Congress Assignments

1. What is the current salary of members in the House and Senate?2. Why was Congress created? Graphic Organizer/Diagram/Outline3. Bicameralism:4. What are the functions of Congress? Graphic Organizer/Diagram/Outline5. Logrolling:6. What are the powers of Congress? Graphic Organizer/Diagram/Outline7. VENN DIAGRAM/T-CHART: House –Senate8. What is the “necessary and proper clause”?9. Filibuster: 10. Profile: Select a member of the House of Representatives and a member of the Senate11. Congressional Elections: Graphic Organizer/Diagram/Outline12. Congressional Apportionment: Graphic Organizer/Diagram/Outline13. Perks and Privileges:14. The Committee Structure:15. The Formal Leadership: 16. *How a bill Becomes Law: Graphic Organizer/Diagram/Outline17. How much will the government spend? Graphic Organizer/Diagram/Outline18. Pork-Barrel Spending?19. Read Article I of the U.S. Constitution20. Article I Quiz

Senate Salaries since 1789

1789-1815 -- $6.00 per diem

1815-1817 -- $1,500 per annum

1817-1855 -- $8.00 per diem

1855-1865 -- $3,000 per annum

1865-1871 -- $5,000 per annum

1871-1873 -- $7,500 per annum

1873-1907 -- $5,000 per annum

1907-1925 -- $7,500 per annum

1925-1932 -- $10,000 per annum

1932-1933 -- $9,000 per annum

1933-1935 -- $8,500 per annum

1935-1947 -- $10,000 per annum

1947-1955 -- $12,500 per annum

1955-1965 -- $22,500 per annum

1965-1969 -- $30,000 per annum

1969-1975 -- $42,500 per annum

1975-1977 -- $44,600 per annum

1977-1978 -- $57,500 per annum

1979-1983 -- $60,662.50 per annum

1983 -- $69,800 per annum

1984 -- $72,600 per annum

1985-1986 -- $75,100 per annum

1987 (1/1-2/3) -- $77,400 per annum

1987 (2/4) -- $89,500 per annum

1990 (2/1) -- $98,400 per annum

1991 -- $101,900 per annum

1991 (8/15) -- $125,100 per annum

1992 -- $129,500 per annum

1993 -- $133,600 per annum

1994 -- $133,600 per annum

1995 -- $133,600 per annum

1996 -- $133,600 per annum

1997 -- $133,600 per annum

1998 -- $136,700 per annum

1999 -- $136,700 per annum

2000 -- $141,300 per annum

2001 -- $145,100 per annum

2002 -- $150,000 per annum

2003 -- $154,700 per annum

2004 -- $158,100 per annum

2005 -- $162,100 per annum

2006 -- $165,200 per annum

2007 -- $165,200 per annum

2008 -- $169,300 per annum

THE FORMAL AMENDMENT PROCESS

  

    PROPOSAL

 

 RATIFICATION

   Two-thirds Congress

Three-fourths of State Legislatures            

Three- Fourths of State Conventions

METHOD IProposal by 2/3rds of Congress  Ratification 3/4ths State Legislatures

METHOD IIProposal by 2/3rds of  Congress Ratification by 3/4ths of State Conventions 

 Two-thirds of  a National Convention

METHOD IIIProposal 2/3rds National Convention Ratification 3/4ths of State Legislatures 

METHOD IVProposal by 2/3rds of  National Convention  Ratification by 3/4ths of State Conventions

 1. Only Method I and Method II have ever been used 2. Method II was used on only one occasion- the repeal of prohibition 21st amendment

ratified in 1933. 3. The President has no formal role to play in the amendment process. 4. The Constitution cannot be amended to deprive a state of its territory or to deprive any

state of its equal representation in the Senate. 5. We have never had a National Convention-- it could be called by congress on petition of

2/3rds of the state legislatures.

How Law Making WorksCongress occasionally votes on law proposals called bills. If a bill is passed in one house of Congress (that is, either the House of Representatives or the Senate), then it is proposed in the other house of Congress. Note that both houses must pass the bill with a simple majority vote.

When the bill is accepted in both houses, then the bill is sent to the White House for the president's acceptance. If the president approves congressional legislation, he signs the bill into law. The president has ten days to sign the bill into law.

Within the these ten days, if the president returns the bill to Congress without a signature, he has vetoed the bill. If the president does not return the bill within those ten days, the bill automatically becomes law.

Overriding a VetoA president is required to state his objections to any legislation he vetoes. Alternately, the Congress is required to consider the president's objections as a form of recommendation. The Congress can choose to vote on recommended changes to the bill and send it to the president for his signing. It can let the legislation drop, which is what usually happens. Or, the Congress can attempt to override the veto.

To override a presidential veto, both houses of congress must pass a bill by a two-thirds majority. This is called a super-majority. In the Senate, this means a bill must have 67 (out of 100) votes. In the House of Representatives, a bill must pass with 290 out of 435 votes.

If this happens, a bill immediately becomes law.

GRAMM-RUDMAN-HOLLINGS ACT

officially the Balanced Budget and Emergency Deficit Control Act of 1985, U.S. budget deficit reduction measure. The law provided for automatic spending cuts to take effect if the president and Congress failed to reach established targets; the U.S. comptroller general was given the right to order spending cuts. Because the automatic cuts were declared unconstitutional, a revised version of the act was passed in 1987; it failed to result in reduced deficits. A 1990 revision of the act changed its focus from deficit reduction to spending control.

C-SPAN Congressional GlossaryTerm Definition Used In

Legislative Veto

A Legislative Veto refers to the repeal by Congress of federal agency or presidential actions.

The Executive actions stand unless nullified by disapproval resolutions passed by Congress.

House and Senate

Line-item veto

A special form of veto in which the chief executive has the right to prevent particular provisions of a bill enacted by a legislative assembly from becoming law without having to kill all the other parts of the bill at the same time. Many state governors in the United States have line-item veto power with respect to at least some kinds of legislative enactment. Presidents Nixon, Ford, Reagan, Bush, and Clinton have all endorsed the idea of granting the President line-item veto powers over appropriations bills as a means of controlling the budget deficit problem, but the President of the United States has only recently acquired a very limited line-item veto power through certain changes in the rules of the House of Representatives and Senate. In 1998, the U.S. Supreme Court ruled that even this limited form of line-item veto enacted by a simple Congressional majority was unconstitutional. Most Congressmen and Senators seem reluctant to approve a constitutional amendment to provide for a permanent line-item veto for the President because this power would enable him more easily to veto pork barrel projects or other special interest legislation that they have traditionally added into more urgent omnibus appropriations bills through skillful logrolling -- thus giving the President additional power to punish severely those members of Congress who have in some way opposed or displeased the President and potentially upsetting the current balance of power between the Executive and Legislative branches of the Federal government.

Congress Quiz

1. Congress represents the _____________ Branch. Legislative2. Members of the House of Representatives are elected every ______ years.3. Members of the Senate are elected every _______ years. 4. House of Representatives Age Requirement. 25 yrs old5. Senate Age Requirement 30 yrs old6. What is the number of seats in the House of Representatives?7. In the case of a vacancy in Congress who has Executive Authority to fill it? Governor8. The _______ has the power to impeach and the ______ holds the trial. House; Senate9. ______ of the Senate seats are open to election every two years. 10. The ________presides over meetings of the Senate but cannot vote unless there is a tie. The __________ votes when the _________ is absent. *11. The quorum rule requires the 218 members of the House and 51 members of Senate are present to conduct business. The rule, however is not enforced in the handling of routine matters. 12. The ______ proceedings are more flexible while the _________ proceeds are more rigid. 13. The _________clause grants no specific powers but can be stretched to fit different circumstances. Elastic/necessary and proper14. A ___________ is a law that inflicts punishment without a trial. Bill of attainder15. An _________ is a law that inflicts punishment for an act that was not illegal when it was committed. Ex post facto law16. A ________ is a court order directing a sheriff or other public officer who is detaining another person to produce the body of the detainee so the court can assess the legality of the detention. Writ of Habeas Corpus17. Federal funds can be spent only as _________ authorizes. This is a significant check on the __________ power. Congress, president’s18. The __________ clause gives Congress the power to regulate interstate and foreign trade. commerce19. All tax and appropriation bills for raising money have to originate in the _____________. The ________ often amends such bills and may even substitute an entirely different bill. House; Senate 20. When Congress sends the president a bill, he or she can sign it (in which case it becomes law) or send it back to the chamber in which it originated. If it is sent back, a __________ of each chamber must pass it again for it to become law. If the president neither signs it nor sends it back with _____ days, it becomes law anyway, unless Congress adjourns in the meantime. Two-thirds majority, ten, BONUS: The __________Amendment allows the Senators to be directly elected by the people changed from a State legislature selection process. Seventeenth Amendment

Congress: Rank-and-File Members' SalaryThe current salary (2008) for rank-and-file members of the House and Senate is $169,300 per year.

CongressGRAPHIC ORGANIZERS, DIAGRAMS, OUTLINES

FoundationFunctionsPowers

VENN DIAGRAM/T-CHARTHouse –Senate

Congressperson—Profile 362

Congressional ElectionsCongressional ApportionmentPerks and PrivilegesThe Committee StructureFormal Leadership

How a Bill Becomes a Law –Cartoon Commercial Script/Skit (Children’s Network)

Government Spending

Key Constitutional Grants  of Powers to Congress

Article I, Section. 8. 

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; 

To borrow Money on the credit of the United States; 

 To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; 

 To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; 

 To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; 

 To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; 

 To establish Post Offices and post Roads; 

 To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

 To constitute Tribunals inferior to the supreme Court; 

 To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; 

 To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; 

 To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; 

 To provide and maintain a Navy; 

 To make Rules for the Government and Regulation of the land and naval Forces; 

 To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; 

 To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; 

 To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for  the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And 

 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. 

Article IV, Section 3

 New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. 

 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. 

Amendment XVI

(Ratified February 3, 1913.) 

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. 

President Lyndon Johnson signing the 1964 Civil Rights Act  

Questions

1. The alternative to a government of enumerated powers is, of course, a government of unenumerated powers.  The Constitution might have said "Congress shall have all powers not specifically prohibited elsewhere in this Constitution."  What are the advantages and disadvantages of each system? 2.  It would be silly to say, for example, the "power to establish post offices" did not include the power to print postage stamps or pay mail carriers.  But does it also include the power to advertise the joys of stamp collecting on television?  How broadly or narrowly should the enumerated powers be read?  Should the "Necessary and Proper Clause" be interpreted as authorizing actions rationally related to one of the listed powers, or only actions "necessary" to carrying out a listed power? 3.  Thomas Jefferson had serious doubts as to whether the Constitution gave him the power to acquire land from France through the Louisiana Purchase, but he went ahead with the deal anyway.  Was the Louisiana Purchase constitutional?  What might be the constitutional source for the power to acquire lands? 4.  In McCulloch vs Maryland, Chief Justice Marshall notes that the Constitution is not a statute, and suggests that it should be read more liberally and flexibly than a statute so that it might serve the ages.  Do you find Marshall's argument about constitutional interpretation persuasive? 5.  Thomas Jefferson was none too pleased with the decision in McCulloch.  Jefferson said, "The judiciary of the United States is a subtle core of sappers and miners constantly working underground to undermine the foundations of our confederated fabric."  What do you think about Jefferson's characterization? 6.  In Gettysburg, the Court says that to justify an exercise of congressional power, "any number of powers may be grouped together, and an inference from them all may be drawn that the power claimed has been conferred."  This is the so-called "implied powers doctrine."  Is the Court now moving in the direction of abandoning this doctrine and insisting upon more specific textual support to sustain exercises of federal power?

COMMERCE CLAUSE QUESTIONS

7.  What is "commerce"?  Is it just the buying and selling of goods, or should it be interpreted to include, as Chief Justice Marshall says in Gibbons, all the branches of commercial intercourse, including the manufacture and transportation of goods? 8.  The Constitution gives Congress the power to regulate commerce "among" the several states.  Does that mean "between" the states, or could it also mean "among the people"--that is, even within a state? 9.  What would have been the economic future of the United States if Gibbons had gone the other way? 10.  Which of the two basic approaches to Commerce Clause analysis is better, the "empirical test" (e.g.,

"substantial effects") or the categorical approach that seeks to label effects as "direct" or "indirect" or activities as "local" or "national."  What are the advantages and disadvantages of each approach? 11.  Does the power to "regulate" commerce include the power to ban outright certain articles of commerce--such as lottery tickets, firecrackers, hand grenades, or marijuana?  12.  Is taking a woman across state lines for immoral purposes "commerce"?  (The Court thought so in a decision upholding the constitutionality of the Mann Act.) 13.  Should the Court examine the motive of Congress in enacting legislation under its commerce power, or just analyze the connection of the regulation to interstate effects?  In Hammer vs Dagenhart, the Court was influenced by its conclusion that Congress really legislated because it disapproved of child labor, rather than out of any genuine concern for how child labor was affecting the national economy or the dangers posed by articles produced by child labor.  Should the motive of Congress been a factor? 14.  N.L.R.B. vs Jones, along with U. S. vs Lopez years later, is generally considered one of the two key turning points in Commerce Clause jurisprudence.  What makes it so? 15.  Does the "cumulative effects" approach of Wickard represent a major expansion of the "substantial effects" test as employed previously? 16.  After McClung and Heart of Atlanta Motel, could you imagine any eating establishment or motel that would be outside the reach of  Congress's power under the Commerce Clause to enact civil rights laws prohibiting discrimination against patrons or guests? 17.  Lopez and Morrison raise serious questions about the ability of Congress to enact laws providing federal punishment or federal remedies for conduct traditionally regulated under state criminal codes.  Which of the following are likely to be upheld?: (1) a law making "carjacking" a federal crime?  (2) a law making "drive-by shootings" a federal crime?  (3) a law making it a federal crime to carry out any action designed to terrorize?  (4) a law making child molestation a federal crime?  (5) a law making child pornography a federal crime? 18.  How does Congress distinguish, as Morrison requires it to do, between "what is truly national and what is truly local."?

TAXING & SPENDING POWERS-- QUESTIONS

1. Does Congress have the power to tax for a purely regulatory, non-revenue raising, goal?  Could Congress require all prostitutes to register and pay a tax if it could not make prostitution a federal crime directly? 2.  Do the Court's recent Commerce Clause decisions give reason to think the Court will also tighten up the Congress's use of its taxing and spending powers? 3.  In South Dakota vs Dole, is it clear that South Dakota's lower drinking age jeopardized federal interests in the national highway program?  If so, how substantially? 4.  Could Congress condition the receiving of federal dollars to fight crime on a state's having enacted the death penalty?  How--if at all--would such a condition differ from the condition upheld in South Dakota vs Dole? 5.  What result in South Dakota vs Dole if South Dakota stood to lose all federal highway money if it didn't raise its drinking age?  What if it stood to lose 30%?

THE PROPERTY CLAUSE-- QUESTIONS

1.  Does the Property Clause give the Congress the power to protect wildlife on private land that spends most of its time on federal land (on national park, national wildlife refuge, national forest, or BLM land)?  Does the Property Clause empower the Congress to protect a grizzly bear or wolf wanders from federal land onto the private land of a rancher?--or is the rancher free to fire away, state law permitting? 2.  Does the Property Clause empower Congress to regulate private activities on private land that adversely effect public lands, such as air pollution from a nearby plant, bright lights from neon advertising, or noise from a racetrack? 3.  Does Article IV, Section 3 give Congress the power to regulate any behavior of residents of U. S. Territories that it chooses to, provided no other provision of the Constitution is offended?  For example, could the Violence Against Women Act provision invalidated in Morrison be enforceable in  U. S. Territories (such as Guam or Puerto Rico), even though it can't be in the fifty states?

THE COPYRIGHT POWER

On February 19, 2002, the Supreme Court granted certorari in a case (Eldred v Ashcroft) which provides the Court its first opportunity to interpret the power of Congress under Article I to extend copyright protection to authors "for limited times."  Eldred operates a Web site that offered for sale works for which copyright protection had expired (or "fallen into the public domain").  He challenges the constitutionality of the Copyright Term Extension Act of 1998--sometimes called the "Mickey Mouse Protection Act" because Disney had lobbied hard for extension of its copyright protection for Mickey Mouse, which was nearing the end of its 75-year term of protection under existing copyright law.  Simply put, the argument of Eldred and his many supporters (including librarians and academics who argue that creativity will benefit from allowing use of expired works) is that "limited times" doesn't mean "forever"--and that 75 years of protection is more than enough time to provide an adequate financial incentive for authors.  (Eldred notes that Congress's first copyright act offered only seventeen years of protection.)

In 2003, by a vote of 7 to 2, the Court ruled in Eldred that Congress did not exceed its power under the Copyright Clause.   

The power to protect original works of authorship: Eldred vs Ashcroft (2003) and other legal documents are accessible from: Harvard's Open

Law

Eric Eldred, plaintiff in suit challenging the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (photo: ABA Journal)

The signing of the Louisiana Purchase treaty

Thomas Jefferson read the powers of the Constitution narrowly.  As Secretary of State under President Washington, Jefferson argued, unsuccessfully, that Constitution prohibited the establishment of a

national bank or federal assumption of state debts.  Debating Alexander Hamilton, Jefferson warned, "To take a single step beyond the boundaries thus specially drawn aroung the powers of Congress is to take possession of a boundless field of power, no longer susceptible of any definition."

As President a decade later, Jefferson worried whether the Constitution provided the power to annex new territory--specifically, the Territory of Louisiana, which France offered to the United States for purchase.  Writing to a friend at the time, Jefferson expressed doubts about whether the Constitution enabled him to acquire the extensive new lands streching across the vast middle of the continent.  In the end, however, the Louisiana Purchase was too great an opportunity to pass up.  Jefferson's view became somewhat more Hamiltonian: he concluded that the Constitution implicitly allowed the United States to acquire territory and gave the Congress to admit the territory as a new state, annex the territory to an existing state, or to regulate it as a territory.

LEARNING OBJECTIVESAfter students have read and studied this chapter, they should be able to: Explain the major functions of Congress, including lawmaking, representation, constituent service, oversight, public

education, and conflict resolution. Explain the difference between the trustee and instructed-delegate views of representation. Compare the basic differences between the House of Representatives and the Senate. Explain the process and significance of the filibuster. Explain redistricting and gerrymandering. Explain the types of committees in Congress and what impact committees have on the legislative process:

o Standing committees.o Select committees.o Joint committees.o Conference committees.

Describe the seniority system. Identify the leadership positions in both the House of Representatives and the Senate, including the Speaker of the

House and the majority and minority leaders of both the House and Senate. Provide the basic steps by which a bill becomes a law. Explain the different kinds of vetoes. Explain how the federal budget is developed and the role played by the OMB.

TOPICS FOR DISCUSSIONIs it time to reevaluate some of the decisions made by the Framers of the Constitution regarding the terms served by

members of Congress? Although it will take a constitutional amendment to make any of these changes, discuss the following issues with your students. Given the extraordinary advantages enjoyed by incumbents, is it time for us to impose term limits as a means of leveling the playing field for those who seek election to Congress? Given the fact that members of Congress must obsess with raising funds from the moment that they take office, should we reconsider the length of terms served by these members? If members of the House didn’t have to seek reelection within two years of the start of their term, might they be able to focus on the business of the people rather than the task of fundraising?

Something that has always worked for me is taking the trustee and delegate theories beyond the realm of a couple of words on a board or a power point presentation, because these ideas go to the heart of how we expect Congress to act.

You can do this exercise in a couple of different ways. You can single out a student if your students are like mine and comfortable in being singled out in class, or you can simply address the class in its entirety. Have your students assume the role of being a Senator from a small state with a large naval base that is at the heart of your state’s economy. Tell the student that the President has created a defense spending reform package that is designed to allow us to construct a smarter and more up-to-date national security budget, an objective that definitely serves the national interest. Then tell them that part of the reform package is the closing of military bases that no longer serve any vital purpose and redirecting that money into programs that will protect our national security. Finally, tell them that one of the bases that must be closed is the huge naval base in their state. Their constituents are certain to take a short-term economic loss but the nation is better served with this closing. What should they do when they are called upon to cast a vote on the President’s program? How would they act—as a trustee or a delegate? The discussion that results not only allows students to examine their understanding of the manner in which the representative process should work, but frequently it demonstrates the ingenuity and pragmatism of students as they search for ways to accomplish seemingly contradictory objectives.

Why did the Framers of the Constitution create a bicameral legislature? Was part of the reason for a two-house legislature the idea that it would be more difficult to pass legislation, therefore serving as a check on a runaway legislature? What impact does this have today? Is it easy for Congress to agree on legislation?

Should there be major differences between the House and the Senate? Do different rules for each chamber, like the filibuster in the Senate, help to balance power? Is it possible for a minority

idea to prevent a majority idea from being enacted? Although the problems have changed since 1789, have the basic ideas of representation changed?

What are the practical results of having a Senate that departs so far from the principle of “one person, one vote”? How important is leadership in Congress? Without an effective Speaker of the House and/or an effective majority leader

of the Senate, what chance does the majority party have of enacting its ideas? What if one party controls the House and the other party controls the Senate? For legislation to be enacted, there usually must be some compromise. Is compromise what the framers had in mind when they opted for a bicameral legislature?

BEYOND THE BOOKIn comparison to the average American, members of Congress are well paid and receive attractive benefits. However, in

comparison to individuals who have comparable qualifications in the private sector, members of Congress are not highly paid, nor are the benefits extravagant. When members of Congress vote for a pay increase, they are criticized because their salary is high in comparison to most jobs and the taxpayers must pay the salary. On the other hand, if the pay scale for members of Congress is low, in comparison to what these individuals could earn in the private sector, many qualified individuals will not seek office. Another problem is that those who do seek office might be limited to those wealthy enough to not need their congressional salary—an unrepresentative group indeed.

CHAPTER OUTLINEI. Why Was the Congress Created?

The authors of the Constitution were influenced by the types of governments that were prevalent at the time. On the whole they feared that power in the hands of a single individual would be abused and the people would suffer. This, in part, explains why they placed a considerable amount of power in the legislative branch. The national legislative power was vested in Congress that was to be a bicameral institution. Each house was intended to serve different constituencies. The House was to be elected by the people and would therefore represent the views of the people. The members of the Senate were selected by the state legislatures and would be at least one step removed from the people. Furthermore, the House would represent the people because it was apportioned on the population of each state. The Senate was to represent the interests of the states and each state would receive two senators.

Bicameralism also was a reflection of the class structure during our country’s founding. The constituencies of the House members were the masses, while the Senate was to represent the elites within society. In 1913, however, the Seventeenth Amendment provided that the people of the various states would elect the senators of the states.

II. The Functions of CongressA. The Lawmaking Function. The prime function of Congress is lawmaking. This is the process of deciding the

legal rules that govern our society. In this function Congress may establish broad national policies, including budgetary priorities.

B. The Representation Function. Members of Congress also function as representatives of their constituents. Generally there are three roles elected officials can assume when representing their constituents: the trustee and delegate roles, as well as the politico (a combination of trustee and constituent).

1. The Trustee View of Representation. The elected official attempts to consider the whole of society as opposed to simply being an agent of the constituents.

2. The Instructed Delegate View of Representation. The elected official is a mere agent for the constituents, doing exactly what a majority of the constituents want on issues.

C. Service to Constituents. Members of Congress are expected to assist their constituents in dealings with the government. Constituent service, also called casework, includes assisting constituents in procuring governmental services that were denied to them. The member of Congress is seen as an ombudsperson, or an investigator of constituent problems who uses his or her staff to “cut through the red tape” of the federal bureaucracy. Casework provides a benefit to both constituents and to the representative, who typically gains the grateful constituents' support during reelection.

D. The Oversight Function. Congress is responsible for reviewing actions of the executive branch, especially the implementation of policy or legislation. Inquiries are made to determine whether implementation reflects legislative intent, about the effectiveness of the federal bureaucracy, and whether the bureaucracy is fulfilling the needs of the public.

E. The Public-Education Function. This also is referred to as agenda setting. Congress discusses issues that the public may not have information about, in an attempt to make the public aware of issues that need attention.

F. The Conflict Resolution Function. Congress acts as an institution to resolve conflicts with American society.III. The Powers of Congress

A. Enumerated Powers. The enumerated powers are set forth in Article I, Section 8. Enumerated powers, or expressed powers, are specific grants of power to Congress. These powers include taxing, spending, borrowing, and coining; regulation of foreign trade and trade among states; regulation of the military (state militias, an army and navy, and declaring war); as well as the power to define the court structure.

1. Powers of the Senate. The Senate must “advise and consent” to treaties and the appointment of top officials.

2. Constitutional Amendments. Congress has received other grants of power through amendments (such as the Sixteenth Amendment that allows Congress to levy an income tax).

B. The Necessary and Proper Clause. Implied powers emanate from the necessary and proper clause of Article I, Section 8. This clause allows Congress to make laws that are deemed necessary to carry out the enumerated powers. In McCulloch v. Maryland, the Supreme Court ruled that this clause allows Congress considerable discretion and authority to enact laws.

IV. House-Senate DifferencesCongress is composed of two chambers: the lower chamber, the House of Representatives, and the upper chamber, the Senate. There are major differences between the two chambers.A. Size and Rules. The size, length of term, and constituencies of the House and the Senate are different, and in

turn, these generate more differences. The House has 435 members. In the House, members are elected from

essentially equally populated districts, and their term is two years. The Senate has 100 members, two elected from each state. Senators serve a six-year term. Originally, members of the Senate were elected by each state’s legislature. In 1913, the Seventeenth Amendment provided for the direct popular election of senators. In the Senate, one-third of the seats are up for election every two years, so that the entire chamber does not face simultaneous reelection. The rules governing each chamber also are different. Because of the large number of members in the House, there are many formal rules to govern activity on the floor and in committees. Since there are considerably fewer members in the Senate, there are fewer restrictions on members on the floor and in committees. Debate on the floor of the House is strictly limited to the time allotted by the Rules Committee. On many bills not every member will be allotted time to debate.

B. Debate and Filibustering. The Senate has a tradition of unlimited debate. The use of such debate to block a bill is known as a filibuster. Cloture is a way to stop a filibuster, requiring the approval of 60 senators. If a vote for cloture is approved, debate is limited to a maximum of one hour per senator.

C. Prestige. The houses also differ in prestige. Senators, because of their longer term and fewer numbers, can achieve a level of personal recognition that is almost impossible to achieve unless one is a leader in the House of Representatives.

V. Congresspersons and the Citizenry: A ComparisonIn comparison to the general population the members of Congress are significantly different both demographically and economically. The members of Congress are older, wealthier, and better educated than the general public. There are relatively few women and members of minority groups in Congress, although this situation is improving. Finally, there exist a disproportionate number of lawyers in both houses of Congress. The current congressional salary is $157,000.

VI. Congressional ElectionsA. Candidates for Congressional Elections. Candidates for congressional seats can be self-selected or recruited by

the local political party. Usually the party attempts to select a candidate who possesses many of the social characteristics of the population in the district. It is also likely that a person will be picked who has been successful in elections at the local or state level.

1. Congressional Campaigns and Elections. The importance of fund raising has increased in the past twenty years. Victorious candidates for the Senate have recently spent an average of $5 million, while successful House candidates have averaged almost a million. The capacity for fund raising is now an important consideration both for the political parties and for the potential candidates themselves. In every state, nominations for Congress are determined by the voters in a direct primary election. In this election, candidates vie for the nomination among voters who are party identifiers. If a candidate wins the nomination, he or she will go on to run under the party label in the general election in November.

2. Presidential Effects. Congressional elections are influenced by many factors. One important factor is presidential elections. If a strong presidential candidate is on the ticket, that candidate may have “coattails” that benefit “down ballot” candidates. However, the presidential coattail effect in recent years has been modest or nonexistent.

B. The Power of Incumbency. Incumbents have a huge advantage in congressional elections. In recent decades over 90 percent of the members of the House were reelected. Since 1968, more than 75 percent of the incumbent members of the Senate were reelected. Clearly the incumbent has a significant advantage. One of the major reasons for this is the free publicity the member of Congress receives. As an elected official, the media constantly reports on events that involve the members of Congress. The public usually knows much more about members of Congress than they do about the challenger. Incumbents are able to run based on their record of casework and obtaining federal money and projects for their constituents. Incumbents also have the advantage when it comes to fund raising.

C. Party Control of Congress After the 2006 Elections.VII. Congressional Apportionment

House seats are apportioned among the several states every ten years, following the census. Key terms: reapportionment—the allocation of seats in the House of Representatives to each state after each census and redistricting—the redrawing of the boundaries of the congressional districts within each state. Historically, House districts within states often had wildly disproportionate populations, usually to the benefit of rural areas. The same was true of districts established to elect state legislators. In 1962, the Supreme Court ruled that legislative districts for the lower houses in state legislatures had to be of equal population. In 1964, it extended that logic to state senates and to the U.S. House. A. Gerrymandering. A second problem with drawing district lines is gerrymandering, the practice of drawing lines

to favor one party over the other. This may be done by packing the other party’s supporters into the fewest number of districts to ensure that many of their votes will be wasted. The remaining supporters of the other party are then cracked or split up among the remaining districts in numbers too small to affect an election. Gerrymandering is almost universal today and it became much more efficient when computers are applied to the task. The Supreme Court has ruled that in principle partisan gerrymandering might become so extreme that it violates the voters’ constitutional rights, but it has yet to find a single instance of partisan gerrymandering unconstitutional.

B. Redistricting After the 2000 Census. The party that controls a state legislature can undertake gerrymandering. As a result of the practice, only 30 to 50 of the seats in the House were truly competitive in 2002. The Supreme Court’s unwillingness to strike down obviously gerrymandered districts in Pennsylvania and Texas demonstrated with clarity that the Court would stand back and allow gerrymandering to continue with a vengeance.

C. “Minority-Majority” Districts. In the 1990s, in an effort to combat the effects of past discrimination, the federal government encouraged the creation of districts with enough minority group members to elect a minority group member to Congress. These were called “minority-majority” districts.

D. Constitutional Challenges. The Supreme Court, however, has held that states cannot construct districts on the basis of race alone. In 1995 it rejected a plan for a Georgia district on this basis.

E. Changing Directions. In recent cases, the Court has been willing to accept redistricting plans in areas that formerly practiced legal discrimination unless the plan left minorities worse off than before.

VIII. Perks and PrivilegesA. Permanent Professional Staffs. In addition to their own pay and privileges members of Congress have large

staffs. Several agencies have also been set up to assist Congress, such as the Government Accountability Office (formerly the General Accounting Office).

B. Privileges and Immunities under the Law. Representatives and Senators cannot be sued for slander for anything they say in Congress.

C. Congressional Caucuses: Another Source of Support. The key caucuses are the official caucuses of the two major parties. There are over 200 other caucuses, ranging from important bodies (the Congressional Black Caucus) to the less important (the Potato Caucus).

IX. The Committee StructureA. The Power of Committees. The key to understanding how Congress operates is to understand congressional

committees. These “little legislatures” determine whether a bill will reach the floor and be called for a vote. The obstacles to a bill reaching the floor are numerous, and the committee structure is the maze through which bills must pass to become legislation.

B. Types of Congressional Committees.

1. Standing Committees. These are the most important committees in Congress because all bills are referred to a standing committee in each chamber. Each standing committee covers an area of specialization and is subdivided into subcommittees.

2. Select Committees. These are created to accomplish a particular task. Unlike standing committees, select committees are not permanent. Once the task has been accomplished the select committee may be abolished. Some select committees live forever, though, such as the Select Committee on Intelligence in each chamber.

3. Joint Committees. These are established with members of each chamber serving on the committee. The tasks assigned to these committees are very diverse.

4. Conference Committees. These are special joint committees convened when a bill has passed both chambers but there are differences between the version approved by the House and the version approved by the Senate. The role of the conference committee is to reach a compromise between the different versions. After the compromise is reached, both houses must approve of the compromise bill before it is sent to the president.

5. House Rules Committee. This is a very powerful standing committee in the House of Representatives. Once the appropriate standing committee in the House has approved a bill, it is sent to the Rules Committee. This committee makes rules that will govern what happens to the bill on the floor of the House.

C. The Selection of Committee Members. The political parties conduct the selection of committee members. Once assigned to a committee, the member is likely to remain on the committee for the remainder of his or her career in that chamber. The longer the member has served on the committee, the more seniority he or she has. In general the most senior member of the majority party will be selected as the chairperson of the committee. Such a system rewards those who are from safe districts and can therefore be re-elected numerous times. In the 1970s, however, the Democrats began to reserve the right to overturn the seniority system if it elevated chairpersons who were out of step with the party. In the 1990s, the Republicans began doing this as well.

X. The Formal LeadershipThe majority party controls the legislative process, including the selection of congressional leaders.A. Leadership in the House.

1. The Speaker. The Speaker of the House of Representatives is the most powerful member of the House. The Speaker presides over meetings of the House, appoints members of joint committees and conference committees, controls scheduling legislation for floor action, decides points of order and interprets the rules with the advice of the House parliamentarian, and refers bills and resolutions to the appropriate standing committees of the House. However, the Speaker’s primary focus is to seek the enactment of his or her political party’s legislative ideas.

2. The Majority Leader. This person is second in line in the majority party leadership structure. He or she is responsible for assisting the Speaker in gaining the enactment of the majority party’s legislation. The majority leader fosters cohesion among party members in the House.

3. The Minority Leader. This person is the leader of the minority party in the House. His or her primary responsibility is to seek the enactment of his party’s legislative proposals, and to provide a source of “loyal opposition” to the majority party. If the minority party wins a majority of seats in the House in the next election, the minority leader would likely be selected as the Speaker of the House. This was the case with Nancy Pelosi when the Democrats captured the House in 2006.

4. Whips. Both the majority and minority parties have “whips,” whose job is to assist their party leaders and to encourage party loyalty among House members.

B. Leadership in the Senate. The president of the Senate is the Vice President of the United States. The vice president rarely actually presides over the Senate. On rare occasions, the vice president will be called upon to

vote in the Senate to break a tie. The president pro tempore (usually referred to as the pro tem) is the member of the majority who has the longest continuous term of service in the Senate. This is largely a ceremonial position. The majority leader is the most powerful member of the Senate. The minority leader represents the minority party in the Senate. As in the House, both the majority and minority parties have whips whose job is to assist their party leaders and to encourage party loyalty among Senate members.

XI. How Members of Congress DecideParty membership is a major determinant of how members vote, but it is not the only factor at work.A. The Conservative Coalition. In the 1950s and 1960s, a coalition between conservative (largely southern)

Democrats and Republicans often had a majority of the votes and could set policy. Today, however, there are not many of these conservative Democrats left and the conservative coalition has been relegated to history.

B. “Crossing Over.” Members are especially likely to vote with the other party in cases where their own party has adopted positions that conflict with the interests of their district. Members may also have positions on cultural issues such as abortion that are different from the majority position of their party.

XII. How a Bill Becomes LawFor a bill to become law, it must pass through both houses of Congress. All “money bills” or spending measures must originate in the House. A. House of Representatives

1. Introduction: A member, or members, drafts a bill and submits it to the presiding officer.2. Committee stage: After the bill has been introduced, the Speaker will refer the bill to the standing

committee that has jurisdiction over the subject matter of the bill. 3. Rules Committee: After the committee has acted on the bill, it is referred to the Rules Committee which

will draft a special set of rules that govern what happens to the bill on the floor of the House. The rules will set a time limit for debate on the bill and determine the extent to which amendments can be proposed on the floor.

4. Floor action: The bill and all proposed amendments are debated. Amendments are common. After all amendments have been voted on, the bill is put to a vote. If a majority of those voting are in favor of the bill, it is passed.

B. Senate. The procedure in the Senate is similar, but there are no special rules such as those set by the House Rules committee; the leadership schedules action.

C. Conference committee1. If there are differences between the House version of the bill and the Senate version of the bill, the bill will

be sent to a conference committee. Members of each chamber selected by the leaders will attempt to reach a compromise on the bill. If the members are able to work out a compromise, the bill is sent back to the floor of each chamber.

2. The House and Senate vote on the bill as reported by the conference committee. If a majority of the members in both houses are in favor of the bill, it is then sent to the president.

D. Presidential action1. If the president is in favor of the bill, he or she will sign the bill into law.2. If the president is opposed to the bill, he or she will most likely veto the bill and send it back to the chamber

that originated action on the bill with his reasons for the veto.3. If both houses vote to override the veto by a two-thirds vote, the bill becomes law without the president’s

signature. 4. The president may opt to take no action on the bill. If Congress has not adjourned, the bill is considered to

be enacted after ten working days if the president does nothing. If Congress has adjourned, the bill is considered to be dead after ten working days. This is known as a pocket veto.

XII. How Much Will the Government Spend?The Budget Impoundment and Control Act of 1974 required the president to spend the money that Congress has appropriated and attempted to make Congress examine total national taxing and spending.A. Preparing the Budget. Preparing the budget begins eighteen months before the start of the fiscal year. The

federal fiscal year, used for accounting, begins on October 1 and ends September 30. The Office of Management and Budget (OMB) conducts a spring review and a fall review of spending. The fall review—conducted a year before the relevant fiscal year begins—is the important review. At this time, the OMB cuts back executive agency budget requests and begins preparing the executive budget. The president submits an extremely detailed executive budget to Congress in January. This budget attempts to estimate all the revenue the government will generate (through taxes, fees, duties, etc.) and all of the expenditures of the federal government.

B. Congress Faces the Budget. Congress then takes over. Key concepts: Authorization, a formal declaration by a legislative committee that a certain amount of funding may be available to an agency. Some authorizations terminate in a year; others are renewable automatically without further congressional action. Appropriation, the passage, by Congress, of a spending bill specifying the amount of authorized funds that actually will be allocated for an agency’s use. In 1998, President Clinton and the Republican Congress passed the first balanced budget in decades, but subsequent budgets in the George W. Bush administration have not been balanced.

C. Budget Resolutions. The Congress is supposed to pass the first budget resolution in May. This resolution sets overall revenue and spending goals, thus determining the size of the deficit or surplus for the next fiscal year. In September, Congress is scheduled to pass the second budget resolution. This resolution sets binding limits on taxes and spending for the fiscal year beginning October 1. Frequently, Congress does not make the October 1 deadline. It must then pass a continuing resolution, a temporary measure that allows government agencies to continue operating with the same funding as last year.

XIII. FeaturesA. What If . . . Nonpartisan Panels Drew Congressional Districts? Such a change would result in more

competitive House seats and a lessening of the stranglehold of incumbents on their power. While nations such as Britain and Canada and states such as Arizona, Iowa and Minnesota employ nonpartisan panels, the creation of nonpartisan panels in each state would create challenges. While this change might solve some problems, ironically it might create others, including the fact that more competitive elections would result in dramatically increased spending by the candidates.

B. Politics and Diversity—Representation for the District of Columbia. The District (and Puerto Rico, Guam, the Virgin Islands, etc.) has one non-voting delegate that sits in the House. It has no representation at all in the Senate. This lack of representation might be addressed in several ways. D.C. could be admitted as a state—the preference of D.C. itself, though the resulting state would be the second smallest and thus over-represented in the Senate. Alternatively, a constitutional amendment could provide voting representation in the House. Finally, D.C. residents could vote as if they were citizens of Maryland, or D.C. could even be annexed by Maryland.

C. Which Side Are You On? Should We Prohibit Pork-Barrel Legislation? While pork-barrel legislation represents government extravagance and waste at its worst and is deservedly the focus of much of the scorn and criticism directed at Congress, the reality is that such programs represent only one percent of the federal budget.

Burns:LECTURE OUTLINE

I. What If … Members of Congress Were Required to Spend Six Months Each Year in Their Districts?A. Federalist #51 states, “In a republican government, the legislative authority necessarily

predominates.” This statement by James Madison indicates that the founding fathers considered Congress to be a very powerful branch of the government. In order to protect the people and the republic from the legislative branch, Madison advocated the following solution, “The remedy for this inconvenience is to the divide the legislature into different branches;…” This division of power would help to protect against a dominant legislature by pitting the desires of one house against the desires of the other house. Such a division also would make it more difficult for the national government to take action on any given issue.

B. If members of Congress were required to spend six months each year in their districts, there probably would be a change in the balance of power. With Congress members in their districts, the executive branch would wield considerably more power. Would the Congress be able to check the power of the executive as Madison and others intended? Also, would it be very difficult for members of the House to gain enough expertise within the time constraints of six months to make detailed policy. Would such a policy increase the power of the bureaucracy? Bureaucrats could be the only people with enough expertise and experience to make decisions on complex policies. Would the legislative branch necessarily predominate? If the executive branch gained power at the expense of the legislative branch would there be enough power within Congress to limit the power of the president and the rest of the executive branch?

II. Why Was the Congress Created?The authors of the Constitution were influenced by the types of governments that were prevalent at the time. On the whole they feared that power in the hands of a single individual would be abused and the people would suffer. This in part explains why they placed a considerable amount of power in the legislative branch. The national legislative power was vested in Congress that was to be a bicameral (two-house) institution. Each house was intended to serve different constituencies. The House was to be elected by the people and would therefore represent the views of the people. The members of the Senate were selected by the state legislatures and would be at least one step removed from the people. Furthermore, the House would represent the people because it was apportioned on the population of each state. The Senate was to represent the interests of the state and each state would receive two senators. Bicameralism also was a reflection of the class structure during our country's founding. The constituencies of the House members were the masses, while the Senate was represent the elites within society. In 1913 the XVII Amendment provided that the people of the state would elect the senators of the state.

III. The Powers Of CongressA. The Enumerated Powers are set forth in Article I, Section 8. Enumerated powers, which are also

referred to as expressed powers, are specific grants of power to Congress. These powers include the control of money, (taxing, spending, borrowing, and coining), regulation of trade beyond the borders of a state, regulation of the military (regulate state militias, create and regulate an army and navy, suppress insurrections within states, and to declare war), as well as defining the court structure. While the aforementioned powers are not all of the specific grants of power in Article I, Section 8, they do represent the major powers that Congress relies on to pass a vast number of laws each year. In addition to Article I, Section 8 Congress has received other grants of power through amendments (like the XVI Amendment which allows Congress to levy a tax on individual incomes).

B. The Implied Powers emanate from the necessary and proper clause of Article I, Section 8. The necessary and proper clause allows Congress to make all laws that are deemed to be necessary to carry out the expressed powers. In McCulloch v. Maryland, the Supreme Court ruled that this clause allows Congress considerable authority to enact laws that may assist the Congress in accomplishing goals directly related to the enumerated powers.

IV. The Functions Of CongressA. The prime function of Congress is lawmaking. This is the process of deciding the legal rules that

govern our society. In this function Congress may establish broad national policies, including budgetary policies or may establish minor regulations. Sometimes it is important to consider what ideas are not enacted as well as what ideas become law. Many ideas proposed in one Congress will be considered in latter Congresses and may become law after several years.

B. Another important congressional function is constituent service. Members of Congress are expected to assist the people they represent in dealings with the national government. Constituent service, also called casework, includes assisting constituents in procuring governmental services that were denied to the constituent. The member of Congress is seen as an ombudsperson, or an investigator of constituent problems and uses his or her staff to "cut through the red tape" of the federal bureaucracy. The function of casework provides a benefit to both the constituent and to the representative, who typically benefits from the constituents' support during reelection.

C. Members of Congress also function as representatives, where they represent the views of their constituents in Congress. Generally there are two roles the elected official can opt for when representing their constituents.

1. Trustee - the elected official attempts to consider the whole of society as opposed to an agent of the constituents.

2. Instructed delegate - the elected official is a mere agent for the constituents, doing exactly what a majority of the constituents want on issues..

D. Members of Congress also conduct oversight. This means that members of Congress are responsible for reviewing actions of the executive branch, especially the implementation of policy or the enactment of legislation. Typically, oversight inquiries are made to determine whether the implementation of policies is reflecting its legislative intent. Questions are addressed as to the effectiveness of the federal bureaucracy, and whether or not the bureaucracy is fulfilling the needs of the public.

E. Another function of Congress is public education. This also is referred to as agenda setting. Members of Congress discuss important issues that the public may not have detailed information about, in an attempt to make the public aware of issues that need public attention.

F. The conflict resolution function - Congress acts as an institution to resolve conflicts with American society.

V. House-Senate DifferencesA. Congress is composed of two chambers, the lower chamber, which is the House of Representatives

and the upper chamber which is the Senate. There are major differences between the two chambers.B. The size, length of term and constituencies of the House and the Senate are different, and in turn, these

generate more differences. The House of Representatives has 435 members. In the House, members are elected from essentially equally-populated districts, and the term is two years. Currently the largest state is California which has 52, representatives and six states have the minimum of one representative. The Senate has 100 members, two elected from each state. Senators serve a six-year term. Originally members of the Senate were elected in each state's legislature. In 1913 the XVII

Amendment was enacted. This provided for the direct popular election of senators. In the Senate, one-third of the seats are up for election every two years, so that the entire chamber does not face simultaneous election bids.

C. The rules governing each chamber also are different. Because of the large number of members in the House there are numerous formal rules to govern activity on the floor and in committees. Since there are considerably fewer members in the Senate, there are fewer restrictions on members on the floor and in committees.

1. Debate on the floor of the House is strictly limited to the time allotted by the Rules Committee. On many bills not every member will be allotted time to debate.

2. In the Senate every member is allowed to speak on a bill. On occasion unlimited debate will transpire. Unlimited debate is known as a filibuster. If a filibuster is successful the bill is never voted on and therefore, the bill is defeated. While this tool is used by a minority to stop specific legislation there are ways to defeat the filibuster and pass the bill. Cloture is one way to break a filibuster. This is a complex process that requires the approval of 60 senators. If a vote for cloture is approved, debate is limited to a maximum of one hour per senator.

D. The houses also differ in prestige. Senators, because of their longer term and fewer numbers, can achieve a level of personal recognition that is almost impossible to achieve unless one is a leader in the House of Representatives.

VI. Congresspersons and the Citizenry: A ComparisonIn comparison to the general population the members of Congress are significantly different both demographically and

economically. The members of Congress are older, wealthier, and better educated than the general public. Furthermore, there are relatively few women and racial minorities in Congress. Finally, there are a disproportionate number of lawyers in both houses of Congress.

VII. Congressional ElectionsA. Candidates for congressional seats can be self-selected or recruited by the local political party.

Usually the party attempts to select a candidate that has many of the social characteristics of the population in the district. It is also likely to pick a person who has been successful in elections at the local or state level.

B. The importance of fund raising has increased in the past twenty years. Victorious candidates for the Senate will probably spend about $4.7 million, while successful House candidates typically spend about $675,000. The importance of fund raising ability is now an important consideration both for the political parties and for the potential candidates themselves.

C. In many congressional elections there is more than one candidate within a party who wants the nomination of the party. In every state the nomination of the party for Congress is determined by the voters in a direct primary election. In this election (held before the general election) candidates will vie for the nomination among voters who are party identifiers. If a candidate wins the nomination, s/he will go on to run under the party label in the general election in November.

D. Congressional elections are influenced by many factors. One important factor is presidential elections. If a strong presidential candidate is on the ticket, that candidate may have "coattails" that benefit "down ballot" candidate. Sources of presidential coattails include the tendency of some voters to vote "the ticket" (that is to vote for all members of the party running with a popular presidential candidate) and increased turnout that may benefit candidates for Congress and other offices.

E. Another important factor influencing congressional elections is incumbency advantage. If the member of Congress has been previously been elected to Congress he or she is considered to be an incumbent.

Incumbents have a huge advantage in congressional elections. Over 90 percent of the members of the House who sought re-election were re-elected. Since 1968 over 75 percent of the incumbent members of the Senate who ran for re-election were re-elected. Clearly the incumbent has a significant advantage. One of the major reasons for this is the free publicity the member of Congress receives. As an elected official, the media constantly reports on events that involve the members of Congress. The public usually knows much more about members of Congress than they do about the challenger. Incumbents have the advantage when it comes to fund raising, which is an important factor in electoral advantage.

VIII. Congressional ReapportionmentA. Article I, Section 2 of the Constitution provides that representatives to the House shall be apportioned

among the several States according to their respective numbers and, "The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct." This provision requires that a census be conducted every ten years to determine how many representatives each state will receive. This count presents two political problems. First, the House has set a limit of 435 representatives, which means that if a state gains representation another state must loose representation. For example in the 2000 census California gained a representative. Because of this gain another state lost a representative.

B. Another problem with reapportionment is a political problem within the state. For those states that have more than one representative, the separate districts must have an equal number of people in each district. Political parties want to construct districts that maximize their chance of gaining more congressional seats. This concept of designing a district for the advantage of the party is known as gerrymandering.

C. The Supreme Court held that states can not construct districts on the basis of race. Districts in North Carolina and Texas, which were established to ensure a majority of the people in the district were from a particular ethnic minorities, were held to be invalid. Three districts in Texas were redrawn in the summer of 1996 and elections were conducted in December of 1996 in these newly created districts.

VII. Pay, Perks, and PrivilegesA. A major controversy since the first Congress was elected has been the salary for the members of

Congress and the benefits that accompany the office. Like most issues there is no simple solution for this problem. Current congressional salary is $154,000. In comparison to the average American members of Congress are very well paid and they receive very attractive benefits. However, in comparison to individuals who have comparable qualifications in the private sector, members of Congress are not highly paid, nor are the benefits extravagant. When members of Congress vote for a pay increase, they are criticized because their salary is high in comparison to most jobs and the salary must be paid for by the taxpayers. On the other hand if the pay scale for members of Congress is low, in comparison to what these individuals could earn in the private sector, many qualified individuals will not seek office.

B. In addition to their own pay and privileges members of Congress have large staffs. The purpose for the staff is to help the members of Congress to deal with constituents requests and to provide the members of Congress with information about issues he or she is concerned with. This staff serves in both Washington D.C. and in the district of the congressional member. Without an adequate staff, the legislator could not accomplish the many demands made on the office, including constituent service.. If the staff is too large, the taxpayers must pay for the cost of the excess congressional bureaucracy.

IX. The Committee Structure

A. The key to understanding how Congress operates is to understand congressional committees. These "little legislatures" determine whether a bill will reach the floor and be called for a vote. The obstacles to a bill reaching the floor are numerous, and the committee structure is the maze through which bills must pass to become legislation.

B. The following represent the types of congressional committees:1. Standing committees - the most important committees in Congress because all bills are referred to

a standing committee in each chamber. Members of the House usually serve on two standing committees while member of the Senate usually serves on three standing committees. Each standing committee is an area of specialization and is subdivided into subcommittees.

2. Select committees - are created to accomplish a particular task. Unlike standing committees, select committees are not permanent. Once the task has been accomplished the select committee is abolished.

3. Joint committees - are established with members of each chamber serving on the committee. The tasks assigned to these committees are very diverse.

4. Conference committees - are convened when a bill has passed both chambers but there are differences between the version approved by the House and the version approved by the Senate. The role of the conference committee is to reach a compromise between the different versions. After the compromise is reached, both houses must approve of the compromise bill before it is sent to the president.

5. House Rules committee - a very powerful standing committee in the House of Representatives. Once a bill has been approved by the appropriate standing committee in the House it is sent to the Rules Committee. This committee makes rules that will govern what happens to the bill on the floor of the House.

C. The selection of committee members is conducted by the political parties. For Democrats in the House, the Steering and Policy Committee makes all standing committee assignments. For the Republicans in the House, the Committee on Committees makes all standing committee assignments. Similar party committees exist in the Senate for committee assignments. Once assigned to a committee, the member is likely to remain on the committee for the remainder of her or his career in that chamber. The longer the member has served on the committee, the more seniority he or she has. In general the most senior member of the majority party will be selected as the chairperson of the committee. Such a system rewards those who are from safe districts and can therefore, be re-elected numerous times.

X. The Formal LeadershipA. The Constitution provides for the selection of the leaders of Congress. Article I, Section 2 states, "The

House of Representatives shall chuse their Speaker and other Officers; ..." Article I, Section 3 states, "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, ..." What the authors of the Constitution did not foresee was the development of political parties. Once parties became established they controlled the legislative process, including the selection of congressional leaders.

B. Positions of leadership in the House include:1. Speaker of the House of Representatives- the most powerful member of the House. The Speaker

must work with both political parties, and his or her power is largely derived from his or her personal appeal. While the Speaker has numerous responsibilities, his or her primary focus is to seek the enactment of his or her political party's legislative ideas.

2. House Majority Leader - is second in line in the majority party leadership structure. He or she is responsible for assisting the Speaker in gaining the enactment of the majority party's ideas. The Majority Leader fosters cohesion among party members in the House.

3. House Minority Leader - is the leader of the minority party in the House. His or her primary responsibility is to seek the enactment of his party's legislative proposals, and to provide a source of "loyal opposition" to the majority party. If the minority party would win a majority of seats in the House in the next election, the minority leader would be likely to be selected as the Speaker of the House.

4. House Whips - both the majority and minority parties have "whips" whose job is to assists their party leaders, and to encourage party loyalty among House members. C. Positions of leadership in the Senate include:

1. President of Senate - the Vice President of the United States. Rarely does the Vice President actually preside over the Senate. On rare occasions, the Vice-President will be called upon to vote in the Senate in order to break a tie vote.

2. President Pro Tempore - usually referred to as the "pro tem," this position is filled by the member of the majority who has the longest continuous term of service in the Senate. Although this position resembles the Speaker of the House in a structural manner, the pro tem does not have the power of the Speaker.

3. Majority Floor Leader - the most powerful member of the Senate. This position is roughly analogous to the Speaker of the House.

4. Minority Floor Leader - the leader of the minority party in the Senate, and is responsible for attempting to achieve the enactment of the legislative ideas of the minority party.

5. Senate Whips - as in the House, both the majority and minority parties have whips whose job is to assists their party leaders, and to encourage party loyalty among Senate members.

X. How a Bill Becomes LawA. The legislative process is a difficult and tedious process that results in most proposals being rejected.

Few proposals are eventually enacted. Those that are have to negotiate a complex maze.B. In order for a bill to become law, it must pass through both houses of Congress. All "money bills" or

spending measures must originate in the House, as prescribed by the Constitution. C. House of Representatives

1. Introduction - a member, or members, drafts a bill and submits it to the presiding officer.2. Committee stage - after the bill has been introduced, the Speaker will refer the bill to the standing

committee that has jurisdiction over the subject matter of the bill. In most cases there are two or more committees that have jurisdiction and each committee will take action on the bill. This is called multiple referral.

3. Rules Committee - after all the committees have acted on the bill it is referred to the Rules Committee which will draft a special set of rules that will govern what happens to the bill on the floor of the House. The rules will set a day the bill will reach the floor (this is called putting the bill on calendar) and they will set the time limit for debate on the bill, and the determine the extent of amendments that can be proposed on the floor.

4. Floor action - the bill and all of the amendments that have been proposed are debated. Each amendment is voted on separately. If a majority are in favor of an amendment, the bill has been altered according to the provisions of the amendment. After all amendments have been voted on

the bill is put to a vote. If a majority of the members are in favor of the bill it is considered passed by the House.

B. Senate1. Introduction - a member, or members, drafts a bill and submits it to the presiding officer.2. Committee stage - after the bill has been introduced the President pro tem will refer the bill to the

standing committee that has jurisdiction over the subject matter of the bill. In most cases there are two or more committees that have jurisdiction and each committee will take action on the bill.

3. Scheduling for floor action - after all the committees have acted on the bill it is referred to the Majority Leader who will schedule a day for the bill to reach the floor of the Senate.

4. Floor action - the bill and all of the amendments that have been proposed are debated. Each amendment is voted on separately. If a majority is in favor of an amendment the bill has been altered according to the provisions of the amendment. Unlike the House, amendments in the Senate can be non-germane, meaning the amendment does not have to pertain to the subject matter of the bill. After all amendments have been voted on the bill is put to a vote providing no member objects. If a member objects he or she can continue to discuss the bill, or discuss anything the Senator wants as long as he or she desires. This delaying tactic is known as a filibuster. If successful the filibuster prevents the bill from being voted on and therefore kills the bill. Most bills do not encounter a filibuster. If a majority of the members are in favor of the bill, it is considered passed by the Senate.

C. Conference committee1. If there are differences between the House version of the bill and the Senate version of the bill, the

bill will be sent to a conference committee.2. Members of each chamber who have been selected by the congressional leaders will attempt to

reach a compromise on the bill. If the members cannot reach a compromise the bill is considered dead. If the members are able to work out a compromise, the bill is sent back to the floor of each chamber.

3. The House will proceed to vote on the bill as reported by the conference committee. If a majority of the members are in favor of the bill, it is then referred to the Senate.

4. The Senate will proceed to vote on the bill as reported by the conference committee. If a majority of the members are in favor of the bill, it is then sent to the President. If the conference committee report is rejected by either the House or the Senate, the bill is considered dead.

D. Presidential action1. If the President is in favor of the bill he will sign the bill into law.2. If the President is opposed to the bill he, will most likely veto the bill and send it back to the

chamber that originated action on the bill with his reasons for the veto. a. If 2/3 of the members of one chamber vote to override the veto, the bill is sent to the other

chamber.b. If 2/3 of the members of the other chamber vote to override the veto, the bill is considered

enacted (the veto is overridden).c. If less than 2/3 of the members of either chamber vote to override the veto, the veto holds and

the bill is considered dead.3. The President may opt to take no action on the bill. Article I, Section 7 of the Constitution

provides that the President has ten working days in which to take action on a bill.a. If Congress has not adjourned, the bill is considered to be enacted after ten working days

without action on behalf of the President.

b. If Congress has adjourned, the bill is considered to be dead after ten working days. This is known as a pocket veto.

XII. How Much Will the Government Spend?A. Preparing the budget begins 18 months prior to the actual spending of the money. A fiscal year, the

365 days that are used for accounting, begins on October 1 and ends September 30. The president submits an extremely detailed budget to Congress in January. This is called the Executive Budget. This budget attempts to estimate all the revenue the government will generate (through taxes, fees, duties, etc.) and all of the expenditures of the federal government. In 1998, President Clinton and the Republican Congress passed the first balanced budget in decades.

B. The Congress must pass the First Budget Resolution by May 15. This resolution sets overall revenue and spending goals, thus determining the size of the deficit (or, now, the surplus) for the next fiscal year.

C. In September, Congress passes the Second Budget Resolution. This resolution sets binding limits on taxes and spending for the fiscal year beginning October 1.

D. If Congress fails to pass the Second Budget Resolution by October 1, they must pass a Continuing Resolution. This is a temporary resolution that allows the government to continue operating when an appropriations bill has not yet been passed.

This chapter explains the nature of congressional election and organization. In describing the factors affecting electoral politics, it focuses primarily on the issue of incumbency, its drawbacks and advantages. The discussion includes and assessment of the influence of these electoral campaigns on members of Congress. The chapter then examines the organization of the institution, and the nature and sources of congressional leadership. These are the chapter’s main points:

Congressional elections tend to have a strong local orientation and to favor incumbents. Congressional office provides incumbents with substantial resources (free publicity, staff and legislative influence) that give them (particularly House members) a major advantage in election campaigns. However, incumbency also has some liabilities, which contribute to turnover in congressional membership.

Congress is organized in part along political party lines; its collective leadership is provided by party leaders of the House of Representatives and the Senate. However, these party leaders do not have great formal powers. Their authority rests mainly on the fact that they have been entrusted with leadership responsibility by other senators or representatives of their party.

The work of Congress is done mainly through its committees and subcommittees, each of which has its leader (a chairperson) and its policy jurisdiction. The committee system of Congress allows a broad sharing of power and leadership, which serves the power and reelection needs of Congress’s members but fragments the institution.

Members of Congress, once elected, are likely to be reelected. Members of Congress have large staffs and can pursue a "service strategy" of responding to the needs of individual constituents. They also can secure pork-barrel projects for their state or district and thus demonstrate their concern for constituents. House members gain a greater advantage from these activities than do senators, whose larger constituencies make it harder for them to build close personal relations with voters and whose

office is more likely to attract a strong challenger. Incumbents also have a much easier time raising the money necessary to run a competitive campaign. Incumbency does have some disadvantages. Members of Congress must take positions on controversial issues, may blunder into a political scandal or indiscretion, or may face strong challengers (particularly Senators); any of these conditions can reduce their reelection chances. In the case of House members, the decennial redistricting may create serious threats to their seats. By and large, however, the advantages of incumbency far outweigh the disadvantages, particularly for House members.

Congress is a highly fragmented institution. It has no single leader; the House and Senate have separate leaders, neither of whom can presume to speak for the other chamber. The principal party leaders of Congress are the Speaker of the House and the Senate majority leader. These party leaders derive their influence less from their formal authority than from having been entrusted by other members of their party with the task of formulating policy positions and coordinating party strategy. While changes in the congressional parties have given party leaders more influence in recent years, individual party members still can largely choose to follow or ignore their leader’s requests. (See the OLC simulation, "Legislative Coalitions," at www.mhhe.com/patterson5.)

The committee system is a network of 35 committees and over 250 subcommittees, each with its separate chairperson. Each chair has influence on the policy decisions of the committee or subcommittee through the scheduling of bills and control of staff. Although the seniority principle is not absolute, the chair of a committee or subcommittee is usually the member from the majority party who has the longest continuous service on that committee. Party loyalty is not normally a criterion in the selection of chairs. As a result, committee and subcommittee leaders may or may not have the same national policy objectives as the party leaders.

The committees perform most of the work of Congress. Each standing committee of the House and Senate has jurisdiction over congressional policy in a particular area (such as agriculture or foreign relations), as does each of its subcommittees. In most cases, the full House and Senate accept committee recommendations about passage of bills, although amendments to bills are quite common and committees are careful to take other members of Congress into account when making legislative decisions. Congress is a legislative system in which influence is widely dispersed, an arrangement that suits the power and reelection needs of its individual members.

In recent decades, the individualistic nature of Congress has been intensified by staffing changes. Larger committee and subcommittee staffs now make it easier for members of Congress to pursue their separate power and reelection goals. Congressional agencies strengthen the ability of Congress to act as a collective body by lessening the institution’s dependence on the executive branch for information relevant to legislative issues, but they also make it easier for members of Congress to function independently.

This chapter describes the patterns of congressional policymaking in the context of Congress’s three major functions: lawmaking, representation, and oversight. These are the main points of this chapter:

Congress is limited by the lack of direction and organization usually necessary for the development of comprehensive national policies. Congress looks to the president to initiate most broad policy programs but has a substantial influence on the timing and content of those programs.

Congress is well organized to handle policies of relatively narrow scope. Such policies are usually worked out by small sets of legislators, bureaucrats, and interest groups.

Individual members of Congress are extraordinarily responsive to local interests and concerns, although they also respond to national interests. These responses often fall within the context of party tendencies.

Congress oversees the bureaucracy’s administration of its laws, but this oversight function is of less concern to members of Congress than is lawmaking or representation.

Congress is admired by those who favor negotiation, deliberation, and rewarding of many interests particularly those with a local constituency base. Critics of congress say that it hinders majority rule, fosters policy delay, and caters to special interests.

The major function of Congress is to enact legislation. (See OLC simulation, "How a Bill Becomes Law" at www.mhhe.com/patterson5) Congress is not well suited to the development of broad and carefully coordinated policy programs. Its divided chambers, weak leadership, and committee structure, as well as the concern of its members with state and district interests, make it difficult for Congress to initiate solutions to broad national problems. Congress looks to the president for such proposals, but has strong influence on the timing and content of major national programs. Presidential initiatives are passed by Congress only if they meet its members’ expectations and usually only after a lengthy process of compromise and negotiation.

Congress is better designed to handle legislation dealing with problems of narrow interest. Legislation of this sort is decided mainly in congressional committees, where interested legislators, bureaucrats, and groups concentrate their efforts on issues on mutual concern. Narrowly focused bills emerging from committees usually win the support of the full House or Senate. Committee recommendations are always subject to checks on the floor, and larger policy groups -- issue networks, iron triangles, and caucuses -- have increasingly intruded on the committee process. Nevertheless, most narrow policy issues are settled primarily by subgroups of self-interested legislators rather than by the full Congress, although the success of these subgroups in the long run can depend on their responsiveness to broader interests.

A second function of Congress is the representation of various interests. Members of Congress are highly sensitive to the state or district on which they depend for reelection. As result, interest groups that are important to a member’s state or district are strongly represented in Congress. Members of Congress do respond to overriding national interests, but for most of them, local concerns generally come first. National and local representation often works through party representation, particularly on issues that have traditionally divided the Democratic and Republican parties and the constituencies.

Congress’s third function is oversight, the supervision and investigation of the way the bureaucracy is implementing legislatively mandated programs. Oversight is usually less rewarding than lawmaking or representation and receives correspondingly less attention form members of Congress.

Congress is a slow and deliberative institution. It is also a powerful one; the process by which a bill becomes law is such that legislative proposals can be defeated or stymied rather easily. Congress is admired by those who believe that broad national legislation should reflect a wide range of interest, including local ones; that policies developed through a lengthy process of compromise and negotiation are likely to be sound; and that minorities should be able to obtain selective benefits and should have ways of blunting the impulses of the majority. Critics of the congressional process argue that it serves special interests, particularly entrenched economic groups; makes it hard, and sometimes impossible, for majorities to get their way; and prevents timely responses to pressing national needs.

Ch. 11 Congress: The People’s Branch www.prenhall.com/burnswww.senate.govwww.house.govThomas.loc.gov

The U.S. Congress is one of the most praised yet most criticized political institutions in the world. Praised because it is a representative and democratic institution. Praised because it is deliberative and open and revered because many outstanding legislators have served in Congress and contributed greatly to the success of the American political experiment. Criticized because Americans often feel that politicians don’t understand their needs and put concerns of special interests ahead of those of their regular constituents. Many believe that Congress creates more problems than it solves, is irrelevant, slave and overly partisan.

Congress may be criticized but it plays a key role in the American political system. Presidents cannot lead if they do not have a working relationship with both chambers of Congress. Congress controls decisions on budgets, taxes, trade policy, the shape of the federal bureaucracy, and appointments to the cabinet, the embassies, and the courts. A president has a certain amount of freedom in foreign policy, yet even here a president’s policies will rarely be successful or properly implemented without support from Congress. For this reason, President Bush sought congressional support before the Persian Gulf War and Bush II before Iraq invasion.

Because ours is a system of shared powers, Congress and the president are forced to work together while protecting their often-different policy positions. The pressure to compromise and consequently to appear inconsistent is often seen by the public and the media as a negative, when in fact it is a necessary result of divided public opinion.

Congressional ElectionsHouse of Representatives 435 members elected to two year terms25 years old and US citizens for 7 years

Senate 100 members six year terms30 years and US citizens 9 years

Safe seat an elected office that is predictably won by one party or the other , so reelection is almost taken for granted.

Incumbents have traditionally enjoyed a great advantage over challengers but incumbency isn’t always an advantage. More than 90% of incumbents who run for reelection to Congress beat their challenger. Outsiders like Ross Perot, Ralph Nader, Steve Forbes, and Rush Limbaugh have targeted insiders and helped create a climate of antagonism toward Congress as an institution. There have been repeated yet unsuccessful efforts to limit congressional terms. See Why do Incumbent Members of Congress Usually Win? P. 244

The Politics of Drawing House District Lines

Reapportionment the assigning by Congress of congressional seats after each census. State legislatures reapportion state legislative districts.

Redistricting the redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

Gerrymandering the drawing of election district boundaries to benefit a party, group, or incumbent.

-The Structure and Powers of CongressBicameralism the principle of a two house legislature--The Consequences of Bicamelism --The Constitutional Separation of Powers--The House of Representatives

see Congress Performs Seven Important Functions

Speakers the presiding officer in the House of Representatives, formally elected by the House but actually selected by the majority party

Majority leader the legislative leader selected by the majority party, who helps plan party strategy, confers with other party leaders, and tries to keep members of the party in line

Minority leader the legislative leader selected by the minority party as spokesperson for the opposition

Whip party leader who is the liaison between the leadership and the rank-and-file in the legislature

Party caucus meeting of party members in a chamber of the legislature to select the party leadership in the chamber and to develop party policy. Called a conference by Republicans.

Closed rule a procedural rule in the House of Representatives that prohibits any amendments to bills or provides that only members of the committee reporting the bill may offer amemdments

Open rule a procedural rule in the House of Representatives that permits floor amendment within the overall time allocated to the bill

Hold a practice in the Senate whereby a senator temporarily blocks the consideration of a bill or nomination

President pro tempore officer of the Senate selected by the majority party to act as chair in the absence of the vice president

Filibuster a practice in the Senate whereby a senator holds the floor and thereby delays proceedings and prevents a vote on a controversial issue

Cloture procedure for terminating debate, especially filibusters, in the Senate.

Senatorial courtesy presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work

See Representation Defined

Delegate a view of the role of legislators that holds that they should represent the views of their constituents even when personally holding different views

Trustee a view of the role of legislators that holds that they should vote independently based on their judgment of the facts.

Attentive public those who follow public affairs carefully

Log rolling Mutual aid and vote trading among legislators

See 257 Jim Jeffries story

p. 258 How to Kill a Bill Chart p259

standing committee a permanent committee established in a legislature, usually focusing on a policy area

rider a provision that may have little relationship to the bill it is attached to in order to secure its passage

see Table 11-2 Congressional Standing and Select Committees

pocket veto - a veto exercised by the president after Congress has adjourned; if the president takes no action for ten days, the bill does not become law and is not returned to Congress for a possible override

override an action taken by Congress to reverse a presidential veto that requires a two thirds majority in each chamber

The Importance of Compromise

COMMITTEES: The Little Legislatures

Select or special committees a congressional committee created for a specific purpose, sometimes to conduct an investigation

Discharge petition petition that if signed by a majority of the members of the House of Representatives, will pry a bill from committee and bring it to the floor for consideration.

See 50/50 Split p263

Seniority rule a legislative practice that assigns the chair of a committee or subcommittee to the member of the majority party with the longest continuous service on the committee

Reform p. 264 How would you reform Congress?

Conference committee committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each but in different forms

CONGRESS: An assessment and a view on reforms

p. 266 Profile of 107th Congress, 2001-2003

Ken Burn’s CONGRESS Video Guide

1. Why is Congress so critical in U.S. politics and government?

2. Why do some members of Congress seem to stand out over the others?

3. Analyze the impact of Political Parties in Congress.

4. Discuss the law-making responsibility of Congress.

5. What is your overall assessment of Congress? (You may consider Burn’s assessment-strengths, weaknesses, omissions, etc.)

Congress STUDY GUIDE

Key termsfranking privilege enumerated powers Rules Committee trusteesafe seat inherent powers filibuster pocket vetoestablishment clause iron triangle Budget and Impoundment Control Actgerrymandering oversight function concurrent powers standing committeewhips senatorial courtesy cloture delegate pork barrel reserved powers McCain-Feingold bill

log rolling devolution revolution

QUESTIONS:1. What does the idea and process of "shared powers" in government implies2. Why are incumbents are generally reelected?3. Where is the real work of Congress is said to be done?

4. How does a bill become a law?

5. Who draws district lines for the House of Representatives? When?

6. Compare and Contrast the House and the Senate.(Consider fundamental structure, rules, and varying functions.)

The NY TimesDemocrats Near Filibuster-Proof SenateNovember 05, 2008 1:57 PM by Lindsey Chapman Democrats recorded considerable gains in Election 2008. With the 111th Congress in place, what will its members work on first?

Votes Still Left to Be Counted (and Recounted)Democrats are still waiting to learn whether they will gain enough seats in the 2008 election to have a filibuster-proof Senate. But even if they don’t hold 60 seats, they “were within reach of a working coalition on major policy issues,” according to The New York Times.

Republican losses like those by Elizabeth Dole in North Carolina and John E. Sununu in New Hampshire helped the Democratic cause.

But a few more cliffhangers remain undecided. In Minnesota, Republican Sen. Norm Coleman and Democratic challenger Al Franken will have to wait awhile longer for the final results of their race. Early Wednesday, Coleman was ahead by less than 1,000 votes out of the 2.9 million-odd ballots cast, a margin small enough to require a recount under Minnesota law, according to the Associated Press.

Minnesota Secretary of State Mark Ritchie said the recount could last into December. “No matter how fast people would like it, the emphasis is on accuracy,” he said.

Meanwhile, Alaska Sen. Ted Stevens holds a slim lead over Anchorage mayor Mark Begich, with 99 percent of Alaska’s precincts reporting. Another 40,000 absentee ballots remain to be counted, though. If he wins, Stevens will be the first senator found guilty of criminal charges to be re-elected to office, the Boston Herald wrote.

Analysis: Hoping for a filibuster-proof Senate

Sources in this Storyo The New York Times : Senate Races Hang in Balance; Democrats Gain o findingDulcinea : Elizabeth Dole Loses Senate Seat to Democrat Kay Hagan o FOXNews.com : AP Pulls Result of Minnesota Senate Race o Boston Herald : Sen. Ted Stevens holding thin margin in Alaska o The Austin American-Statesman : Democrats strive for filibuster-proof Senate o The Oregonian : Smith warns of a "Pres. Obama with no brakes" o MarketWatch : Broken Congress will have chance to fix itself o findingDulcinea : Ted Stevens to Seek Re-election Despite Conviction o International Herald Tribune : In U.S. Congress, Democrats reap substantial gains

In the days before the election, Republicans, Democrats and political analysts were eyeing the possibility of a “filibuster-proof Senate,” according to The Austin American-Statesman.

With 23 of 49 seats up for re-election, Senate Republicans had more work to do this year than the Democrats, who only had 12 of their 51 seats to protect. Both parties were interested in maintaining their influence “because the Senate can make or break a presidency,” the paper reported.

Opinion: Things to fixThe possibility that one party could dominate both houses of Congress and the White House was worrisome to some election candidates. Sen. Gordon Smith, the Republican incumbent in Oregon, warned, “One-party dominance, a blank check, no checks and balances, could be a very unfortunate thing for our country,” according to Jeff Mapes of The Oregonian.

The new Congress has a “poor image” to repair, writes Robert Schroeder of MarketWatch. Some of the first issues lawmakers will be expected to address are the economy and the Iraq War, along with corruption scandals such as the case involving Alaska Sen. Ted Stevens.

“What they need is the appearance of dealing with and finding solutions to the nation’s toughest problems,” Stuart Rothenberg of the Rothenberg Political Report told MarketWatch.

 The House of Representatives will also have “more maneuvering room” with Democrats picking up additional seats there, the International Herald Tribune reported. Analysts had predicted that a gain of 30 seats was possible, but it appeared the party would fall short of that number the day after the election.

Speaker of the House Nancy Pelosi, D-Calif., said the Democrats’ gains could “increase bipartisanship, civility and fiscal responsibility

November 6, 2008Senate Races Hang in the Balance By DAVID M. HERSZENHORN

It will probably be weeks before Democrats learn the scope of their collective triumph in the Senate races on Tuesday, with doubts remaining about the outcome in four states. But it was clear on Wednesday that the party had picked up at least five seats in the chamber, building a commanding advantage where they held only a razor-thin 51-49 margin before the election.

Republican incumbents clung to the barest of leads in Minnesota, Oregon and Alaska, and will probably face a runoff election in Georgia on Dec. 2. A recount loomed in the Minnesota race, where Senator Norm Coleman led his Democratic challenger, the comedian-turned-politician Al Franken, by fewer than 600 votes out of nearly 3 million cast.

But there was no doubt that Democrats had ousted Republican incumbents in New Hampshire and North Carolina and had captured seats in Virginia, Colorado and New Mexico that were being vacated by Republicans.

From the White Mountains of New Hampshire to the Rocky Mountains in the West and the glaciers of Alaska, Democratic candidates rode a wave of dissatisfaction with Republicans and the Bush administration, and mounted competitive challenges to many a formerly safe Republican seat, surprising even their own party leaders in some cases.

For all their success, however, the Democrats appeared to fall several seats short of the 60-vote majority that would enable them to push bills to a vote by overcoming filibusters. And it appeared that they had failed to topple one of their biggest targets, Senator Ted Stevens of Alaska, the longest-serving Republican in Senate history, despite Mr. Stevens’s recent conviction for violating federal ethics laws.

With 99 percent of Alaska’s precincts reporting, Mr. Stevens was ahead of Mark Begich, the mayor of Anchorage, by 48.2 percent to 46.7 percent, with the remaining votes going to fringe candidates. Since thousands of absentee

ballots remained to be counted, the final outcome may not be known for days. Should Mr. Stevens indeed prevail, and should he reject the many calls for his resignation, the Senate would probably vote on whether to expel one of its members for the first time in many decades.

In the Minnesota race, the margin separating Mr. Franken and Mr. Coleman was slight enough to set the stage for a recount under state law.

“Let me be clear,” Mr. Franken said. “This race is too close to call, and we do not yet know who won.” He said his goal in demanding a recount was “to ensure that every vote is properly counted.” The results of the recount are not expected to be known for weeks.

Another contest still undecided by Wednesday morning was in Oregon, where Senator Gordon Smith, a Republican, led his Democratic challenger, Jeff Merkley, by less than one percent.

Even if none of the four remaining unsettled races goes the Democrats’ way, the party’s gains on Wednesday put it within reach of a working Senate coalition on major policy issues, given the defeat of the Republican incumbents John E. Sununu of New Hampshire and Elizabeth Dole of North Carolina, and the election of former Gov. Mark Warner in Virginia as well as the congressmen-cousins Mark Udall in Colorado and Tom Udall in New Mexico.

The Democrats’ triumph began with frustration over the war in Iraq and broadened into fury and dismay over economic turmoil at home, with home prices falling, unemployment on the rise and consumer confidence shattered. But even as the Democrats celebrated their early victories on Tuesday night, one of their most highly prized targets proved out of reach: the Senate Republican leader, Mitch McConnell of Kentucky, beat back a serious challenge by Bruce Lunsford, a wealthy businessman.

“Winston Churchill once said that the most exhilarating feeling in life is to be shot at — and missed,” Mr. McConnell said in a victory speech in Louisville. “After the last few months, I think what he really meant to say is that there’s nothing more exhausting.”

At the headquarters of the National Republican Senatorial Committee in Washington, the mood on Tuesday night was less exhaustion than glumness. A handful of young aides milled around watching election returns on Fox News

until Senator John Ensign of Nevada, the committee’s chairman, emerged to make a brief statement.

“Obviously we expected this sort of night,” Mr. Ensign said. “The political winds, I’ve said for some time, were blowing in our face.”

“We caught a very, very tough cycle,” he added, “tougher than even Watergate was.”

Mr. Ensign and other Republican senators have made no secret of their desire that Mr. Stevens resign because of his conviction for accepting but not reporting gifts related to extensive remodeling of his Alaska home. The senator has wielded great power because of his senior seat on the Appropriations Committee, commanding respect and sometimes fear.

The Senate has expelled only 15 members since 1789, most for supporting the Confederacy. In recent years, senators who have run afoul of the law have generally resigned rather than face expulsion, a step that requires 67 votes. Mr. Stevens said after his conviction that he would not step down voluntarily.

But even without a filibuster-proof majority, and without a defeat of Mr. McConnell or Mr. Stevens to crow about, Democrats were jubilant nonetheless.

“The days of obstruction are over,” said Senator Charles E. Schumer of New York, chairman of the Democratic Senatorial Campaign Committee. “And in a bipartisan way, we in the Senate and our colleagues in the House will work together to turn America in the right direction after eight long years.”

Since winning control of the Senate in 2006, the Democrats have had little breathing room, holding their 51-to-49 edge only because two independents, Senators Bernard Sanders of Vermont and Joseph I. Lieberman of Connecticut, chose to caucus with them. Mr. Lieberman has consistently voted against the Democrats on bills related to the Iraq war and national security, giving Republicans and President Bush an edge on those issues.

Now Mr. Lieberman, a close ally of Senator John McCain, faces considerable uncertainty about where he stands with the Democratic caucus; some colleagues have talked about stripping him of his post as chairman of the Homeland Security and Governmental Affairs Committee because his vote is no longer essential to their majority.

In New Hampshire, the Democrat, former Gov. Jeanne Shaheen, defeated Mr. Sununu in a bitter rematch of their 2002 contest by repeatedly tying him to President Bush on the war, national security, economic policies and energy. She becomes the first female senator in the state’s history and the first Democrat elected to the Senate from New Hampshire in more than 28 years.

Mrs. Shaheen, 61, capitalized on a huge transformation of the electorate in recent years that has shifted the state solidly into the Democratic column. Mr. Sununu, who at 44 is the youngest senator, had hoped to ride Mr. McCain’s coattails, but found himself battling alone as support for Mr. McCain dissipated and Senator Barack Obama opened up a wide lead in most polls.

In North Carolina, Kay Hagan, a little-known state senator, dealt a stunning defeat to Mrs. Dole, a former Transportation secretary and Republican candidate for president who has one of the most famous names in modern Republican politics.

Ms. Hagan portrayed Mrs. Dole — the wife of the former Senate majority leader and presidential candidate, Bob Dole — as a Washington insider and suggested that she had fallen out of step with the people of her state. Mrs. Dole, in turn, was unable to counter the rising enthusiasm for Mr. Obama among the state’s Democrats. Nor was she helped by running a campaign advertisement on television that labeled Ms. Hagan “godless.”

In Virginia, Mr. Warner, a popular former governor, had been heavily favored all year. He easily defeated another former governor, James S. Gilmore III, to succeed Senator John W. Warner (no relation), who is retiring after five terms as one of the Republican Party’s most respected voices on military affairs.

The Democrats came into the 2008 contests benefiting from a clear numerical advantage, with just 12 seats to defend, compared with 23 for the Republicans. And while five of those Republican seats were left vacant by retirees, every one of the dozen Democratic incumbents up for re-election chose to run for another term.

In one bright spot for Republicans, Senator Susan Collins of Maine easily beat back a challenge by Representative Tom Allen, a Democrat whose campaign fizzled even as Mr. Obama won the state by a sizable margin.

In another, Senator Saxby Chambliss of Georgia appeared to pull ahead in his race against Jim Martin, a former Democratic state legislator, and a minor-

party candidate, the Libertarian Allen Buckley. But it appeared that Mr. Chambliss would fall just short of winning the 50 percent of the vote required for election under Georgia law, necessitating a runoff against Mr. Martin on Dec. 2.

Mr. Chambliss could have an advantage in such a runoff, since Mr. Martin probably benefited from a coattail effect with Mr. Obama on the top of the ticket on Tuesday. On the other hand, President-elect Obama and his political advisers could use their influence against Mr. Chambliss, who unseated the Democrat Max Cleland in a bitter contest six years ago.

In South Dakota, Senator Tim Johnson, a Democratic incumbent who nearly died of a brain hemorrhage two years ago, easily won re-election. His victory was dramatically different from his 2002 triumph, when he defeated then Representative John Thune by a mere 524 votes in the closest Senate race in the country. (Mr. Thune, a Republican, was elected to the Senate in 2004, ousting Senator Tom Daschle, the Democratic leader.)

Bernie Becker and David Stout contributed reporting from Washington, and Jack Healy from New York.