Chapter 11

Congress

The First Branch1. Congress has considerable power• Does Congress have the most power?2. Many consider this branch most in need of

repair…Why?3. The actions of Congress say a great deal

about America’s representative democracy

Congress

1. Vote is for candidate, not party

2. Members do not chose President

3. Principal work is representation and action

4. Parties cannot discipline members

5. Candidates will seek re-nomination over party loyalties

6. High power, high pay

Parliament

1. Candidates selected by party

2. Select Prime Minister and other leaders

3. Principal work is debating nat’l issues

4. Re-nomination depends on loyalty to the party

5. Party members remain loyal

6. Less power, less pay

Evolution of Congress

A) Intent of Framers• Oppose concentration of power• Balance large and small statesB) Traditional Criticism• Too slow• Turn around too quick (House)• Turn around not quick enough (incumbents)

C) House Development•2 year term•25 years old•Resident of state•Citizen of US for 7 years•Speaker from majority party•Powerful committees•Representation base on population

1.Problems•Increase in size has bogged down politics…more need for centralization???•Desire for Individual influence has led to institutional weakness…What does this mean?•2 year term???•No term limit

D) The Senate•6 year term•30 years old•Resident of state•Citizen of US for 9 years•Speaker—Vice President•2 /state•Members not elected by people until 17th Amendment•Less members, quicker actions

Problems•“good ole boy network”•Filibuster (helped by issue of cloture)•No term limit

Congressional Powers1. Taxes2. Borrow money3. Regulate foreign and interstate trade4. Establish rules for naturalization and bankruptcy5. Coin money and value6. Weights & measures7. Post office & roads8. Patents & copyrights9. Create courts10. Define and punish piracies11. Declare war12. Raise & support military13. Nat’l guards14. Legislative powers over federal facilities15. Elastic clause

Representing the VotersA) Representational View1. Assumes members vote to pls constituents2. Very strong views on civil rights and social

welfare3. More important in the SenateProblems• Weak on foreign policy• No clear opinion in constituency• Conflict between needed legislator and

constituency

B) Organizational View1.Members of Congress vote to pls colleagues2.Strong influence amongst sponsoring

committeesProblems• Not all issue have clear positions• Minor votes not even examined

C) Attitudinal View1. Party ideology affects vote2. Seen more in the HouseProblems• Issues not well examined• Party loyalty over constituents• Too much influence by committees

Which view would you prefer Congress to have? Explain.

Congressional OrganizationA) Senate• Presiding officer is the Vice President• Leaders are senior members of the majority

& minority parties• President pro tempore—2nd leading

legislative officer (next to Vice), majority party leader

• Whip—a party leader who makes sure party members are present and vote in important issues

• Policy committees—schedule Senate business

1. Committee Assignments for Senatea. Chairman of the Conference—presides over

meeting of all party membersb. Policy Committee—schedule legislation and

makes amendmentsc. Committee on Committees—assigns

republicans to committeesd. Republican Senatorial Committee—provides

funds and assistance to republican candidates for the Senate

B) House1. Speaker of the House is the leader of the

majority party• Duties—recognizes speakers on the floor,

rules whether motions are relevant and germane to the issue at hand, decides to which committee bills go, appoints members of special and select committees

2. Majority & minority leaders3. Whips & assistant whips

4. Committee Assignmentsa. Chairman of the Caucus—presides over meeting

of all House democratsb. Steering & Policy Committee—schedules

legislation and assigns democratic reps to committees

c. Democratic Congressional Campaign Committee—funds and advice to democratic candidates for the House

d. Chairman of Conference—presides over meeting of all House republicans

e. Policy committee—advises on party policy

Congressional CommitteesA) Legislative Committees• Consider bills and proposals• Maintain oversight of executive agencies• Conduct investigations

B) Committee Types1. Select—limited purpose and time2. Joint—both House and Senate serve3. Conference—joint committee to resolve House and Senate

differences regarding a certain bill4. Standing Committees—recommend funding levels—

authorizations—for government operations and for new and existing programs

From Bill to Law1. Introduction—by either house or president2. Sent to committee• Referred by either speaker or presiding officer• Revenue bills must originate in the House• Most bill die in committees• Bills are chopped into subcommittees• Bill is reported on• Bill sent to House Rules Committeea. Closed rule—time limit on debateb. Open rule—amendment from floorc. Restrictive rule—only some amendments

3. Debate in the House• Debate is limited• Majority vote…sent to Senate4. Debate in the Senate• filibuster • Only limit is Cloture—Senate needs 3/5 vote to end debate• If majority exists…sent to President5. Conference Committee• Appointed if bill is changed in the Senate• Senate version favored, but new version must report back to each

House for acceptance or rejection6. Bill in Final Form• Sent to president• President has 4 options: sign, veto, pocket veto, nothing

7. Final Ending• If signed by president, bill becomes law• If vetoed, bill can still become law w/ 2/3rds

vote from both houses of Congress (does not happen…Why?)

House v. SenateHouse

• 435 members• 2 year term• One major committee assignment• Hard to challenge speaker’s

referrals• Scheduling and rules controlled

by majority party• Rules committee is powerful;

controls debate and amendments• Nongermane amendments may

not be introduced from the floor

Senate• 100 members• 6 year term• 2 or more committee assignments• Referral decisions easy to handle• Compromise between both parties

regarding scheduling and rules• Rules committee weak; few limits

on debate and amendments• Debate mostly unlimited• Nongermane amendments may be

introduced

Reforming Congress1. Representative or Direct Democracy?• What do you think?2. Proper Guardians of the Public Weal?• Make Congress less receptive to special interest groups3. Decisive Congress or Deliberate One?• End the gridlock and quicken decisions4. Imposing Term Limits5. Reduce Powers & Perks• Less gifts, less staff, less pork-barrel legislation—bills that give

benefits to constituents in hopes of winning their voting support

Questions1.Congress is frequently criticized, yet most members of Congress are considered hard-working and able people. How do you explain these opposing viewpoints?

2.The following are the non-legislative powers of Congress: propose amendments, decide presidential elections in which a majority in the EC is not reached, impeach the president, check presidential appointments, and conduct investigations. How do these powers illustrate the system of checks & balances?

3.should the bill passing process be modified. Give evidence to support your response.