Congress and the Courts
AP U.S. Government and Politics
Unit 5
Congress
• Congress is made up of two “houses,” or
chambers (bicameral legislature)
– Senate
– House of Representatives
• “Great Compromise”
– Virginia Plan
– New Jersey Plan
– Connecticut (Great) Compromise
Powers of Congress
• expressed (or delegated) powers
– clearly stated powers of Congress
– written in Constitution
• implied powers
– “assumed” powers of Congress
– not written in Constitution
– idea derives from the “necessary and proper”
clause
“Necessary and Proper” Clause
• Article I, Section 8
• “The Congress shall have Power…to
make all Laws which shall be necessary
and proper for carrying into Execution the
foregoing (expressed) Powers…”
• also known as the “elastic clause”
• Supreme Court can determine if an
implied power is constitutional or not
Implied Powers
Implied Power
Create a national bank
Derived from the
expressed power to…
Borrow money, tax,
regulate commerce
War Powers Act
Declare war
Draft men into service
Raise an army
Set number of justices
Create federal courts
Other Functions
• approve presidential appointments
(Senate only)
• ratify treaties (2/3 vote of Senate only)
• impeachment (House only) and trial for
removal (2/3 vote of Senate only)
• admit new states
• propose amendments
Other Functions
• count electoral votes
• decide presidential elections, if no majority
reached by Electoral College (House only)
• “watchdog” over government activities,
especially president and bureaucracy
(Congressional “oversight”)
2012 Ohio Senate Race
Sherrod Brown (D)
Incumbent Senator
Josh Mandel (R)
Ohio State Treasurer
Congressman Jim Jordan (R)
Congress Videos
• http://www.youtube.com/watch?v=cdTgKarqTQ0
(Congress forgets how to pass a law)
• http://www.youtube.com/watch?v=MtZWBZYkMnE&featu
re=fvst (Tim Ryan gives it to Republicans)
• http://www.youtube.com/watch?v=owpveD8KoFA&featur
e=relmfu (Sutton speaks out against unfair trade deals)
• http://www.youtube.com/user/RepJimJordan?blend=7&o
b=5 (Congressman Jim Jordan)
• http://www.youtube.com/watch?v=ZUD4MG7kw44&featu
re=related (Kucinich claims Bush let 9/11 happen)
Senate (“upper”)
• the states’ chamber
• (orig.) state legis.
• equal representation
• 100 total
• 6-year term
• 30 years old
• more experienced
• more powerful
• more moderate
• less diverse (state)
• no limits on debate
• non-germane
amendments
House (“lower”)
• the people’s chamber
• popularly elected
• based on population
• 435 total
• 2-year term
• 25 years old
• less experienced
• less powerful
• more ideological
• more diverse (district)
• limits on debate
• amendments must be
germane to bill
Congressman and Senator
Women in Congress
First Black Congressmen
African-Americans in Congress
African-American Senators
Hiram Revels (MS)
Republican; 1870-1871
Blanche Bruce (MS)
Republican; 1875-1881
Edward Brooke (MA)
Republican; 1967-1979
Carol Moseley Braun (IL)
Democrat; 1993-1999
Barack Obama (IL)
Democrat; 2005-2009
Roland Burris (IL)
Democrat; 2009-2010
Ohio’s 13th District – Betty Sutton (D)
Ohio’s 17th District – Tim Ryan (D)
Creating House Districts
• decennial census (2010)
• apportionment
• redistricting
– map drawn by majority party in state legislature
– each district must be contiguous
– each district should have approximately equal
number of people
• gerrymandering
Original
“Gerrymander”
Maryland’s 2nd District
New York’s 8th District
Illinois’s 4th District
Gerrymandering
• goal: to maximize the effect of your
supporters’ votes and to minimize the
effect of your opponent’s supporters’ votes
• “packing” – to “pack” opponent’s voters
into one district so as to minimize their
effect in other districts
• “cracking” – to spread out opponent’s
voters over several districts so as to
minimize their effect in all districts
Supreme Court Decisions
• Baker v. Carr (1962)
– established the power of the federal courts to examine
redistricting cases under the “equal protection” clause of
the 14th Amendment (sparked the “reapportionment
revolution”)
• Wesberry v. Sanders (1964)
– established the principle that congressional districts
should be nearly equal in population (“one person, one
vote”)
• Shaw v. Reno (1993)
– states may create majority-minority districts, but those
drawn using race as a factor must be held to a strict
standard
The Redistricting Game
• Majority party’s mission: To create 4 congressional districts
in a way that offers the most political benefit to your party
and that can pass in the state legislature.
• Minority party’s mission: To work with the majority party on
drawing the districts, hoping to minimize the majority
party’s political advantage.
• You must follow all the rules of congressional redistricting.
The minority party can challenge any map in court if they
believe it is malapportioned or excessively gerrymandered.
• Your state legislature must vote to approve the final map,
with at least a simple majority.
• Your map must be approved by the court (me) if it is
challenged by the minority party.
Points
How you can earn them…
+4 for the party
For every district in which your party has at least a 12:4 advantage
(very “safe”)
+3 for the party
For every district in which your party has an 11:5 advantage
(rather “safe)
+2 for the party
For every district in which your party has a 10:6 advantage
(somewhat “safe”)
+1 for the party
For every district in which your party has a 9:7 advantage
(“marginal”)
+4 for the majority party
If your party has an advantage in all 4 districts
+2 for the majority party
(+4 for minority party)
If your party has an advantage in 3 of the 4 districts
+2 for minority party only
If your party has an advantage in 2 of the 4 districts
-2 for majority party
(+2 for minority party)
For each time your map is challenged by the minority party and
rejected by the court
-1 for minority party
(+1 for majority party)
For each time your court challenge is rejected by the court
+2 for both parties
If the state legislature unanimously approves the map…OR
+1 for majority party
If at least one member of the minority party approves the map
0 points
If your state fails to approve an acceptable map before time expires
State of
“Franklin”
Population
(in 1000’s)
A
B
C
D
Green = 36
Purple = 28
“Franklin” Questions
• How many districts does each party
“control” in each scenario?
• Which party would you assume controlled
the state legislature (and thus drew the
map) in each scenario?
• Which scenario(s) reflect gerrymandering?
• Which scenario(s) seem “fair?” Why?
• Which scenario(s) reflect “packing?”
Which reflect “cracking?”
Leadership of Congress
• leaders are chosen by the members of
Congress, not by the people
• the leadership is dominated by the
majority party of each chamber
Speaker of the House
• only House position required by the Constitution
• “presides” over the House – the Speaker must
recognize who speaks and for how long
• nominated by the majority party but elected by
the entire House
• acts as chief spokesperson for the House
• after VP, second in line for presidency
Speaker of the House
• has great power within the House:
–
–
–
–
–
interprets and applies rules
assigns (or refers) bills to committee
influences which bills are brought up for a vote
decides outcome of most votes taken in the House
must sign all bills passed by the House
Speaker of the House
• John Boehner
• Republican (OH)
• Cincinnati-Dayton
area
• Speaker since 2011
House Majority Leader
• also known as majority “floor leader”
• selected by the majority party (partisan
position)
• acts as the majority party’s legislative
strategist and chief spokesperson
• less significant than Senate Majority
Leader because of presence of Speaker
position
House Majority Leader
• Eric Cantor
• Republican (VA)
• only current Jewish
Republican member
of Congress
House Minority Leader
• also known as minority “floor leader”
• selected by the minority party (partisan
position)
• acts as the minority party’s legislative
strategist and chief spokesperson
• leads the opposition to the majority party
in the House
House Minority Leader
• Nancy Pelosi
• Democrat (CA)
• first woman to be
chosen Speaker of
the House (2007-10)
• first woman to ever
hold leadership
position in Congress
Majority and Minority Whips
• assists the floor leader of his/her party
• acts as liaison between party’s leadership
and its rank-and-file members
• tracks and “secures” the votes of party
members
• ensures that members are present to vote
Whips
• Majority Whip
• Kevin McCarthy
• Republican (CA)
• Minority Whip
• Steny Hoyer
• Democrat (MD)
President of the Senate
• filled by Vice President; VP is not a
senator, however
• technically, “presides” over Senate but
does not control speaking privileges the
way the Speaker does
• cannot participate in the debate over a bill
• can cast vote only if the Senate is tied
President of the Senate
• Joe Biden
• Democrat (DE)
• US Senator from
1973 to 2009
Who is this?
President Pro Tempore (Pro Tem)
• elected by the Senate, but usually given to
the most senior member of the majority
party (today, a purely honorary title)
• “presides” in place of VP
• after VP and Speaker, third in line for
presidency
President Pro Tempore
• Daniel Inouye
• Democrat (HI)
• Senator since 1963
Senate Majority Leader
• chosen by the majority party
• most powerful member of the Senate
(comparable to Speaker of House)
• leads the legislative agenda in the Senate
Senate Majority Leader
• Harry Reid
• Democrat (NV)
Senate Minority Leader
• chosen by the minority party
• leads the opposition to the majority party
in the Senate
Senate Minority Leader
• Mitch McConnell
• Republican (KY)
Whips
• Majority Whip
• Richard “Dick” Durbin
• Democrat (IL)
• Minority Whip
• Jon Kyl
• Republican (AZ)
Committees
• Congressmen (both House and Senate)
are assigned to various committees and
subcommittees
• efficient way of dividing up tasks
• allows member to develop “expertise”
• where most work on legislation is done
Woodrow Wilson
"...it is not far from the truth to say that
Congress in session is Congress on
public exhibition, whilst Congress in its
committee rooms is Congress at work."
Committee Assignments
• majority of each committee’s members are
always from majority party
• chairperson of committee is always from
majority party (chair has the power)
• assignment to committee based on:
– knowledge/expertise
– constituency (home state/district)
– seniority and party loyalty
Types of Committees
• standing
– subcommittees
• select
• conference
Senate Standing Committees
• Appropriations
• Armed Services
• Banking, Housing,
and Urban Affairs
• Budget
• Energy
• Environment
• Foreign Relations
• Health, Education and
Labor
• Homeland Security
• Judiciary
• Rules
• Small Business
• Veterans’ Affairs
Senate Select Committees
•
•
•
•
Indian Affairs
Select Committee on Ethics
Select Committee on Intelligence
Special Committee on Aging
The Lawmaking Process (Terms)
•
•
•
•
•
•
•
•
term
session
recess
special session
joint session
bill
law
resolution
How a Bill Becomes a Law
1. Bill is introduced
•
•
•
•
•
bill is read
given number (H.R. 0000 or S. 0000)
if passed, becomes P.L. 112-000
given title
sponsor(s)’ and co-sponsor(s)’ name(s)
“Healthcare Reform Bill”
• H.R. 3590
• Patient Protection and Affordable Care Act
of 2010
• P.L. 111-148
• Sponsor: Rep. Charles Rangel (NY)
• Co-sponsors: 40
• Assigned to House Ways and Means
Committee
“USA Patriot Act of 2001”
Uniting and
Strengthening
America by
Providing
Appropriate
Tools
Required to
Intercept and
Obstruct
Terrorism
2. Assigned to Committee
• if s/he approves, Speaker or Senate
Majority Leader assigns bill to a standing
committee
3. Assigned to Subcommittee
• committee chair assigns bill to
subcommittee for closer evaluation
• subcommittee work is open to public
(unless matter of national security)
• may hold hearings with “experts”
• (sub)committee’s options
– may “table” bill
– may “report bill out of committee” with
revisions (known as “markups”)
4. On the calendar
• if bill is reported out of committee, it is
placed on the chamber’s calendar
5. Rules Committee (H.R. only)
• Rules Cmte sets rules for debating the bill
– time restraints
– amendments that can/cannot be made
• Senate does not limit debate
– filibuster
– cloture/Rule 22
– media effect
Mr. Smith Goes to Washington (start at 3:15)
Bernie Sanders Filibuster
6. Discussion and Debate
• after discussion/debate, chamber has
options:
– make amendments
– table the bill
– send back to committee for revision
– vote on the bill
6. Discussion and Debate
• each chamber has different rules on
amendments to bills
• House requires all amendments to be
germane (related) to the bill
• Senate allows “riders” (non-germane
amendments)
– “pork-barrel” legislation
– “Christmas tree bill”
7. Vote
• chamber votes on the bill using either
– voice vote (“ayes” and “nays”)
– roll-call vote
• requires simple majority to pass
– House: 218 of 435
– Senate: 51 of 100
• if passed, bill is sent to other chamber
(which follows similar process)
8. Conference Committee
• if both chambers pass the bill, a
conference cmte meets to reconcile any
differences between the two versions
• bill returns to both chambers for their final
approval
9. Presidential Action
• bill is sent to President who may:
– sign bill
– veto bill
– take no action (bill becomes law in 10 days or
is “pocket-vetoed”)
10. Override
• if President vetoes bill, Congress may
override his veto (making it law) with a
2/3-majority of each chamber
• very rare
Congressional Reforms
• representative or direct democracy?
• should Congress refine public opinion or
reflect it?
 representational view
 organizational view
 attitudinal view
Term Limits?
• public supports term limits to restore
Congress to the popular will, but still
incumbents are overwhelmingly reelected
• arguments against:
 would produce amateur legislators who lack
expertise
 would lead to “office-hopping”
 undemocratic
• Supreme Court declared term limits
unconstitutional in U.S. Term Limits, Inc. v.
Thornton (1995)
Congressional Approval Ratings
Pork-Barrel Spending
• “pork” (“earmarks”) – a spending bill
introduced by a congressperson that gives
tangible benefits to his/her district with
hope of winning votes for reelection
• “logrolling” – when legislators offer support
for each other’s “pork projects”
• pork-spending does not insure that federal
money goes where needed, but to districts
of reps who are most aggressive, have
seniority, or are most in need of votes
Biggest Pork Projects?
• The “Bridge to Nowhere” (Alaska)
 $396 M to connect 50 residents to mainland
 $7.9 M per person
 funding later repealed; bridge never built
• The “Big Dig” (Boston, Mass.)
 $14.6 B for 3.5 miles of tunnel
 $1 M per foot
 most costly construction project in history
Porker of the Month January 2011
Salary and Privileges
• salary = $169,300
– increased approx. $3,000/yr over last 10yrs
– 27th Amendment (1992)
No law, varying the compensation for the
services of the Senators and Representatives,
shall take effect, until an election of
Representatives shall have intervened.
Salary and Privileges
• Congressional immunity:
– Speech or Debate Clause
…for any Speech or Debate in either House, [senators
and representatives] shall not be questioned in any other
place.
-- Article I, Section 6
– Congress members are exempted from arrest
while attending a session of Congress,
excluding an arrest for treason, breach of the
peace, or a felony
Salary and Privileges
• franking privilege
Obama’s Deal
Obama's Deal | PBS FRONTLINE (57:00)