The Struggle For Democracy

Chapter 11: Congress

Critical Thinking Questions

Survey data show that Americans have a low level of respect for Congress as an institution, yet we continue to reelect members at very high rates. Why?

Do voters make their decisions based on the well-being of the nation or on localized needs and priorities?

Structural Foundations of Congress

The Framers were worried about democracy, concerned about tyranny, and wanted an energetic, capable governmentCongress: the center of policymaking

Enumerated powers Elastic or necessary and proper clause Implied powers Powers divided between the two chambers

Structural Foundations of Congress

Constraints on CongressRepublicanismBicameralism Prohibitions against

Bills of attainder Ex post facto laws Suspension of writs of habeas corpus Granting titles of nobility

Structural Foundations of Congress

Competing centers of powerSeparation of powersChecks and balances

Do you remember the difference between the two?

Structural Foundations of Congress

Bicameralism & RepresentationApportionment

Great Compromise Representation in the House is based on population Representation in the Senate is based on equality

Fixed terms House = 2 years and up for election every two years Senate = 6 years and one-third of the body is up for

reelection every two years Election

House = direct popular election Senate = state legislators until the 17th Amendment (1913)

Structural Foundations of Congress

FederalismPowers granted to the national government

onlyPowers granted to the states onlyPowers shared by the states and the national

governmentPowers denied to both entities

Representation & Democracy

In terms of demographics, who are the members of Congress?Race: women and racial minorities are

significantly underrepresentedSocial class: family wealth, great education,

mostly lawyers and business people

Representation & Democracy

The average congressional person is a white male in his mid to late 50’s who is a lawyer, or has some other type of post-baccalaureate degree, and is a member of the upper middle class.

Is this a problem? Why? Why not?

Representation & Democracy

Edmund Burke described two stylesDelegate: representative who tries to reflect

the views of his/her constituencyTrustee: representative who acts

independently and uses his/her best judgment Critical Thinking Question: Which style

is more likely to be used in which chamber? Why?

Representation & Democracy

Equal Representation House

Representation based on population; reapportionment is based on the national census, which is done every ten years

State legislatures draw the district lines The dominant party will draw the lines in a way that retains power

Gerrymandering Voting Rights Act of 1965 Majority-Minority districts

Representation & Democracy

Electoral ConnectionEqual representation in the Senate

Gives great power to the small states Can distort popular sentiment Diminishes equality

Senate is unrepresentative: more than half of the senators in the 104th Congress come from states that together make up only one-fifth of the population

Representation & Democracy

Money and congressional elections It is expensive to run for office and is getting

more expensiveThe amount of money spent is related to the

probability of winning, but it does not guarantee winning

Incumbents usually raise and spend more money than challengers

Representation & Democracy

Incumbency: some signs of changeHigh turnover if we look at the percentage of

incumbents who actually return after an election as opposed to the incumbent reelection rate

Turnover Members retired Defeated at the nomination stage by members of

their own parties

Representation & Democracy

Yes, but it is still great to be an incumbent!Attract more moneyCan use congressional resources

Casework Franking Pork

Representation & Democracy

So how representative is Congress?To a degree, they vote and pass laws based

on public opinion It is also true that

They do not always follow public opinion. The public often has no opinions or preferences on certain subjects, which means

Congress is influenced by money and interest groups Democracy is impaired because these influences distort

popular sovereignty and also undermine political equality

How Congress Works

Congress is an institutionRule boundHierarchicalPower flows from the top down

Congress is decentralizedMembers are independent; elections are

candidate drivenLeadership is weakMembers see themselves as equals, not in a

pecking order

How Congress Works

Political parties in CongressLegislative business is organized along party

linesParty voting

Party identification serves as a cue Not clear if party voting differences are caused by

party identification or by constituents Party discipline is weak

How Congress Works

Congressional LeadershipHouse

Speaker Third in line of succession to the presidency No clear cut rules for the job

Majority floor leader: helps Speaker plan strategy Minority floor leader: chief spokesperson for the opposition Party whips: act as liaisons between leaders and the “rank

and file”; keep track of voting

How Congress Works

Congressional Leadership Senate

President of the Senate is the Vice President President pro tempore: most senior member of the

Senate Majority leader

Influences/controls committee assignments, scheduling business, and office space

Weaker than the Speaker of the House

Minority leader: leads the opposition

How Congress Works

CommitteesWhy does Congress use committees?

Screening devices Specialization Enhances chances for reelection

How Congress Works

Types of committeesStanding: permanent and organized by subject

matterSelect: temporary and created to conduct studies

or investigationsJoint: organized to expedite business and

facilitate the flow of legislationConference: joint committees formed to reconcile

differences in bills

How Congress Works

Congress is guided by formal rules and informal normsRules: specify how things should be done and

what is and is not allowed House

More rule-bound, organized, and hierarchical Leaders are more powerful; procedures are more structured Restricted floor debate; limited amendments; members are

restricted to one major committee More specialized than the Senate

How Congress Works

Congress is guided by formal rules and informal norms Rules: specify how things should be done and

what is and is not allowed Senate

More relaxed and informal than the House Senators are more independent Less specialization Unrestricted floor debate

Unanimous consent Filibuster cloture

How Congress Works

Congress is guided by formal rules and informal normsNorms: generally accepted expectations about

behavior Reciprocity Courtesy Respect for

Reelection motives Frequent visits back home Members’ advertisement, taking credit, etc.

Congress, Public Policyand American Public Congress as a policymaker

Criticisms: fragmented, will not take responsibility; too cozy with interest groups, unethical, etc.

Assessment of Criticisms: Mixed – sometimes Congress does well, and

sometimes it does not Congress seems to do better under the direction of

strong presidential leadership

Congress, Public Policyand American Public The American people

Like their own representatives and senators, but they dislike Congress as an institution

Approval ratings are related to good economic times and confidence about the future

Americans Have unrealistic expectations of Congress Do not like the messiness of the democratic process

The End

Chapter 11: Congress