The Legislative Branch: Congress

1
The Legislative Branch Congress
2
The Evolution of Congress

• Intent of Framers
• Congress generally dominant over the presidency
  for more than 140 years.
• Rise of party control
• Popular Election of Senators in 1913

3
Congressional Functions

• Representation
• Lawmaking
• Consensus building
• Overseeing (Oversight)
• Policy clarification

4
Who is in Congress?

• Requirements Senate 30 years old, a citizen
  for 9 years and a resident of the state House of
  Representatives 25 years old, a citizen for 7
  years and a resident of the district he or she
  represents.
• Years of service No terms limits, thus the
  incumbency effect
• Party Affiliation
• Sex, race, religion?

5
According to C-Spans Membership of the 111th
Congress A Profile

• The average age of Members of both Houses of
  Congress at the convening of the 111th Congress
  is 58.2 years of Members of the House, 57.0
  years and of Senators, 63.1 years. The
  overwhelming majority of Members have a college
  education. The dominant professions of Members
  are public service/politics, business, and law.
  Protestants collectively constitute the majority
  religious affiliation of Members. Roman Catholics
  account for the largest single religious
  denomination, and numerous other affiliations are
  represented.
• A record number of 95 women serve in the 111th
  Congress 78 in the House, 17 in the Senate.
  There are 41 African American Members of the
  House and none in the Senate. This number
  includes two Delegates. There are 31 Hispanic or
  Latino Members serving 28 in the House,
  including the Resident Commissioner, and three in
  the Senate. Eleven Members (seven
  Representatives, two Delegates, and two Senators)
  are Asian or Native Hawaiian/other Pacific
  Islander. The only American Indian (Native
  American) serves in the House.

6
112th Congress

• The average age of Members of the House at the
  beginning of the 112th Congress was 56.7 years
  and of Senators, 62.2 years. The overwhelming
  majority of Members have a college education. The
  dominant professions of Members are public
  service/politics, business, and law. Protestants
  collectively constitute the majority religious
  affiliation of Members. Roman Catholics account
  for the largest single religious denomination,
  and numerous other affiliations are represented
• Ninety-one women serve in the 112th Congress 74
  in the House, including 3 Delegates, and 17 in
  the Senate. There are 44 African American Members
  of the House (a record number) and none in the
  Senate. This House number includes two Delegates.
  There are 28 Hispanic or Latino Members serving
  26 in the House, including the Resident
  Commissioner, and 2 in the Senate. Thirteen
  Members (nine Representatives, two Delegates, and
  two Senators) are Asian or Native Hawaiian/other
  Pacific Islander. The only American Indian
  (Native American) serves in the House.
• Source www.Senate.gov

7
Getting Elected

• Representatives elected from single member
  districts
• Senators serve six year terms and Representatives
  serve two year terms. One-third of the senators
  are up for re-election every two years, making
  the Senate a continuous body.
• Problem of drawing district boundaries
  (gerrymandering)
• Congress decides size of the House of
  Representatives reapportioned every 10 years
• The incumbency effect occurs due to name
  recognition, casework for constituents, media
  exposure, experience, voting records.
• No term limits.

8
Organization of Congress

• Senate leaders are the majority leader and the
  minority leader. The Vice President is the
  President of the Senate.
• The Speaker of the House is the leader of the
  House of Representatives.
• Party whips keep leaders informed
• Senate Policy Committee gives senators
• committee assignments
• House Rules committee controlled by the
  Speaker of the House
• Party of majority controls all committee chairs
  and majority members of every committee

9
Types of Committees

• Standing Committees, Select Committees, Joint
  Committees, Joint Conference Committees
• The Senate has 20 committees, 68 subcommittees
  and four joint committees including Foreign
  Relations, Armed Services, Health, Education,
  Labor and Pensions and Homeland Security and
  Governmental Affairs (see www.senate.gov for full
  listing and specific information.)
• The House of Representatives has 22 committees
  and more than 100 subcommittees including
  Agriculture, Education and Labor, Rules, Science
  and Technology and Ways and Means (see
  www.House.gov for full listing and specific
  information.)

10
Roles and Privileges of Members of Congress

• Roles
• Policymaker
• Representative (Delegate or Trustee?)
• Constituent Servant
• Committee Member
• Politician/Party Member
• Privileges
• Offices and staff
• Travel allowances
• Franking privilege
• Immunity from certain charges

11
Congressional Powers

• Delegated Powers Article I, Section 8 - tax,
  defend, borrow money, regulate commerce, raise
  and regulate an army, declare war
• Implied Powers Article I, Section 8, Clause 18,
  Necessary and Proper Clause, Elastic Clause
• The Senate has the power to confirm presidential
  nominations such as Supreme Court justices,
  ambassadors, federal judges, ratify treaties and
  hold impeachment trials.
• All revenue bills (raising taxes) must start in
  the House.
• Congress can also override a presidential veto
  and initiate amendments.
• Oversight Power

12
How a Bill Becomes a Law

• http//bensguide.gpo.gov/9-12/lawmaking/index.html
  
• When debating a bill, the Senate may use the
  filibuster, but the House debate is limited. The
  Rule of Cloture ends a filibuster.

13
Legislative Tactics

• Caucuses
• The Committee System
• Filibuster and cloture
• Pork Barrel Legislation
• Logrolling
• Riders
• Amendments
• Lobbying
• Legislative veto (used between 1932 and 1980, but
  declared unconstitutional in 1983.

14
Influences on Lawmakers

• Ideology
• Colleagues
• Staff
• Party
• President
• Constituents
• Lobbyists and Special Interest Groups