Unit 6: Congress

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Unit 6Congress
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• BICAMERAL LEGISLATURE A. different
  constituencies 1. Senate-state wide 2.
  House-Congressional district
• --Some countries base representation on
  ethnicity, race, gender, or religious beliefs
  rather than geography. Would you support such a
  system? B. staggered terms 1. 100 of House
  every 2 years 2. 1/3 of Senate every 2 years

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• BICAMERAL LEGISLATURE C. different terms 1.
  House-2 years 2. Senate-6 years
• --What additional qualifications other than those
  in Article I should be used when choosing a
  Congressperson?
• --Members of Congress can serve an unlimited of
  terms. Is this consistent with the principles of
  representative democracy and limited govt? D.
  different and complementary powers

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E. individual members are parochial in
theirinterestsF. Congress is accused of being
inefficient,ineffective, partisan,
unrepresentative, unaccountable G. prolific
numbers of committee's with overlapping
jurisdictions, and ever increasing numbers of
staffersH. better educated more independent
members are weakening political party control 1.
new members run against the institution 2.
difficulty in creating coalitions within
the parties as voting blocks within Congress
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• 3. Democrats could not or would not deliver
  Clinton his agenda and led to 1994 defeat in BOTH
  houses
• 4. In 2000 Republicans have narrow lead in
  House and a tie in the Senate
• a. Vice president votes in a tie only
• II. CRITICS OF CONGRESSIONAL POWER
• A. too meddlesome
• B. violates delegated powers of president
• 1. foreign policy
• 2. economic policy
• 3. national security
• C. inefficient, too parochial

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• III. CONGRESSIONAL DISTRICTS ELECTIONS
• A. House members are elected from single member
  districts
• --Because of this, minorities within a district
  might be underrepresented. Many Western nations
  have multimember districts in which different
  representatives are elected to serve the
  interests of different groups within the
  district. This is called proportional
  representation. What are the advantages and
  disadvantages?
• B. Incumbents are big winners in Both House
• Senate
• 1. 1996-94 in House
• 2. 1998-97 in House
• 3. 1998-26 of 29 in Senate

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• 4. Safe seats are in districts where the
  incumbent faces little challenge
• a. The House leadership of both parties would
  not normally face a reelection challenge
• --What are the advantages of having a
  representative body made up of seasoned
  lawmakers? What are the disadvantages of
  allowing members of Congress to serve as long as
  their constituents reelect them?

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• C. The census and reapportionment
• 1. The census counts the population per state
• 2. Reapportioning of House seats happens in
  year after census
• a. total House seats set 435 (by law)
• b. All congressional districts must be
• equal in population
• (1) to guarantee equal power of
• everyone's vote Baker v Carr Wesberry v Sanders
• c. Redistricting in 2001

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• 3. State legislature determines the district
• boundaries
• 4. There is no constitutional guarantee of
• racial/ethnic minority representation
• 5. Gerrymandering
• a. Manipulating boundaries to favor a
• party
• b. Boundaries of districts must be contiguous
• c. The party in control of the state
• legislature has an advantage in drawing
• boundaries
• d. Redistricting is subject to federal court
  suit

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• 6. Non-contiguous boundaries to guarantee
  majority minority voting districts are
  unconstitutional
• a. Republicans are in favor of majority
  minority districts to remove African American
  voters from republican districts to help
  republicans get elected (Blacks vote over 90
  democrat and can change the outcome of close
  elections in favor of democrats)

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• Shaw v. Reno- 1993
• Case concerned reapportionment and civil rights
• North Carolina created a congressional district
  which was, in parts, no wider than the interstate
  road along which it stretched in order to create
  a black-majority district
• AKAMajority-minority district
• Five North Carolina residents challenged the
  constitutionality of this unusually shaped
  district, alleging that its only purpose was to
  secure the election of additional black
  representatives.
• Was this gerrymandering case constitutional?

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North Carolina District under scrutiny in Shaw v
Reno
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Example of Gerrymandering in Georgia 11th
District-1992 -Attempt to Create a Majority-
Minority District
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• Ruling and Importance
• The Court said NO in this case!
• It ruled although North Carolina's
  reapportionment plan was racially neutral on its
  face, the resulting district shape was bizarre
  enough to suggest that it constituted an effort
  to separate voters into different districts based
  on race.
• The unusual district, while perhaps created by
  noble intentions, seemed to exceed what was
  reasonably necessary to avoid racial imbalances.
• Left door open for some instances in future.

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• 7. Population shifts have increased
  representation in the sun belt and reduced
  representation in the northeast and rust belt
  states across the upper Midwest
• a. 1990 - 13 states lost representation and 8
  gained
• (1) CA 7
• (2) FL 4
• (3) TX 3
• (4) NY-3
• b. 2000
• (1) AZ 2
• (2) TX 2
• (3) CA 1
• (4) FL 1
• (5) GA 1
• (6) NV 1
• (7) NY-2
• (8) PA-2

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IV. Bicameralism

• HOUSE
• 2 year term
• 435 members
• smaller constituency
• smaller staff
• equal populations
• Represented
• strict rules
• limited (timed) debate
• policy specialists
• less media coverage
• less prestige

• SENATE
• 6 year term
• 100 members
• Larger constituency
• larger staff
• Unequal populations
• Represented
• flexible rules
• unlimited debate policy
• Generalists
• more media coverage
• more prestige

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IV. Bicameralism

• HOUSE
• more powerful
• committee
• Chairs
• riders not allowed
• closed rule with no
• amendments to bills
• bill controlling rules
• committee
• reflective of popular will

• SENATE
• less powerful
• Committee
• Chairs
• Riders allowed
• amendments allowed
• treaty ratification and
• appointment
• Confirmation
• more moderate and less
• reflective of popular will

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A. Who is represented in Congress DESCRIPTIVE
REPRESENTATION
Characteristics Senate House
Average age 60 55
Women 14 70
African Americans 1 42
Hispanics 2 26
Native Americans 0 1
Youngest 41 30
Oldest 88 82
Catholic 24 129

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A. Who is represented in Congress DESCRIPTIVE
REPRESENTATION contd

Characteristics Senate House
Jewish 11 26
Protestant 5 33
Lawyers 58 160
Business 30 163
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• V. THE CONGRESSIONAL POWERS
• A. DELEGATED POWERS OF BOTH HOUSES
• 1. defend
• 2. tax
• 3. borrow money
• 4. regulate commerce
• 5. raise and regulate an army
• 6. declare war
• 7. Create and make rules for Federal Courts
• a. original jurisdiction
• b. appellate jurisdiction
• 8. necessary proper clause--implied powers

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• B. SENATE
• 1. confirm Presidential nominations by simple
  majority (40 Senators in opposition could
  filibuster and prevent cloture)
• a. The Cabinet
• b. SC Justices
• c. All federal judges
• d. Ambassadors
• e. US marshals
• 2. ratify treaties
• 3. hold impeachment trials for BOTH fed. judges
  president
• 4. oversight of intelligence agencies with
  House
• 5. helps regulate bureaucracy

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• C. HOUSE
• 1. ALL REVENUE BILLS MUST START IN
• HOUSE
• a. Taxation and appropriations
• (1) Ways and Means Committee
• 2. The budget
• 3. Department oversight
• a. Rule making
• --Why did the Framers enumerate the powers of
  Congress? Why did they not enumerate powers for
  the exec and judicial branches?
• VI. CONGRESSIONAL FUNCTIONS
• A. representation
• B. overseeing bureaucracy
• C. consensus building

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VII. The Legislative Process
House Senate
Bill introduced and sent to appropriate committee for review Bill introduced and sent to appropriate committee for review
Subcommittee holds hearings, investigates, marks-up, approves, sends back to committee for approval Subcommittee holds hearings, investigates, marks-up, approves, sends back to committee for approval
Sent to Rules Committee for debate rules and schedule for a House vote No Rules Committee in Senate. Why? Only 100 members, rules not necessary
Full House debate and vote if different from Senate bill goes to Full Senate debate and vote if different from House bill goes to
Conference Committee members of both houses arrive at a compromise bill which reconciles differences Conference Committee members of both houses arrive at a compromise bill which reconciles differences
House vote, if passes goes to Senate vote, if passes goes to
President who signs or vetoes if vetoed back to the house of origination for changes to meet Presidents objections or passage by 2/3rds vote in both houses to override veto President who signs or vetoes if vetoed back to the house of origination for changes to meet Presidents objections or passage by 2/3rds vote in both houses to override veto

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• A. The political agenda becomes the legislative
• agenda
• 1. If there is a perceived public problem it
  could become part of the political agenda on
  which politicians campaign
• a. Social Security reform
• b. Education reform
• c. Medicaid reform
• 2. An event could draw attention to a problem
• a. A terrorist bombing and national
• security
• b. The closeness and problems of the Florida
  presidential vote in 2000

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• (1) punch card results
• (2) minority disenfranchisement
• because of problems with voter registration
• (3) improper design of the ballot
• (4) lack of standards in recounts
• c. Airline traffic delay
• B. The committee system and bills
• 1. Bills are sent to committees with the
  appropriate jurisdiction
• a. Banking bills to the Banking Committee
• b. Environmental bills to the environmental
  committee

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• 2. Subcommittees of committees work on
• details of bills
• 3. The House Rules Committee aka the traffic
  cop
• a. Sets the date for the debate and the vote
  on the bill in the full house
• b. Determines whether amendments to bills will
  be allowed on the floor
• (1) open rule-amendments allowed
• (2) closed rule-amendments not allowed

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• c. The Senate allows amendments even
  non-germane riders and has no "Rules Committee
• (1) a rider to a bill is an attachment to a
  bill of a different subject
• (a) a foreign aid rider attached to a clean
  water environmental law
• 4. The presidential veto
• a. The rejection is in writing and sent to the
  house where the bill originated
• b. Veto proof bills are those passed by more
  than 2/3rds of the members of the House and
  Senate
• c. A bill unsigned for more than 10 days
  automatically becomes law

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• d. If Congress adjourns within 10 days all
  bills must be signed or is pocket vetoed.
• (1) pocket vetoes require no reasons
• (2) the bill must begin all over again
  through Congress if pocket vetoed
• 5. Pork barrel legislation is wasteful spending
  of money by Congress usually stuck onto a bill in
  the form of a rider 6.The Line Item Veto passed
  by Congress in 1996 allowed the president to veto
  a part of a bill
• a. Declared unconstitutional as an
• undelegated executive power Clinton v City o/New
  York 1998
• b. The president can only veto an entire bill

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• 7. Reasons Congress would give the president
• the line item veto
• a. Congress cannot control pork barrel
  spending
• (1) the primary reason for getting reelected
• b. Congress wants to shift responsibility for
  making difficult decisions to the executive
  branch
• C. Committee structures
• 1. Standing committees
• a. Specialized permanent committees in both
  houses
• (1) House Ways and Means Committee
• (2) Senate Judiciary Committee
• (3) House National Security Committee
• (4) Senate Armed Services Committee

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• b. 18 standing committees in Senate
• c. 20 standing committees in House
• d. House members and committees
• (1) house divides committees into three
  categories
• (a) Exclusive committees
• i) Ways and Means
• ii) Rules
• iii) Appropriations
• members who serve on one of these committees
  cannot serve on any other committee

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• (b) Major committees
• i) National Security Committee
• ii) members who serve on these committees
  can serve on 2 non- major committees
• (c) Non-major committees
• i) Small Business
• ii) members can serve on 2 or 3 of these
• 2. Joint Committees
• a. Made up of members of both houses
• b. Usually cannot send bills for floor votes
• c. Used for publicity and investigation

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• 3. Select Committees
• a. Temporary committees created for a specific
  purpose
• (1) House Watergate Committee
• (2) Senate Committee on Unfair
• Campaign Practices
• (3) Iran Contra Select Committee
• 4. Conference Committees
• a. Temporary committee of both houses created
  to work out compromises on bills passed by both
  houses
• b. Members are usually from the committees of
  both houses who investigated and marked up the
  bill
• c. Compromise bills reported out cannot be
  amended by the two houses

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• D. Committee responsibilities
• 1. Rule making
• 2. Oversight
• 3. Budget making
• 4. Investigations to further legislation
• a. Committees have broad powers
• (1) can subpoena (compel) witnesses to
• appear
• (2) can grant "use" and "transactional
• immunity"
• (3) cannot indict or try persons (bills of
  attainder and bills of pains and penalties)
• (4) there must be a legislative purpose
• to call witnesses

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• (5) can charge for contempt (refusing to
  testify after a grant of immunity) and for
  perjury
• b. Purposes of investigation
• (1) finding facts on which to base
  legislation
• (2) discovering or influencing public
  opinion
• (3) overseeing executive administrative
  agencies
• (4) probing into questionable activities
  of public officials

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• (5) securing partisan political gain/agenda
• E. Members of both House and Senate serve on
• multiple committees
• 1. Members of House committees are considered
  experts
• 2. Members of Senate committees are considered
  generalists
• 3. Senators tend to serve on more committees
  than House members
• F. Discharge petitions force bills from
  committees
• to the House or Senate floor

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• G. Pigeonholing kills a bill in committee
• 1. Most bills are pigeonholedoccurs when a
  standing committee refuses to report the bill out
  of committee and send it to a floor vote.
• H. Congressional oversight
• 1. Committees review agencies' operations to
• determine if legislative intent (policies) are
  being carried out
• a. Holding hearings and calling witnesses
• 2. Appropriating money for agencies only if
  certain conditions on policy are met
• 3.Confirming or denying the appointment of
  agency heads
• 4.Increase the size of Congressional staff to
  better manage oversight

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• I. Policy effects of the committee system
• 1.Committee membership promotes pluralism
• a. Members try to serve on committees which
  can help their constituents
• (1) someone from rural Kansas on the
  agriculture committee
• (2) someone from urban New York on committees
  which handle social programs
• J. Majoritarian effect of the committee system
• 1.The majority party in each house will decide
  the chair of all committees in that house
• 2.The majority party in each house will have a
  majority of seats (votes) in each committee

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• 3.Party affiliation is the most important
  influence on how members vote
• K. Seniority and the committee system
• 1.Usually the longest serving member of a
  committee from the majority party will serve as
  the committee chair
• 2.Usually the longest serving member of the
  minority party will serve as the ranking member
• 3. favors stable constituencies where there is
  little competition
• 4. elevates the most experienced
• 5. creates "a good old boy" network (not what
  you know but how long you have been around)

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• VIII. CONGRESSIONAL LEADERSHIP
• A. THE HOUSE
• 1. The Speaker (Nancy Pelosimother of the
  reporter from Journeys with George)
• a. chosen by the majority party
• b. lots of seniority
• c. Directs the House recognizes
• members who want to speak
• d. Speaker has influence
• over the Rules
• Committee

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• e. appoints members to
• (1) select (special) committees
• (2) conference (temporary) committees
• (3) standing committee (permanent)
• (4) Speaker determines which bills go to
  which committees
• f. heads party leadership conference
• g. second in line to be president

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• 2. House majority leader (Steny Hoyer)
• a. Keeps party members in line
• b. Helps determine party policy strategy
• c. member of the majority party
• d. acts as a liaison with minority party
• e. next in line to become Speaker

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• 3. House minority leader
• a. Keeps party members in line
• b. Helps determine party policy strategy
• c. Becomes speaker when party gains a
  majority
• d. member of the minority
• party
• e. liaison with majority
• party

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• 4. House majority and minority whips
• a. Help party leaders maintain party loyalty
  with House membership
• b. keeps tabs on how party members are lining
  up for a vote

Roy Blunt, House Minority Whip
Ray Clyburn, House Majority Whip
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• B. THE SENATE
• 1. The Vice President is the President of the
• SenateDick Cheney
• a. The Vice President's only constitutional
• responsibility other than taking over for the
  President
• b. Only votes to break a tie vote

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• 2. President Pro TemporeRobert Byrd
• a. Acts as Senate President in the absence
  of the Vice President
• b. Usually most senior Senator
• c. An honorary position with little power
• d. 3rd in line for the presidency

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• 3. Majority leader (Harry Reid)
• a. Head of the majority party in the Senate
• b. Policy initiator
• c. Power broker
• d. Determines the policy agenda for floor
  debate
• e. works with the minority leader to reach an
  agreement on the number of amendments allowed on
  bills that are debated
• f. assigns committee assignments

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• 4. Minority leader (Mitch McConnell)
• a. Head of the minority party in the Senate
• b. Power broker
• c. Becomes majority leader if party gains a
• majority of seats
• d. often coordinates
• Senate filibusters
• led by minority
• party members

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Senate Majority Whip

• Dick Durbin
• (D-IL)
• born 1944
• Senate since 1997

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Senate Minority Whip

• The fourth ranking
• member of the Senate
• The main function of the
• Minority Whip is to gather votes on major issues
  among members of the minority party.

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• IX. CONGRESSIONAL RULES
• A. HOUSE
• 1. PARTY CAUCUS meeting of party members to
  choose party leadership and develop a party
  agenda
• a. Republicans call the meeting a PARTY
• CONFERENCE
• b. meets at the beginning of every session (2
  sessions make up 1 term) (Jan. 2001 to
  Dec.2001--1st session of 107th Congress) to
  decide permanent committee assignments--each
  party determines its own assignments

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• 2. The House Rules Committee--determines all
  rules of debate on House floor
• a. time of debate, closed rule, open rule,
• special rules (no amendments)
• 3. Quorum -- simple majority
• B. THE SENATE
• 1. the filibuster -- unlimited debate without
  end
• a. Used to prevent a vote on a bill or a
• confirmation
• b. Will cause stoppage of all other Senate
• floor business

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• 2. cloture -- a vote of 60 of 100 members stops
• debate but allows 30 more hours for debate
• 3. A "hold" -- a temporary "time-out" requested
• by a member to delay a bill or nomination
• 4. Confirmation politics
• a. Senatorial courtesy
• (1) Senator from a state where a presidential
  appointment will be made is asked if they will
  support the appointment
• X. THE THEORIES OF REPRESENTATION
• A. TRUSTEESHIP
• 1. To lead and inform
• 2. To do what is right
• 3 . It is the end not the process

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• B. DELEGATE THEORY
• 1. To represent the voter
• 2. To do as the voter requests
• 3. It is the process not the end
• --Is a good representative one who reflects and
  directly states his or her constituents views
  and characteristics or one who enlarges those
  views in pursuit of a common good?

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• XI. WHY DO THEY VOTE THAT WAY?
• A. Pressure from
• 1. President
• 2. Party
• 3. Ideology
• 4. Constituency
• 5. Interest groups
• 6. Colleagues
• a. Log rolling
• 7. Congressional staff
• 8. PAC's

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• Tonkin Gulf Resolution- 1964
• Congressional resolution passed in 1964 that
  authorized military action in Southeast Asia.
• Officially started Vietnam War/Conflict for US
• Congress gave the president powers beyond those
  found in Article II
• The Resolution was replaced by the War Powers Act
  (Resolution) in 1973

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• War Powers Act- 1973
• The War Powers Act (Resolution) of 1973
  restricted the power of the president
• Requires the president to consult with Congress
  prior to the start of any hostilities as well as
  regularly until U.S. armed forces are no longer
  engaged in hostilities
• Required president to remove U.S. armed forces
  from hostilities if Congress has not declared war
  or passed a resolution authorizing the use of
  force within 60 days
• Following an official request by the President to
  Congress, the time limit can be extended by an
  additional 30 days (presumably when "unavoidable
  military necessity" requires additional action
  for a safe withdrawal.

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• Congressional Budget and Impoundment Act
• CBIA-1974
• Denied the president the right to refuse to spend
  money authorized by Congress