Chapter 11 Congress: Balancing National Goals and Local Interest 2003 Congress faced the reality of a ballooning federal deficit that was the product of a slow economy, steep tax cuts, increased spending on social services, and the rising costs of military operations abroad. The appropriations (spending) bill that was forged in Congress contained more than $20 Billion worth of new spending on Pork – Barrel projects. For Example, $50 Million was designated for construction of a rain forest exhibit in the state of Iowa. The bill was sponsored by Senator Charles Grassley, a Republican with a reputation for fiscal conservatism. He argued that the rain forest project would be good for Iowa and good for the country. This story illustrates the dual nature of Congress: it is both a lawmaking institution for the country and a representative assembly for states and districts. Members of Congress have both an individual duty to serve the interests of their separate constituencies and a collective duty to protect the interest of the nation as a whole. Chapter 11 Main Ideas Congressional elections tend to have a strong local orientation and tend to favor incumbents. Congress is organized in part along political party lines; its collective leadership is provided by party leaders of the House of Representatives and the Senate. The work of Congress is done mainly through its committees and subcommittees, each of which has its leader (a chairperson) and its policy jurisdiction. Congress is limited by the lack of direction and organization usually necessary for the development of comprehensive national policies. Congress looks to the president to initiate most broad policy programs but has a substantial influence on the timing and content of those programs. Congress’s policymaking role is based on three major functions: lawmaking, representation, and oversight. Congress As A Career: Election To Congress Early Congress: Nearly ½ the seats changed hands regularly. Most members left voluntarily (travel problems). National Government was not the center of power and politics. Modern Congress: Most members of Congress are professional politicians. Salaries are reasonably good ($150,000 / year). Prestige of their office is substantial (especially the Senate). A long career is the goal of most members (re-election is of highest priority). Using Incumbency To Stay In Congress Incumbent – holder of a public office. Incumbents have a high probability of being reelected (95% of House / 90% Senate). The reason is that many congressional districts and a few states are so lopsidedly Democratic or Republican that the candidate of the weaker party has little or no realistic chance of victory. An incumbent promotes his or her reelection prospects by catering to the constituency: the body of citizens eligible to vote in their state or district. Incumbent Advantages 1. Pork Barrel Projects – Laws whose tangible benefits are targeted at a particular legislators constituency. Ex. - Special projects for a particular locale (highways / hospitals) 2. Service Strategies – Each House member receives an office allowance of $750,000 / year, which supports a personal staff of fifteen to twenty full-time staff members. These Congressional staffers spend most of their time not on legislative matters but on constituency service and public relations – things that pay off on election day. 3. Campaign Funds – Incumbents have a decided advantage when it comes to raising campaign funds. Price of Victory: House more than $1 Million. Senate - up to $15 Million. The Pitfalls of Incumbency 1. Troublesome Issues - Disruptive issues are a potential threat to incumbents. Most elections are not waged in the context of such issues, but when they exist, incumbents are at greater risk. (economic and social conditions) 2. Personal Misconduct – Members of Congress can fall prey to scandal. Democratic Rep. Gary Condit – Romantically linked to Chandra Levy who was missing and later found dead. Condit was defeated. The Pitfalls of Incumbency 3. Redistricting: A Problem for House Members Every ten years, after each population census, the 435 seats in the House are reallocated among the states in proportion to their population. This process in called reapportionment. The responsibility for redrawing House election districts after a reapportionment – a process called redistricting – rests with the State governments. States are required by law to make their districts as nearly equal in population as possible. Gerrymandering – the process by which the party in power draws election district lines in a way that is to the advantages of its candidates. Constitutional Requirements for Serving In Congress Representatives Senators “No person shall be a Representative who shall not have attained to the age of twentyfive years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.” “No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of the State for which he shall be chosen.” (Article 1, Section 2) (Article 1, Section 3) Congressional Leadership The Speaker of the House and the other top leaders in Congress are crucial to its operation, but unlike their counterparts in European legislatures, they cannot demand the loyalty of the members they lead. The result is an institution in which the power of the top leaders rests on the willingness of other members to support them. Party Caucus - A group that consists of a party’s members in the House and Senate and that serves to elect the party’s leadership, set political goals, and determine party strategy. (Automatic membership) Party Leaders – Members of the House or Senate who are chosen by the Democratic or Republican caucus in each chamber to represent the party’s interest in that chamber and who give some central direction to the chamber’s deliberations. The House Leadership The main party leaders in the House are the Speaker, majority party leader, majority whip, minority leader and the minority whip. The Constitution provides only for the post of Speaker. The Speaker of the House is to be elected by the members of the House. In practice, this means that the Speaker will be a member of the majority party, because it has enough votes to ensure that one of its own members is chosen. Speaker’s Formal Powers 1. 2. 3. 4. Right to speak first on legislation during debate. Controls the power to recognize speakers. Gives members permission to speak. Chooses the chairperson and the members of the House Rules Committee. (controls debate of bills) 5. Can delay sending bills to the floor for debate (until there is enough support for it to pass). Speakers’ Major Powers The Speaker can limit debate, influence voters because of sheer numbers, and presides over a House that carries a lesser feeling of a “chamber of equals” than the Senate. For these reasons, the Speakers’ powers are greater than those of the Senate Majority leader. The Senate Leadership In the Senate, the most important party leadership position is that of the majority leader, who heads the majority-party caucus. The majority leader’s role is much like that of the Speaker of the House in that the Senate majority leader formulates the majority party’s legislative agenda. Senate Majority Leader 1. Not the chambers presiding officer. Constitution gives that right to the Vice President. The Vice President is allowed to vote in the Senate only to break a tie. The President Pro Tempore presides over the Senate in the absence of the V.P. (Largely an honorary position held by majority party’s senior member.) The Senate Leadership 2. Has limited power because each senator has the right to speak at any length on bills. 3. Schedules bills for debate. The power of all party leaders, in the Senate and the House alike, rests largely on the trust placed in them by the members of their party. The Committee System Most of the legislative work of Congress takes place in the meetings of its thirty-five standing (permanent) committees and their numerous subcommittees, each of which is handled by a chairperson. Standing Committees – Permanent congressional committees with responsibility for a particular area of public policy. (Ex. – The Senate Foreign Relations Committee) The Committee System Select Committees – Created to perform a specific task. Senate Select Committee on Intelligence – Oversees the CIA. Joint Committees – Composed of members of both houses / performs advisory or coordinating functions. Joint Committee on the Library – oversees the largest library in the world. Conference Committee – Joint committees formed temporarily to work out differences in House and Senate versions of a particular bill. About ten thousand bills are introduced during each twoyear session of Congress. The sheer volume of legislation would paralyze the system if it did not have a division of labor. Committee Membership Each committee is made up of Democrats and Republicans, but the majority party holds the majority of seats on each committee and its subcommittee. Members of the House typically serve on two major committees and no more than five subcommittees. Each standing committee has a fixed number of members, and a committee must have a vacancy for a new member to be added. Committee Jurisdiction – The policy area in which a particular congressional committee is authorized to act. This is the major source of the committee’s power. How A Bill Becomes A Law Bill – A proposed law (legislative act) within Congress or another legislature. Many bills are prepared by executive agencies, interest groups, or other outside parties, but members of Congress also draft bills, and only they can formally submit a bill for consideration by their chamber. Committees kill more than 90% of the bills submitted in Congress. Most bills die in committee because they are of little interest to anyone other than a few members of Congress or are so poorly conceived that they lack merit. Some bills are not even supported by the members who introduce them. They only introduce them to appease a powerful constituent group, then quietly withdraw their support. Some bills are “marked up” in both the House and the Senate. That is, the bills are revised. If the majority of the committee votes to recommend passage of the bill, it is referred to the full chamber for action. The House Rules Committee then decides how long the debate will last, when the bill will be voted on and closed or open rule (amendments or no amendments). The Senate also has a rules committee, but it is less powerful. All Senate bills are subject to unlimited debate unless a three-fifths majority of the full Senate votes for cloture, which limits debate to thirty hours. Cloture is a way of thwarting a Senate filibuster, a procedural tactic whereby a minority of senators prevent a bill from coming to a vote by holding the floor and talking until other senators give in and the bill is withdrawn from consideration. Filibuster Senator Thurmond stands as the oldest and longest serving Senator in U.S. history with 48 years at the age of 100. Republican from South Carolina • Unlike the House, any senator can propose any amendment to any bill. Senate amendment proposals do not have to be germane to the bills topic. A senator may propose an antiabortion amendment to a bill dealing with defense expenditure. Such and amendment is called a rider. • Rider – An amendment to a bill that deals with an issue unrelated to the content of the bill. Conference Committees and the President • An important ingredient in Congressional action is – Party Discipline – the willingness of a party’s House or Senate members to act together as a cohesive group and exert collective control over legislation. • For a bill to pass, it must receive a simple majority (50% plus one) of the House or Senate members voting on it. To become law, however, a bill must be passed in identical form by both the House and the Senate. • Legislation that is passed by the House and the Senate is not assured of becoming law. The president also plays a role. If the president signs the bill, it becomes law – a legislative proposal that is passed by both the House and the Senate and is either signed or not vetoed by the president. If the president exercises the veto, a rejection of the bill, the bill is sent back to its originating chamber with the president’s reasons for the veto. Congress can override a veto with two-thirds vote of each chamber – bill then becomes law. • If the president fails to sign a bill within ten days (Sunday exempted) and Congress has remained in session, the bill automatically becomes law anyway. If the president fails to sign a bill within ten days and Congress has adjourned for the term, the bill does not become law. This situation is called a pocket veto. Congress’s Policy Making Role • The Framers of the Constitution expected Congress to be the leading branch of the national government. It was to be the legislature – the embodiment of representative government- that the people were expected to look to for policy leadership. • Congress’s policy making role revolves around three legislative functions: lawmaking, representation, and oversight. In practice, the three functions overlap, but they are conceptually distinct. The Lawmaking Function of Congress • Under the Constitution, Congress is granted the lawmaking function: the authority to make the laws necessary to carry out the powers granted to the national government. In other words, Congress has the power to enact legislation. • Congress is structured in a way that makes agreement on large issues difficult to obtain. Neither the House nor the Senate can enact legislation without the other’s approval, and the two chambers are hardly two versions of the same thing. • Congress is biased towards blocking legislation rather than passing it. The Lawmaking Function of Congress Broad Issues • Congress often has difficulty taking the lead on broad issues of national policy. The presidency is better suited to the task of addressing broad issues. First, whereas Congress’s authority is divided, the presidency’s authority is not. Executive power is vested constitutionally in the hands of a single individual – the president. • Most of the legislation passed by Congress is “distributive” – that is, it distributes benefits to a particular group while spreading the costs among the general public. Veterans’ benefits and business tax incentives are examples. Such legislation, because it directly benefits a constituent group or special interest group, is the type of policy that members of Congress are most inclined to support. The Representation Function of Congress • Representation Function – The responsibility of a legislature to represent various interests in society. • A recurrent issue has been whether the primary concern of a representative should be the interest of the nation as a whole or those of his or her own constituency. • Logrolling – the trading of votes between legislators so that each gets what he or she most wants. • However, partisanship is the main source of division within Congress. Real and substantial differences between members of the two parties often results in their voting on party lines on the opposite sides of legislative issues. In the past two decades, partyline voting has been relatively high. The Oversight Function of Congress Oversight Function – A supervisory activity of Congress that center on its constitutional responsibility see that the executive branch carries out the laws faithfully and spends appropriations properly. ** Carried out largely through the through the committee system of Congress. Examples: “Legislative Veto” - Requires that an executive agency have the approval of Congress before it can take a specified action. (Legislative vetoes are under challenge as an unconstitutional infringement on executive authority; their future is unclear). The Oversight Function of Congress Most federal programs have their funding reviewed every year. Sunset Law – A law containing a provision that fixes a date on which a program will end unless the program’s life is extended by Congress. Limit to Oversight Function Executive Privilege – The right to withhold confidential information affecting national security.