Copyright © 2013 Cengage. Source: Congressional Quarterly, various years.

Copyright © 2013 CengageCopyright © 2013 Cengage


Source: Congressional Quarterly, various years


Source: Adapted from chart based on Congressional Research Service and Military Officers Association data in John Harwood, “For New Congress, Data Shows Why Polarization Abounds,” New York Times, March 6, 2011.

Do Members Represent Their VotersDo Members Represent Their Voters??

Representational View–Representational View–members vote to please members vote to please their constituentstheir constituents

Organizational View–Organizational View–members vote to please members vote to please fellow members of Congressfellow members of Congress

Attitudinal View–Attitudinal View–members members vote on the basis of their vote on the basis of their own beliefsown beliefs


Keith Ellison (D., Keith Ellison (D., MN), the first MN), the first Muslim elected Muslim elected to Congress.to Congress.

Craig Lassig/EPA/Corbis

The Representatives and The Representatives and SenatorsSenators

The JobThe Job• Salary of $158,100 with retirement benefitsSalary of $158,100 with retirement benefits• Office space in D.C. and at home and staff Office space in D.C. and at home and staff

to fill it.to fill it.• Travel allowances and franking privileges.Travel allowances and franking privileges.• Often requires 10 to 14 hour days, lots of Often requires 10 to 14 hour days, lots of

time away from the family, and lots of time away from the family, and lots of pressure from different people to “do the pressure from different people to “do the right thing.”right thing.”

I. Congress Overview: Terms and I. Congress Overview: Terms and SessionsSessions

A.A. Term of Congress lasts two Term of Congress lasts two years.years.

B.B. Terms begin on Jan. 3 of Terms begin on Jan. 3 of every odd-numbered year.every odd-numbered year.

C.C. Terms numbered Terms numbered consecutively (106consecutively (106thth Congress from 99-01, 107Congress from 99-01, 107thth from 01-03, 108from 01-03, 108thth from 03- from 03-05, 10905, 109thth from 05-07, 110 from 05-07, 110thth from 07-09, 111from 07-09, 111thth from from 2009-2011).2009-2011).

D.D. Adjournment: end of a Adjournment: end of a term; date must be agreed term; date must be agreed upon by both houses. Two upon by both houses. Two regular sessions per term. regular sessions per term. Periodic recesses (not to be Periodic recesses (not to be confused w/adjournment).confused w/adjournment).

Congress: CompensationCongress: CompensationA.A. Members set own salaries. Members set own salaries.

27th Amendment prevents 27th Amendment prevents salary raises from taking salary raises from taking effect until the following effect until the following term. (2009 salaries: term. (2009 salaries: $174,000). $174,000). HonorariaHonoraria (speaking fees) now banned.(speaking fees) now banned.

B.B. B.Many other perks: staff, B.Many other perks: staff, travel allowance, office travel allowance, office space, space, franking privilege, franking privilege, insurance, etc.insurance, etc.

C.C. Legislative immunity: Legislative immunity: cannot be sued for cannot be sued for something they say while on something they say while on congressional businesscongressional business

D.D. Cannot be arrested/detained Cannot be arrested/detained while going to or from a while going to or from a session of Congress.session of Congress.

The Organization of Congress: The Organization of Congress: Staff and Specialized OfficesStaff and Specialized Offices

Tasks of Staff MembersTasks of Staff Members Staff AgenciesStaff Agencies

• Congressional Research Service (CRS)Congressional Research Service (CRS)• General Accounting Office (GAO) (audits General Accounting Office (GAO) (audits

money spent)money spent)• Congressional Budget Office (CBO)Congressional Budget Office (CBO)


The Organization of Congress: The Organization of Congress: CommitteesCommittees

Standing CommitteesStanding Committees Select CommitteesSelect Committees Joint Committees (resolve differences Joint Committees (resolve differences

ex. conference committee)ex. conference committee) Conference CommitteesConference Committees



House-Senate DifferencesHouse-Senate Differences

HouseHouse Debate limited Debate limited

to 1 hourto 1 hour Members policy Members policy

specialistsspecialists Emphasizes tax Emphasizes tax

& revenue policy& revenue policy More formal & More formal &

impersonalimpersonal

SenateSenate Unlimited debate Unlimited debate

unless cloture unless cloture invokedinvoked

Members policy Members policy generalistsgeneralists

Emphasizes Emphasizes foreign policyforeign policy

More informal & More informal & personalpersonal

HOUSE LEADERSHIPHOUSE LEADERSHIP

SpeakerSpeaker (majority (majority party)party)

Democrats:Democrats: Majority LeaderMajority Leader Majority WhipMajority Whip Chairman of the Chairman of the

CaucusCaucus

Speaker of the HouseJohn Boehner (R-OH)

SENATE LEADERSHIPSENATE LEADERSHIP

President of the Senate President of the Senate (Vice President)(Vice President)

President Pro Tempore President Pro Tempore (majority party)(majority party)

Democrats:Democrats: Majority LeaderMajority Leader Majority WhipMajority Whip

Majority LeaderHarry Reid (D-NV)

President of the Senate

Joe Biden (D-DE)

From Table 12.3From Table 12.3

How Congress is Organized How Congress is Organized to Make Policyto Make Policy

The HouseThe House• 435 members, 2 435 members, 2

year terms of office.year terms of office.• Initiates all revenue Initiates all revenue

bills, more bills, more influential on influential on budget.budget.

• House Rules House Rules CommitteeCommittee

• Limited debates.Limited debates.

The SenateThe Senate• 100 members, 6 100 members, 6

year terms of year terms of office.office.

• Gives “advice & Gives “advice & consent”, more consent”, more influential on influential on foreign affairs.foreign affairs.

• Unlimited debates. Unlimited debates. (filibuster)(filibuster)

Bicameral: Legislature divided into two houses.

CAUCUSESCAUCUSES

Groups (may be bipartisan) meeting to Groups (may be bipartisan) meeting to pursue common legislative objectivespursue common legislative objectives

Rivals to parties in policy formulationRivals to parties in policy formulation Examples: Examples: Democratic Study Group, Democratic Study Group,

Congressional Black Caucus, Tuesday Lunch Congressional Black Caucus, Tuesday Lunch Bunch, Human Rights, Congressional Caucus Bunch, Human Rights, Congressional Caucus for Women’s Issues, Out of Iraq Caucus,for Women’s Issues, Out of Iraq Caucus,

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


Caucuses: The Informal Organization Caucuses: The Informal Organization of Congressof Congress• Caucus: A group of members of Congress Caucus: A group of members of Congress

sharing some interest or characteristic.sharing some interest or characteristic.• Caucuses pressure for committee Caucuses pressure for committee

meetings and hearings and for votes on meetings and hearings and for votes on bills.bills.

• Caucuses can be more effective than Caucuses can be more effective than lobbyists.lobbyists.


The Committees and SubcommitteesThe Committees and Subcommittees• Four types of committees:Four types of committees:

Standing committees: subject matter Standing committees: subject matter committees handle different policy areas.committees handle different policy areas.

Joint committees: few policy areas- made up Joint committees: few policy areas- made up of House & Senate members.of House & Senate members.

Conference committees: resolve differences Conference committees: resolve differences in House and Senate bills.in House and Senate bills.

Select committees: created for a specific Select committees: created for a specific purpose.purpose.

Types of CommitteesTypes of Committees

Standing CommitteesStanding Committees - permanent panel with - permanent panel with full legislative functions and oversight full legislative functions and oversight responsibilitiesresponsibilities• SubcommitteesSubcommittees – formed to tackle very – formed to tackle very

specific tasks within the jurisdiction of the full specific tasks within the jurisdiction of the full committeescommittees

Select or Special CommitteesSelect or Special Committees - - groups appointed groups appointed for a limited purpose and limited durationfor a limited purpose and limited duration

Joint CommitteesJoint Committees - - includes members of both chambers to includes members of both chambers to conduct studies or perform housekeeping tasksconduct studies or perform housekeeping tasks

Conference CommitteeConference Committee - includes members of - includes members of House & Senate to work out differences House & Senate to work out differences between similar billsbetween similar bills

Senate Standing CommitteesSenate Standing Committees

Agriculture, Nutrition, Agriculture, Nutrition, & Forestry& Forestry

AppropriationsAppropriations

Armed ServicesArmed Services

Banking, Housing, & Banking, Housing, & Urban AffairsUrban Affairs

BudgetBudget

Commerce, Science, Commerce, Science, TransportationTransportation

Energy & Natural Energy & Natural ResourcesResources

Environment and Environment and Public WorksPublic Works

FinanceFinance

Foreign RelationsForeign Relations

Governmental Governmental AffairsAffairs

Health, Education, Health, Education, Labor & PensionsLabor & Pensions

JudiciaryJudiciary

Rules and Rules and AdministrationAdministration

Small Business and Small Business and EntrepreneurshipEntrepreneurship

Veterans AffairsVeterans Affairs

Special, Select CommitteesSpecial, Select Committees

House Select House Select Committee on Committee on Energy Energy Independence & Independence & Global WarmingGlobal Warming

Senate Select Senate Select Committee on Committee on EthicsEthics

House & Senate House & Senate Select Select Committees on Committees on IntelligenceIntelligence

Gen. Michael Hayden is sworn in during a full committee hearing of the Senate Select Intelligence Committee on his nomination to be director of the Central Intelligence Agency.

Joint CommitteesJoint Committees

Joint Economic CommitteeJoint Economic Committee Joint Committee on PrintingJoint Committee on Printing Joint Committee on TaxationJoint Committee on Taxation

Joint Committee on Joint Committee on Taxation hearingTaxation hearing

Congressional ElectionsCongressional Elections

The Advantages of IncumbentsThe Advantages of Incumbents• Advertising:Advertising:

The goal is to be visible to your voters.The goal is to be visible to your voters. Frequent trips home & newsletters are used.Frequent trips home & newsletters are used.

• Credit Claiming:Credit Claiming: Service to individuals in their district.Service to individuals in their district. CaseworkCasework: specifically helping constituents get what : specifically helping constituents get what

they think they have a right to.they think they have a right to. Pork BarrelPork Barrel: federal projects, grants, etc. made : federal projects, grants, etc. made

available in a congressional district or state.available in a congressional district or state.

• Marginal districtsMarginal districts• Safe districtsSafe districts


The Committees and SubcommitteesThe Committees and Subcommittees• Getting on a CommitteeGetting on a Committee

Members want committee assignments that Members want committee assignments that will help them get reelected, gain influence, will help them get reelected, gain influence, and make policy.and make policy.

New members express their committee New members express their committee preferences to the party leaders.preferences to the party leaders.

Support of the party is important in getting Support of the party is important in getting on the right committee.on the right committee.

Parties try to grant committee preferences.Parties try to grant committee preferences.


The Committees and SubcommitteesThe Committees and Subcommittees• Getting Ahead on the Committee: Chairs Getting Ahead on the Committee: Chairs

and the Seniority System.and the Seniority System. The chair is the most important position for The chair is the most important position for

controlling legislation.controlling legislation. Chairs were once chosen strictly by the Chairs were once chosen strictly by the

seniority system.seniority system. Now seniority is a general rule, and Now seniority is a general rule, and

members may choose the chair of their members may choose the chair of their committee.committee.

The Congressional ProcessThe Congressional Process

Presidents and Congress: Partners and Presidents and Congress: Partners and ProtagonistsProtagonists• Presidents have many resources to Presidents have many resources to

influence Congress (often called the “Chief influence Congress (often called the “Chief Legislator”). Legislator”).

• In order to “win” in Congress, the president In order to “win” in Congress, the president must win several battles in each house.must win several battles in each house.

• Presidential leadership of Congress is at Presidential leadership of Congress is at the margins and is most effective as a the margins and is most effective as a facilitator.facilitator.

GerrymanderingGerrymandering

B.B. If a state has a change in the If a state has a change in the number of seats, its district number of seats, its district boundaries must change. This boundaries must change. This is known as is known as redistricting, and is redistricting, and is usually carried out by the party usually carried out by the party in power of the state in power of the state legislature. A form of legislature. A form of redistricting is redistricting is gerrymanderinggerrymandering: : redrawing boundaries to favor redrawing boundaries to favor the party in power of the state the party in power of the state legislature.legislature.

1.1. Origin of the term: from 19th Origin of the term: from 19th century Mass. governor century Mass. governor Elbridge Gerry, who drew Elbridge Gerry, who drew district lines himself. Some of district lines himself. Some of his districts had such strange his districts had such strange shapes that they looked like shapes that they looked like salamanders, prompting one salamanders, prompting one wag to instead refer to them as wag to instead refer to them as "gerrymanders.""gerrymanders."

GerrymanderingGerrymandering

2.2. The party in power can get The party in power can get a majority of seats in the a majority of seats in the House by:House by:

a.a. "Packing:" "Packing:" drawing the drawing the district lines in such a way district lines in such a way as to concentrate the as to concentrate the opposing party in a few opposing party in a few districts, thus preserving a districts, thus preserving a majority of seats for itself.majority of seats for itself.

b.b. "Cracking:" "Cracking:" drawing the drawing the district lines in such a way district lines in such a way as to disperse the as to disperse the opposing party throughout opposing party throughout the state and thus dilute the state and thus dilute that party's strength in that party's strength in order to preserve a order to preserve a majority of seats for the majority of seats for the majority party.majority party.

Powers Denied to CongressPowers Denied to Congress

A.A. Passing ex post facto laws.Passing ex post facto laws.

B. Passing bills of attainder (declaring B. Passing bills of attainder (declaring someone guilty without a trial .someone guilty without a trial .

C. Suspending habeas corpus except in C. Suspending habeas corpus except in cases of rebellion or invasion.cases of rebellion or invasion.

House of RepresentativesHouse of Representatives

D. Rules Committee:D. Rules Committee:

1.1.Sets legislative Sets legislative calendar (agenda) – calendar (agenda) – “traffic cop” of the “traffic cop” of the HouseHouse

2.2.Issues rules for Issues rules for debate and debate and amendment (open amendment (open rule allows former, rule allows former, closed rule does not)closed rule does not)

NOTES ON HOW A BILL NOTES ON HOW A BILL BECOMES LAWBECOMES LAW

Discharge petition can be used when Discharge petition can be used when a bill is bottled up in committee.a bill is bottled up in committee.

D.D. Importance of Rules Importance of Rules Committee (Committee (House onlyHouse only).).

1."Traffic cop" function: sets 1."Traffic cop" function: sets legislative calendar.legislative calendar.2. Issues open rule that allows 2. Issues open rule that allows amendments to a bill on the amendments to a bill on the floor or closed rule that floor or closed rule that prohibits such amendments prohibits such amendments (esp. on tax bills). Establishes (esp. on tax bills). Establishes rules on floor debaterules on floor debate..

E.E. Committee of the Whole used by Committee of the Whole used by House to act more informally, House to act more informally, more quickly, and with less of a more quickly, and with less of a quorum (only 100). This helps quorum (only 100). This helps remedy problem of the “Tuesday remedy problem of the “Tuesday to Thursday Club”to Thursday Club”

HOW A BILL BECOMES LAWHOW A BILL BECOMES LAW

..

A. A. Senate only allows filibustersSenate only allows filibusters. . Even threat of filibuster Even threat of filibuster is effective. is effective. Can be ended by 3/5 vote of clotureCan be ended by 3/5 vote of cloture. .

Senate only allows ("riders").Senate only allows ("riders"). Senate allows any member to place a Senate allows any member to place a holdhold on a bill or on a bill or

presidential nomination.presidential nomination. In the past, this was a In the past, this was a temporarytemporary delay so that, for example: delay so that, for example:

1) a senator could have more time to consider a bill, or 2) 1) a senator could have more time to consider a bill, or 2) a senator who was going to be absent when a bill was a senator who was going to be absent when a bill was considered would request that the bill be delayed until he considered would request that the bill be delayed until he returned. Use has been expanded in 90s as a tactic to kill returned. Use has been expanded in 90s as a tactic to kill bills and esp. judicial nominations.bills and esp. judicial nominations.

How a Bill How a Bill Becomes a Becomes a

LawLaw


Presidents roll in HOW A Presidents roll in HOW A BILL BECOMES LAWBILL BECOMES LAW

Presidential action.Presidential action.A. Sign the bill in full.A. Sign the bill in full.B. Veto the bill in full ---> can be B. Veto the bill in full ---> can be overridden by 2/3 vote in both houses.overridden by 2/3 vote in both houses.C. Ignore the bill.C. Ignore the bill.

1. After 10 days of sending bill to the 1. After 10 days of sending bill to the President, the bill automatically becomes President, the bill automatically becomes law.law.

2.2. If, however, within that ten day period, If, however, within that ten day period, Congress adjourns (not recesses), the bill is Congress adjourns (not recesses), the bill is pocket-vetoed.pocket-vetoed.

HOW A BILL BECOMES A HOW A BILL BECOMES A LAWLAW

Congress gave the president a Congress gave the president a line item vetoline item veto in the mid-90s; however, this was struck down in the mid-90s; however, this was struck down in Clinton v. NY (1998) as a violation of in Clinton v. NY (1998) as a violation of separation of powers – in effect, use of the separation of powers – in effect, use of the line item vetoline item veto would have enabled the would have enabled the president to president to legislatelegislate, a function reserved only , a function reserved only for Congress. However, for Congress. However, most governors do most governors do have the power of the line item vetohave the power of the line item veto..

Selection of Committee Selection of Committee ChairmenChairmen

A.A. Power of chairmen is substantial over:Power of chairmen is substantial over:1. Setting committee agenda.1. Setting committee agenda.2. Hiring staff.2. Hiring staff.3. Membership on subcommittees.3. Membership on subcommittees.4. Jurisdiction of subcommittees.4. Jurisdiction of subcommittees.

B.B. Chairmen are selected by secret ballot Chairmen are selected by secret ballot in party caucuses or conferences (of in party caucuses or conferences (of party leaders) at the beginning of the party leaders) at the beginning of the termterm. . Generally, the seniority Generally, the seniority system is followed, i.e., the system is followed, i.e., the person of the majority party with person of the majority party with the most seniority on that the most seniority on that committee is chosen chairman.committee is chosen chairman. The 104The 104thth Congress imposed term Congress imposed term limits of 6 years for both House and limits of 6 years for both House and Senate chairmen. This took effect Senate chairmen. This took effect starting in 2001, and was one of the starting in 2001, and was one of the Gingrich reformsGingrich reforms Chris Dodd, Chairman of the Senate Chris Dodd, Chairman of the Senate

Finance CommitteeFinance Committee

Selection of Committee Selection of Committee ChairmenChairmen

C.C. Advantages of Advantages of seniority systemseniority system::1.1. Experience.Experience.2.2. Stability.Stability.3.3. Expertise.Expertise.4.4. Reduces infighting among those who would be rivals for Reduces infighting among those who would be rivals for

chairmen. chairmen. E. “Ranking member:” most senior member of minority E. “Ranking member:” most senior member of minority

party on a committeeparty on a committee

HouseHouse 1.1. Rules: most powerful of all. Sets legislative calendar Rules: most powerful of all. Sets legislative calendar

and establishes "rules" for debate and amendments.and establishes "rules" for debate and amendments.

2. Ways and Means: deals with tax bills.2. Ways and Means: deals with tax bills.3.3. Appropriations: deals with spending bills. Appropriations: deals with spending bills.

a.a. Authorization bill allows for money to be spent, and Authorization bill allows for money to be spent, and appropriation bill provides the actual funding for the appropriation bill provides the actual funding for the program.program.

b.b. “Earmarks:” special projects set aside by members to “Earmarks:” special projects set aside by members to benefit home districts or states. Dramatic rise of these in benefit home districts or states. Dramatic rise of these in recent years.recent years.

SenateSenate Foreign Relations. Highly prestigious. Senate has larger Foreign Relations. Highly prestigious. Senate has larger

role in foreign affairs than House because of role in foreign affairs than House because of treaty treaty ratificationratification and ambassador confirmation provisions in and ambassador confirmation provisions in Const.Const.

Judiciary: Screens judicial nominees. Careful scrutiny Judiciary: Screens judicial nominees. Careful scrutiny given because of the power of the modern judiciary and given because of the power of the modern judiciary and the fact that judges have life terms. the fact that judges have life terms.

Types of ResolutionsTypes of Resolutions

simple resolutionsimple resolution – measure dealing with “house-– measure dealing with “house-keeping” or procedural matters that only affect one housekeeping” or procedural matters that only affect one house

joint resolutionjoint resolution – – measure when approved by both houses measure when approved by both houses and the president carries the force of lawand the president carries the force of law

concurrent resolutionconcurrent resolution – – legislative motion that must be legislative motion that must be approved by both houses, but does not have the force of approved by both houses, but does not have the force of lawlaw

resolutionresolution - - a measure expressing opinions on policies or issues

Date post:	05-Jan-2016
Category:	Documents
Upload:	jeremy-rodgers
View:	212 times
Download:	0 times

Copyright © 2013 Cengage. Source: Congressional Quarterly, various years.

Documents