IV. Congress -- the First
House -- Art. 1
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A. The Independent Politician
1. Congresspersons (represent themselves
and/or constituents. . .not political parties
(although it does help to have party
support)
a. They do NOT have to support the “gov’t”
in power. . .they are “separate”, but equal
partners in the political system.
b. A vote against the Gov’t, does not bring
about a collapse of gov’t, i.e. GB, Italy,
France, Germany. US Gov’t continues day
to day operations even w/ gridlock. . .
c . Pol parties do NOT control nominations
for office, so they cannot control . . .
how a legislator votes on legislation.
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d. Congr powers
Powers: initiate, modify, approve or reject legislation in a
variety of political arenas, + they share supervision of
administrative agencies . . .a legislator role is two fold:
Represent and Act!
1) build consensus among legislators + constituents.
2) educate
3) oversees bureaucracies
4) investigates
5) Hse-initiates $$$ bills; Senate-confirms, ratifies
executive decisions
6) Art.1 sect 8, clauses 1-17 expressed powers; clause 18Necessary + proper clause - implied powers (raise
troops)
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7. Supreme Ct cases + Congr power:
a) McCullogh v. Maryland
necessary + proper clause-gave
Congress power to run federal bank.
b) Gibbons v. Ogden Commerce Clause - states can’t
interfere w/ Congr attempt to
regulate interstate commerce! led to
civil rights legislation in the 1960’s.
8. Both Houses are distinct bodies.
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House-Senate differences
Hse
Senate
Constitutional requirements
Committee Assignments
(1) Specialists
(2+) generalists
Leadership authority
Seldom challenged
Often challenged
Committee Responsibility
Very Important
Often overlooked
“Rules” supreme
“Rules” weak
Open Forums
Limited
Encouraged
Amendments- Earmarks
Specific topics only
Nongermane
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e. Benefits:
1) Salary $165,000+ per year.
2) Generous retirement benefits
3) two offices; DC + Home district
4) staff members
5) “political junkets”
6) Franking privileges
7) assorted perks; no petty
misdemeanors
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B. Congress has evolved over time:
1. Bicameral resolution solved “states” issue
of sovereigny + size.
2. Early 1800’s House nominated early
presidents. . .very stout institution.
3. Civil War House became divided. Even
attempted impeachment w/o success.
4. Late 1800’s- strong speaker’s took over.
5. Early 1900’s revolt vs. tyrannical speakers.
Standing committee chairpersons (based
on seniority) became dominant.
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6. Civil Rights movement of 50’s + 60’s
ended seniority preferences. Party Caucus’
chose committee chairprsns.
Hse was ineffective
7. 90’s Speaker became forceful leader
. i.e. Newt Gingrich. Republicans controlled
both houses until 2000. and now it’s the
Democrats turn.
8. Senate - Who will select? 1st state
legislatures picked Senators until 1913.
9. Filibuster- Control the debate to stifle a
vote. . .Only “Cloture” (60 senators) can
agree to cut-off a debate!
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C. Members of Congress
H of R
US Senate
H of R
Sen
H of R
US
H of R
US
109th Congress
233
55
110th Congress
202
49
111th Congress
178
41
112th Congress
242
47
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44
1
1
233
49
2(D)
257
57
2(ID)
191
51
2?
2 (ID)
9
1. Constitutional requirements
Age
Citizen
Residency
Native Born
Members
Occupation
Womn (111)
AA
Hisp
Asian
Yes
HSE
Senate
25 (56)
30
7
9
(district)
(63)
State
No
No
435
Business 175
Law 152
77
42
25
7
100
Law 54
Business 26
17
1
3
2
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2. Since both houses possess decentralized power
bases, Congress persons engage in Substantive
representation. . .representing
interests of groups.
3. Congressional goal- Get elected-- Stay elected!
a. Incumbency- I’m in, now get me out. As party
partisanship increases. . .legislators bear more of
the burden to getting re-elected. And they stay a
long time. . . .a career undertaking.
b. Safe districts prevail- 90% of reps in the 1980’s
got re-elected by 60% of the vote. 50% for
senators. Marginal districts claim only 55% or
less of the votes. In 2004 election, 90% of
incumbents got re-elected. In ’06 – 20
Republicans lost Hse seats, six lost Sen seats.
It was worse for Dems in 2010, over 60 in Hse.
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c. Incumbent’s invincibility
1) + visibility -- contacting the constituents.
. .somehow i.e. travel home, franking,
getting on the news
2) + credit claiming- Casework (helping out
constituents to the vast porkbarrel
(getting a chunk of that $1.9 trillion and
bringing it home to mama. Why did
Brainerd get a by-pass?
3) position taking - meeting roll call votes.
4) weak opponents - who lack the cash flow.
opponents miss out on #1 + #2 above
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d. Party ID still a factor.
Voters do “oust” the bums which is what occurred
in ‘94 when Republicans took over the Congr.
Dems lost 52 House seats because of internal
bickering, sex scandals, House banking scandal
etc. The voters vented... As they did in ’06 + 08 +
2010! Were these realignments?
(2) Incumbents become vulnerable when districts are
re-apportioned (a) gerrymandering - drawing districts to favor one
party over another. State issue. OR
http://www.redistrictinggame.org
1) To avoid gerrymandering:
(a) Population is = for each district.
(b) Boundaries are straight lines
(c) District is contiguous.
(d) Be wary of packing + Cracking
3. Re-alignments 2006, IV.2010
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(b) Majority-Minority districts gives
minorities advantage in electing
minorities. Buttttt . . . . .
Shaw v. Reno however, Supreme Ct
claimed re-districting in North
Carolina was unconstitutional
because it violated whites equal
protection under the law. . . the BIG
question. . .do non-minority reps
adequately represent minorities?
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E. What influences successful
passage of legislation?
1. Appeasing the “Chief Legislator
2. Party influence – It used to be . . . .50% of the
time legislators will vote party line;. . Hse
partisanship is stronger than the Senate.
Partisanship rules today. . . . Now 80-90% .
3. Constituency support - legislators are seen as
“trustees” and instructed delegates = politicos,
but do voters know how their legislators vote?
Can they control legislators? Only “sharp” issues
are publicized.
4. SIGS + lobbyists - Been restricted by Congress in
reporting who they represent and how much they
spend. . .but still a formidable adversary or
supporter in influencing
legislation.
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d. Congressional elections cost money1) Individuals fund the majority of
elections. PACS fund about 30%,
($5,000 per candidate) seeking access
B4 and after elections.
e. Would term limits “even” the playing
field. U.S. Term Limits, Inc. et al. v.
Thornton et al. Supreme Ct ruled state
imposed terms were unconstitutional.
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F. Making Policy A collection of generalists making policy on specific
topics.
If one needs to know how to vote on a bill. . .ask a
committee person for advice
1. House - Protecting the Masses .
a) House Rules Committee - traffic cop- controls the
flow of bills - establishes a “rule” for each bill
which schedules it.
b) Leadership (1) Speaker – John Boehner - only office mandated
by the Constitution - Party caucus selected –
((a)) Presides over the House; Prez succession – 3rd
((b)) Committee assignments influence
((c)) appoints Rules Committee members
((d)) Influences bill assignments to Committee
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(2) Majority leader - (Rep Cantor) also
rounds up the votes, sets calendar
((a))influence Committee assignments
((b)) Influences bill assignments to
Committee
(3) Whips - Gets out the party vote. . .
(4) Minority party leader – Rep Pelosi
Republicans filled that role from
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2. Senate - Protecting the Elites
a. leadership
1) Vice President - President of the Sen
but he can break a tie vote. . .and it
happens
2) Majority Leader - selected by party
caucus – Sen Reid. - Influences
committee assignments - +
chairpersons.
3)Minority Leader – Sen McConnel tries
to keep the rank in file under control
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3. Committees legislation and Oversight
a. Standing Committees (see chart) separate
subject matter committees
b Joint Committees - Hse + senate share
membership i.e. taxation
c. Conference committees - Two bills need
one explanation- Both houses compromise
here.
d. select committees - for specific reason
e. Assignments - Rep = two com; 4 subcom
Senate - three com; 7 subcom
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f. committees also perform oversight if
and when a bill ever becomes law.
g. Committee chairpersons - Seniority
prevails but majority caucuses now
can choose chairpersons.
h. Caucuses v. party leadershiplegislators ban together under
ideological flag: Black caucus, prolife, pro-choice, gun control
(1) six types: breakfast to regional
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G. How a bill becomes a law
1.
2.
a.
b.
(1)
(2)
(3)
Bill Intro: You, legislator, president, bureaucracy. .
.finds a legislator to introduce it -- drafted in
precise legal language. 10,000 are initiated each
session.
Types of bills
Public v. Private ( the nation v. Individual or places
Resolutions
Joint- force of law. . .special needs or temporary
issues- Constitutional amendments, fix a bad law
Concurrent – No force of law, no prez signature
Hse + Sen act jointly. Congr making a statement
like supporting Iraq endeavor.
Simple resolution: Either body can adopt. . .can
even be a rider to a bill.
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Bill to Law – pg 376
3. Speaker or Sen Maj leader titles it +
numbers it. Be It Enacted . . .
4. Off to Committee action a. subcommittee-schedule hearings,
Revise it, approve it, kill it
b. committee- schedules hearings,
Revise it, approve it, kill it
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c. Hse - Rules committee - Schedules Hse
rules for floor action
1) closed rule - limits debate, amendments
2) open rule - amendments allowed
3) restrictive rule - selective amendments
4) A discharge petition can avoid “Rules”.
Speaker can initiate
5) Suspend the “Rules” . . .To floor for vote.
d. Senate - Leadership schedules debate.
Amendments are open for any cause.
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5. Floor action Amendments can be added
a. Committee of the Whole (100 or more members)
can debate bills. No “riders” can be added. . .
b. Quorum call - 218 House members needed to vote.
. .majority passes legislation
c. Senate can add “riders” to legislation
6. If Senate and/or Hse disagree - Conference
committee
7. Full Hse + Full Senate vote on conference
committee version -- NO amendments can be
added. . . roll call vote
8. To President for signature or his veto
which then MUST be overrided by 2/3 vote in both
Hse + Senate. It could take up to seven years for a
non-monetary bill to become law
9. What are 15 ways to “Kill a Bill”?
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H. The Federal $$$$ Tree. . .
1. Managing the Federal coffers. . . The
President advises, Congress delegates,
somewhat harmoniously. Key questions:
a. Who bears the burden of paying for
gov’t?
b.
Who receives the benefits?
c. ALSO How does one maintain prosperity
(public inspired or private?)
d. AND WILL Gov’t continue to fund all
those GREAT programs?
e. Agenda setting? Prez + Congress have plans.
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2. Budget
a. Gov’t collects $$$ by taxes and spends it
via expenditures. If tax allocations are
higher. . .it’s a surplus (it happened in ‘99,
why?
economic surge really helped; Should we
give it all back?????) . . .
b. if expenses are higher. . .it’s a deficit (80’s
it happened all the time), which is then
added to the national debt,
c. a $10 trillion dollar shortfall. . .of which
10% of the current budget pays JUST the
INTEREST. PublicDebt.Treas.Gov/opd
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d. Fed Income sources:
Income tax - 16th Amendment power to
tax people via the IRS - 50%
(a) Direct taxes. . .one who is taxed pays the
tax. Must be equally apportioned.
((1))Progressive taxes – Higher incomes pay
more supposedly
((a))Flat tax. . .set a rate. . .all pay the same
rate w/o tax loopholes like deductions.
((2))Regressive taxes. . .levied at a flat rate.
. .sales taxes
(b) Indirect taxes - One who is taxed can
shift that burden to another.
((1)) Excise taxes – sale or consumption of a
product. . .sin taxes>> booze, tobacco.
NOTE: No export taxes
(1)
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More Fed income sources.
(2) Corporate tax- 10%
(3) Social Insurance - FICA - 33%. What
type of tax is Social Security?
ANs: Regressive.
(4) Borrowing - Debt load - shifts burden to
future tax payers. Provokes thoughts of a
“balanced budget amendment” w/ certain
provisions.
(5) Lost income- Fed tax “loopholes” the
Grand DEDUCTION: -- Tax BREAKS! TAX
Expenditures
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e. Federal Expenditures
Social Service state- (income
security costs for the elderly, the
poor, and the needy- Social Security
Act 1935, Medicare 1965, 1/3 of
federal budget.
(a) Q- Will Social Security be available
for you? 2042 it runs dry.
(1) How it works. . .
(2) Issue – Too much going out, not
enough going in.
(3) The Fix.
(1)
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Other Gov’t expenditures
(2) National Defense
(3) Interest on the Debt
(4) DISCRETIONARY SPENDING. “The
bridge to nowhere… Pell mell grants for
students . . .building a fence to block
illegal immigrants.. .
(5) Some programs are funded annually. .
.some have time limits established so
programs can be re-evaluated. Sunset
legislation.
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f. The budget process-(1)Controlled Expenditures- incrementalism
- Increase last years budget by an
“increment” to satisfy this years budget.
These are DISCRETIONARY allocations.
(2) Uncontrollable expenditures - 2/3 of the
budget
(a) Entitlements - You qualify, you get them,
no matter what the cost to the gov’t,
even if all the funds are depleted. . .
if you run out, the gov’t will cover it. . .
X = level of benefits
times
Y = number of recipients
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So how much is $3.5 Trillion?
If I . .
a. Flushed down the $1000 every second, of
every minute, of every hour, of every day
of every month, of every yr for 30 yrs =
b. OR . . . $1 = 1 second; $1M = 12 days;
$1B = 32yrs; $1T = 32,ooo yrs.
What does that look like? Search a Trillion
dollars?
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(3) Annually. . .the budget battle. . .
All the political elites have a stake in this
battle. . .and $3.2+ trillion draws a lot of
participants. These are all discretionary
decisions:
(a) SIGS
(b) Bureaucratic agencies . . .
(c) OMB - President’s budgetary arm
(d) The PREZ
(e) CBO + Congressional Budget committee
(f) Subject matter committees, i.e. Ag, Sci
(g) Appropriations committees
(h) Congress as a whole
(i) GAO - bean counters
(j) Partisan politics. Parties care. . .
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(4) Budget ReformInstead of just thinking we will only spend so
much, Congress has established reforms to
improve the process --1974 Budget Act
(a) Fixed budget calendar (Oct 1-Sept 31)
(b) budget committee
(c) CBO
(d) 1974 Reforms - budget resolution
established in April sets the bottom line
((1)) budget reconcialition- change
appropriations to reflect proposed savings
((2)) authorization bill sets program spending
limits.
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((3)) Appropriations bill - funds programs based on an
authorization bill. Can’t go higher, but can give lower
amounts. There are currently 13 appropriation bills.
((4)) If Congr does not meet Oct. 1 deadline for new
budget for the new fiscal year. . .?
Congress passes weekly resolutions to keep gov’t
going.
((5)) More reforms followed in 1990’s with Gramm
Rudman Act - Balanced budgets will prevail.
((a)) Didn’t work - Instead - Discretionary spending
- One area increases, another area must go down.
((b) Political battles ensued as gov’t became divided
with a Republican Congress tangling with a
Democrat President in the 90’s. This is called:
Divided gov’t
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Budget websites
Cato’s
http://www.downsizinggovernment.org/
http://whatwepayfor.com
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d. economic theories abound . . .
Monetarism – Friedman:
thinks too much money
chasing too few goods
creates inflation ( the pox
of capitalism) Gov’t then
cuts amount of $$$
creating a recession. How:
FED increases interest rates!
GOAL: steady money supply
growth w/ equal growth of
economy. Free market
principles.
(2) Keynesianism - Gov’t role is
to find the right level of
demand. Inspire demand
w/ expenditures, or cut it
with higher taxes.
Goal: Gov’t is central fixture.
(1)
(3) Price + Wage controls
(Galbraith) Govt manages
industries with fiscal and
monetary policies that
protect industries, i.e.
Goal: bailouts or subsidies
impact market.
(4) Supply side - cut taxes,
less gov’t. Workers will
invest and the economy will
soaR! More business, more
tax revenue!
Goal: Little Gov’t, less taxes
will inspire private sector to
move on its own. .
.Friedman part II.
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e. How will it play out . . .The Executive
branch administers policy . . .
Congress foots the bill. . .a somewhat
harmonious relationship.
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I. Social (Welfare > Education)Policy
Define – The gov’t provides assistance +
support to specific groups of people.
2. VERY controversial issue . . .and the
program it supports. . . And also very
confusing. . . On who “qualifies” for this
assistance.
T/F: the gov’t gives more money to “nonpoor” than it does to the poor.
TRUE: only 17% goes to “poor”. . .
1.
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3. Poverty designations
Poverty Line: $19,000 income for family
of four.
b. 1 in 9 Americans = 30 million
c. 10 million children or 1 of 5 kids
d. Most prevalent are female-headed
households (single parent)
The Feminization of poverty . . .
Female headed families five times as likely
a.
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e. 1 of 9 urban dwellers live in poverty
1 of 7 rural dwellers.
Burbs see poverty as the “other” USA.
f. 1 of 10 caucasians; 2 of 10 AA + Hispanics
g. 7% of full time workers don’t reach
poverty line ($6 per hour, 40 hour work
week = $12,000)
h. Circumstances may dictate status instead
of choice. Lost job, catastrophic illness,
divorce, death of wage earner. Staying
above the poverty threshold is fluid.
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Gee. How does one get there?
Income distribution = Sharing of the wealth
1) 20% of pop acquired 3.6% income
20% of pop acquired 50% of income
Bill Gates’ income = 40% of America’s
income
Americans are humanitarian, but not
egalitarian
2) Income buys Wealth – stuff or assets.
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3). Social welfare programs
Transfer payments: Benefits given by the
gov’t to individuals
1) Cash pay outs –i.e. Social security
payments; Entitlements- also referred to
as social insurance programs- you pay,
you play! Also Unemployment Insurance
2) In-kind transfers – food stamps, low
a.
interest college loans.
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3b. Public Assistance Progams
Funded by tax revenues and available only to
the “needy” through a “means test”= One must
prove they need “welfare”.
a) TANF (Temporary Assistance for Needy
Families (formerly AFDC) that was put in place
by the 1996 Welfare to Work Act
1)) Five year welfare status.
2))Must find work w/in two years
3)) unmarried teen mothers must stay in school
and live w/ parent or guardian
4)) Mothers must ID deliquent fathers
1)
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4. Public perception of welfare
a. Which program does the public view more
favorably: Means tested or social insurance
programs? Why?
Ans: Social insurance programs are entitled
because you pay into it.
Means tested are often viewed as “throwing $$$ at
a problem, not necessarily fixing the problem.
With current state funding crises, many states
are mean testing Medicare programs.
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6. Combatting the welfare malaise
Enforcement is difficult w/ the caseload
and the thought of reducing gov’t costs.
b. Education . . .the Horatio Alger approach
of bettering oneself through school is a
popular. . .and expensive notion.
Fact: the quality of education depends
significantly on the wealth of the
community in which a child resides.
a.
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c. US spends more on all levels of public
education than any other country.
d. US promotes “standardized” education.
e. Equal opportunity prevails
f. US leads the world in college educated.
More colleges in California than in Europe.
g. BUT test scores in sci +math fall way
below international standards.
1) Violence in schools is rising
2) Drug abuse is prevalent
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h. Largest state budget allocation is
education. . .but Nevada ranks in the low
40’s in “quality of education” issues.
i.
Parents want results:
1) School choice. . .let schools compete
2) Voucher system:
Zelman v. Simmons-Harris (02) Court ruled
states can give parents vouchers for prvt
access to schools.
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j. Federal assistance
Morril Act, gave public lands to colleges
for new campuses.
2) Pell grants to fund education
3) GI Bill – 1943 to send vets to college.
4) NCLB – Fed funding for establishing
higher standards. No improvement,
students can move and funding will
follow. Students will perform in reading +
math by 2013.
5) Can public schools be held accountable.
Do schools mirror society?
1)
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Practice essay #1
1. Identify and explain four nonlegislative roles of Congress.
Essay #2
2. Political scientists often note that “Congress is
too responsive to constituents, and, especially to
organized interests. . .” while others argue that
Congress is too insulated from ordinary citizens.
a. Identify an organized interest and explain how
and why Congress responds to their needs.
b. Describe how Congress can “insulate” itself from
its constituents and provide an example to
support your claim.
c. Explain how Congress can overcome organized
interests and better meet the needs of its
constituents
