Chapter 13: CongressUnit 4

Congress Versus Parliament

Congress Independent representatives of districts or states (decentralized) Work = representation, individual voting, establishing laws

Parliament Loyal to national party leadership Work = debate & party voting to keep Prime Minister and cabinet members

in power

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POWERS OF CONGRESSArticle 1, section 8 from pocket constitutions!

Taxes Borrow money Regulate commerce (trade) – foreign & interstate Naturalization & bankruptcy laws Coin/Print money & establish counterfeit laws/punishments Establish post offices Issue patents & copyrights Create lower federal courts Establish laws, control & punishments concerning the seas Declare war Raise & support army/navy Provide for militia through states (National Guard) Necessary and Proper Clause**

Bicameral Structure2 Chambers: House of Reps & Senate

113th Congress: January 2013 – January 2015

** based off of 2012 midterm elections

Party Polarization:

Majority of the 2 major political parties opposing the other

Post 1970s = GREAT increase in party polarization in congress and decrease in bipartisan compromise

Polarization in Congress

1. CLICK ON THE LINK

Congress: In the Real World

2. Select “In the Real World” from the right tab

3. Click on the “VIDEO” tab and watch video

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Sources: Updated through 2008 by Zach Courser; NES data as reported in 2001–2002; Harold W.Stanley and Richard G. Niemi, Vital Statistics on American Politics (CQ Press, 2001), 211. Reprinted bypermission of Congressional Quarterly, Inc.

Note: A party vote occurs when the specified percentage (or more) of one party votes against the specified percentage (or more) of the other party.

Why Polarization in Congress post 1970s?

Prior to 1970s:

1. “Seniority based” leadership

- much experiences and practiced the “art” of the political deal (bipartisan compromise)

2. Established Interparty coalitions to obtain chairmanships

Post 1970s:

3. “Disappearing center”- conservative democrats and liberal republicans = EXTINCT!

2. NOT “senior based” leadership

- congressmen = more bold and set in political ideologies than older more experienced congressmen

Party UnityLower today than 100 years ago, but…..

Ideology important variable explaining party voting (members vote with their party 80% of the time)

Polarization trends:o1976 HR = 36%; S = 37%o1995 HR = 73%; S = 69%o2000 HR = 43%; S = 49%

WATCH FIRST 3 MIN – Stewart on Congress

Congressional Caucuses Congressional Caucuses:

groups (may be bipartisan) meeting to pursue common legislative objectives

Rivals to parties in policy formulation

Examples: Democratic Study Group, Congressional Black Caucus, Tuesday Lunch Bunch, Human Rights, Congressional Caucus for Women’s Issues, Out of Iraq Caucus,

Rural Caucus, Travel & Tourism Caucus, House Caucus on Missing and Exploited Children

Who’s in Congress?

Who’s in Congress?

House of Reps 435 members (population of state) 2 year terms MUST be 25 yrs. Old MUST be U.S. citizen for 7 years MUST be resident of state representing

* Power to impeach (formally accuse)

* Handle bills dealing with money (taxes/spending)

233 Republicans

3 Vacancies

201 Democrats

Senate 100 members (2 per state) 6 year terms MUST be 30 yrs. Old MUST be U.S. citizen for 9 years MUST be resident of state representing

* Handles foreign/ratification treaties

* Approves presidential appointments

* Hold impeachment trials and remove officials from office

53 Democrats

2 Indep. (Caucusing with Dems)

45 Republicans

House v. SenateHouse

435 members; 2 yr terms

Low turnover

Speaker bill referral hard to challenge

Scheduling/rules controlled by majority party with powerful Rules Committee (controls time of debate, amends., etc)

Senate

■ 100 members; 6 yr terms

■ Moderate turnover

■ Referral decisions easily challenged

■ Scheduling/rules agreed to by majority & minority leaders

House v. Senate: IN COMMITTEE

House

■ Debate limited to 1 hour

■ Members policy specialists

■ Emphasizes tax & revenue policy

■ More formal & impersonal

Senate

■ Unlimited debate unless cloture invoked

■ Members policy generalists

■ Emphasizes foreign policy

■ More informal & personal

Congress: The Basics Explained1. CLICK ON THE LINK

Congress: The Basics

2. Select “The Basics” from the right tab

3. Click on the “VIDEO” tab and watch video

Congressional ElectionsIncumbency!!

REELECTION RATES = 90% average

Congressional ElectionsMarginal Districts:

close/competitive elections (less than 55% of vote)

Safe Districts:

incumbent landslide election (more than 55% of vote)

** DIFFERENCE MAKER = $ and name recognition!!

** Elections where there is no running incumbent = MORE COMPETITION and more spending

House Leadershipmentioned in Article 1, section 2 of the Constitution Speaker of the House:

- Majority party (R) elected

* GOAL = pass legislation favored by majority party

POWER Phase #6 – “powerful speaker”- Selects chair memberships of committees- Selects 9 of the 13 members on the House Rules Committee- Appoints ALL members of select committees and conference

committees- Determines which bills go to which committee for action- Determines which bills reach the floor and runs vote

House Leadership: REPUBLICANS- Speaker of the House : John Boehner

- Majority Leader: Eric Cantor

* elected by majority party

* assists Speaker, helps schedule business

- Majority Whip: Kevin McCarthy* “spokesperson”/reporter to majority leader on stance of

committee members and voting trends to predict and schedule floor voting

* get the “inside scoop” on views/attitudes of controversial issues

* mobilizes members

Chairman of Conference Policy Committee Committee on Committees National Republican Congressional Committee Research Committee

House Leadership: DEMOCRATS

- Minority Leader: Nancy Pelosi

* elected by minority party

* coordinates with/opposes the majority leader

- Minority Whip: Steny Hoyer* “spokesperson”/reporter to minority leader on stance of committee members and voting trends to predict and

schedule floor voting

* get the “inside scoop” on views/attitudes of controversial issues

* mobilizes members

Chairman of the Caucus Steering & Policy Committee Democratic Congressional Campaign Committee

House Committees* 19 standing committees, 100+ subcommittees, 3 permanent select committees

Standing Committee:

permanent committees with specific responsibilities

Subcommittees :

formed to tackle very specific tasks within the jurisdiction of the full committees

** REFERENCE YOUR HOUSE COMMITTEE CHART from student group presentations!

Rules Committee

Appropriations Committee

Ways and Means

Appropriations Committee March 2, 1865, the House separated the appropriating, banking and currency duties from the

Committee on Ways and Means (established in 1789). It assigned them to two new committees:

Committee on Appropriations

Committee on Banking and Currency

** Handles the “appropriations” of money that bills and pieces of legislation receive.

Until 1865, all "general" appropriations bills had been controlled in the House by the Committee on Ways and Means (also in charge of revenue measures)

Membership of the Committee:51 total members 29 R, 22 D

12 Subcommittees: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Commerce, Justice, Science, and Related Agencies Defense Energy and Water Development, and Related Agencies Financial Services and General Government Homeland Security Interior, Environment, and Related Agencies Labor, Health and Human Services, Education, and Related Agencies Legislative Branch Military Construction, Veteran Affairs, and Related Agencies State, Foreign Operations, and Related Programs Transportation, Housing and Urban Development, and Related Agencies

Ways and Means Committee U.S. CONSTITUTION Article I, Section 7, of the Constitution of the United States

provides as follows:

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Article I, Section 8, of the Constitution of the United States provides the following:

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and...To borrow Money on the credit of the United States.

Congressional CommitteesJoint Committee:

committees composed of BOTH House and Senate members

Joint Economic Committee Joint Committee on Printing Joint Committee on Taxation

Conference Committee:

committee made up of Speaker appointed House and Senate members to draft an identical version of a bill/legislation

Select Committee:

committees appointed for certain purposes and for a limited time, INVESTIGATIVE by nature, go beyond the jurisdiction of standing committees

House Select Committee on Energy Independence & Global Warming Senate Select Committee on Ethics House & Senate Select Committees on Intelligence

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Rep. Steve Scalise, R-La., holds a photo of an oil coveredpelican as he questions BP CEO Tony Hayward on Capitol Hill in Washington, June 17, 2010, during the House Oversight and Investigations subcommittee hearing on the role of BP in the Deepwater Horizon explosion and oil spill.

AP Photo/Haraz N. Ghanbari

Senate Leadership:Party Organized

DEMOCRATS

President of the Senate (Vice President- Joe Biden)

President Pro Tempore (majority party – Patrick Leahy)

Majority Leader (Harry Reid D-NV)Majority Whip (Richard Durbin D-IL)

Chairman of Conference Policy Committee (12+ senators of each party = choose bills to focus on) Steering Committee (assigns senators to committees – 22 members) Democratic Senatorial Campaign Committee

Senate Leadership:Party Organized

REPUBLICANS

Minority Leader(Mitch McConnell R-KY)

Minority Whip(John Cornyn R- TX)

Chairman of Conference Policy Committee (12+ senators of each party = choose bills to focus on) Committee on Committees (assigns senators to committees – 18

members) Republican Senatorial Committee

SENATE LEADERSHIP

Committee Changes/Reform:Party Dictated

DEMOCRATS (1970s)

- Majority party selects committee chairs by secret ballot

- Chairs cannot block legislation by refusing to send bill to subcommittee

- ALL committees and subcommittees must be public (unless by vote to keep them closed)

ObamaCare Committee Hearing

- Subcommittee chairs = elected by committee members

- Subcommittee chairs can hire own staffers (without committee chair influence)

Committee Change/Reform:Party Dictated

REPUBLICANS (1990s)

- Decreased # of committees and subcommittees- Committee chairs hire subcommittee chairs- Term limits:

CHAIRS (committees & subcommittees) = 3 terms/6 years total

SPEAKER = 4 terms/8 years total

- Chairs cannot cast vote for absent committee member

Congressional Behavior3 Theories

Representational:

congressmen want reelection and vote to please and represent their constituents

* Focus on big issues that matter to constituents (civil rights, gun control)

Organizational:

congressmen want to please fellow members of congress, NOT constituents

* Party voting… all congressmen are NOT informed on all issues

Attitudinal:

congressmen vote how they please because conflicting pressure on issues cancel out

Organization of CongressSTAFFERS

** increased rapidly in the 20th century!

Committee & Individual Staffers= work FOR legislators

- routine chores

- “handle” constituents

- serve as communication link between constituents and legislators

(inform legislators of district concerns, work to get legislator reelected)

Organization of CongressSTAFF AGENCIES

* Work for congress as a whole

give congress specialized info. on issues/topics

CRS (Congressional Research Service)

- NEUTRAL information service (D & R)

GAO (General Accountability Office)

- serve congress… head appt. by president

- policy and government investigation

CBO (Congressional Budget Office)

- advises on impact of program spending

- tracks economic trends

Types of Resolutions

resolution - a measure expressing opinions on policies or issues

simple resolution – “house-keeping” or procedural measure needed only in one chamber (HR or S)

Ex. Rules Committee in House

concurrent resolution – legislative motion that must be approved by both chambers (HR & S), but does not have the force

of lawEx. Amendment process

joint resolution – measure approved by both chambers (HR & S) AND the president carries the force of law

Legislative Process: Bill Law1. Introduction of Bill:

proposed piece of legislation that has not yet been passed markups

School House RockSenate: Bill formerly read aloud on floor Bill then given to clerk Referred to committee by Steering Committee

House: Bill dropped in hopper Referred to committee by the Speaker

Legislative Process: Bill Law2. Bill Assigned to Committee and/or Subcommittee

- by speaker (HR) or Steering Committee (S)

- committee with proper jurisdiction

** most bills DIE in committee!

3. Hearing

- complicate the bill and the process

- witnesses testify, questioning, evidence presented (interest groups, congressmen, public support)

Rules Committee

- committee and subcommittee make changes that must be approved by the house

** Important for committee to introduce favorably

Discharge petition: HR majority (218) vote to bring bill to floor for vote (RARE)

Open rule: amendments can be made on the floor

Closed rule: limits/restricts debates and amendments that can be made to bill

Legislative Process: Bill Law4. Floor Action: HOUSE of REPS

Rules Committee schedules bills on calendar & decides whether amendments may be added

Earmarks:

hidden pieces of a bill that exempt or order the federal govt. to fund = causes conflict!

HR = limited debate (1 hour)

Floor vote: Recorded/Roll Call, Standing,

Voice

Legislative Process: Bill Law4. Floor Action: SENATE

- Party leaders schedule bills for floor debate on

the calendar

Riders:

irrelevant amend. changes made to bill = conflict!

Filibuster:

senator speaking for extended amount of time to

delay or prevent measure from coming to vote

Senator Strum Thurman still holds the record for the longest filibuster - 24 hrs 18 min. on the 1957 Civil Rights Act

Ted Cruz Filibuster

Ted Cruz Filibuster Speech

Double Tracking:

majority vote to set filibustered bill aside temporarily for senate to move on with business

Cloture:

3/5 vote in Senate (60 members) to end filibuster

Legislative Process: Bill Law5. Chamber Voting- House of Reps Senate

Approved bill must pass each chamber by a simple majority

6. Conference Committee

if both chambers do not agree on identical version

Voting on final version of the bill

7. Presidential Action (veto or signing into law)

* pocket veto, item line veto

Note: Congress can override veto with 2/3 vote in each house; only 4% of vetos have been overridden

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The electronic voting system in the House of Representatives displays each member’s name on the wall of the chamber. By inserting a plastic card in a box fastened to the chairs, a member can vote “Yea,” “Nay,” or “Present,” and the result is shown opposite his or her name.

Photo courtesy of the Office of the Clerk of the House

How a Bill Becomes a Law

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Legislative ProductivityDivided Government:

When the executive branch party is opposite of one or both chambers of legislative branch

Unified Government:

Executive branch and both chambers of legislative branch are of the same party

Legislative Process: Bill Law

Fact: About 5,000 bills are introduced in Congress every year, but only about 150 are signed into law.

PROJECT VOTE SMART!

Mock Congressional Legislation

1. Select legislation ideas for hopper

2. Vote on House Speaker

** READ/Access handout in order to carry this process through!

Who shall the speaker beeee???!

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