Congress Versus Parliament
Congress Independent representatives of districts or states (decentralized) Work = representation, individual voting, establishing laws
Parliament Loyal to national party leadership Work = debate & party voting to keep Prime Minister and cabinet members
in power
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POWERS OF CONGRESSArticle 1, section 8 from pocket constitutions!
Taxes Borrow money Regulate commerce (trade) – foreign & interstate Naturalization & bankruptcy laws Coin/Print money & establish counterfeit laws/punishments Establish post offices Issue patents & copyrights Create lower federal courts Establish laws, control & punishments concerning the seas Declare war Raise & support army/navy Provide for militia through states (National Guard) Necessary and Proper Clause**
Bicameral Structure2 Chambers: House of Reps & Senate
113th Congress: January 2013 – January 2015
** based off of 2012 midterm elections
Party Polarization:
Majority of the 2 major political parties opposing the other
Post 1970s = GREAT increase in party polarization in congress and decrease in bipartisan compromise
Polarization in Congress
1. CLICK ON THE LINK
Congress: In the Real World
2. Select “In the Real World” from the right tab
3. Click on the “VIDEO” tab and watch video
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Sources: Updated through 2008 by Zach Courser; NES data as reported in 2001–2002; Harold W.Stanley and Richard G. Niemi, Vital Statistics on American Politics (CQ Press, 2001), 211. Reprinted bypermission of Congressional Quarterly, Inc.
Note: A party vote occurs when the specified percentage (or more) of one party votes against the specified percentage (or more) of the other party.
Why Polarization in Congress post 1970s?
Prior to 1970s:
1. “Seniority based” leadership
- much experiences and practiced the “art” of the political deal (bipartisan compromise)
2. Established Interparty coalitions to obtain chairmanships
Post 1970s:
3. “Disappearing center”- conservative democrats and liberal republicans = EXTINCT!
2. NOT “senior based” leadership
- congressmen = more bold and set in political ideologies than older more experienced congressmen
Party UnityLower today than 100 years ago, but…..
Ideology important variable explaining party voting (members vote with their party 80% of the time)
Polarization trends:o1976 HR = 36%; S = 37%o1995 HR = 73%; S = 69%o2000 HR = 43%; S = 49%
WATCH FIRST 3 MIN – Stewart on Congress
Congressional Caucuses Congressional Caucuses:
groups (may be bipartisan) meeting to pursue common legislative objectives
Rivals to parties in policy formulation
Examples: Democratic Study Group, Congressional Black Caucus, Tuesday Lunch Bunch, Human Rights, Congressional Caucus for Women’s Issues, Out of Iraq Caucus,
Rural Caucus, Travel & Tourism Caucus, House Caucus on Missing and Exploited Children
House of Reps 435 members (population of state) 2 year terms MUST be 25 yrs. Old MUST be U.S. citizen for 7 years MUST be resident of state representing
* Power to impeach (formally accuse)
* Handle bills dealing with money (taxes/spending)
233 Republicans
3 Vacancies
201 Democrats
Senate 100 members (2 per state) 6 year terms MUST be 30 yrs. Old MUST be U.S. citizen for 9 years MUST be resident of state representing
* Handles foreign/ratification treaties
* Approves presidential appointments
* Hold impeachment trials and remove officials from office
53 Democrats
2 Indep. (Caucusing with Dems)
45 Republicans
House v. SenateHouse
435 members; 2 yr terms
Low turnover
Speaker bill referral hard to challenge
Scheduling/rules controlled by majority party with powerful Rules Committee (controls time of debate, amends., etc)
Senate
■ 100 members; 6 yr terms
■ Moderate turnover
■ Referral decisions easily challenged
■ Scheduling/rules agreed to by majority & minority leaders
House v. Senate: IN COMMITTEE
House
■ Debate limited to 1 hour
■ Members policy specialists
■ Emphasizes tax & revenue policy
■ More formal & impersonal
Senate
■ Unlimited debate unless cloture invoked
■ Members policy generalists
■ Emphasizes foreign policy
■ More informal & personal
Congress: The Basics Explained1. CLICK ON THE LINK
Congress: The Basics
2. Select “The Basics” from the right tab
3. Click on the “VIDEO” tab and watch video
Congressional ElectionsMarginal Districts:
close/competitive elections (less than 55% of vote)
Safe Districts:
incumbent landslide election (more than 55% of vote)
** DIFFERENCE MAKER = $ and name recognition!!
** Elections where there is no running incumbent = MORE COMPETITION and more spending
House Leadershipmentioned in Article 1, section 2 of the Constitution Speaker of the House:
- Majority party (R) elected
* GOAL = pass legislation favored by majority party
POWER Phase #6 – “powerful speaker”- Selects chair memberships of committees- Selects 9 of the 13 members on the House Rules Committee- Appoints ALL members of select committees and conference
committees- Determines which bills go to which committee for action- Determines which bills reach the floor and runs vote
House Leadership: REPUBLICANS- Speaker of the House : John Boehner
- Majority Leader: Eric Cantor
* elected by majority party
* assists Speaker, helps schedule business
- Majority Whip: Kevin McCarthy* “spokesperson”/reporter to majority leader on stance of
committee members and voting trends to predict and schedule floor voting
* get the “inside scoop” on views/attitudes of controversial issues
* mobilizes members
Chairman of Conference Policy Committee Committee on Committees National Republican Congressional Committee Research Committee
House Leadership: DEMOCRATS
- Minority Leader: Nancy Pelosi
* elected by minority party
* coordinates with/opposes the majority leader
- Minority Whip: Steny Hoyer* “spokesperson”/reporter to minority leader on stance of committee members and voting trends to predict and
schedule floor voting
* get the “inside scoop” on views/attitudes of controversial issues
* mobilizes members
Chairman of the Caucus Steering & Policy Committee Democratic Congressional Campaign Committee
House Committees* 19 standing committees, 100+ subcommittees, 3 permanent select committees
Standing Committee:
permanent committees with specific responsibilities
Subcommittees :
formed to tackle very specific tasks within the jurisdiction of the full committees
** REFERENCE YOUR HOUSE COMMITTEE CHART from student group presentations!
Rules Committee
Appropriations Committee
Ways and Means
Appropriations Committee March 2, 1865, the House separated the appropriating, banking and currency duties from the
Committee on Ways and Means (established in 1789). It assigned them to two new committees:
Committee on Appropriations
Committee on Banking and Currency
** Handles the “appropriations” of money that bills and pieces of legislation receive.
Until 1865, all "general" appropriations bills had been controlled in the House by the Committee on Ways and Means (also in charge of revenue measures)
Membership of the Committee:51 total members 29 R, 22 D
12 Subcommittees: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Commerce, Justice, Science, and Related Agencies Defense Energy and Water Development, and Related Agencies Financial Services and General Government Homeland Security Interior, Environment, and Related Agencies Labor, Health and Human Services, Education, and Related Agencies Legislative Branch Military Construction, Veteran Affairs, and Related Agencies State, Foreign Operations, and Related Programs Transportation, Housing and Urban Development, and Related Agencies
Ways and Means Committee U.S. CONSTITUTION Article I, Section 7, of the Constitution of the United States
provides as follows:
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Article I, Section 8, of the Constitution of the United States provides the following:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and...To borrow Money on the credit of the United States.
Congressional CommitteesJoint Committee:
committees composed of BOTH House and Senate members
Joint Economic Committee Joint Committee on Printing Joint Committee on Taxation
Conference Committee:
committee made up of Speaker appointed House and Senate members to draft an identical version of a bill/legislation
Select Committee:
committees appointed for certain purposes and for a limited time, INVESTIGATIVE by nature, go beyond the jurisdiction of standing committees
House Select Committee on Energy Independence & Global Warming Senate Select Committee on Ethics House & Senate Select Committees on Intelligence
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Rep. Steve Scalise, R-La., holds a photo of an oil coveredpelican as he questions BP CEO Tony Hayward on Capitol Hill in Washington, June 17, 2010, during the House Oversight and Investigations subcommittee hearing on the role of BP in the Deepwater Horizon explosion and oil spill.
AP Photo/Haraz N. Ghanbari
Senate Leadership:Party Organized
DEMOCRATS
President of the Senate (Vice President- Joe Biden)
President Pro Tempore (majority party – Patrick Leahy)
Majority Leader (Harry Reid D-NV)Majority Whip (Richard Durbin D-IL)
Chairman of Conference Policy Committee (12+ senators of each party = choose bills to focus on) Steering Committee (assigns senators to committees – 22 members) Democratic Senatorial Campaign Committee
Senate Leadership:Party Organized
REPUBLICANS
Minority Leader(Mitch McConnell R-KY)
Minority Whip(John Cornyn R- TX)
Chairman of Conference Policy Committee (12+ senators of each party = choose bills to focus on) Committee on Committees (assigns senators to committees – 18
members) Republican Senatorial Committee
SENATE LEADERSHIP
Committee Changes/Reform:Party Dictated
DEMOCRATS (1970s)
- Majority party selects committee chairs by secret ballot
- Chairs cannot block legislation by refusing to send bill to subcommittee
- ALL committees and subcommittees must be public (unless by vote to keep them closed)
ObamaCare Committee Hearing
- Subcommittee chairs = elected by committee members
- Subcommittee chairs can hire own staffers (without committee chair influence)
Committee Change/Reform:Party Dictated
REPUBLICANS (1990s)
- Decreased # of committees and subcommittees- Committee chairs hire subcommittee chairs- Term limits:
CHAIRS (committees & subcommittees) = 3 terms/6 years total
SPEAKER = 4 terms/8 years total
- Chairs cannot cast vote for absent committee member
Congressional Behavior3 Theories
Representational:
congressmen want reelection and vote to please and represent their constituents
* Focus on big issues that matter to constituents (civil rights, gun control)
Organizational:
congressmen want to please fellow members of congress, NOT constituents
* Party voting… all congressmen are NOT informed on all issues
Attitudinal:
congressmen vote how they please because conflicting pressure on issues cancel out
Organization of CongressSTAFFERS
** increased rapidly in the 20th century!
Committee & Individual Staffers= work FOR legislators
- routine chores
- “handle” constituents
- serve as communication link between constituents and legislators
(inform legislators of district concerns, work to get legislator reelected)
Organization of CongressSTAFF AGENCIES
* Work for congress as a whole
give congress specialized info. on issues/topics
CRS (Congressional Research Service)
- NEUTRAL information service (D & R)
GAO (General Accountability Office)
- serve congress… head appt. by president
- policy and government investigation
CBO (Congressional Budget Office)
- advises on impact of program spending
- tracks economic trends
Types of Resolutions
resolution - a measure expressing opinions on policies or issues
simple resolution – “house-keeping” or procedural measure needed only in one chamber (HR or S)
Ex. Rules Committee in House
concurrent resolution – legislative motion that must be approved by both chambers (HR & S), but does not have the force
of lawEx. Amendment process
joint resolution – measure approved by both chambers (HR & S) AND the president carries the force of law
Legislative Process: Bill Law1. Introduction of Bill:
proposed piece of legislation that has not yet been passed markups
School House RockSenate: Bill formerly read aloud on floor Bill then given to clerk Referred to committee by Steering Committee
House: Bill dropped in hopper Referred to committee by the Speaker
Legislative Process: Bill Law2. Bill Assigned to Committee and/or Subcommittee
- by speaker (HR) or Steering Committee (S)
- committee with proper jurisdiction
** most bills DIE in committee!
3. Hearing
- complicate the bill and the process
- witnesses testify, questioning, evidence presented (interest groups, congressmen, public support)
Rules Committee
- committee and subcommittee make changes that must be approved by the house
** Important for committee to introduce favorably
Discharge petition: HR majority (218) vote to bring bill to floor for vote (RARE)
Open rule: amendments can be made on the floor
Closed rule: limits/restricts debates and amendments that can be made to bill
Legislative Process: Bill Law4. Floor Action: HOUSE of REPS
Rules Committee schedules bills on calendar & decides whether amendments may be added
Earmarks:
hidden pieces of a bill that exempt or order the federal govt. to fund = causes conflict!
HR = limited debate (1 hour)
Floor vote: Recorded/Roll Call, Standing,
Voice
Legislative Process: Bill Law4. Floor Action: SENATE
- Party leaders schedule bills for floor debate on
the calendar
Riders:
irrelevant amend. changes made to bill = conflict!
Filibuster:
senator speaking for extended amount of time to
delay or prevent measure from coming to vote
Senator Strum Thurman still holds the record for the longest filibuster - 24 hrs 18 min. on the 1957 Civil Rights Act
Ted Cruz Filibuster
Ted Cruz Filibuster Speech
Double Tracking:
majority vote to set filibustered bill aside temporarily for senate to move on with business
Cloture:
3/5 vote in Senate (60 members) to end filibuster
Legislative Process: Bill Law5. Chamber Voting- House of Reps Senate
Approved bill must pass each chamber by a simple majority
6. Conference Committee
if both chambers do not agree on identical version
Voting on final version of the bill
7. Presidential Action (veto or signing into law)
* pocket veto, item line veto
Note: Congress can override veto with 2/3 vote in each house; only 4% of vetos have been overridden
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The electronic voting system in the House of Representatives displays each member’s name on the wall of the chamber. By inserting a plastic card in a box fastened to the chairs, a member can vote “Yea,” “Nay,” or “Present,” and the result is shown opposite his or her name.
Photo courtesy of the Office of the Clerk of the House
Legislative ProductivityDivided Government:
When the executive branch party is opposite of one or both chambers of legislative branch
Unified Government:
Executive branch and both chambers of legislative branch are of the same party
Legislative Process: Bill Law
Fact: About 5,000 bills are introduced in Congress every year, but only about 150 are signed into law.
PROJECT VOTE SMART!
Mock Congressional Legislation
1. Select legislation ideas for hopper
2. Vote on House Speaker
** READ/Access handout in order to carry this process through!
Who shall the speaker beeee???!