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Chapter 7.

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1 Chapter 7

2 Who Are Your Congressional Reps?
Missouri U. S. House of Representatives By congressional district: 1st — Rep. Lacy Clay Jr. [D] 2nd — Rep. Ann Wagner [R] 3rd — Rep. Blaine Luetkemeyer [R] 4th — Rep. Vicky Hartzler [R] 5th — Rep. Emanuel Cleaver II [D] 6th — Rep. Sam Graves [R] 7th — Rep. Billy Long [R] 8th — Rep. Jason Smith [R] Missouri U. S. Senate Blunt, Roy - (R ) McCaskill, Claire -(D) New Missouri Congressional Districts as of January 2013, based on 2010 Census

3 Missouri U.S. House Reps Blaine Ann Lacy

4 Missouri Senators Claire Roy

5 In this lecture we will learn about
The clash between representation and lawmaking The powers and responsibilities of Congress Congressional membership and elections The organization of Congress and the rules of congressional operation The relationship of citizens to Congress

6 Representation and lawmaking
Representation: the efforts by elected officials to look out for the interests of those who elect them Popular ways to ascertain interests Town Hall Meeting Surveys (phone and mail) Staff analysis of and letters Permitting “access” to interest groups from within district Getting out of Washington and back to district for local conversations Difference between representing the interests of constituency and the interests of the nation Lawmaking: the creation of policy to address the problems and needs of the entire nation Note that certain laws may favor certain lawmakers and hence certain districts more than others. e.g. Tobacco Laws

7 Will your group be represented if you do not
register or turn out to vote?

8 The conflict between representation and law-making
Local good different from national good, and members favor representing their local constituencies Difficult for members to fulfill their collective responsibility of national lawmaking Explains why Americans hate Congress as a whole but love their own senators and representatives Pork Barrel Spending Example Extremely difficult to unseat an incumbent Why the push for term limits What are the benefits and detriments of term limits?

9 Robert Byrd Byrd served as a Senator from 1959 to 2010 and is the longest-serving senator and the longest-serving member in the history of the United States Congress, with a 61 year tenure. Byrd died in office, June 2010.

10 Article I Section 2 of the Constitution: the Legislature
Can states impose term limits on their Congressional Representatives? In U.S. Term Limits Inc. v. Thornton (1995), the majority of S.C. Justices ruled that states cannot alter the constitutional qualifications for membership in Congress. At that time, 23 states already imposed Congressional term limits. What do you think about the constitutionality of term limits? Does anything in the Constitution prohibit the voters to prescribe eligibility requirements for congressional candidates?

11 Term Limits What about, Article 1 Section 4 of the Constitution?:
“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations “ Ask yourself three questions: What was intended by the framers What is in keeping with precedent What is the current political climate or the personal ideologies of the justices.

12 Term Limits Majority opinion:
“Permitting individual States to formulate diverse qualifications for their congressional representatives would result in a patch-work that would be inconsistent with the Framers’ vision of a uniform national Legislature representing the people of the United States” Thought is that the Constitution grants authority to create procedural regulations, but does to provide States with license to exclude or limit access to federal office. Dissenting opinion: “ . . .where the Constitution is silent, it raises no bar to action by the States or the people” What about end result (the incumbent problem)? Should the end result matter?

13 Four kinds of representation
Policy representation: congressional work to advance the issues and ideological preferences of constituents Allocative representation: congressional work to secure projects, services, and funds for the represented district Pork barrel: public works projects and grants for specific districts paid for by general revenues Why engage in “allocative representation”? A way to get re-elected. Congressional work manifested in physical improvement easier seen than social improvements Not viewed negatively by constituents in district where improvements occur, but viewed negatively nationally.

14 Four kinds of representation, cont’d.
Casework: legislative work on behalf of individual constituents to solve their problems with government agencies and programs Examples: Get someone off the “no fly” list Intervene in bureaucratic red tape to force accessibility improvements to public structures (curb cuts for wheel chairs). Symbolic representation: efforts of members of Congress to stand for American ideals or identify with common constituency values Be present when an auto plant closes or when the bodies of service men and women arrive back into the district

15 Powers of the House vs. the Senate
Bicameral legislature: legislature with two chambers Constitutional differences Term length, age, apportionment, treaties, appointments, etc. Organizational differences Size, number of committees, Rules Committee, limits on debate Electoral differences Campaign spending

16 Differences between the House and the Senate
House Senate Constitutional Differences Term length 2 years 6 years Minimum age Citizenship required 7 years 9 years Residency In state In state Apportionment Changes with population Fixed; entire state Impeachment Impeaches official Tries impeached official Treaty-making power No authority 2/3 approval Presidential appointments No authority Majority approval Organizational Differences Size members 100 members Number of standing committees Total committee assignments per member Approx. 6 Approx. 11 Rules Committee Yes No Limits on floor debate Yes No (filibuster possible) Electoral Differences Costs of elections Incumbents $1.26 million $9.4 million Challengers $510, $5.4 million Open seat $1.5 million $10.4 million Incumbency advantage 98% reelected 96% reelected (93.4% 50-year average) (80.4% 50-year average) Source: Roger Davidson and Walter Oleszek, Congress and Its Members, 11th ed. (Washington, D.C.: CQ Press, 2008), 63, 209; Federal Election Commission data compiled by Center for Responsive Politics; calculations by authors.

17 Checks and balances: Congress and the president
Congress passes bills; president signs or vetoes President’s State of the Union address formulates policy President executes laws and is in charge of administering executive branch; Congress exercises oversight of executive branch activities Do you think Congress does a good job of oversight? FDA (Food and Drug Administration) SEC (Securities Exchange Commission) President appoints cabinet, ambassadors, judges to federal courts Senate has “advise and consent” role President represents national constituency; Congress represents district or state constituencies

18 Checks and balances: Congress and the judiciary
Congress makes the laws; the courts interpret them; executive branch implements them Congress sets up lower federal courts, determines salaries; and Congress approves the creation of military tribunals Congress decides jurisdiction for courts to hear cases (sets up the districts) Congress passes legislation that limits courts’ discretion to rule or impose sentences. If the S.C. rules in a way that Congress does not like, Congress passes legislation to counter-it; then S.C. must use their power of judicial review to counter that Congressional action – and so forth. Current example: Campaign finance and Citizens United v. the Federal Election Commission.

19 Congressional elections
Politics of defining congressional districts Reapportionment: a reallocation of congressional seats among the states every ten years, following the census Redistricting: process of redrawing of district lines in states with more than one representative (carried out by state legislators or commission) Gerrymandering: redistricting to benefit a particular group

20 Districting What does “gerrymander” mean?
Under Article I Section 4 of the Constitution, Congress is in charge of dividing the 435 Representatives between the states and states are responsible for districting so that each district is as equal as possible for the selection of Representatives What does “gerrymander” mean? Drawing the boundaries of a district in a way that will create an electoral advantage to one group or party over another.

21 Types of gerrymandering
Pro-incumbent gerrymandering / Partisan gerrymandering Racial gerrymandering: redistricting to enhance or reduce the chances that a racial or an ethnic group will elect members to the legislature Majority-minority districts after Voting Rights Act (1982)

22 Gerrymandering YES NO

23 Gerrymandering Close up of Illinois Congressional Districts 11 and 17

24 Deciding to run for Congress
Who can run? Age (25 House, 30 Senate) Citizenship (U.S. born or naturalized, 7 years for House , 9 for Senate) and residency qualifications (must reside in the State when elected) Why would anyone want this job? Sense of duty, policy, ideology Pay, perks, power Down side: hard work, low job security, expensive Youngest House Member Aaron Schock, R-Ill born 1981

25 Deciding to run for Congress, cont’d.
Strategic politician: office-seeker who bases the decision to run on a rational calculation that he or she will be successful Understands national trends Can pass vetting process

26 Who gets elected? Congress does not represent the public demographically (112 Congress next slide) Descriptive representation: the idea that an elected body should mirror demographically the population it represents

27 112th Congress Religion Composition by Party *Christians: 399    *Republicans: 241    *Democrats: 158       *Protestants: 249          *Republicans: 164          *Democrats: 85       *Catholics: 133          *Democrats: 70          *Republicans: 63       *Mormons: 9          *Republicans: 8          *Democrats: 1 *Jews: 27    *Democrats: 26    *Republicans: 1 *Buddhists: 3    *Democrats: 3    *Republicans: 0 *Muslims: 2    *Democrats: 2    *Republicans: 0 *Agnostics/Atheists: 1    *Democrats: 1    *Republicans: 0 *Unstated/Ambiguous: 3    *Democrats: 3    *Republicans: 0 Party Composition *Republicans: 242 (55.63%) *Democrats: 193 (44.37%) Gender Composition *Men: 363 (83.45%) *Women: 72 (16.55%) Party Composition by Gender *Republicans    *Men: 218 (90.08%)    *Women: 24 (9.92%) *Democrats    *Men: 145 (75.13%)    *Women: 48 (24.87%) Sexual Orientation Composition by Party *Straight/Heterosexuals: 431    *Republicans: 242    *Democrats: 189 *Gay/Homosexuals: 4    *Democrats: 4    *Republicans: 0 Racial Composition *Caucasians/Whites: 362 (83.22%) *African Americans/Blacks: 42 (9.66%) *Hispanics/Latinos: 24 (5.52%) *Asians: 6 (1.38%) *Native Americans: 1 (0.23%)

28 How Congress works: organization
Central role of party Parties frequently vote in unison in Congress Majority party controls leadership structure

29 Organization, cont’d. Speaker of the House: majority party leader, serves as presiding officer of the House Speaker has more power in House than majority leader has in Senate Leadership power depends on person and amount of power given by party members, but typically is in charge of setting legislative agenda (1) preside over the daily sessions, (2) preserve order in the chamber, (3) state parliamentary motions, (4) rule on parliamentary questions, (4) appoint committee chairs and members, (5) refer bills to committee, (6) sign legislation, (7) act as the official spokesman for the House or Assembly.

30 John Boehner Speaker of the House Kevin McCarthy House Majority Leader Harry Reid Senate Majority Leader Nancy Pelosi House Minority Leader President Pro Tem Daniel Inouye Patrick Leahy Senate President Pro tem Mitch McConnell Senate Minority Leader

31 Committee system: types of committees
Standing committees: permanent committees responsible for legislation in particular policy areas. Where the real work is done! Speeches for t.v. audience. Speech in Empty Chamber Draft legislation and provide oversight Committee chairs wield considerable power House Rules Committee: determines how and when debate on a bill will take place Getting on “right” committee essential for members of Congress , hence why it was a problem having term limits in some states and not others

32 House of Rep. Standing Committees
Agriculture Appropriations Armed Services Budget Education and Labor Energy and Commerce Financial Services Foreign Affairs Homeland Security House Administration Judiciary Natural Resources Oversight and Government Reform Rules Science and Technology Small Business. Standards of Official Conduct Transportation and Infrastructure Veterans' Affairs Ways and Means

33 Committee system, cont’d.
Select committees: appointed to deal with an issue or a problem not suited to a standing committee Joint committees: combined House-Senate committee formed to coordinate activities and expedite legislation in a certain area Select Committees: Permanent Select Committee on Intelligence Select Committee on Energy Independence and Global Warming Joint Committees of the Congress: Economic Library Printing Taxation

34 Committee system, cont’d.
Conference committees: formed temporarily to reconcile differences in House and Senate versions of a bill May alter or rewrite legislation Current Hearing Schedule Congressional resources (staff and bureaucracy) have grown

35 How Congress works: process and politics
Separate houses, identical bills Bicameral legislature Fragmentation of legislative power Committees break up legislation Norms of conduct: informal rules that govern behavior in Congress Norms have changed, leading to adversarial behavior The “You Lie” incident

36 How a bill becomes a law – some of the time
Getting on the legislative agenda President: State of the Union, exercises role as policy entrepreneur; highly publicized agenda Legislative process Introduced and then moves through committees (most often dies here or is marked up)

37 How a bill becomes a law, cont’d.
Getting to the floor House has rules on debate from Rules Committee Senate can offer amendments or filibuster (stopped only by cloture) Final challenge: consideration by full House and/or Senate Roll call vote; if bill passes with different language, must go to conference committee Presidential veto Congress can override veto with two-thirds vote in each chamber

38

39 The citizens and Congress: why the public dislikes Congress
Feb. 14th, Recent polling by Washington Post-ABC News poll found that “The deep recession, continued high unemployment and political polarization in Washington have put the country in a sour mood toward politicians.” According to this poll, disapproval of Congress reached 71 percent in February (The Washington Post) - Current polling Changing nature of campaigns (voter cynicism and candidates running against Congress) Negative media coverage of Congress Role of money in congressional elections Need to raise funds Suspicion about special interest access

40 Why the public dislikes Congress, cont’d.
Dissatisfaction with congressional politics Want efficiency, not bickering Reforms are not likely to work Congress has problems policing itself Founders intended Congress not to move hastily


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