opposing: Tidelands Oil bill
22 hours,
26 minutes
Ted Cruz (D-Tx.)
Year: 2013
Opposing: Affordable Care Act
21 hours,
19 minutes
Robert La Follette (D-Wis.)
Year: 1908
Opposing: Currency bill
18 hours,
23 minutes
William Proxmire (D-Wis.)
Year: 1981
Opposing: Raising the debt ceiling
16 hours,
12 minutes
Source: Al Kamen, “Filibusters ain’t what they used to be,” Washington Post, In the Loop Blog, March 6, 2013.

25. Filibusters Criticized for Exploiting Senate’s Small-State Bias
Distribution of Senate Votes by State Constituent Population
State
Constituents per State
Senate Votes
Six votes for roughly one-fourth of U.S. constituents
Sixty-two votes for roughly one-fourth of the U.S. constituents
Key
600,000 Constituents
Senate Votes
Analysis
While the Constitutional Congress’s “Great Compromise” was founded upon establishing two chambers—one with proportional representation (House) and one with equal representation (Senate)—critics argue that the exponential population growth in large states now gives small states an unfair advantage in the Senate
With two senators per state, the Senate voting power of a Wyoming citizen is more than six times that of one in California
Source: U.S. Census Bureau, 2013; New York Times, “The Small State Advantage in the United States Senate,” March 10, 2013; Adam Liptak, “Smaller states find outsize clout growing in Senate,” New York Times, March 2013; Ezra Klein, “This is not your founding fathers’ Senate,” Washington Post Wonk Blog, April 18, 2013.

26. Senate Invokes Cloture to Halt Filibusters
Steps to Invoke Cloture
No: Cloture fails
Senator files a motion for cloture
Judicial or Executive Branch Nominee?
Voted for by at least 51 senators?
Yes: Cloture invoked and filibuster is blocked
Yes: Motion for cloture is taken to vote
Signed by 16 senators?
Piece of legislation or U.S. Supreme Court Nominee?
Voted for by at least 60 senators?
No: Motion for cloture fails and is not taken to vote
No: Cloture fails
Analysis
Cloture, established by U.S. Senate Standing Rule XXII, is the Senate’s only procedure to place a time limit (30 hours) on debate over a bill, by which it may stop a filibuster
In 1975, the Senate reduced the number of votes necessary to invoke cloture from two-thirds to three-fifths
In November 2013, the Senate changed cloture rules as they apply to votes to confirm most judicial and executive branch nominees
Source:
Source: U.S. Senate Reference, 2013; Richard S. Beth and Valerie Heitshusen, “Filibusters and Cloture in the Senate,” Congressional Research Service, Nov. 29, 2012.

27. Spike in Motions for Cloture Bring About Talks of Reform
Motions for Cloture Filed, Taken to Vote, and Invoked
94th Congress: Number of senators required to invoke cloture dropped from two-thirds to three-fifths
Congress
Analysis
The Senate’s use of cloture has risen dramatically in the last two decades, peaking in during the 110th Congress when the Senate filed 139 motions for cloture
It is becoming common practice for the Senate to assume the threat of filibuster and to motion for cloture so that the bill may simply be considered; likewise, if the Senate doesn’t invoke cloture, it is a given that the Senate won’t approve the related bill
Source: Ezra Klein, “The history of the filibuster, in one graph,” Wonk Blog, Washington Post, May 15, 2012; U.S. Senate Reference, April 30, 2013; U.S. Senate Glossary, 2013.

28. The Legislative Environment -Political Parties
Despite their waning national influence, political parties are a strong force in the legislative process.
Parties facilitate (or hinder) advancement.
Parties control committee placements.

29. The Legislative Environment -Political Parties
Parties are ideologically cohesive – the Democrats favor a liberal agenda, and the Republicans favor a conservative agenda.
Traditionally, one of the basic ideals of Congress is that legislators should be willing to bargain with one another.
It is necessary to work with the other party to govern the country.
While it is not expected of Congresspeople to violate their conscience, they are expected to listen to what others say and make an effort to reach a reasonable compromise.
Recently, as parties have become more polarized, compromise has become more difficult to achieve, threatening majoritarianism.

30. The Legislative Environment -Political Parties
The take away: Parties exist, and exert influence on legislators. Lately, as the two major parties have pulled further from each other, they have made it harder for Congress to do their job. This is a threat to our government, as minority factions are more and more willing to hold the legislative process hostage for ideological reasons.

31. The Legislative Environment -The President
Does the President represent the people better than a Legislator?
Does the President represent the people better than the Congress as a whole?
During then 20th century, the people’s expectations of what the President can (and should) do grew enormously.
Today, the White House is involved in writing bills, AND their development as they go through Congress.
The President works with legislators to get bills amended before they reach his desk.

32. The Legislative Environment -The President
The Take away -The President didn’t always interfere with legislation. This has happened more and more since Franklin Roosevelt. Today, the President has people that work in Congress and monitor everything that happens. The President may meet directly with legislators in an attempt to influence legislation. The White House even writes legislation to be sponsored by Congresspeople. Despite this, Congress guards jealously their power of legislation, frequently clashing sharply with the President.
What should the President’s party do in this case?

33. The Legislative Environment -Constituents
Ah yes. We, the People.
Constituents wishes matter because they elect and re- elect (or don’t) Congresspeople.
At all stages of the legislative process, the interests of the voters are on the minds of members of Congress.

34. The Legislative Environment -Interest Groups
Interest groups press legislators to take a particular course of action, believing it is in the best interest of the country.
Legislators listen to them because, ultimately, they represent constituents.
Lobbyists are both an important source of information, and important contributors and fundraisers for campaigns.
Frequently, there is a perceived (or real) conflict of interest.
Interest groups might not be trying to buy exactly what they want, but many believe that support (especially financial) will get them greater access to power.

35. The Dilemma of Representation
78% of representatives said (in 2013) that they spent at least 40 weekends a year in their districts.
At the same time, they are running the most powerful country on earth and meeting with the President.
Political philosophers disagree on whether a legislator needs to vote 100% all the time in accordance with the wishes of their constituents.

36. The Dilemma of Representation -Trustee Model
Representatives are sent by their constituents to vote as they think best.
They elect someone specifically to consider their views, but to do what they themselves think is best.
Legislators are elected because they are educated and make good decisions – they have access to information and resources you and I don’t, and can thus make better decisions, even if I don’t agree with it.

37. The Dilemma of Representation -Delegate Model
Legislators should represent the majority view of their constituents.
They are delegates with specific instructions from the electorate on how to vote on critical issues.
Delegates must be prepared to vote against their own preferences.
The people elect a representative to represent them – their own biases should not come into play as much as possible.