Review: Interest Groups• Primary Goal:

– Influence legislation

• How do Interest Groups Influence Legislation– Lobby/provide Info– Campaign contributions– Social functions– Litigation– Testify– Write Legislation

• Many lobbyists/CEOs former members of Congress…– Revolving Door

The Legislative BranchBernie Sanders Discusses Filibuster and Gridlock in Congress

60 Minutes: The Road to the Stock Act

Appearance of Members of Congress

• 84% are Males• Most are White– Decrease male/white rep. in Congress since

1950s…why?

• Well Educated• Most upper-middle/upper class – Senate= “The Millionaires Club”

• Average age in 50s

Article I: Congress• Virginia v. New Jersey Plans• Great Compromise: – Settled dispute over representation in Congress– Estbl. bicameral legislature…House/Senate

• Infl. By British Parliament/colonial legislatures

• Bicameral Legislature– Allows individual interests to be rep. in the House; allows

states to be rep. in the Senate– Fragments power; protects minority from majority– Slows legislative process…encourage deliberation/

compromise

Congress• House of Representatives (Lower House)– 435 Members

• How is a state’s Cong. Rep related to the Electoral College?

– 25, U.S. resident for 7 yrs, legal resident of the state– 2 year terms

• Considered “Closest” to the people…• Source of Criticism…why?

• Senate (Upper House)– 100 Members– 30, U.S. Resident for 9 yrs., legal resident of state– 6 year terms

• Why 6 year terms?• Continuous Body: Staggered terms• 17th Amendment

Article I: Congress• Expressed Powers– Article I, Section 8

– 27 specific powers granted to Congress…Limited Govt?– Legislative v. Non-legislative Powers

– Non-Leg: Declare War, Legislative/Executive Oversight– How does carry out its oversight functions?

• Implied Powers– Elastic/Necessary & Proper Clause

• Ct. Cases?• Reserved Powers– 10th Amendment (Federalism)

• Concurrent Powers– Powers shared by Federal and State Governments

Special Powers• House of Reps.– All revenue bills begin in House…why?– Bring charges of impeachment– Choose president when Electoral College

deadlocked

• Senate– Ratify Treaties (more influence on foreign policy)– Sole power to try/judge impeachment case– Confirm judicial and executive appointments

Role of Political Parties in Congress

• Parties crucial to the organization of both houses of Congress

• Advantages of the Majority Party– It Chooses the Speaker of the House– It holds all committee chair positions – It assigns bills to committees– It holds the majority on each committee– It controls the House Rules Committee– It Sets the Legislative Agenda

Organization/LeadershipHouse of Representatives• Speaker of the House

– Presides over House of Rep.– Appt. 9/13 members on Rules

Committee– 2nd in line Pres. Succession

• House Majority/Minority Leaders

• Majority/Minority Whips– Maintain close contact w/ party

members– Try to ensure party unity on key

votes (vote count)

Senate

• Vice President– President of the Senate– Only Vote if tie…

• President Pro Tem– Presides over Senate in

absence of VP

• Majority Leader– True leader of the Senate

• Minority Leader

Committee System• Importance of Committees– Both House and Senate divided into committees– Dominant role in congressional policymaking

• Standing Committees—most important – 20 in House; 16 in Senate– Permanent bodies, focus on legislation in a particular

area (i.e. foreign policy, agriculture)• Develops expertise among its members

– Bills referred to standing comm., where they can be amended, passed or killed (majority bills die in comm.)• Subcommittees

– Where majority of legislative work is done– Where bills are mainly marked up

Standing Committees

Committee System• Select—special panels, usually temporary…set to

investigate/ research issues• Ex/ Investigate Watergate

• Joint—Members of House and Senate• Similar to Select Committees; often focus public attention

on major issues

• Conference—Temporary comm. to iron out differences between versions of similar bills (b/c bills must pass House & Senate in exact same form)• No Amendments can be added when bill returned to

chambers

Special House Committees• House Rules Committee– Controlled by Speaker; called “Traffic Cop”– Set guidelines for floor debate

• Give each bill a “rule”…placing bill on calendar• Limits time for debate• Determines the type of amendments that will be allowed

– Closed rule v. Open Rule

• House Committee on Ways and Means– Has jurisdiction on all taxation, tariffs, and other revenue-raising

measures– Members of House Ways & Means can’t serve on other House

committees

Committee Chairs

• Committee Chairs: Exercise Much Power– Call meetings, schedule hearings, hire staff,

recommend majority members to sit on committees, select all subcommittee chairs

– Refer bills to subcommittees– Influence selection of Conf. Comm. members– Often receive favors from lobbyists and contributions

from PACs– Chair of House Science Committee: Lamar Smith

• Seniority Rule

Committee Members

• What types of committees might a representative or senator from Indiana want to sit on & why?

• Committees often overrepresent constituencies with the greatest stake in committee’s business– How does this contribute to the Iron Triangle?

Differences in Operation

House• More formal—stronger

leadership from Speaker• Rules Committee• Power less evenly distr.• Members are highly

specialized• Emphasize tax & revenue

policy

Senate• Less formal—weaker

leadership• Filibuster• Power more evenly distr.• Members are generalists• Emphasis on foreign policy• Longer terms—focus on

bigger picture

The Bill Process• Most important power of Congress– Lengthy, deliberate, fragmented, characterized by

negotiation and compromise

• Anyone can write a bill…Only a member of Congress can introduce bill

• A bill can be intro. in the house or the Senate, but all tax bills must originate in House of Rep.

• Bill must pass both houses in the same form to move onto the President

Schoolhouse Rock: "I'm Just A Bill"Bill Process Explained

The Bill Process: House of Reps.• Bill Introduced– Receives #/Reading…– Speaker of the House sends bill to appropriate

Standing Committee (may set time limits on comm.)

• Standing Committees…Critical Step– Often report to subcommittee…hold hearings– Most bills die in committee… PIGEONHOLED• Discharge Petition…what is it?

– Bills that receive consideration…• Bills approved by subcommittee then returned to full

comm. where members can mark up or add items to bill

The Bill Process: Standing Committee Options

• Standing Committee Options:– Report Favorably “Do Pass”– Pigeonhole/Table• Requires discharge petition

– Amend and report in new form– Report w/ unfavorable recommendation

The Bill Process: House of Reps.

• Rules Committee (HOUSE ONLY)– Once bill out of Standing Committee in the House…

sent to the Rules Committee– Speaker of the House appoints 9/13 members– Functions of Rules Comm.

• Comm. must grant a “rule” (set time for appearance/debate)…failure to do effectively kills a bill

• Restrict or loosen time limits for debate, even prohibit amendments (closed rule)

• Only way to get around Rules Comm…discharge petition/vote to suspend rules (2/3 of members)

The Bill Process: House of Reps.

• On the Floor/Debate on House Floor– 2nd Reading; Add’l. Amendments may proposed

(germane)– Majority/Minority Leaders decide how will split

time

• Voting in the House– Bill printed; read 3rd time; final vote taken…Signed

by speaker…Sent to Senate• Logrolling

The Bill Process: Senate• Mirrors house, but more informal (no rules comm.)• Referred to committee by presiding officer• After committee, bills called to floor by majority leader

(no rules committee)• Unlimited debate…ends with unanimous consent– Filibuster

• Delay or prevent action on a bill by using long speeches/unlimited debate to “talk a bill to death”

• So effective, most bills now need 60 votes…why?

– Cloture

Conference Committee & President

• Bills must pass House & Senate in exact same form• Conference Committee– Temporary joint committee…iron out diff. of two bills– After Conf. Comm.—both houses must accept or reject bill w/o

amendment

• President– May sign bill

• Or not act on it for 10 days while Cong. In session…become law

– Veto…return to house it originated• 2/3 both houses of Congress to override a veto

– Pocket Veto

Miscellaneous• Killer Amendment• Sweetener Amendment• Riders– New laws added to a bill that may or may not be

related to the subject matter of the bill…Why?– Examples?

• Earmarks/Pork Barrel Spending– Appropriations bill that benefits a specific constituency– How does this help w/ reelection?

“An earmark is money your Congressman wisely brings home to your district. Pork is money that some other Congressman wastefully brings home to his district.”

The Washington Post Analyzes Gridlock in Washington

• The legislation problem. Ultimately, you cannot have signing statements without a bill signing and there has not been much bill signing lately. According to The Washington Post: “…the 112th Congress enacted the least number of laws in modern history, fewer than 250 (some are still awaiting presidential action). At least 40 of those were trivial acts such as post office namings or commemorative resolutions.”

• The post article also points out that the 80th Congress, to which Harry Truman applied the “do nothing” label, “enacted a respectable 906 laws, including the Marshall Plan, one of the most consequential initiatives of the 20th century.”

Understanding Congress

A Dysfunctional Family or A Product of the System?

“If the president is the head of the American body politic, Congress is its gastrointestinal tract.”

–Jon Stewart

Congressional Approval Rating

Daily Show: The Red Tape Diaries

An American’s Perspective of Congress

• “Suppose you were an idiot and suppose you were a member of Congress. But I repeat myself.”—Mark Twain

• “It could probably be shown by facts and figures that there is no distinctly American criminal class except Congress.”—Mark Twain

60 Minutes: Is the U.S. Senate Broken?

Filibuster Reform?

• Identify a minimum of 5 connections between class and the video?

• Should there be limits on the current application of the filibuster?

• What do you believe is contributing to the hyper-partisanship of the times?

Colbert Examines the Filibuster

Increased Use of Filibuster

Use of Filibuster

Understanding the Polls• Why is Congress considered the most important link

between the people and government?• Polls show that currently show Congress’ job

approval rating at an average of 9%...Yet individuals members of Congress often receive much higher approval ratings from the voters in their districts. – What accounts for this trend?– Is the low approval rating deserved or is it a function of

constitutional checks?

"Fiscal Cliff"...Gridlock in Congress (Daily Show)

Party Polarization in Congress• Party Polarization

– Increased ideological consistency– Division along party lines– Worse in House than Senate…why?

• Why has polarization increased?– Clear issue differences between the parties– Increasing reliance on ideologically driven activists– Ideologically driven membership– Gerrymandering– Media effects on politics (e.g., fragmentation of traditional media;

consolidation of media ownership; media focus on ideological extremism)

Party Polarization• Why has polarization increased in Congress?

– Changing norms in Congress (e.g., lower levels of trust/dislike among members

– Direct primaries--ideological voters in congressional elections– Changing campaign finance rules– Rise of single issue interest groups – Shifts in the party (i.e., Republicans' Southern Strategy

• Affects of polarization on policy?– Gridlock & Lack of Compromise

• (e.g. fewer laws passed; confirmation processes become more difficult; filibuster; greater numbers of vacancies in courts and agencies)

Political Parties in Policy Process• Role of political parties within Congress to promote the party’s

public policy agenda: – Leadership positions in Congress are assigned on a party basis. – Party leaders articulate legislative policy priorities of the party. – Party leaders facilitate legislative policy priorities of the party. – Majority party selects committee chairs who promote the party’s legislative priorities in

committee. – Majority party appoints and controls the standing committees. – Majority party controls floor debates. – Majority party controls the rules and calendar favorable to majority party’s policy

priorities

• How has party polarization has strengthened party influence in Congress?– Members of political parties vote along party line; therefore they are less likely to cross

party lines to vote with the other party

Relationship w/ President• Attempt to work closely to shape policy• Sharing power depends on popularity of

President…why?• Less likely to go against Pres. when his approval high• As Pres. Approval ↓, Congress gets more influence

especially in domestic/national policy• Presidential Approval Rating

• Factors that create conflict– Different constituencies– Different election cycles– Different priorities/agendas– Different parties (divided government)

Mitch McConnell: Making Pres. Obama a 1 Term President60 Minutes: Divided Government 2015

Divided Government & President’s Policy Agenda

• What is Divided Government?• What tools does president have it his disposal?

– Bully Pulpit/Public approval– Compromise– Threaten Veto– Executive Order/Signing Statements– Recess Appointments

• What tools does Congress have at its disposal?• President Obama: First term initiatives halted in Congress

– Healthcare Reform Public Option →Indiv. Mandate– Closing of Guantanamo Bay →Denied Funding– Cap-and-Trade → halted in Senate (2010)

Congress & the Executive Branch• Legislative Oversight

– Review activities of executive agencies/ departments– Methods of oversight of bureaucracy:

• Set guidelines for new agencies; Reorganize agency• Hold Committee hearings/conduct investigations• Budgetary process (power of the purse) • Confirmation or rejection of political appointments to the bureaucracy • New legislation/Legislative veto

• Oversight: Foreign Policy– Pres: Comm-in-Chief v. Congress: Declare War

• War Powers Resolution

– Pres: Negotiate Treaty v. Senate: Ratify Treaties

Budget Process• Fiscal Policy

– Sources of Revenue– Discretionary v. Mandatory Spending

• President initiates budget process by submitting proposed budget to Congress – Pres. Budget prepared by Office of Management and Budget (OMB)

• OMB primary responsibility for preparing federal budget– Budget reflects priorities of president’s policy agenda

• CBO advise Congress by forecasting revenues and evaluating probable consequences of budget decisions

• President budget sent to both House and Senate Appropriations committees– Hold hearings on items

• Beginning of fiscal year..October 1

Job Approaches• Define Direct Democracy.• Define Republican form of government• Why did the founders choose a Republic?• Ways a Congressman can do their job/vote– Trustee: based on own idea of what’s best– Delegate: based on constituent’s desires– Partisan: follow party lines– Politico: balance other approaches; depends on

issues/circumstances

• Why might candidate change between approaches at times?

Influence on Decision Making• Look to a variety of sources for help/cues– Constituents: Perception of feelings (polls/media)– Colleagues: Esp. members of pertinent standing

committee• Logrolling: Tactic where leg. Trade votes/favors

– Party: loyal 80% of time (odd w/ dealignment)– President: threat of veto…– Caucuses: created to facilitate communication; provide

add.’l info• Also caucus to organize strategy

– Interest Groups/PACs– Staff: Rely on staff to provide input and opinions

Legislative Casework• Casework:

– Refers to the response or services that Members of Congress provide to constituents who request assistance.

– EX/ delayed Social Security check, a denied veteran’s claim, or a Medicare reimbursement dispute

– Usually has to do with a federal program, rule, regulation, or administrative decision resulting from the implementation of a public law.

• Affects of Casework– Diverts time, resources, and staff, thus reducing members’ ability to

focus on legislation. – Develops awareness of problems, thus focusing more time and

resources on related legislation.

Review

• Reapportionment Act of 1929• Redistricting– Single Member Districts

• Gerrymandering• Supreme Court Limits on Redistricting– Sup. Ct. has not eliminated gerrymandering for

partisan political purposes

Incumbency Advantage• Incumbency:

– Most important factor in determining outcome of elections

• Many Americans Disapprove of the Congress, yet believe their own representative deserves to be reelected…Why?– Name Recognition/Visibility/Media Access– Constituent Service/Pork Barrel Legislation– Raise $ more easily…why?– Franking Privilege– Campaign Experience– Gerrymandering

• Impact of Incumbency Advantage– Experience leaders: maintain continuity of leadership & policy– Maintain status quo; close relations with interest groups

http://thedailyshow.cc.com/videos/5pxcl5/democalypse-2014--the-race-to-continued-incumbency

Why is Incumbency Advantage Higher Among House v. Senate?

• Reps. constituents often from reps own party• Reps more likely to run uncontested• Senate races = statewide so more attention

and public awareness• Senatore more power so more hotly

contested

Reviewing Key Concepts• 113th Congress (Term--2 years)

– House: • 200 Dem. (+8) + 234 Rep. + 1 Vacant

– Senate:• 53 Dem. (+2) + 2 Ind. + 45 Rep.

• What advantages does majority party enjoy?

• How are minority rights protected in Congress?

Is Gridlock Inevitable...The Supermajority

Review• What advantages does the majority party possess in

Congress? • What role do standing committees play in the

legislative process?– Rules Committee? Conference Committee?

• Why does Congress have low approval ratings, but individual members high approval ratings?

• What’s an earmark/pork barrel spending? Examples?• What are some factors that can contribute to gridlock

b/n the executive and leg. Branches?