• Is Congress viewed in
a positive light?
Congressional Elections 2014
U.S. Senate
U.S. House
Dem.
188
Rep.
247
Ind.
TOTAL
Dem.
44
Rep.
54
Ind.
2
TOTAL
100
UNDECIDED
0
0
435
Characteristics of the 113th
Congress, 2013–2015
• Section 1
1. Congress = bicameral
•
•
• Section 2…House of
Reps =
1. Representatives
a) elected every ___ yrs
b) voted by
___________ election
in the states
c) Qualifications
1. must be _____ yrs old
2. must reside in state in
which you are selected
(Hillary Clinton)
3. Citizen for 7 years
• Section 3…Senate = __________ House
1. Senators
b) are elected every ___ years
c) voted by _____________ election in the states (17th Amend )
d) Qualifications
1. must be ____ years old…(?)
2. must reside in state in which you are selected (Hillary Clinton)
3. Must be a citizen for 9 years
2. Paragraph 2…Senate Classes
a) 3 Senate Classes exist
1. about _____(think #) Senators are in each class (more on this)
3. President of the Senate = _______________________
a) what powers does he have?
4. Powers just for the Senate?
a)
Differences between the House and
the Senate
FRQ
• Identify the part of the national govt that
was originally most closely tied to the
citizens and explain how it was tied to the
citizens.
– House most closely tied to the citizens bc: members of house
are more directly elected than president and were originally more
directly elected than Senate
– Shorter term length makes them more responsible to
people
– Members must live in state they represent
– Represent relatively small districts
• Lawmaking!
• Overseeing
implementation
of laws
• Representing
and serving
constituents
The Representation Function
• Rep includes
constituents’ interests
and national interests
• Trustee View (attitudinal
view):
– Reps should act as
trustees of broad interests
of society
• Delegate View
(representational view) –
– should mirror views of
majority of constituents
who elected them
• Politico Model-mix of
delegate and trustee
model
The Representation Function
• FRQ-
Explain why a
member of Congress
might sometimes act
as a trustee
(attitudinal view)
rather than a delegate
(representational
view)
Service to Constituents
• Congress expected to
act as broker btwn
citizens & faceless
fed govt
• Spend time on
casework activities
• FRQ-how does
casework affect
members’ attention to
legislation
Oversight Function
Oversight of bureaucracy
(executive agencies)
Done by ..
– holding committee hearings
• Banking Committee on
Whitewater hearings
• Select Committee on
Campaign activities for
campaign abuses
• Select Senate Watergate
committee
• Select Iran-Contra Committee
– investigations, changing
size of agency’s budget
– and questioning heads of
agencies
Public-Education Function
• Educating public is
function performed
when Congress holds
public hearings,
exercises oversight,
engages in committee
or floor debate
• Agenda sets by
deciding what issues
will come up for
discussion and
decision
Conflict-Resolution Function
• Congress seen as
institution for
resolving conflicts in
America
• Organized interest
groups view
Congress as
institution to hear
grievances and
provide help
Congressional Elections
• Run by state govts
• Must conform to
constitutional rules
and by federal laws
• Number of reps is
recalculated every 10
years by census
• 17th Amend =
change?
– Senators pop vote
Congressional Campaigns
• Very Expen$ive
• Average Cost?
– Senate = 10.2 mil
– HOR = 1.5 ml
Presidential “Coattails”
• Congressional
candidates hope
strong presidential
candidates will have
“coattails” which will
sweep in senators
and reps from same
party
Incumbents Re-elected to
Congress
Win 90% of time today
•
•
•
•
•
•
Why are Incumbents RePerks of Office Elected?
– Staff, Franking, Travel
Expenses
Visibility and Name
Recognition
Money and Experience
Incumbents receive more
campaign contributions
than challengers
Can provide important
services for individual
voters
Safe districts
Candidate
Status
U.S. House
U.S. Senate
Incumbents
$456,859,509
$223,964,295
Challengers
$112,498,172
$79,852,117
Open-Seat
Candidates
$127,051,491
$238,890,389
TOTAL
$696,409,172
$542,706,801
Congressional Reapportionment
• Reapportionment =
– reallocation of seats in HOR to each state
after Census.
• Why is reapportionment important to
states?
– Reapportionment increases or decreases number of
seats a state has in the House (NOT the senate)
– More reps mean the state has more influence and
– reapportionment increases or decreases a state’s
number of electoral votes (giving it more influence in
presidential elections)
Congressional Apportionment
Redistricting
• Redistricting =
– redrawing of boundaries of (house)
congressional districts within each state
– Drawn by state legislatures
Baker v. Carr
1962
• Facts: Charles Baker, TN citizens, sued Secretary of
State of TN, Joe Carr – Tennessee had not redistricted
in 60 years (since 1901)
– More people were living in the cities but no
redistricting
– Tennessee constitution said it had to occur every 10
years
• Issue:
– Baker argued violation of equal protection of laws
(vote didn’t count as much as rural vote)
– State argued it was a political question (not a judicial
question)
Baker v. Carr Decision
• Case was justiciable –
defined difference
between what was
justiciable and what was
political
• Political ??– if raises an
issue whose
determination is clearly
committed by the
Constitution to another
branch of the federal govt
rather than the judiciary.
Many issues concerning
impeachment fall into this
category.
Baker v. Carr Decision
• Holding?? One person –
One vote: people had to
have an equal weight in
deciding apportionment of
Congress
– Equal populations in
districts
• States had to redistrict,
must make good faith
effort to achieve “precise
mathematical equality”
• Problem?
– Said nothing about HOW
district lines are to be
drawn
Gerrymandering
• Gerrymandering =
drawing of leg. District
boundary lines to
obtain partisan
advantage; when
shape is manipulated
by dominant party in
state legislature to
maximize electoral
strength at expense
of minority party
Gerrymandering
Goals of politicians?
– Enhance political party
strength or minimize
strength of opposing party
– Protect
incumbents/discourage
challengers
– Increase majority
rep/decrease minority
representation
– AND Cracking/Packing
Redistricting/Gerrymandering
• Packing =
– pack voters
supporting the
opposing party’s
supporters into as
few districts as
possible
• Cracking=
– crack the opposing
party’s supporters
into diff districts
Nonpartisan Redistricting
Davis v. Bandemer
SC = partisan
gerrymandering
cases – nearly
impossible to
win
Racial Gerrymandering
• Early 90s fed govt
encouraged
gerrymandering that
helped election of
minorities
• Miller v. Johnson –
SC held creating
districts based on
race or ethnicity alone
violates EP Clause
• SC’s recent stance?
Supreme Court &
Congressional Redistricting
1. Districts must be
equally populated
2. Redistricting cannot
dilute minority voting
strength
3. District lines cannot
be drawn solely
based on race
Section 8
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
create and collect taxes, duties, imposts and excises
pay debts
provide defense and general welfare
borrow money
regulate commerce
create rules for naturalization…
create rules for bankruptcies
coin money
establish post offices
post roads
granting patents and copyrights
DECLARE WAR
TO RAISE AND SUPPORT ARMIES
TO PROVIDE AND MAINTAIN A NAVY
to call militias (national guard) to uphold the Constitution
use the national guard to suppress insurrections and invasions
To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this Constitution
in the Government of the United States, or in any Department or Officer thereof
17. To make all Laws which shall be
necessary and proper for carrying into
Execution the foregoing Powers, and all
other Powers vested by this Constitution
in the Government of the United States,
or in any Department or Officer thereof
Powers of Congress Amendments
16th Amendment – Can levy an income tax
20th & 25th Amendments – determine who
will be acting president in case of death or
incapacity of President or VP
Specific Powers
• House – originates
bills for raising
revenue ($$$ bills
must start in the
house)
• Senate – has power
to advise the
president on and
consent to,
presidential
appointments
(including SC
Justices,
Ambassadors etc)
and Treaties
Limits on Congressional
Power
• Writ of habeas corpus – tell why being held and
start trial proceedings
– Can suspend if invasion or rebellion
• Ex post facto – makes an act illegal after
someone did it
• Bills of attainder – punishing someone without a
trial
• Titles – Knight, etc.
Perks & Privileges
• Franking =
– Permits mailing of
newsletters,
correspondence to
constituents
– Annual cost of
congressional mail
peaked at $70 mil
– Today franking budget
less than $10 mil
• Professional Staff
=about 15k personal and
committee staff
Privileges & Immunities
• Article I, Section 6:
privileged from arrest
except in cases of
Treason, Felony and
Breach of Peace
• “Speech & Debate”
Clause =
– Means that member may
make any statements in
connection with official
duty and not be sued for
libel or slander
Congressional Caucuses
• All members are
members of 1 or more
caucuses
• For devising
legislative strategy
• Try to influence
colleagues
• Share information –
research their
interests
Types of Caucuses
• Party Affiliation
• Personal Interest
• Based on Constituencies – National, State,
Regional
Caucus Examples
• Black Caucus
• Interstate 69 Caucus
– Want a highway from
Michigan to Texas to help with
North Atlantic Trade
Agreement between Canada,
US, and Mexico
• Hispanic Caucus
• Prayer Caucus – all faiths
• French Caucus – improve
relations with France
• Gaming Caucus –
gambling
• Healthcare Caucus
Examples Cont.
•
•
•
•
•
•
•
•
•
•
Blue Dogs – Conservative Democrats
Bike Caucus – safe bike riding and Motorcycle Caucus
Friends of Canada – border security, tourism, energy
Shellfish Caucus – wildlife, fisheries, oceans
Small Brewers Caucus – beer and Bourbon Caucus
Soccer Caucus/Hockey Caucus
Zoo and Aquarium Caucus
Baby Caucus
Musicians Caucus and Songwriters Caucus
House Freedom Caucus (illuminati caucus)
Examples Cont.
•
•
•
•
•
•
•
American Sikh Caucus
Bipartisan Disabilities Caucus
Bipartisan Pro-Life Caucus
Autism Research and Education Caucus
Job Creater’s Caucus
Military Mental Health Caucus
Organ and Tissue Donation Awareness
Caucus
• Rural Caucus
• Victim’s Rights Caucus
• Laws are not
amendments…
– Not permanent
• Can be removed
• Can Expire
– http://www.yout
ube.com/watch
?v=x4ND1tBsM
w0
• Proposed in House (or
Senate) (except $$ bills)
– Studied, discussed, rewritten in
House Committee
• Sent to full chamber &
scheduled for debate
– By Rules Comm in HOR
(and leadership in the
Senate)
• Voted by House
– Needs simple majority…
• Goes to Senate
– Goes to Senate Committee
– If contains diff provisions a
Conference Comm is
formed to write a
compromise bill, which
must be approved by both
chambers
• Voted by Senate
– Needs simple majority…
• Needs to be identical bill
• Joint Resolution – differs
little from a bill
• Given to President to
sign
• He can either (3)
– Sign it
– Veto it
– Sit on it
• Congress can override
his veto (check to his
power) with 2/3rd vote
– Rare though
Committee Structure
• Committee system =
– Way to provide for
specialization, or a
division of legislative
labor
– “little legislatures” =
usually have final say
on piece of legislation
(exception = discharge
petition)
Types of Committees
• Standing Committees – permanent subject
matter committees
– Most important – spending
• Appropriations
• Ways and Means (House)
• Select Committees – temporary – specific
issue
• Joint Committees – Both chambers of
Congress
– Library of Congress, Economy, Taxing, Printing
• Conference Committees – Same wording on
law
Standing Committees
• Permanent comm. in
the House or Senate,
considers bills within
a certain subject area
(perm subject matter
comm.)
• Most standing comm
have subcomm
– 113th Congress had 70
subcomm in Senate
and 104 in HOR
• Most important = $$
– Appropriations (both)
• Standing
committees oversee
the bureaucracy’s
implementation of
legislation
• Committee system
more important in
HOR bc House
bigger
See table from 11-5 book
Other Committees
• Select Comm =
– temporary and for specific
purpose
• Joint Comm =
– Sen + HOR, may be temp
or perm
• Conference Comm
– Special joint comm, to
achieve agreement btwn
HOR and Senate on
same wording for law
• House Rules Comm
pwrful, sets time limit on
debates etc
Selection of Committee
Members
• Members are appt to
standing comms by the
steering comm of their party.
• Seniority System
– Custom in both chamber
where senior member of
majority party gets
preference for comm
chairperson
• Safe seats
– Members who are continually
reelected, would eventually
become chairs
Selection of Committee
Members
• Party leadership influences the
legislative process:
– Assignment of members
to committees
– Assignment of committee
chairs
– Scheduling
– Agenda-setting (rules
committee)
– Leadership use of media
– Recognition on the floor
– Leadership control of
electoral support
• Proposed in House (or
Senate) (except $$ bills)
– Studied, discussed, rewritten in
House Committee
• Sent to full chamber &
scheduled for debate
– By Rules Comm in HOR
(and leadership in the
Senate)
• Voted by House
– Needs simple majority…
House vs. Senate -- Debate
• HOR bigger, formal
rules to control
agenda and debate
• For each law Rules
Comm. propose a
Rule for debate (very
specific)
• Senate rules
governing debate less
restrictive, for law to
reach the floor, body
must have approved
rules of debate by
Unanimous Consent
Agreement –entire
body agrees to rules
of debate
• Filibuster
• Cloture – used to end
Filibuster & bring bill to vote
Leadership
Majority Party Controls
• House of Representatives
–
–
–
–
Speaker of the House
Majority Leader: Get party policy passed
Minority Leader: Coordinates party policy
Whips: Communicate with party members – try to get their vote
• Senate
– Vice President: Leader
– President Pro Tempore: Preside over meetings
– Majority and Minority Leader – most power (with whips)
• Get legislation passed
• Assign committees
Speaker of the House
• Presiding officer in HOR, member of
majority party, most pwrful member
of HOR
• Formal Pwrs?
– Presiding over meetings
– Appointing members of joint
comms and conference comms
– Scheduling legislation for floor
action
– Deciding points of order and
interpreting rules
– Referring bills and resolutions to
appropriate standing comms of
the House
Majority Leader
• Majority Leader of the
House =
– Elected by caucus of
majority party
– Acts as spokesperson
for party
– Works with Speaker
and other party
leaders to formulate
party’s legislative
program
Minority Leader
• Minority Leader
– Candidate nominated for
Speaker by caucus of the
minority party
– Works for cohension
among party and speaks
on behalf of president if
minority party controls the
white house
• Whips =
– Member of congress who
aids major or minor leader
of House or Senate
Senate Leadership (Ceremonial)
• Constitution =
– VP of USA is Pres of
Senate and tie breaker
– Rarely present for
meetings
• President Pro
Tempore
– Elected by Senate
– Usually member of
majority party with
longest term of service
– Ceremonial
– Jr Senators take turns
presiding over Senate
Senate Leadership (Real)
• Senate Majority Ldr=
– Chief spokesperson of
majority party, directs
leg program & strategy
• Senate Min. Ldr=
– Commands minority
party’s opposition to
policies of majority
party, direct leg.
program and party
strategy
Conservative Coalition
• Cons Coalition =
– Voting bloc of
conservative Dems &
Rep.
– Today, most southern
conservatives are
Rep.
• Blue Dog Dems=
– Members from more
moderate states who
sometimes cross over
to vote with Rep
• Since 1980’s,
Republican Party
Platform increasingly
influenced by
evangelical Christians
Polarization
• Define?
– strong divisions
between groups of
people over beliefs.
• Causes of
polarization in
Congress?
Effects of Polarization?
• Lack of Compromise
& Gridlock
– (eg fewer laws
passed; confirmation
process becomes
more difficult;
filibuster; greater
numbers of vacancies
in courts and
agencies)
Divided Government
• Divided Govt=
– Presidency & 1 or more house of Congress
controlled by diff political parties
• Problems with DG?
– Legislation
– SC Appointments or
– Anything that involves Congress & Pres
– Congress very polarized
– “Crossing Over” - when party members votes
against their party
Logrolling
• offering to support a
fellow member’s bill in
exchange for that
member’s promise to
support your bill in the
future
• FRQ – How does
reciprocity & logrolling
influence the
legislative process?
Logrolling, Earmarks & Pork
• Earmark/Pork=
– Funding specifically
designated for a
named project in
member’s state or
district
Pork Barrel Legislation
• $3.1 million for upgrades to a boat owned by the New
York State Museum. The boat dates back to 1921 and
was originally used in canals.
• $550,000 for a skateboard park in Pawtucket, R.I.
• $725,000 for Please Touch Museum, Philadelphia
• $1 million for grizzly bear DNA sampling project,
Montana
• $90,000 for National Cowgirl Museum, Texas
• $405,00 for Civil War Theme Park, Kentucky
• $280,000 for Asparagus Study, Washington
Pork Barrel Legislation
•
•
•
•
•
•
•
•
•
•
•
•
•
•
$107,000 to study the sex life of the Japanese quail.
$1.2 million to study the breeding habits of the woodchuck.
$150,000 to study the Hatfield-McCoy feud.
$84,000 to find out why people fall in love.
$19 million to examine gas emissions from cow flatulence.
$144,000 to see if pigeons follow human economic laws.
$219,000 to teach college students how to watch television.
$2 million to construct an ancient Hawaiian canoe.
$20 million for a demonstration project to build wooden bridges.
$160,000 to study if you can hex an opponent by drawing an X on his
chest.
$800,000 for a restroom on Mt. McKinley.
$100,000 to study how to avoid falling spacecraft.
$1 million to preserve a sewer in Trenton, NJ, as a historic monument.
$57,000 spent by the Executive Branch for gold-embossed playing
cards on Air Force Two.
Agencies to Help Congress
• Congressional Research Service (1914)
– Provide legal and policy information for laws – part of Library of
Congress
– 600 employees – $107 million budget
• Government Accountability Office
– Investigate spending of government and make suggestions for
efficiency
– Uncover wasted spending “Taxpayer’s Friend”
– Created by Budget and Accounting Act 1921
– Led by Comptroller of US – 15 year term – appointed by President
• Congressional Budget Office
– Provides budget and economic information
– 235 employees - $47 million budget
– Created by Budget and Impoundment Control Act - Nixon
How is Federal Budget made
and approved?
How to Spend the Money
• President proposes spending: Executive Budget
– Prepared by Office of Management and Budget (OMB)
– Each department prepares their money requests
– Budget and Impoundment Control Act 1974 – ended
President’s right to impound money (used to be able to not
spend what Congress had appropriated for programs)
– Starts preparing 18 months before due date
• 9 months before due date – President gives proposal
to Congress (January to May); September – second read
• Appropriations authorized by Congress
• Budget passed by October 1
Budget
• Budget & Impoundment Control Act =
– required president to spend funds Congress had
appropriated
– Passed by Congress to regain pwr previously
lost to exec branch
• Fiscal year (FY) cycle =
– runs from Oct 1, 2015-Sept. 20, 2016
– 18 months before start of FY, executive branch
begins preparing budget, must be completed by?
– OMB (very pwrful) outlines the budget and sends
to various depts. and agencies
Budget & Congress
• Jan, Pres takes OMB’s proposed budget and submits to
Congress
• First Budget Resolution =
– Scheduled to be passed in May, sets overall revenue
goals and spending targets
• Congress must give authorization for funds to be spent
• Appropriation of funds when final bill passed
• Second Budget Resolution = sets binding limits
• Continuing Resolution = in each FY that starts without a
budget, every agency operates on basis of continuing
resolution which enables agency to continue its present
function with funding equal to that of the previous year
Section 8
• 2. Paragraph 3…How the #
of Reps is determined
a) # of Reps in each state
determined by ____________
•
•
•
b) Representation #’s
recalculated every _____
years…(?)
• 3. House of Reps choose
_______________________,
which is the top position in
the House of Reps
• 4. House has sole power
of…
a)
b)