Answer this question

• Should Congress reflect the will of the people?

• Or should they pay attention to their own points of view, even if they disagree with their constituents?

Legislative Branch = Congress

• Location in Constitution–Article I

• Term of Congress = 2 years–2 one year Sessions –Session = January-December

Connecticut Compromise

• Bicameral Legislature– two chambers– Senate & House of Representatives

• Senate – states represented equally

• House of Representatives – states represented according to the size of their

population - population represented equally– in 1789 1:30,000 / Today 1:600,000

Constituency

The people a politician represents

• Senate –people living in the state

• House of Representatives–people living in the district

Legislative Branch• Seniority – reforms – no longer automatic

– length of time spent in office– length of continuous time spent assigned to a

particular committee– committee assignments & reelection of

incumbents• Incumbents

– person currently holding public office and seeking reelection

– approximately 95-98% get reelected each term in the House of Representatives and in the Senate, incumbents are reelected at a rate of approximately 90%

Senate• Qualifications for office

– 30 years old– citizen for at least 9 years– resident of the state being represented

• Term of office – 6 years– staggered terms– 1/3 of Senate elected every 2 years

• Total membership = 100 (2 per state)

AMENDMENT XVII Passed by Congress May 13, 1912. Ratified April 8, 1913.

• Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

• The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

• When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

House of Representatives• Qualifications of office

– 25 years old– citizen for at least 7 years– resident of the state being represented

• Term of office = 2 years

• Total membership = 435 (50 states)– Reapportionment Act of 1929

• Census every 10 years• Role of Congress and state legislatures• Gerrymandering

113th Congress

Senate• Majority Party = Democrats• Minority Party = Republicans

House of Representatives• Majority Party = Republicans• Minority Party = Democrats

United States Senate 113th Congress, Session 1

Majority Party: Democrat (53 seats)Minority Party:  Republican (45seats)

Other Parties: 2 Independent

Note: Senator Bernard Sanders of Vermont was elected as an Independent. Senator Joseph Lieberman of Connecticut was reelected in 2006 as an Independent, and became an Independent Democrat.

U.S. House of RepresentativesParty Divisions:

200 Democrats234 Republicans

1 vacant

Gender Profile approx.

Senate17 Women

83 Men

House of Representatives75 Women358 Men

Senate – African Americans• Hiram R. Revels (R-Mississippi), 1870-

71• Blanche K. Bruce (R-Mississippi), 1875-

1881• Edward W. Brooke (R-Massachusetts),

1967-1979• Carol Moseley-Braun (D-Illinois), 1993-

1999• Barack Obama (D-Illinois), 2005-2008• Roland Burris (D- Illinois), 2009

Senate – Hispanic Americans• Octaviano Larrazolo (R-New Mexico),

1928-29• Dennis Chavez (D-New Mexico), 1935-

1962• Joseph M. Montoya (D-New Mexico),

1964-77• Ken L. Salazar (D-Colorado), 2005-• Melquiades R. Martinez (R-Florida), 2005-• Robert Menendez (D-New Jersey), 2006-

Senate – Asian Americans

• Hiram L. Fong (R-Hawaii), 1959-1977• Daniel K. Inouye (D-Hawaii), 1963-• Samuel I. Hayakawa (R-California),

1977-1983• Spark M. Matsunaga (D-Hawaii), 1977-

1990• Daniel K. Akaka (D-Hawaii), 1990-

Senate – Native Americans

• Charles Curtis (R-Kansas)–1907-13; 1915-29 (Kaw)

• Robert Owen (D-Oklahoma)–1907-1925 (Cherokee)

• Ben Nighthorse Campbell (R-Colorado)–1993-2005 (Northern Cheyenne)

Congressional Salaries

• The salary for the Speaker of the House & President of the Senate is approx. $220,000

• The salary for the Majority and Minority Leaders in both Houses is $193,400.

• The current salary for all other Senators and Representatives is $174,000 .

Organization of Congress• Speaker of the House

– Potentially the most powerful and influential person in Congress

• President of the Senate– Not a position of power– President pro tem most often presides

• Majority Leaders & Minority Leaders

• Committee Chairpersons

Organization of Senate• President of the Senate (Vice President of the US)

presides over important votes, can break a tie• President Pro Temp presides over the Senate when

the Vice President is not present• Majority leader controls calendar,

sets agenda, has power to recognize speakers• Majority whip maintains party unity

and promotes majority party's agenda• Minority leader is senior leader of the minority

party• Minority whip maintains party unity

and promotes minority party's agenda

Senate LeadershipPresident of the Senate = Joseph Biden (D)

• Vice President of the United States• not a member of Congress• presides over the Senate (seldom)• only votes to break a tie

President pro tem = Daniel Inouye (D)

• ceremonial / honorary position• presides over the Senate when VP

is not in attendance

Majority LeaderHarry Reid (D)

•Represents Nevada•First elected to the Senate in 1986•Committee on Appropriations

Assistant Majority Leader(Democratic Whip)Richard Durbin

• Democrat• Illinois• Committee on Appropriations• Committee on the Judiciary• Committee on Rules and Regulations

Minority LeaderMitch McConnell (R)

• First elected to the Senate in 1984• Represents Kentucky• Senior member of the Appropriations,

Agriculture and Rules Committees

Assistant Minority Leader(Republican Whip)Jon Kyl

• Republican• Arizona• Committee on Judiciary• Committee on Finance

Florida’s Two SenatorsBill Nelson (D)– Armed Services– Budget– Commerce, Science & Transportation– Foreign Relations– Special Committee

on Aging– Select Committee on Intelligence

Marco Rubio(R)• Commerce•Foreign Relations•Small Business

Organization of House of RepresentativesA majority in the House elects Speaker of the House• Speaker of the House controls the calendar,

sets the legislative agenda, and has the power to recognize speakers

• Majority whip maintains party unity, polls members on bills and develops party support for legislative goals

• Committee chairs (all are majority party)• Minority leader is senior leader of the minority party• Minority whip maintains party unity and promotes

minority party's agenda• Representatives seek assignments that allow them

to influence decisions important to their districts

Speaker of the House John Boehner (R)• Serves as Speaker of the House• Represents Ohio’s 8th District

• Often responsible for airing and defending the majority party’s legislative agenda in the House

• Traditionally refrains from debating or voting in most circumstances, and does not sit on any standing committees of the House

• Leads the appointment process for the chairs of the various committees & subcommittees in the House

House Majority LeaderEric Cantor (R)

• Represents Virginia's 7th Congressional District

• Schedules legislation for consideration on the House Floor, as well as building unity among House Democrats and delivering the Democratic Party's message.

House Minority LeaderNancy Pelosi (D)

• Represents California’s 8th District• Leader of the Democratic agenda in the House

Florida’s 7th District

(Includes WPH)John Mica(R)

• Committee Assignments– Transportation (chairman–  

House Oversight and Government Reform Committee

Committee System• Core of Congress where bills are considered

– Committees allow members to specialize in policy areas and become experts

• Congressional division of labor achieved through committees– Committee chairs act as “gatekeepers”

• Standing committees have fixed membership, officers, rules, staff, and offices– Majority party sets rules and chooses officers– Majority party always has most committee members– Jurisdiction is defined by subject matter of legislation

Examples

• Farm subsidy bills go to Agriculture Committee• Highway bills go to Transportation Committee• GI Bill benefits go to Veteran’s Affairs Committee• House Rules Committee decides the order in

which bills come up for a vote and determine the rules that govern length of debate and opportunity for amendments

House of Representatives - Committees

AgricultureAppropriationsArmed ServicesBudgetEducation & LaborEnergy & CommerceFinancial ServicesForeign AffairsHomeland SecurityHouse Administration

Joint Committees:Joint EconomicJoint PrintingJoint Taxation

JudiciaryNatural ResourcesOversight & Government ReformRulesScience & TechnologySmall BusinessStandards of Official ConductTransportation & InfrastructureVeterans' AffairsWays & Means

Select Committees:Select Committee on IntelligenceHouse Select Committee on Energy Independence and Global Warming

Senate Committees

Agriculture, Nutrition, & ForestryAppropriationsArmed ServicesBanking, Housing & Urban AffairsBudgetCommerce, Science &

TransportationEnergy & Natural ResourcesEnvironment & Public Works

Special, Select, and Other Indian Affairs Select Committee on Ethics Select Committee on Intelligence Special Committee on Aging

FinanceForeign RelationsHealth, Education, Labor & PensionsHomeland Security & Governmental AffairsJudiciaryRules & AdministrationSmall Business & EntrepreneurshipVeterans’ Affairs

Joint CommitteesJoint Committee on Printing Joint Committee on Taxation Joint Committee on the Library Joint Economic Committee

Lawmaking in Congress

Only 5-10% of bills introduced become law

Work takes place in committees

HOW A BILL BECOMES LAW

• A member of Congress must introduce the bill– Senate or House of Representatives– All revenue bills must start in the House

• Bill is given a number & title that reflects the subject of the bill

• Bill is forwarded to the appropriate Sub-Committee– Sub-Committee Chairperson sets the agenda– Sub-Committee researches, holds hearings,

debates, makes changes to bill and then finally votes

– Bill must pass a 50% + 1 vote– Bill is sent back to the Standing Committee

• Process may be repeated in the Standing Committee

If in the House of Representatives…

• 50% +1 in the House Standing Committee

• Sent to the Rules Committee – sets rules for House Floor debate, then vote

• Released to the full floor for debate & vote– When passed by a 50% + 1 vote, then sent to the

Senate where the process is essentially repeated

If bill started in the Senate…

• When passed by a 50% +1 vote in the Senate Standing Committee – sent to the full floor for debate and vote–potential filibuster

• When passed by a 50% + 1 vote, then sent to the House of Representatives where the process is essentially repeated

All bills must pass BOTH Houses of Congress

All bills must pass in identical wording

• if the House and the Senate versions of the bill are different, the bill is sent to a Conference Committee

Conference Committee

• contains members of both Chambers • senior members of standing or

subcommittees that initiated the bills• If a compromise bill is accepted by the

Conference Committee, then this single version of the bill must be sent back to each House for a final full floor vote (50% + 1)

House of RepresentativesIntroduced

Given a Title & #

SubcommitteeChairperson sets agenda

Research, hearings, debate Vote 50% + 1

Rules CommitteeLimits on debate time

Vote 50% + 1

Full FloorCommittee of the Whole

Debate & Vote50% + 1

Sent to the SenateStanding Committee

Process repeatedVote 50% + 1

Senate

Bill is IntroducedGiven a Title & #

Committee Processis repeated

Except there is no Rules Committee

Full FloorDebate is unlimitedPossible filibusterVote – 50% + 1

• Members from both Houses

• Reconcile HR & S versions of the bill• Vote 50% + 1

Sent to thePresident

Conference Committee

Full Floor vote in each House (50% + 1)

Bills passed in each House of Congress are sent to the President where he/she is

given 10 days to take action

The President has 4 Options:

Bill becomes Law

Option 1:The President signs the bill into law

Passes with No Signature

Option 2:Bill becomes a law without

the president’s signature– Does not sign– 10 days pass– Congress is still in session– bill becomes law

VETO

Option 3: Veto (rejects)– The President formally

rejects the bill– The bill is sent back to

Congress– Congress can vote to

override veto by 2/3 vote– Most vetoes are not

overridden

POCKET VETO

Option 4: Pocket Veto– The President does not sign– 10 days pass– Congress has adjourned– bill does not become law

The Line Item Veto?• The Line Item Veto Act, P.L. 104-130, allowed the

President, within five days (excluding Sundays) after signing a bill, to cancel in whole three types of revenue provisions within the bill.

• The cancellation would take effect upon receipt by Congress of a special message from the President. Congress could "override" the line-item veto by enacting a disapproval bill that would make the cancellation message null and void.

• On June 25, 1998, the U.S. Supreme Court held the Line Item Veto Act unconstitutional.

Clinton v. City of New York (1998) • Line Item Veto ruled unconstitutional.

• The Court explained that under the Presentment Clause, legislation that passes both Houses of Congress must either be entirely approved (i.e. signed) or rejected (i.e. vetoed) by the President.

• The Court held that by canceling only selected portions of the bills at issue, under authority granted him by the Act, the President in effect "amended" the laws before him. Such discretion, the Court concluded, violated the "finely wrought" legislative procedures of Article I as envisioned by the Framers.

Cooperation in Congress• Members act for various reasons

–Politicians are eager to please major campaign contributors–Politicians pursue their own agendas

•When acting as delegates, members do the public's bidding•When acting as trustees, members do what they think is right

• Because of a diversity of interests, legislative consensus is required for bills to become laws

• Cooperation forms from political parties, regional, or ideological commonalities

• Cooperation also results from "back-scratching“ or logrolling

How Congress Decides

• Constituency

• Interest Groups

• Party Discipline

How Congress Decides – Constituency

• most do not even know what policies their representatives support

• attempt to anticipate constituents’ policy views because of the possible impact on the next election

How Congress Decides – Interest Groups

• Ability to mobilize constituents

• “Astroturf lobbying”– simulate grassroots support

• Campaign funds

How Congress Decides – Party Discipline

• Committee assignments

• Access to the floor– power of recognition

• Whip system– communication network– influence legislative coalitions & compromises

How Congress Decides – Party Discipline (continued)

• Logrolling– reciprocal agreements between legislators who

have nothing in common except desire to exchange support

• Presidency– post-WWII – strengthened role of the President in setting

agenda

Powers of CongressArticle I, Section 8, Clauses 1-17 (25 expressed

powers):• Establish and maintain the armed forces• Declare war• Raise taxes and borrow money• Spend money for the general welfare• Regulate interstate and foreign commerce

Article I, Section 8, Clause 18:• Do what is “necessary and proper” to carry out the

expressed powers

McCulloch v. Maryland (1819)• In a unanimous decision, the Court held that Congress

possessed unenumerated powers not explicitly outlined in the Constitution. (implied powers)

• Marshall also held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme. . .they control the constitution and laws of the respective states, and cannot be controlled by them."

• Necessary & Proper Clause & the Supremacy Clause

Additional Powers of Congress

Oversight & Investigative

Advise & Consent of the Senate

Oversight & Investigative

• Analyze and evaluate implementation of laws and programs by the Executive Branch

• Power to subpoena witnesses, take oaths, cross-examine, compel testimony, bring criminal charges for contempt and perjury

• Examples– Intelligence oversight: ensures military does not collect

intelligence on civilians– Uncover illegal activities: Iran-Contra

Advise & Consent of the Senate

Treaties negotiated by the President 2/3 vote to approve

Appointments made by the President 50% +1 vote to approve

INS v. Chadha (1983)Question Presented • Did the Immigration and Nationality Act, which allowed a

one-House veto of executive actions, violate the separation of powers doctrine?

Conclusion • The Court held that the particular section of the Act in

question did violate the Constitution. • Acted as a “legislative veto”• Recounting the debates of the Constitutional Convention

over issues of bicameralism and separation of powers, Chief Justice Burger concluded that even though the Act would have enhanced governmental efficiency, it violated the "explicit constitutional standards" regarding lawmaking and congressional authority.

…Powers of Congress

• Control of purse strings – appropriations $

• Reaction to increased use of Executive Agreements– 1972 Case Act – 60 days to inform Congress of

Executive Agreements

SENATE

• Six-year term• 100 members• Larger

Constituencies• States represented

equally• More personal staff• Policy generalists• Riders allowed

HOUSE of REPRESENTATIV

ES

• Two-Year Term• 435 members• Smaller constituencies• Equal populations

represented• Fewer personal staff• Policy specialists• Riders not allowed

SENATE

• Flexible rules– Unlimited debate– Filibuster– Cloture (3/5 vote)

• Impeachment trial– 2/3 vote to convict

• Treaties (2/3 vote)• Appointments (50% +1)

• Upper House– more status,

prestige– more media

coverage

HOUSE OFREPRESENTATIVES

• Rigid Rules– Rules Committee– Debate limited

• Impeachment – Investigates &

formally charges• Initiate revenue bills

• Lower House– less prestige– less media coverage– closer to the people

Fall & Rise of Congressional Power• First century

– Congress as dominant institution• Next 50 years

– Steady decline of Congressional Power

• 1930s-40s - Executive as dominant institution– FDR’s “New Deal”– Truman’s “Fair Deal” – Kennedy’s “New Frontier”– Johnson’s “Great Society”

Continued…

• Nixon’s “New Federalism”• Reagan’s “New Federalism” revisited,

Reaganomics – Trickle-Down Theory• George H.W. Bush – Continues Reagan policies• Clinton’s “New Covenant”• George W. Bush “War on Terror”• Barack Obama….

Institutional Developments…• Constituency

– extent to which political institution is linked to, allied with important political forces in the country

• Organization– capacity to make, implement, & enforce

decisions efficiently

• Growing importance of incumbency– 1st phase, turnover was rapid– Today, the average length of service is 6 – 7

terms

Institutional Developments…• Use of legislative investigations as

congressional weapon against executive– McCarthy (communism), Kefauver (crime),

Fulbright (Vietnam War), 9-11 Commission• Code of Ethics (1971)• Campaign Finance Act (1974)• Budget and Impoundment Act (1974)

– Congressional Budget Office (CBO)• Increased use of the filibuster• War Powers Resolution (1973)• Ethics in Government Act (1978)• Budgetary limits (1980s-1990s)

U.S. Congress Governs…• Large suites of offices in Washington D.C.• Large staffs• Access to the world’s largest library via direct

computer hookup• District offices• Computers to access information all over the

world• Congressional Research Service• Office of Technology Assessment• Large Budgets = Money, resources & help…

Enables members to actually play an active role in the consideration, formulation, and initiation of policies

Compared to British Parliament…• Most MPs do not have offices• Many only have lockers in another building• Most do not have typewriters• Few have secretaries• Many lack resources that are available to

members of U.S. Congress…Members of Parliament represent rather than

govern

Core of the Analysis• The struggle for power between Congress and the president results

from the Constitution's system of checks and balances.• The power of Congress is a function of its capacity to effectively

represent important groups and forces in society.• During the first hundred years of U.S. government, Congress was

the dominant institution; with the beginning of the New Deal, the presidency became the more accessible, dominant branch of U.S. government.

• Before a bill can become a law, it must pass through the legislative process, a complex set of organizations and procedures in Congress.

• The legislative process is driven by six sets of political forces: political parties, committees, staffs, caucuses, rules of lawmaking, and the president.