Congress
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FORM OF LEGISLATURE
Country
Form of Legislature
Canada
France
Germany
Great Britain
Israel
Italy
Japan
Mexico
United States
one house dominant
one house dominant
one house dominant
one house dominant
one house only
two equal houses
one house dominant
two equal houses
two equal houses
CONGRESS V. PARLIAMENT
1.
2.
3.
4.
CONGRESS COMPONENTS
US Botanic Garden
General Accounting Office
Government Printing Office
Library of Congress
Congressional Budget Office
US Capitol– Senate and House
Architect of the Capitol
US BOTANICAL GARDEN
GREENBRIER HOTEL, WEST VIRGINIA
• Congressional Districts
FORMAL QUALIFICATIONS
House
Senate
Age
25
30
Citizenship
7 years
9 years
Residence
state
state
INFORMAL QUALIFICATIONS
Party identification- mostly from 2 major parties
Name familiarity- worth money during election
Experience- incumbent often wins
Gender- predominantly male
Race- majority Caucasian
Pres can call either house or both houses
into session
During session, a house must have consent
of other to adjourn
Lasts two terms
Each term numbered consecutively
Start of new term- noon of 3rd day of Jan of
every odd numbered year
SENATE
Size
Term
Election
Vacancy
Presiding Officer
Debate
Special Powers
100 members
6 years
state legislature/directly
Governor until election
VP; President Pro Tempore
filibuster/cloture
chooses VP if no majority
sits as jury in impeachment
ratifies treaties
approves appointments
HOUSE
Size
Term
Election
Vacancy
Presiding Officer
Debate
Special Powers
435 members
2 years
directly by people
special election
Speaker of the House
germane/not germane
chooses Pres if no majority
indicts in impeachment
deals with revenue bills
FUNCTIONS OF CONGRESS
LawmakingService to constituentsRepresentationOversightPublic-educationConflict-resolution-
POWERS OF CONGRESS
ExpressedPeace
War
Implied
EXPRESSED POWERS--PEACE
To lay taxes (direct—income tax; indirect—customs, excise
To borrow money (no limit on how much and for what purposes)
To regulate foreign and interstate commerce
To establish naturalization and bankruptcy laws
To coin money and regulate its value; to regulate weights and measures
To punish counterfeiters of federal money and securities
To establish post offices and post roads (even mailbox)
To grant patents and copyrights
To create courts inferior to the Supreme Court
To define and punish piracies and felonies on the high seas; to define and
punish offenses against the law of nations
To exercise exclusive jurisdiction over District of Columbia; to exercise
exclusive control over dockyards, national parks, federal buildings and
the like
To create new states
US FLAG
1776
1777
1780
1791
1792
1794
Raising of flag for 1st time on Jan 2 (celebrating formation of
Continental Army and to taunt British in Boston)
New flag design authorized by Congress
Francis Hopkinson submits bills for his design
VT joined
KY joined
Stars for 14th and 15th state
“Blue” and “Red” States
IMPLIED POWERS
To make all laws necessary and proper for carrying into
execution the foregoing powers, such as:
To define and provide punishment for federal crimes
To establish the Federal Reserve System
To improve rivers, canals and harbors
To set minimum wage, maximum hours of work, and
weights and measures (time, distance, metric system)
EXPRESSED TO IMPLIED
Lay and collect taxes
punish tax evaders
use taxes to fund welfare
require states to meet certain conditions for
federal funds
Borrow money
establish Federal Reserve
Establish naturalization law
regulate and limit immigration
Raise armies and a navy
draft Americans into military
Regulate commerce
establish minimum wage
ban discrimination at work
pass laws protecting disabled
regulate banking
Establish post offices
prohibit mail fraud/obstruction
bar shipping of certain items through the mails
SPECIAL POWERS OF THE HOUSE
To select President if no receives majority of electoral vote
To bring impeachment charges
To originate all revenue (money) bills
SPECIAL POWERS OF THE SENATE
To select vice president if no candidate has majority of electoral
vote
To act as judge in cases of impeachment
To ratify treaties (by 2/3rds vote)
To approve presidential appointments (by majority vote)
SENATE IMPEACHMENT TRIALS
1798-1799
1804
1805
1830-1831
1862
1868
1876
1905
1912-1913
1926
1933
1936
1986
1989
1989
1998-1999
William Blount
John Pickering
Samuel Chase
James H Peck
West Humphreys
Andrew Johnson
William Belknap
Charles Swayne
Robert Archbald
George English
Harold Louderback
Halsted L Ritter
Harry E Claiboirne
Alice L Hastings
Walter L Nixon, Jr
Bill Clinton
US Senator
charges dismissed
District court judge
removed from office
SC justice
acquitted
District court judge
acquitted
District court judge
removed from office
President
acquitted
Secretary of war
acquitted
District court judge
acquitted
Commerce court judge removed from office
District court judge
charges dismissed
District court judge
removed from office
District court judge
removed from office
District court judge
removed from office
District court judge
removed from office
District court judge
removed from office
President
acquitted
EXPANSION OF CONGRESSIONAL POWER
Sherman Anti-Trust Act (limited monopolies)
Wagner Act (allow unions)
US Air Force
Interstate Highway Act
Federal Highway funds cut
EXAMPLES OF THE NANNY STATE
San Francisco
Santa Monica
New York
Pennsylvania
Oregon
forbids restaurants from offering free toy or prize; all meals must
have half-cup each of vegetables and fruit
canned soup, salt targeted
will limit amount of sweets in school; slash number of birthday
parties and holidays allowed in class
LIMITS ON POWERS OF CONGRESS
Cannot tax exports
Cannot favor ports of one state over those of others or require vessels
to pay duties in more than one state
Direct taxes must be apportioned among states according to their
populations
Indirect taxes must be levied at same rate in all parts of country
INTERACTION WITH SUPREME COURT
Constitutional Amendment
Passed in Response to . . .
11th Immunity of States from certain
suits
Chisholm v. Georgia, 1793
held that citizen could bring suit
against state
Dred Scott v. Sandford, 1857
held that African-Americans could
not qualify as citizens
Pollock v. Farmer’s Loan and Trust
Company, 1895
held that 1894 income tax law imposed
a direct tax that should have been
apportioned among several states
and was therefore unconstitutional
Oregon v. Mitchell, 1970
upheld 18-year-old provisions of Voting
Rights Act amendments of 1970 in
federal elections, but ruled them
unconstitutional in state elections
14th Citizenship, due process, equal
protection
16th power of Congress to tax incomes
26th minimum voting age no higher
than 18
DUTIES OF JOB
Legislator- make laws
Committee members- research and write bills
Representatives of constituentsServants of constituents
Politicians- win elections
TYPICAL MEMBERS’ WASHINGTON SCHEDULE
8:00 am
8:45
9:15
9:45
10:15
10:30
11:30
1:00 pm
2:30
3:15
3:45
4:30
5:30-7
6-8
6-8
6-8
8:00 pm
breakfast with former member
Budget Committee
meeting with Soybean Association
Energy and Commerce Committee markup session
radio interview by phone
reception with telecommunications officials
lunch with personal friend at Watergate Hotel
Agriculture subcommittee hearing
meeting with majority chair about possible amendments
photo op and discussion with students from district
meeting with foreign dignitary about country’s issues
briefing by commissioner of the Bureau of Labor Statistics
reception honoring AAA’s new president from constituency
fundraiser for fellow member
wine tasting reception by local wine industry
reception sponsored by Firefighter’s Association
back to Capital Hill for a vote
TYPICAL MEMBER’S AT-HOME SCHEDULE
7:30 am
8:45
9:30
10:45
12 noon
1:00 pm
2:45
4:00
5:45
6:30
7:15
8:30
business group breakfast
elementary school assembly
National Agriculture Day speech
distribute food to needy families
Community College student/faculty lunch, speech and Q&A
classroom visit at high school of a close friend’s daughter
discussion with daycare owner about federal law changes
town hall meeting
PTA speech on education issues before Congress
annual dinner at local church
local NAACP chapter meeting
business class visit at state university
KEY COMMITTEES
SENATE
HOUSE
Armed Services
Judiciary
Foreign Relations
Rules
Ways and Means
Appropriations
Steering- moves up bills on calender
SENATE RULES
Cloture
end filibuster with a 60% vote
Closed
time limit on debate
key measures only
Open
any measures from floor okay
Restrictive
only some amendments allowed
RULES
Closed- time limit on debate; key measures
(most common)
Open- permits amendments from floor; all
measures
Restrictive- only some amendments allowed
ASSIGNMENTS
Ratio of Democrats to Republicans on committees must be same as in
each house
Majority gets chair
60 Dems and 40 Reps in Senate means 60% Dems/40% Reps (or 6
Dems and 4 Reps on committees on a 10-person committee)
Vocabulary- CONGRESS TERMS 1
bicameral- two houses in legislature
unicameral- one house in legislature (NB)
marginal district- less than 55% of vote
safe district- more than 55% of vote
party polarizationpartisanshipbipartisan- party unity voting
will the senator yieldcontinuous bodylottery- the drawing of legislative offices
caseworkpagegalleryauthorizationinfluence-peddling-
HOW A BILL BECOMES A LAW 1
1. Bill introduced in House, assigned to a
committee and then a subcommittee
2. Subcommittee performs studies, holds
hearings and make revisions
3. Full committee may amend or rewrite bill
4. If approved, bill reported to full House and
calendered
HOW A BILL BECOMES A LAW 2
5. a. Rules Committee issues a rule governing
debate on the House floor
b. Senate leaders of both parties schedule
debate on the bill
6. Bill debated by full house, amendments
offered and vote taken
HOW A BILL BECOMES A LAW 3
7. Bill sent to conference committee to resolve
differences with other house (if any)
8. Full house votes on conference committee
version
9. Bill heads to President
10. President signs bill into law or uses veto;
Congress may override with 2/3rds vote
TYPES OF COMMITTEES
Standing Committees
Select Committees
Joint Committees
Conference Committees
STANDING
Most important
Permanent for most part
Shapes legislation
Have specialized subcommittees
Representatives serve on 2 committees and 4 subcommittees
Senators serve on 3 committees and 7 subcommittees
Independent in each house
SELECT
Temporary
Set up to study specific issue (hunger, crime, drugs, minorities)
Members appointed by Speaker/Senate President
Usually have direct input into legislation
Can produce legislation on their own
JOINT
Similar to joint committees
More permanent than select
Made up of both House and Senate members
Deal with specific issue and report findings
Also handles routine matters (printing, Library of Congress)
CONFERENCE
Created when House and Senate pass versions of same bill
Similar to joint committees
Made up of both House and Senate members
Most temporary
Lasts only until compromise is reached
Vocabulary- CONGRESS TERMS 2
Public billPrivate billMultiple referral- bill goes to several commitees
Sequential referral- bill goes to 1st committee, then
QuorumDischarge petition- to move bill out of committee (H)
FilibusterClotureRiderChristmas tree bill- one with many riders (not germane)
Double-trackingSenatorial courtesyResolutions-
TYPES OF RESOLUTIONS
Simple- internal matters affecting only one
house
Concurrent- requires action of both houses,
but does not need president’s signature
Joint- both houses must pass bill; has force
of law if president signs bill
FAMOUS SENATORS AND
THEIR RESPECTIVE COMMITTEES
Appropriations
Banking, Housing and Urban Affairs
Foreign Relations
Environment and public Works
Commerce, Science and Transportation
Small Business
Rules and Administration
Judiciary
Homeland Security and Governmental Affairs
Health, Education, Labor and Pensions
Joint Economic Committee
Robert Byrd WV
Chris Dodd CT
Joe Biden DE
Barbara Boxer CA
Daniel Inouye HI
John Kerry MA
Dianne Feinstein CA
Patrick Leahy VT
Joe Liebermann CT
Edward Kennedy MA
Charles Schumer NY
PAST MEMBERS AND
THEIR COMMITTEES
Health, Education, Labor and Pensions
Sen Joseph Biden
Sen Barack Obama
Appropriations
Sen Edward Kennedy, MA
Sen Robert Byrd, WV
STAFF AGENCIES
Congressional Research Service (CRS)
for non-partisan info and research; from Library of Congress
General Accounting Office (GAO)
audits financial records; makes policy recommendations
Congressional Budget Office (CBO)
analyzes president’s budget and economic data and trends
Office of Technology Assessment (OTA)
evaluated policies’ effectiveness; abolished in ?
STAFF MEMBERS
answer mail
meet with voters
devise proposals
negotiate agreements
organize hearings
compose questions to ask of witnesses
draft reports
meet with lobbyists
respond to constituents
solve constituents’ problems
help with re-election
CAUCUSES
Association of members created to advocate
a political ideology or a regional or
economic interest
ex. Gypsy Moths (liberal Reps against
some of Reagan’s proposals)
Conservative Democratic Forum
(Southern Conservatives)
Congressional Black Caucus
EXAMPLES OF CAUCUSES
Black
Gypsy Moths (liberal Reps against some of Reagan’s proposals)
Conservative Democratic Forum (Southern conservatives)
METHODS OF VOTING
Voice- yeas, nays; names not recorded
Division- stand to vote; names not recorded
Teller- members pass between 2 people
who both record vote, then compare
(1st ayes, then nays)
Roll-call- name read aloud; recorded
(yea or nay)
WHY MEMBERS VOTE THE WAY THEY DO
political beliefs
logrolling/back scratching
political party
future ambitions
logrolling/back scratching/reciprocity
best hope for re-election
ideology
compromise
issue
special interest
own conscience
constituents
DO MEMBERS OF CONGRESS REPRESENT PUBLIC?
Representational view- when constituents have
clear view on issue for which legislators’ vote
will attract attention
Organizational view- constituency interests are not
at stake; vote on clues from colleagues
Attitudinal view- ideology of member affects voting
AMENDMENTS
17th- directly elected by people
(previously elected by House)
1913
20th- must meet at least once a year
session begins noon on January 3
(previously March 15)
1933
27th- congressional salary increases take
effect after next election
(previously immediate)
1992
27TH AMENDMENT
Congressional pay does not increase until subsequent
election
Effect is that members of Congress are more aware of
public’s perception of them, and thus more careful
BENEFITS
SalaryOffice- allowance to hire up to 22 staffers (home/DC offices)
Pork- secure employment, business, govt projects district/state
FrankingLOC- free use of resources at Library of Congress
Gym/Spa- free use; on Capitol Hill
GiftsExemptionTutoring- free for dependents; no longer a benefit
Travel- set number of visits home office at taxpayers’ expense
Junkets- some govt-funded missions to foreign countries
Cost-of-living raises- salary increase every year due to inflation
Parking- free at most local airports and on Capitol Hill
Health care- inexpensive
Supplemental income- limited by internal code of ethics
BENEFITS
Tying of future raises to cost-of-living index
Supplemental income- limited by internal code of ethics
Free parking on Capitol Hill
Free parking at most local airports
Use of congressional gyms and spas
Inexpensive health care
Travel- set number of visits to home office at taxpayers’ expense (?#)
some missions to foreign countries at govt expense (junkets)
Franking
Stationery
Pension
Cannot be sued for any comments from House/Senate floor
Free from arrest in all cases except treason, breach of the peace, and
felonies?
GERRYMANDERING
Packing- drawing lines in a district so they
include as many of the opposing party’s
voters but not enough to be a majority
Cracking- dividing an opponent’s voters into
other districts to weaken opponent’s voter
base
EFFECTS
45 races competitive out of 435 in House
10 years earlier: 151 competitive races
Year? According to Charles Cook
Only 25 incumbents won with less than 55%
of vote, Rhodes Cook
46TH CONGRESSIONAL DISTRICT
STATES WHICH GAINED HOUSE SEATS
IL
MI
NY
OH
PA
1980
1990
2000
22
18
34
21
23
20
16
31
19
21
19
15
29
18
19
2010
STATES WHICH GAINED HOUSE SEATS
AZ
CA
FL
GA
NV
NC
TX
1980
1990
2000
6
45
15
10
8
52
23
11
10
53
25
13
11
27
12
30
13
32
2010
DISCIPLINARY ACTION
Censure- condemnation of actions, removal from committee assignments
ex.
Expulsion- removal from office
ex. Adam Clayton Powell (Powell v McCormack)
Michael J Meyers
PARTISAN GAINS/LOSSES IN
CONGRESS IN MID-TERM ELECTIONS
Year
1934
1937
1942
1946
1950
1954
1958
1962
1966
1970
1974
President
Roosevelt
Roosevelt
Roosevelt
Truman
Truman
Eisenhower
Eisenhower
Kennedy
Johnson
Nixon
Ford
Party
D
D
D
D
D
R
R
D
D
R
R
House
+9
-70
-50
-54
-29
-18
-47
-5
-48
-12
-48
Senate
+9
-7
-8
-11
-5
-1
-13
+2
-4
+1
-5
PARTISAN GAINS/LOSSES IN
CONGRESS IN MID-TERM ELECTIONS
Year
1978
1982
1986
1990
1994
1998
2002
2006
2010
President
Carter
Reagan
Reagan
G H W Bush
Clinton
Clinton
G W Bush
G W Bush
Obama
Party
D
R
R
R
D
D
R
R
D
House
-12
-26
-5
-9
-52
+5
+8
Senate
-3
0
-8
-1
-9
0
+2
CHARACTERISTICS
older (50+)
white (more minorities in House)
male (more women in House)
college
married
religious (Protestant, Catholic, Jewish)
wealthy
law, medicine, professions, academia
born in state represented
political experience
SHIRLEY CHISHOLM
1st black woman elected to Congress
Served 7 terms in House
Elected as NYC Democrat in 1968
Often criticized Congress as clubby and
unresponsive
GERRY STUDS
First openly gay member of Congress (House)
While a history teacher at a private religious school in NH, invited Senator
Eugene McCarthy to bring his anti-war presidential campaign to New
Hampshire primary
Failed to win House election in 1966
Learned Portuguese (language spoken by many of his district’s voters) and
studied issues related to fishing industry
won Cape Cod seat in 1968
Outed by scandal in 1983 (relationship with 17-year-old Congressional
page) 10 years before
Censured by House; some called for his resignation
Won re-election and became 1st openly gay candidate elected to Congress
“I have no intention whatsoever, no matter how disappointing this might be
to some people—and I don’t think it is to very many—of being ‘the gay
congressman.’ that’s about as interesting and irrelevant as being the
straight congressman. It has nothing to do with anything.”
Retired in 1996
ROLES OF THE LOBBYIST
1. Engage in private meetings with govt officials on
behalf of clients
2. Provide accurate info about issue
3. Testify before executive rulemaking agencies for
or against proposed rules
4. Assist legislators or bureaucrats in drafting
legislation or prospective regulations
5. Invite legislators to social occasions
6. Provide knowledge on how other legislators
will vote
7. Supply nominations for federal appointments to
the executive branch
INTEREST GROUP RATINGS
Each group rates members of Congress on issues that are
important to the group
For example, AFL-CIO bases its rating on a member’s
votes in support of labor unions
American Conservative Union
American Civil Liberties Union
Americans for Democratic Action
Am. Federation of Labor-Congress of
Industrial Organizations
Christian Coalitions
Chamber of Commerce
League of Conservation Voters
SELECT INTERST GROUP RATINGS
Senate
Diane Feinstein D-CA
Bill Frist R-TN
Kay Bailey Hutchison R-TX
Ted Kennedy D-MA
ACU
20
100
100
0
ACLU
60
20
25
60
ADA
80
0
5
100
AFL-CIO CC
92
20
15
100
23
100
100
0
House
Mary Bono R-CA
John Conyers D-MI
Tom DeLay R-TX
Sheila Jackson Lee D-TX
71
0
92
4
27
93
7
93
10
100
0
100
11
100
0
100
75
14
100
0
CoC
55
100
95
29
LCV
80
0
4
84
95
21
95
26
9
91
0
68
2003 ratings
Members ranked from 1 to 100, with 1 being the lowest and 100 the highest support
of a particular group’s support
GROUPS AND LOBBYISTS USING EACH
LOBBYING TECHNIQUES
Lobbyists Organizations DCgroups
Testifying at legislative hearings
Contacting govt officials directly to present point of view
Helping to draft legislation
Alerting state legislators to effects of bill on their districts
LEADERSHIP
Speaker of the House
President of the Senate
Vice President
Senate Pro Tempore
Majority/Minority Leaders
Majority/Minority Whips
Party Caucus/Conference
SPEAKER OF THE HOUSE
presiding officer of each house of Congress
member of the House
chosen by majority party in House; officially selected by vote of entire body
presides over, and keep order during, House sessions
assigns bills to committees
creates special committees
schedules legislation for floor action
manages floor debates
decides points of order and interprets rules (w/ House parliamentarian and
using Roberts’ Rules)
May actively debate on any topic of discussion
casts ballot in case of a tie
speaks for the House
third in line of succession for presidency
appoints members of joint sessions and conference committees
refers bills and resolutions to appropriate standing committees
NEWT GINGRICH
Began term by hand-picking some committee chairs (so they would
work with him), overriding seniority rule
Occasionally overruled chairs
Appointed task forces to take away issues from certain members
Forced members to debate issues in Republican Conference
Kept tight control of agenda by exercising formal powers of Speaker
NANCY PELOSI
PRESIDENT OF THE SENATE
Presiding officer of the Senate
Not a member of the Senate (Vice President)
Presides over and keeps order during sessions
May not debate issues
Can only vote to break a tie
PRESIDENT PRO-TEMPORE
Oldest serving Senator
Second in line in presidential succession
MAJORITY/MINORITY LEADER
party’s spokesperson on the floor
negotiates with opposition party’s leadership
assist Speaker on planning floor schedule
gather support for party’s programs
selected by vote of party caucus or
conference
MAJORITY/MINORITY WHIP
maintain contact with party members
disseminate plans and priorities of
leadership to rank and file
count potential votes of pending legislation
selected by vote of party caucus or
conference
PARTY CAUCUS/CONFERENCE
create rules
elect leadership
select committee chairs
approve committee assignments
plan party strategy
EARLY CONGRESSES
One term served (why?)
not regarded as career
Federal govt not considered important
travel to DC difficult
little pay
CELEBRITIES IN CONGRESS
Helen Gahagan Douglas
Fred Grandy
Sonny Bono
Tom McMillen
Jack Kemp
John Glenn
Bill Bradley
Joseph Kennedy
Jim Bunning
actress
actor, Love Boat
singer, Sonny and Cher
NBA player
quarterback, Bills/Chargers
astronaut
Knicks player
created energy non-profit
major league pitcher
REPRESENTATIVES WHO BECAME PRESIDENT
CA
IL
MA
MI
NH
NY
OH
PA
TN
TX
VA
Nixon
Lincoln
Quincy Adams*, Kennedy
Ford
Pierce
Fillmore
Harrison, Hayes, Garfield**, McKinley
Buchanan
Jackson, Polk***
L Johnson, Bush 41
Madison, Tyler
*only President elected
**only current member elected
***only former Speaker elected
SENATORS WHO BECAME PRESIDENT
CA
IN
IL
MA
MO
NH
NY
OH
PA
TN
TX
VA
Nixon
B Harrison
Obama*
J Q Adams, Kennedy**
Truman
Pierce
Van Buren
W Harrison, Harding***
Buchanan
Jackson
L Johnson
Monroe, Tyler
*3rd sitting senator elected
**2nd sitting senator elected
***1st sitting senator elected
MOST REQUESTED PHOTO FROM
NATIONAL ARCHIVES