2. Congress

3. Congress & Constitution (1789) Sources of Power: How Should Congress Be Elected? Lower house: popularly elected Upper house: sent by state legislatures Powers of Congress Does Congress elect President? No, Electoral College does Yes, when no candidate receives a majority votes in the College

4. Congress & Constitution (1789) Powers of Congress “Power of the Purse” Appropriation of money Authorization of borrowing taxation Regulatory Power Regulation of currency Punishment of counterfeiting Regulation of inter-state & int’l trade

5. Congress & Constitution (1789) Powers of Congress Law-making Power Establishing rules of naturalization Making patent & copy-right laws Making bankruptcy laws Making amendments to Constitution War-making & Military Power War declaration Raising & supporting armed forces Providing for militia

6. Congress & Constitution (1789) Powers of Congress Power of Personnel Appointment Confirm presidential appointments i.e. Secretary of State, US ambassador to the UN Confirm federal judge nominations Federal court judges (lower courts) US Supreme Court justices Power of Impeachment Bring impeachment charges (House) Try impeachments (Senate) REMEMBER-to impeach means to charge, not to kick out of office!

7. Congress & Constitution (1789) Powers of Congress Other Powers Establishing post office & post roads Fixing weights and measures Providing for the government of D.C. Admitting new states Establishing lower federal courts Number + size

8. Senate vs. the House Size 435 members in the House (since 1911) 100 Senators in the Senate Qualifications House 25 years of age Citizenship for at least 7 years Residency in district: 1 year Term of service: 2 years 1 member per 550,000 people How often are congressional elections? How many members face election each time?

9. Senate vs. House Congress & Constituency House of Representatives Closer to the voters More reflective of voter preferences More answerable to constituents Senate More remote to the voters Allows for political stability & policy continuity Less responsive to changes in popular opinion Can act as a dispassionate counter-weight to the more popular & radical House

10. Qualifications Senate 30 years of age 9 years of citizenship Residency requirement in state: 1 year Term: 6 years 2 seats per state in Senate How often are senators elected? How many senators face election each time? Senate vs. House

11. Legislative role differences Senate More deliberative Why? Less structured House of Representatives More centralized & organized Why? More routine & structured Senate vs. House

12. Congress vs. US Society

13. Minorities in Congress

14. A typical member of Congress is Middle-aged Male White Lawyer Whose father is of the professional or managerial class Native born or from northwestern or central Europe, Canada Congress vs. US Society

15. 2000 Senatorial Race of New York To run for Congress…

16. Three success factors #1: Who’s actually running? Some attributes give a candidate an edge over others, like A record of prior public service National name recognition Hillary Clinton versus Rep. Rick Lazzio Fund-raising capability To run for Congress…

17. Why do members of Congress so easily win re- election?

18. To run for Congress… #2: Incumbency Advantages Visibility Advertise thru contacts with constituents Stay visible thru trips to home districts

19. #2: Incumbency Advantages More visible than challengers Media pays more attention to incumbents Campaign contributions Donations tend to go to those in office Donations to challengers can offend incumbents Take credit for services to individuals & district Casework Attend to voter concerns, requests, and problems Pork barrel legislation Representatives try to steer federal projects, grants & contracts towards their district To run for Congress…

20. #2: Incumbency Advantages Incumbent resources Institutional connections and access to channels of communications “ franking privilege ” (free use of the US mails) As long as it is “congressional business” Tax-funded travel allowance to stay visible in one ’ s own district Incumbents scaring challengers away To run for Congress…

21. Congressional Districts-Gerrymandering! District 23 (Texas) and District 3 (Florida in ’ 92 and ’ 96) To run for Congress…

22. #3: Redistricting Congressional districts redrawn every 10 years after the census To avoid under- or over-representation Re-drawing districts is highly political Used to create advantage for one party-(new law being considered in Ohio to limit this!) Gerrymandering legal on a political, but not a race, basis To run for Congress…

23. Cost to Get Elected Congressional elections are getting more costly Over $3 billion spent on 2014 Congressional election Incumbents outspend their opponents Candidates of major states spend more NC Senate race in 2014 most expensive in history-$108 million spent Cost of Congressional Race…

24. Rising Cost

25. Congress not only represents, it also legislates. Internal complexity makes it hard to conduct business without organization. Congress is organized around: Political parties A committee system Parliamentary rules of the House & Senate Organization of Congress

26. Political Parties House leader election every two years Majority party leader = House Speaker Each party has a Committee on Committees ( Democrats call theirs: the Steering & Policy Committee ) Assign new legislators to committees Transfer incumbents to new committees on request Seniority system Senators and Reps who have served the longest typically receive chairmanships/committee requests before newer members. Representation on committees is proportional to party representation in Congress, e.g. a 60% Republican House gets 60% of the seats on committees-can serve on multiple committees Organization of Congress

27. Party Structure in the Senate President pro tempore presides; this is the member with most seniority in majority party (a largely honorific office) Leaders are the majority leader and the minority leader, elected by their respective party members

28. Copyright © Houghton Mifflin Company. All rights reserved.13 | 27 Party Structure in the Senate Party whips: keep leaders informed, round up votes, count noses Each party has a policy committee: schedules Senate business, prioritizes bills Committee assignments are handled by a group of Senators, each for their own party

29. Copyright © Houghton Mifflin Company. All rights reserved.13 | 28 Party Structure in the House Speaker of the House is leader of majority party and presides over House Majority leader and minority leader: leaders on the floor Party whips keep leaders informed and round up votes Committee assignments and legislative schedule are set by each party

30. Committee System Standing Committees Important policy-making bodies Permanent- Exist from Congress to Congress Parallel executive agencies Foreign Affairs Committee - State Department Intelligence Committee – CIA & others Have power to report legislation for a vote (or not!) Organization of Congress

31. Select Committee Temporary committees No power to report legislation Set up to handle specific issues that fall between the jurisdiction of existing committees A special committee for investigating the Watergate scandal (1973) Organization of Congress

32. Joint Committee Has members from both parties Can be permanent No power to report legislation Four types of joint committees Economic Taxation Library printing Organization of Congress

33. Conference Committee Temporary Members appointed by Speaker & Senate presiding officer For reconciling any differences on legislation once it has been passed by House & Senate The Committee System

34. A number of staff members for every legislator Staff members ( 8,853 in House alone, 2009 ): Handle constituency requests Take care of legislative details Formulate & draft proposals Organize hearing, deal with administrative agencies, reporters and lobbyists… The Staff System

35. What is a caucus? Informal group or committee composed of Senators or Representatives who share opinions, interests or social characteristics. Ideological causes Liberal Democratic Study Group Issue-oriented caucuses Travel & Tourism Caucuses Congressional Friends of Animals Common background caucuses The Congressional Black Caucus The caucuses

36. What is a caucus? Objectives of the Caucuses To advance interests of the groups they represent by promoting legislation, encouraging Congress to hold hearing, and pressing administrative agencies for favorable treatment The caucuses

37. How a Bill Becomes Law Some facts: For a bill to become law, there are many routine hurdles It is easier for opponents to kill a bill than to pass it The law-making process is highly political

38. How a Bill Becomes Law The Law-making Steps 1. Introducing legislation Who can suggest legislation? Members of Congress Executive branch Interest groups Constituents ONLY a MEMBER of Congress can introduce a bill into Congress. No one else. Ever.

39. How a Bill Becomes Law The Law-making Steps 2. Assignment to Committee Given a number in House preceded by “H. R.” and by “S” in Senate Bill referred to a committee Most bills assigned to the appropriate committees Complex bills referred to several committees Controversial bills are sometimes handled by temporary or ad hoc committees set up for that purpose

40. How a Bill Becomes Law The Law-making Steps 2. Assignment to Committee Often, nothing happens to the bills in committee. Neglect leads to death of many bills Bills to be acted on are often referred to the appropriate sub-committees.

41. How a Bill Becomes Law The Law-making Steps 3. Hearing Once the sub-committee or full committee decides to act, hearings are held in which the public/interested parties can testify on the bill In a typical two-year Congress Senate: 1200 hearings House: 2300 hearings

42. How a Bill Becomes Law The Law-making Steps 4. Reporting a Bill When a sub-committee decides to act on a bill, it drafts it line by line It reports it to the full committee The full committee accepts, rejects or amends the bill.

43. How a Bill Becomes Law The Law-making Steps 5. Schedule Debate When a committee agrees to submit a bill to the two houses, it is put on the House & Senate calendar, a list bills for action Each house has different calendars for different bills In House, non-controversial bills are put on the Consent Calendar or Private Calendar to be passed without debate

44. How a Bill Becomes Law The Law-making Steps 5. Schedule Debate Each house has different calendars for different bills Controversial or important bills are placed on the Union Calendar or house Calendar. Rules & procedures (length of debate) are requested from the Rules Committee. Define the following: filibuster, cloture, open rule, closed rule.

45. How a Bill Becomes Law The Law-making Steps 6. Debate & Amendment Opponents & proponents have equal debate time Relevant amendments, if allowed, can be added Floor debate seldom change views of others In Senate, debate can last long time In Senate, filibuster can be used Senators can propose amendments irrelevant to the bill.

46. How a Bill Becomes Law The Law-making Steps 7. The Vote How do members vote? What impact their voting behavior? Personal views Opinions of the constituents Advice of knowledgeable & trusted colleagues Occasionally, President can win over wavering members of their Party to stick with the team or by cutting deals with pivotal members. It is important for members to cast an explainable vote, one that is defendable in public when challenged.

47. How a Bill Becomes Law The Law-making Steps 7. The Vote How do members vote? What impact their voting behavior? It is important for members to cast an explainable vote, one that is defendable in public when challenged. Not every vote has to please the constituents. But, too many “bad” votes are costly and show distance with one’s folks at home.

48. How a Bill Becomes Law The Law-making Steps 8. In Conference Committee Once passed, a bill is sent to the other chamber for consideration If the 2nd chamber passes the bill, it is then sent to the White House for action. But, controversial bills need to go to a Conference Committee to reconcile the differences in the two versions of the bills After Conference, details of the bill are reported back to each chamber before sending to the President.

49. How a Bill Becomes Law The Law-making Steps 7. To the President Approve the bill into law Ignore it, with the result it becomes law in 10 days (not including weekend & when Congress is still in session) Veto it (& facing override in Congress) Pocket veto it (if Congress adjourns before the 10 days are up) When President vetoes a bill, he usually explains why he does so.

50. How a Bill Becomes Law The Law-making Steps 7. Congressional Override of Veto A two-thirds majority is required in each chamber to override the Presidential veto

51. There are two major forces impacting Congressional law-making External influences Constituency Interest groups Internal/governmental influences Party leadership Congressional colleagues President/executive branch Influences on Law-making

52. Influence from the Constituency Members of Congress comply with views of constituents due to re-election need They voluntarily anticipate or find out constituents’ positions 1998, 31 House democrats crossed the party line and voted in favor of an impeachment inquiry (e.g., Congressman Gary Condit) Influences on Law-making

53. Mobilize followers in a member’s congressional districts “Astroturf lobbying” Provide information Influences from Interest Groups

54. Party leaders in Congress have influence over members Party organizations have resources: Leadership PACs PACs (1) raise funds and then (2) distribute to members for running for election PACs enhance party power PACs create bond between leaders & members who receive money Committee Assignments Access to Floor The whip system communication network, with info on member intentions in voting Logrolling Influences from Party Org

55. Since 1940s, President submitted yearly legislative proposals to Congress Since mid-1950s, Congress has looked to the President for legislative proposals Influences from the President