Congress

Chapter 11

The Evolution of Congress Congress as the central lawmaking body was a unique invention – rule by emperors/kings was the common method The intent of the Framers:◦ To oppose the concentration of power in a single institution◦ To balance large and small states and checks and balances

Bicameralism House = closer/more accountable to the people

2 year elections, smaller districts Senate = more elite, aristocratic, educated House, closer to President

6 year elections, represent entire state, stricter qualifications They expected Congress to be the dominant institution but limited by checks ◦ The “First branch” of American government

Has the “power of the purse” BUT checked by president’s veto power (even though Congress Can pass a law

even if president vetoes it) Only legislature that exercises almost independently of executive Checked by Supreme Court – laws can be deemed unconstitutional

Virginia Plan New Jersey Plan

Connecticut Compromise

The Legislative Compromise• Recall the Great (Connecticut) Compromise creating the

legislative (lawmaking) branch of government• Congress is a bicameral legislature with:

• two coequal houses with substantially equal powers; and• in particular, legislation (laws, policy, public policy) requires the

support of a concurrent majority in both houses (51% in both houses)– In the House of Representatives, states have representation proportional

to population• Members serve two-year terms. • Representative districts = smaller areas (Hialeah, South Miami, L.C.)

– In the Senate, states are equally represented (2 Senators/state)• The size of the Senate =100 members• Senators serve staggered six-year terms.• Senate “districts” = states.• Since ratification of the 17th Amendment (1913), Senators have been popularly

elected, in the same manner as Representatives.

Major Functions of Congress• Representative of the people

– Closer to the people and directly elected by the people (smaller group, inhabitants of area)

• Lawmaking (public policy = law)– Congressional powers defined in Article I, Section 8 (taxes, interstate

and foreign commerce, *elastic clause)• Consensus building (amongst parties)• Special, exclusive powers:• House – Revenue bills must originate in the House (though usually

happen simultaneously) and impeachment power (officials charged in the house of high crimes)

• Senate – Confirms major presidential appointments, makes treaties with foreign nations (along with president), and holds hearings for impeached officials

• Congress Evolutionary powers (due to elastic clause) – oversight of the budget ($ and presidential proposals approved by Congress), investigation and hearings of public officials

Constitutional DifferencesHouse of RepresentativesHouse of Representatives SenateSenate

2 year terms, unlimited2 year terms, unlimited 6 year terms, unlimited6 year terms, unlimited

435 members (proportional 435 members (proportional representation) – changes representation) – changes every 10 year with censusevery 10 year with census

100 members (equal 100 members (equal representation-2 per representation-2 per state) state) initially initially elected by state elected by state legislatures - considered legislatures - considered ““MillionairesMillionaires’’ Club; Club;”” 17 17thth Amendment (1913) made Amendment (1913) made popular election of popular election of Senators Senators

Initiates all Initiates all ““moneymoney”” bills (taxation and bills (taxation and spending)spending)

““Advice and ConsentAdvice and Consent”” on on presidentpresident’’s appointments s appointments and treatiesand treaties

Initiates impeachment Initiates impeachment proceedingsproceedings

Tries impeached officialsTries impeached officials

25 years old, 7 years a 25 years old, 7 years a citizencitizen

30 years old, 9 years a 30 years old, 9 years a citizencitizen

Election of Representatives• Since 1968, Congress has required states to use single-member

districts for the election of their House members – Single Member district - The state is divided into several

separate districts with one representative elected from each district (example: Key West, Aventura, Miami Beach)

• Majority (over 50%) is not needed to win an election, just a plurality – candidate with the most votes wins– Encourages a two party system

• Contrasts to proportional representation system in which legislative seats are given to parties in proportion to the # of votes they receive in election

Reapportionment of seats in the House of Representatives

The [original] Apportionment Clause: Representatives and direct Taxes shall be apportioned among the several States

which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

In 1940, Congress permanently set # of reps as 435 seats Reapportionment: • Apportionment (or reapportionment), is the process of distributing seats for a

legislative body (the House of Representatives) among the states • done proportionally to the population in the states to prevent unequal

representation among different constituencies. • dividing up the # of representatives per states based on population• the 435 seats in the House of Representatives are allotted proportionately

between the states, who then (state legislatures) create districts for House members to run in

1 representative per apx. 690,000 people (every state has at LEAST one rep) In April 2011, the Census Bureau will announce

the official apportionment population of each state (based on the 2010 census), and the number of House seats each state will have for the coming decade

The 1990 and 2000 Apportionments

Congressional Districting Redistricting = Each state with more than one House seat is divided into

districts equal in number to its apportionment of House seats. State legislatures determine how Congressional District boundaries

are drawn following each census. The districting process is highly contested and political and often

partisan. Legislative districting involves two controversial: Gerrymandering

drawing a district boundary in some bizarre or unusual shape to make it easy for the candidate of one party to win election in that district (to influence outcome of elections)

Malapportionment - having districts of very unequal size so that one district is twice as populous as another

District size: If districts with unequal populations each elect one representative

(with one vote in the legislature), the voting power of individual voters is unequal from district to district.

The Original Gerrymander

Cracking and Packingcrack apart areas of support for the other party, and/or

pack supporters of the other party into as few districts as possible

Redrawing the balanced electoral Redrawing the balanced electoral districts in this example creates a districts in this example creates a guaranteed 3-to-1 advantage in guaranteed 3-to-1 advantage in representation for the blue voters as 14 representation for the blue voters as 14 red voters are red voters are packedpacked into the light into the light green district and the remaining 18 are green district and the remaining 18 are crackedcracked across the 3 remaining blue across the 3 remaining blue districts.districts.

SourceSource: http://en.wikipedia.org/wiki/Gerrymandering: http://en.wikipedia.org/wiki/Gerrymandering

Courts Does malapportionment violate the Equal Protection Clause of the 14th Amendment? Baker v. Carr (1963): First malapportionment case taken by Court

Memphis, TN had not redistricted since 1901 but population drew in urban areas drastically; Memphis had 10 times as many people as rural districts

resident Joe Baker sued TN Sec. of State Carr for unequal representation under the law

court ruled that state legislatures must redistrict every 10 years Wesberry v. Sanders (1964):

the Court applied “one man, one vote” specifically to Congressional Districts; districts must be as equal in size (population) as possible “as nearly as is practicable, one man's vote in a congressional election is to

be worth as much as another's.” Shaw v. Reno (1993) – GERRYMANDERING

Race can be a factor, but cannot be the sole factor for gerrymandering BUT Easley v. Cromartie (2001) political party gerrymandering is legal

Who is in Congress? Typical member = wealthy, well-educated, white, male (80%), Protestant, middle-aged (Sen.=61,Rep=57), lawyers (40%)

Controversial – can this unrepresentative group represent diverse groups? The House has become less male and less white

Between 1950 and 2005: Women Senators rose from 2 to 20 Women representatives rose from 10 to 108 Black representatives rose from 2 to 46 Black Senators from 0 to 2 Today, 34 Hispanic Reps, 4 Hispanic Senators Today, 11 Asian Reps, 1 Asian Senator Today 2 Native Americans in the House

Membership in Congress became a career, unlike past Incumbents still have a great electoral advantage Democratic party largely controlled Congress from 1933-1998 But in 1994, voters opposed incumbents due to budget deficits, various policies, legislative-executive bickering, and scandal

Blacks, Hispanics, and Women in Congress, 1971-2002

111th Congress: January 3, 2009-January 11, 2011

House of Reps breakdown:258 Democrats (blue)177 Republicans (red)Senate Breakdown:58 Democrats40 Republicans, 2 Independent

The Incumbency Advantage Incumbency tradition is high in both Senate (generally above 50%)

and House (generally above 80%, incumbent rate more stable than Senate)

Media coverage is higher for incumbents Incumbents have greater name recognition

due to franking (use govt $), travel to the district, news coverage

Members secure policies and programs for voters Easier to raise campaign contributions because

lobbyists seek their favors Redistricting that incumbents do (gerrymandering and

malapportionment) Sophomore surge Constituents can see what incumbents are doing in their

community Exception to incumbency advantage: scandal or unpopular president Consequences?

+ Continuity (less radical change), more experienced, established relationships with interest groups, policy specialization

- discourages challengers, lack of responsiveness, fewer minorities

Incumbent House Members Running for Reelection, 1964-

2006

19641966

19681970

19721974

19761978

19801982

19841986

19881990

19921994

19961998

20002002

20042006

0

100

200

300

400

0

Number defeated Number reelected

Reelection Rates of House and Senate Incumbents, 1946-2006

1946

1948

1950

1952

1954

1956

1958

1960

1962

1964

1966

1968

1970

1972

1974

1976

1978

1980

1982

1984

1986

1988

1990

1992

1994

1996

1998

2000

2002

2004

2006

50

60

70

80

90

100

Percent reelected

House Senate

In 1974, huge drop in House and Senate Republican seats due to Watergate scandal; huge drop of Democratic incumbents due to Ronald Reagan’s popularity and Jimmy Carter’s failure

Determinants of voting patterns

Representative as Delegate vs. trustee Delegate: act on what constituents want (agent of the voters, even if they disagree) Trustee: members act on their own personal beliefs of what is best for society

Representational view (Constituent influence): members vote to please their constituents, in order to secure re-election Interest group influence, constant visits at home with constituents, e-

mails, phone calls, town hall meetings Organizational/ party view (colleague and party influence): where

constituency interests are not vitally at stake, members primarily respond to cues from colleagues Party leadership pressure, vote along party lines (more than 75% of

the time) Attitudinal view (personal views): the member’s ideology determines

her/his vote Congressional approval ratings very low (30%) overall distrust of

Congress as a whole; higher approval of individual members Anomaly: incumbents reelected

Confidence in American Institutions, 2007

Source: CNN/USA Today/ Gallup poll, June 11-44, 2007.

"I am going to read you a list of institutions in American society. Please tell me how much confidence you, yourself, have in each one--a great deal, quite a lot, some, or very little?"

The militarySmall business

The policeThe church

BanksSupreme CourtPublic schools

Medical systemThe presidencyTelevision news

NewspapersCriminal justice

Organized laborBig business

HMOsCongress

0 10 20 30 40 50 60 70 80

Percent responding "great deal" or "quite a lot"

Confidence in government institutions is comparatively low.

Congressional Approval, 1974-2006

1974

19

75

1976

19

78

1986

19

90

1992

19

94

1995

19

96

1997

19

98

1999

20

00

2001

20

02

2003

20

04

2005

20

06

10

20

30

40

50

60

70

80

90

Perc

ent r

espo

ndin

g "a

ppro

ve"

“Do you approve or disapprove of the way Congress is handling its job?”

Americans are far more

favorable towards

their own member of Congress

Party Leadership in Congress Overview

• After legislative election (every 2 years), the party with the most representatives is the “majority” party – Significance: majority party holds the most sign. Leadership positions and the

majority of seats in committees• Political parties are very important in the basic organization of leadership

and member’s voting in the House and Senate• Overview of leadership positions:• Speaker of the House (House of Reps) – Paul Ryan• Majority leader (House and Senate) • Minority leader (House and Senate)• Party whips (House and Senate)• President pro-tempore (Senate)• President of the Senate (Senate)-p.300 for roles of leadership

- Currently the 111th Congress January 2009- January 2011 Democrats

Party Structure in the HouseParty Structure in the House House HouseSpeaker of the HouseSpeaker of the House is most impt leader of majority party and presides over House is most impt leader of majority party and presides over House

(once all powerful until revolt in 1910) – voted for by majority party, senior (once all powerful until revolt in 1910) – voted for by majority party, senior member w/ leadership expmember w/ leadership exp

Presides over meetings Presides over meetings Recognizes members to speakRecognizes members to speak Appoints members to select & conference committeesAppoints members to select & conference committees Directs business on the floorDirects business on the floor Assigns bills to committeesAssigns bills to committees Exercises behind the scenes influence over Exercises behind the scenes influence over

party membersparty members 33rdrd in line for succession in line for succession Usually one votes in case of a tieUsually one votes in case of a tie

Majority leader and minority leaderMajority leader and minority leader: floor leaders, schedules bills, rounds up : floor leaders, schedules bills, rounds up votes for party favors, stepping stone to Speaker position, spokesperson for votes for party favors, stepping stone to Speaker position, spokesperson for minority partyminority party

Party whipsParty whips keep leaders informed (go betweens for leaders and members), keep leaders informed (go betweens for leaders and members), round up votes of party members, pressure members to support leadership, round up votes of party members, pressure members to support leadership, inform members of important billsinform members of important bills

Committee assignments and legislative schedule are set by each partyCommittee assignments and legislative schedule are set by each party

Senate Party Leadership

• President of the Senate is the Vice President of U.S. (rarely present, only votes in ties) – symbolic office

• President pro tempore presides; this is the member with most seniority in majority party (a largely honorific office, no real powers)

• Real leaders are the *majority leader and the minority leader, elected by their respective party members – first Senator heard on the floor, determines Senate agenda, influences committee assignments

• Party whips: keep leaders informed, round up votes, count noses• Each party has a policy committee: schedules Senate business, prioritizes bills• Committee assignments are handled by a group of Senators, each for their own party

Committees REAL work of Congress

Bills are worked out or killed in committees Investigate problems and oversee the executive branch

Four types of committees: 1) Standing Committees (*legislation)

Most important, basically permanent, handle bills in diff. policy areas, only comm. to propose legislation by reporting a bill to full House (Senate-16, House-19) *Most important: Ways and Means (taxes), Senate judiciary, Rules Committee

2) Select Committees (*special, temporary issues) Formed for specific purposes, temporary (but may become standing committees),

sometimes produce legislation Ex. Investigated Watergate scandal

3) Joint Committees (*joint special issues) Select comm. consisting of members from both House and Senate, conduct business between houses, help focus public attention on major issues, oversee institutions , investigations

4) Conference Committees (*compromise bill) Consist of members from houses, hammer out differences between House and Senate versions of

similar bills, make a compromise bill to be sent back to each house for approval 1995-1996 (104th Congress, Republicans) reformed # of committees (reduced from

252-198), term limits on committee chairmen (6 yrs) Each member of House serves on 1-2 standing committees (unless limited to one of

exclusive); Senators may serve on two major committees (average – 7 subcommittees) and one minor committee

Committee Membership Chairman and majority of each standing committee comes

from majority party with a minority of minority party members (try to be proportionate to Congressional party split)

Assignments are based on personal and political qualities of the member, region, reelection help Members from safe districts (elected with more than 55% of the vote,

guaranteed reelection) can be on an important committee that helps the nation and public welfare, while marginal districts (elected with less than 55% of vote, reelection is not secure) need committees that suit the need of constituents (ex. Kansas rep on Agricultural committee)

Method of committee membership: Each party has a Committee on Committees Speaker of the House selects Select and Conference Committee

members (powerful!)

Committee Chairmen (House)• Powerful – decides what is on the committee

agenda– 1910 House Revolt transferred power to chairmen

and away from Speaker of the House– 1910-1970 Chairmen chosen by seniority system

• Member with the longest continuous service of majority party on committee is placed automatically as chair

– 1970 reform – secret ballots of majority members elected chairmen, may only chair 1 committee, committee meetings usually public, increased staff size for all

• Before 1970s, work was done primarily by chairmen behind closed doors

• Reforms gave more rights to members, especially with little seniority• Took away extreme power of chairmen, but still very powerful• In practice, most chairmen are still senior members

– 1995 Republican Reforms – 6 year term limits by House chairmen

Functions of Committees Proposed bills are assigned to specific committees, the comm. Controls the life or

death of the bill 11,000 bills are introduced in each 2 year session, committees wean the bad

bills out Pigeonholed – when a bill is put aside in a committee for possible future

consideration majority of bills are forgotten forever and never make it out of committee

Those approved move to subcommittees who hold hearings over bill – supporters and critics of the bill appear at hearings and are questioned by subcomm.

Bill is then marked up (changed or rewritten) and returned to full committee where more alterations may be made

Sent to Rules Committee (House – decides on rules for the bill, may be amended by members, amount of debate) or straight to floor (Senate)

A Bill’s Destiny:

Option 1:Killed by committee or chair (not considered)

Option 2:Pigeonholed (temporarily put aside for future consideration)

Option 3: Sent to subcommittee for further consideration

How a bill becomes a law• Bill must be introduced by a member of Congress• Bill is referred to a committee for consideration (amendments, thrown out or

pigeonholed)– May be referred to multiple committees (multiple referral) or parts

(sequential referral)• Revenue bills (tax reforms) must originate in the House• Most bills die in committee

– Full House or Senate may use discharge petition to get a bill out of committee (218 mem)

• Some sent to subcommittee to hold hearings (individuals, interest groups, Congressional members speak for/against inform, public support)

• After hearings and mark-up sessions, the committee reports a bill out to the House or Senate

• Bill must be placed on a calendar to come for a vote before either House• House Rules Committee sets the rules for consideration (open vs. closed debate,

time limits set in House)• Senate has unlimited debate

– filibuster – unlimited debate, used to eliminate a bill; more commonly used today due to double tracking – disputed bill is shelved and business continues

– Filibuster may be ended by a cloture – vote to end debate, 60 senators, must be bipartisan agreement

– Longest filibusters: Strom Thurmond (24 hours continuously), team of senators- 57 days for Civil Rights Act of 1964

How a Bill becomes a law (Contd)• Bills are debated on the floor of the House or Senate

– Quorum required – minimum number of members present in House to conduct business (100 members for the Committee of the Whole which is led by a comm. Chairmen and is debated by members and amended; 218 for House to vote)

– Open v. closed in House – Amendments must be germane (relevant) to bill in House– Riders – provisions attached to a bill that is not germane to the bill’s purpose in order to

get a legislator’s “pet project” passed many riders on a bill = “Christmas tree bill” – allowed in Senate

• If there are major differences in the bill as passed by the House and Senate, a conference committee is appointed compromise bill revote

• The bill goes to the president• The president may sign it or veto it (president’s check)

– Pocket veto – bill given to President 10 days before end of Congress session• If the president vetoes it, it returns to house of origin• Both houses must support the bill, with a two-thirds vote, in order to override the

president’s veto• If a bill does not go through entire process within life of 2 year Congress, must be

reintroduced completely next Congress

Founders made the process long, cautious, and deliberate so that many people could consider and approve of a change-efficiency and haste is the hallmark to oppressive government

Methods of voting• Voice vote

– Shout “yea” or “nay”• Division (standing) vote

– Members stand to be counted• Teller vote

– Members file past the clerk, first the “yeas” and then the “nays”• Roll-call vote

– Call members names to vote, recorded• Electronic vote

– Roll call vote that permits members to insert plastic card into slot (House), recorded

– Vote appears on a “score board” marquee

Resolutions• Congress also passes 3 types of resolutions• Simple Resolution

– Either House or Senate– Establishes rules, regulations or practices– Does not have force of law, not signed by president– Ex. Setting a rule, congratulating someone

• Concurrent Resolution– Comes from both houses– Settles housekeeping and procedural matters affecting both Houses– Not signed by president, no force of law

• Joint Resolution– Requires approval of both houses, signed by president– Force of law– Passed when Congress react to an important issue that needs immediate

attention– Ex. After 9/11 attacks, joint resolution condemning attacks and allowing Bush

to take preliminary military action

Criticisms of Congress Pork barrel legislation and Earmarks

Bills that give benefits to constituents (local bridges and highways) in hope of gaining votes rather than welfare of entire nation

Federal money being wasted? 2005 Consolidated Appropriations Act – funded 11,000 projects (hall of

fames, theme parks) Logrolling

Members of Congress support another member’s pet projects in return for support of his or her own project, esp. pork barrel

“You scratch my back, I’ll scratch yours” Abusing franking privilege Special interest group influences Inefficiency – Gridlock Term limits needed?

Members become unresponsive to their constituents but expertise needed?

Congressional Caucuses• Caucus: informal groupings of members of Congress sharing the same

interests of point of view– created to advocate a political ideology or a regional or economic interest– Goal: to shape agenda of Congress by elevating their issue – Functions: press for committees to hold hearings and organize votes

on bill in their favor• Intra-party caucuses: members share a similar ideology (Democratic

study group) • Personal interest caucuses: members share a common interest in an

issue (environment, arts)• Constituency caucuses: established to represent groups (race and

gender), regions or both (Congressional Black Caucus, Vietnam Veterans, Congressional Women’s caucus)

Congressional Staff Growth of staff from 1930-2000

Constituency service is a major task of members’ staff, many control local offices

Legislative functions of professional staff include devising proposals, negotiating agreements, organizing hearings, and meeting with lobbyists and administrators, scheduling member’s time, dealing with media

Members’ staff consider themselves advocates of their employers

# of staffers have increased drastically over years (over 30,000 staffers; Senators average 30; House = 15)

Functioning differences

House of Representatives• Germane amendments only

(relevant to the bill)• Rules Committee, limited

debate• Formal rules due to size• Gerrymandering and

malapportionment

senate• Non-germane riders• No Rules Committee• Filibuster- unlimited debate• Less formal due to small

size• No gerrymandering of

malapportionment due to not having a district