Answer this question
• Should Congress reflect the will of the
people?
• Or should they pay attention to their own
points of view, even if they disagree with
their constituents?
Legislative Branch = Congress
• Location in Constitution
–Article I
• Term of Congress = 2 years
–2 one year Sessions
–Session = January-December
Connecticut Compromise
• Bicameral Legislature
– two chambers
– Senate & House of Representatives
• Senate
– states represented equally
• House of Representatives
– states represented according to the size of their
population - population represented equally
– in 1789 1:30,000 / Today 1:600,000
Constituency
The people a politician represents
• Senate
– people living in the state
• House of Representatives
– people living in the district
Legislative Branch
• Seniority – reforms – no longer automatic
– length of time spent in office
– length of continuous time spent assigned to a particular
committee
– committee assignments & reelection of incumbents
• Incumbents
– person currently holding public office and seeking
reelection
– approximately 95-98% get reelected each term in the
House of Representatives and in the Senate, incumbents
are reelected at a rate of approximately 90%
Senate
• Qualifications for office
– 30 years old
– citizen for at least 9 years
– resident of the state being represented
• Term of office
– 6 years
– staggered terms
– 1/3 of Senate elected every 2 years
• Total membership = 100 (2 per state)
AMENDMENT XVII Passed by Congress
May 13, 1912. Ratified April 8, 1913.
• Note: Article I, section 3, of the Constitution was modified by the 17th
amendment.
• The Senate of the United States shall be composed of two Senators
from each State, elected by the people thereof, for six years; and
each Senator shall have one vote. The electors in each State shall have
the qualifications requisite for electors of the most numerous branch of
the State legislatures.
• When vacancies happen in the representation of any State in the
Senate, the executive authority of such State shall issue writs of
election to fill such vacancies: Provided, That the legislature of any
State may empower the executive thereof to make temporary
appointments until the people fill the vacancies by election as the
legislature may direct.
House of Representatives
• Qualifications of office
– 25 years old
– citizen for at least 7 years
– resident of the state being represented
• Term of office = 2 years
• Total membership = 435 (50 states)
– Reapportionment Act of 1929
• Census every 10 years
• Role of Congress and state legislatures
• Gerrymandering
th
113
Congress
Senate
• Majority Party = Democrats
• Minority Party = Republicans
House of Representatives
• Majority Party = Republicans
• Minority Party = Democrats
United States Senate
113th Congress, Session 1
Majority Party: Democrat (53 seats)
Minority Party: Republican (45seats)
Other Parties:
2 Independent
Note: Senator Bernard Sanders of Vermont was elected as an
Independent.
Senator Joseph Lieberman of Connecticut was reelected in
2006 as an Independent, and became an Independent Democrat.
U.S. House of Representatives
Party Divisions:
200 Democrats
234 Republicans
1 vacant
Gender Profile approx.
Senate
17 Women
83 Men
House of Representatives
75 Women
358 Men
Senate – African Americans
• Hiram R. Revels (R-Mississippi), 187071
• Blanche K. Bruce (R-Mississippi), 18751881
• Edward W. Brooke (R-Massachusetts),
1967-1979
• Carol Moseley-Braun (D-Illinois), 19931999
• Barack Obama (D-Illinois), 2005-2008
• Roland Burris (D- Illinois), 2009
Senate – Hispanic Americans
• Octaviano Larrazolo (R-New Mexico),
1928-29
• Dennis Chavez (D-New Mexico), 19351962
• Joseph M. Montoya (D-New Mexico),
1964-77
• Ken L. Salazar (D-Colorado), 2005• Melquiades R. Martinez (R-Florida), 2005• Robert Menendez (D-New Jersey), 2006-
Senate – Asian Americans
• Hiram L. Fong (R-Hawaii), 1959-1977
• Daniel K. Inouye (D-Hawaii), 1963• Samuel I. Hayakawa (R-California),
1977-1983
• Spark M. Matsunaga (D-Hawaii), 19771990
• Daniel K. Akaka (D-Hawaii), 1990-
Senate – Native Americans
• Charles Curtis (R-Kansas)
– 1907-13; 1915-29 (Kaw)
• Robert Owen (D-Oklahoma)
– 1907-1925 (Cherokee)
• Ben Nighthorse Campbell (R-Colorado)
– 1993-2005 (Northern Cheyenne)
Congressional Salaries
• The salary for the Speaker of the House &
President of the Senate is approx. $220,000
• The salary for the Majority and Minority
Leaders in both Houses is $193,400.
• The current salary for all other Senators and
Representatives is $174,000 .
Organization of Congress
• Speaker of the House
– Potentially the most powerful and influential
person in Congress
• President of the Senate
– Not a position of power
– President pro tem most often presides
• Majority Leaders & Minority Leaders
• Committee Chairpersons
Organization of Senate
• President of the Senate (Vice President of the US)
presides over important votes, can break a tie
• President Pro Temp presides over the Senate when
the Vice President is not present
• Majority leader controls calendar,
sets agenda, has power to recognize speakers
• Majority whip maintains party unity
and promotes majority party's agenda
• Minority leader is senior leader of the minority
party
• Minority whip maintains party unity
and promotes minority party's agenda
Senate Leadership
President of the Senate =
Joseph Biden (D)
•
•
•
•
Vice President of the United States
not a member of Congress
presides over the Senate (seldom)
only votes to break a tie
President pro tem =
Daniel Inouye (D)
• ceremonial / honorary position
• presides over the Senate when VP
is not in attendance
Majority Leader
Harry Reid (D)
•Represents Nevada
•First elected to the Senate in 1986
•Committee on Appropriations
Assistant Majority Leader
(Democratic Whip)
Richard Durbin
•
•
•
•
•
Democrat
Illinois
Committee on Appropriations
Committee on the Judiciary
Committee on Rules and Regulations
Minority Leader
Mitch McConnell (R)
• First elected to the Senate in 1984
• Represents Kentucky
• Senior member of the Appropriations,
Agriculture and Rules Committees
Assistant Minority Leader
(Republican Whip)
Jon Kyl
•
•
•
•
Republican
Arizona
Committee on Judiciary
Committee on Finance
Florida’s Two Senators
Bill Nelson (D)
–
–
–
–
–
Armed Services
Budget
Commerce, Science & Transportation
Foreign Relations
Special Committee
on Aging
– Select Committee on Intelligence
Marco Rubio(R)
• Commerce
•Foreign Relations
•Small Business
Organization of House of Representatives
A majority in the House elects Speaker of the House
• Speaker of the House controls the calendar,
sets the legislative agenda, and has the power
to recognize speakers
• Majority whip maintains party unity, polls members
on bills and develops party support for legislative goals
• Committee chairs (all are majority party)
• Minority leader is senior leader of the minority party
• Minority whip maintains party unity and promotes
minority party's agenda
• Representatives seek assignments that allow them
to influence decisions important to their districts
Speaker of the House
John Boehner (R)
• Serves as Speaker of the House
• Represents Ohio’s 8th District
• Often responsible for airing and defending the majority
party’s legislative agenda in the House
• Traditionally refrains from debating or voting in most
circumstances, and does not sit on any standing committees
of the House
• Leads the appointment process for the chairs of the various
committees & subcommittees in the House
House Majority Leader
Eric Cantor (R)
• Represents Virginia's 7th Congressional District
• Schedules legislation for consideration on the House
Floor, as well as building unity among House
Democrats and delivering the Democratic Party's
message.
House Minority Leader
Nancy Pelosi (D)
• Represents California’s 8th District
• Leader of the Democratic agenda in the House
Florida’s 7th District
(Includes WPH)
John Mica(R)
• Committee Assignments
– Transportation (chairman
– House Oversight and Government Reform
Committee
Committee System
• Core of Congress where bills are considered
– Committees allow members to specialize
in policy areas and become experts
• Congressional division of labor achieved through
committees
– Committee chairs act as “gatekeepers”
• Standing committees have fixed membership,
officers, rules, staff, and offices
– Majority party sets rules and chooses officers
– Majority party always has most committee members
– Jurisdiction is defined by subject matter of legislation
Examples
• Farm subsidy bills go to Agriculture Committee
• Highway bills go to Transportation Committee
• GI Bill benefits go to Veteran’s Affairs
Committee
• House Rules Committee decides the order in
which bills come up for a vote and determine the
rules that govern length of debate and opportunity
for amendments
House of Representatives - Committees
Agriculture
Appropriations
Armed Services
Budget
Education & Labor
Energy & Commerce
Financial Services
Foreign Affairs
Homeland Security
House Administration
Judiciary
Natural Resources
Oversight & Government Reform
Rules
Science & Technology
Small Business
Standards of Official Conduct
Transportation & Infrastructure
Veterans' Affairs
Ways & Means
Joint Committees:
Joint Economic
Joint Printing
Joint Taxation
Select Committees:
Select Committee on Intelligence
House Select Committee on Energy
Independence and Global Warming
Senate Committees
Agriculture, Nutrition, & Forestry
Appropriations
Armed Services
Banking, Housing & Urban Affairs
Budget
Commerce, Science &
Transportation
Energy & Natural Resources
Environment & Public Works
Finance
Foreign Relations
Health, Education, Labor & Pensions
Homeland Security & Governmental
Affairs
Judiciary
Rules & Administration
Small Business & Entrepreneurship
Veterans’ Affairs
Special, Select, and Other
Indian Affairs
Select Committee on Ethics
Select Committee on Intelligence
Special Committee on Aging
Joint Committees
Joint Committee on Printing
Joint Committee on Taxation
Joint Committee on the Library
Joint Economic Committee
Lawmaking in Congress
Only 5-10% of bills introduced become law
Work takes place in committees
HOW A BILL BECOMES LAW
• A member of Congress must introduce
the bill
– Senate or House of Representatives
– All revenue bills must start in the House
• Bill is given a number & title that
reflects the subject of the bill
• Bill is forwarded to the appropriate SubCommittee
– Sub-Committee Chairperson sets the agenda
– Sub-Committee researches, holds hearings,
debates, makes changes to bill and then finally
votes
– Bill must pass a 50% + 1 vote
– Bill is sent back to the Standing Committee
• Process may be repeated in the Standing
Committee
If in the House of Representatives…
• 50% +1 in the House Standing Committee

• Sent to the Rules Committee
– sets rules for House Floor debate, then vote
• Released to the full floor for debate & vote
– When passed by a 50% + 1 vote, then sent to the
Senate where the process is essentially repeated
If bill started in the Senate…
• When passed by a 50% +1 vote in the
Senate Standing Committee 
– sent to the full floor for debate and vote
– potential filibuster
• When passed by a 50% + 1 vote, then sent
to the House of Representatives where the
process is essentially repeated
All bills must pass BOTH Houses of
Congress
All bills must pass in identical wording
• if the House and the Senate versions of the
bill are different, the bill is sent to a
Conference Committee
Conference Committee
• contains members of both Chambers
• senior members of standing or
subcommittees that initiated the bills
• If a compromise bill is accepted by the
Conference Committee, then this single
version of the bill must be sent back to
each House for a final full floor vote
(50% + 1)
House of Representatives
Introduced
Given a Title & #
Subcommittee
Chairperson sets agenda
Research, hearings, debate
Vote 50% + 1
Standing Committee
Process repeated
Vote 50% + 1
Rules Committee
Limits on debate time
Vote 50% + 1
Full Floor
Committee of the Whole
Debate & Vote
50% + 1
Sent to the Senate
Senate
Bill is Introduced
Given a Title & #
Committee Process
is repeated
Except there is no
Rules Committee
Full Floor
Debate is unlimited
Possible filibuster
Vote – 50% + 1
Conference Committee
• Members from
both Houses
• Reconcile HR & S
versions of the bill
• Vote 50% + 1
Full Floor vote in
each House (50% + 1)
Sent to the
President
Bills passed in each House of Congress
are sent to the President where he/she is
given 10 days to take action
The President has
4 Options:
Bill becomes Law
Option 1:
The President signs
the bill into law
Passes with No Signature
Option 2:
Bill becomes a law without
the president’s signature
–
–
–
–
Does not sign
10 days pass
Congress is still in session
bill becomes law
VETO
Option 3: Veto (rejects)
–
–
–
–
The President formally
rejects the bill
The bill is sent back to
Congress
Congress can vote to
override veto by 2/3 vote
Most vetoes are not
overridden
POCKET VETO
Option 4: Pocket Veto
– The President does not sign
– 10 days pass
– Congress has adjourned
– bill does not become law
The Line Item Veto?
• The Line Item Veto Act, P.L. 104-130, allowed the
President, within five days (excluding Sundays)
after signing a bill, to cancel in whole three types
of revenue provisions within the bill.
• The cancellation would take effect upon receipt by
Congress of a special message from the President.
Congress could "override" the line-item veto by
enacting a disapproval bill that would make the
cancellation message null and void.
• On June 25, 1998, the U.S. Supreme Court held
the Line Item Veto Act unconstitutional.
Clinton v. City of New York (1998)
• Line Item Veto ruled unconstitutional.
• The Court explained that under the Presentment
Clause, legislation that passes both Houses of
Congress must either be entirely approved (i.e. signed)
or rejected (i.e. vetoed) by the President.
• The Court held that by canceling only selected
portions of the bills at issue, under authority granted
him by the Act, the President in effect "amended" the
laws before him. Such discretion, the Court
concluded, violated the "finely wrought" legislative
procedures of Article I as envisioned by the Framers.
Cooperation in Congress
• Members act for various reasons
–Politicians are eager to please major campaign contributors
–Politicians pursue their own agendas
•When acting as delegates, members do the public's bidding
•When acting as trustees, members do what they think is right
• Because of a diversity of interests,
legislative consensus is required for bills to become laws
• Cooperation forms from political parties, regional, or
ideological commonalities
• Cooperation also results from "back-scratching“ or logrolling
How Congress Decides
• Constituency
• Interest Groups
• Party Discipline
How Congress Decides
– Constituency
• most do not even know what
policies their representatives
support
• attempt to anticipate constituents’
policy views because of the
possible impact on the next election
How Congress Decides
– Interest Groups
• Ability to mobilize constituents
• “Astroturf lobbying”
– simulate grassroots support
• Campaign funds
How Congress Decides
– Party Discipline
• Committee assignments
• Access to the floor
– power of recognition
• Whip system
– communication network
– influence legislative coalitions & compromises
How Congress Decides – Party
Discipline (continued)
• Logrolling
– reciprocal agreements between legislators who
have nothing in common except desire to
exchange support
• Presidency
– post-WWII
– strengthened role of the President in setting
agenda
Powers of Congress
Article I, Section 8, Clauses 1-17 (25 expressed
powers):
• Establish and maintain the armed forces
• Declare war
• Raise taxes and borrow money
• Spend money for the general welfare
• Regulate interstate and foreign commerce
Article I, Section 8, Clause 18:
• Do what is “necessary and proper” to carry out the
expressed powers
McCulloch v. Maryland (1819)
• In a unanimous decision, the Court held that Congress
possessed unenumerated powers not explicitly outlined in
the Constitution. (implied powers)
• Marshall also held that while the states retained the power
of taxation, "the constitution and the laws made in
pursuance thereof are supreme. . .they control the
constitution and laws of the respective states, and cannot
be controlled by them."
• Necessary & Proper Clause & the Supremacy Clause
Additional Powers of Congress
Oversight & Investigative
Advise & Consent of the Senate
Oversight & Investigative
• Analyze and evaluate implementation of laws
and programs by the Executive Branch
• Power to subpoena witnesses, take oaths,
cross-examine, compel testimony, bring
criminal charges for contempt and perjury
• Examples
– Intelligence oversight: ensures military does not collect
intelligence on civilians
– Uncover illegal activities: Iran-Contra
Advise & Consent of the Senate
Treaties negotiated by the President
 2/3 vote to approve
Appointments made by the President
 50% +1 vote to approve
INS v. Chadha (1983)
Question Presented
• Did the Immigration and Nationality Act, which allowed a
one-House veto of executive actions, violate the separation
of powers doctrine?
Conclusion
• The Court held that the particular section of the Act in
question did violate the Constitution.
• Acted as a “legislative veto”
• Recounting the debates of the Constitutional Convention
over issues of bicameralism and separation of powers,
Chief Justice Burger concluded that even though the Act
would have enhanced governmental efficiency, it violated
the "explicit constitutional standards" regarding lawmaking
and congressional authority.
…Powers of Congress
• Control of purse strings
– appropriations $
• Reaction to increased use of
Executive Agreements
– 1972 Case Act
– 60 days to inform Congress of
Executive Agreements
SENATE
HOUSE of
REPRESENTATIVES
• Six-year term
• 100 members
• Larger
Constituencies
• States represented
equally
• More personal staff
• Policy generalists
• Riders allowed
•
•
•
•
Two-Year Term
435 members
Smaller constituencies
Equal populations
represented
• Fewer personal staff
• Policy specialists
• Riders not allowed
SENATE
• Flexible rules
– Unlimited debate
– Filibuster
– Cloture (3/5 vote)
• Impeachment trial
– 2/3 vote to convict
• Treaties (2/3 vote)
• Appointments (50% +1)
HOUSE OF
REPRESENTATIVES
• Rigid Rules
– Rules Committee
– Debate limited
• Impeachment
– Investigates & formally
charges
• Initiate revenue bills
• Lower House
– less prestige
• Upper House
– less media coverage
– more status, prestige
– closer to the people
– more media coverage
Fall & Rise of Congressional Power
• First century
– Congress as dominant institution
• Next 50 years
– Steady decline of Congressional Power
• 1930s-40s - Executive as dominant institution
–
–
–
–
FDR’s “New Deal”
Truman’s “Fair Deal”
Kennedy’s “New Frontier”
Johnson’s “Great Society”
Continued…
• Nixon’s “New Federalism”
• Reagan’s “New Federalism” revisited,
Reaganomics – Trickle-Down Theory
•
•
•
•
George H.W. Bush – Continues Reagan policies
Clinton’s “New Covenant”
George W. Bush “War on Terror”
Barack Obama….
Institutional Developments…
• Constituency
– extent to which political institution is linked
to, allied with important political forces in the
country
• Organization
– capacity to make, implement, & enforce
decisions efficiently
• Growing importance of incumbency
– 1st phase, turnover was rapid
– Today, the average length of service is 6 – 7
terms
Institutional Developments…
• Use of legislative investigations as
congressional weapon against executive
– McCarthy (communism), Kefauver (crime),
Fulbright (Vietnam War), 9-11 Commission
• Code of Ethics (1971)
• Campaign Finance Act (1974)
• Budget and Impoundment Act (1974)
– Congressional Budget Office (CBO)
•
•
•
•
Increased use of the filibuster
War Powers Resolution (1973)
Ethics in Government Act (1978)
Budgetary limits (1980s-1990s)
U.S. Congress Governs…
• Large suites of offices in Washington D.C.
• Large staffs
• Access to the world’s largest library via direct
computer hookup
• District offices
• Computers to access information all over the
world
• Congressional Research Service
• Office of Technology Assessment
• Large Budgets = Money, resources & help…
 Enables members to actually play an active role in the
consideration, formulation, and initiation of policies
Compared to British Parliament…
•
•
•
•
•
Most MPs do not have offices
Many only have lockers in another building
Most do not have typewriters
Few have secretaries
Many lack resources that are available to
members of U.S. Congress…
Members of Parliament represent rather than
govern
Core of the Analysis
• The struggle for power between Congress and the president results
from the Constitution's system of checks and balances.
• The power of Congress is a function of its capacity to effectively
represent important groups and forces in society.
• During the first hundred years of U.S. government, Congress was
the dominant institution; with the beginning
of the New Deal, the presidency became the more accessible,
dominant branch of U.S. government.
• Before a bill can become a law, it must pass through
the legislative process, a complex set of organizations
and procedures in Congress.
• The legislative process is driven by six sets of political forces:
political parties, committees, staffs, caucuses,
rules of lawmaking, and the president.