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Shea, Green, and Smith
Living Democracy, Second Edition
Chapter 7:
Congress
Chapter 7: Congress
The Nature and Style of Representation
The Delegate Model of Representation
Legislators must “act in the same
manner as the whole body would act,
were they present.”
–Thomas Paine (1776)
“To say the sovereignty rests in
the people, and that they have not a
right to instruct and control their
representatives, is absurd to the last
degree.”
Elbridge Gerry
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
The Nature and Style of Representation
Trustee Model of Representation
The legislator should consider the will of the people,
but then should do what he or she thinks is best for
the nation as a whole and in the long term.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
The Nature and Style of Representation
Politico Model
Conscience Model
The legislator should be a
trustee and vote how he
sees fit until the public gets
involved, at which point he
should return to the
delegate mode.
The legislator is a delegate
most of the time, but if an
issue keeps her head off the
pillow at night, she turns
into a trustee.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Congress and the Constitution
Bicameral Legislature
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Congress and the Constitution
Who Can Serve in Congress?
30 years old
Resident of the
state represented
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Congress and the Constitution
Congressional Elections
Congressional elections primarily decided
by states
– e.g. the Voting Rights Act of 1965
Each house manages its own procedures
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Congress and the Constitution
Lawmaking
The elastic or necessary and proper clause
Implied versus explicit powers
– McCulloch v. Maryland (1819)
Pocket Veto
President kills a bill simply by not signing it.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Redistricting
In almost all states, the process of redistricting
must be undertaken every ten years to reflect:
Changes in the state’s overall population relative to
the rest of the country
Population shifts within the state
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Redistricting
Gerrymandering
The drawing of legislative districts for
partisan advantage
Packing
Cracking
Lumping opposition
voters in one area
Splitting up groups of voters
so they do not constitute a
majority in any district
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
The Gerrymander
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Pathways of Action:
The Texas Redistricting Battle
House Majority Leader
Tom DeLay worked with
Republican state
legislative leaders to
increase the number of
Republican congressional
districts in Texas from
15 to 22.
Supreme Court ruled
that the plan was, for the
most part, constitutional.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Redistricting
The Iowa model of districting
Positive gerrymandering
The number of residents per district
– Baker v. Carr (1961)
Reapportionment
– 670,000 residents for each House district
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Standing Committees:
The Work Horses of the Legislature
Advantages to the standing committee system:
The Members can become policy experts.
More issues can be considered.
Legislators can be on committees relevant
to constituents.
“Safety valve” function
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Standing Committees:
The Work Horses of the Legislature
Standing Committees
Subcommittees
Shea, Green, and Smith, Living Democracy, Second Edition
Select
Committees
Conference
Committees
Copyright 2009 Pearson Longman
Chapter 7: Congress
What Do Committees Do?
Referral and Jurisdiction
1946: Legislative Preauthorization Act
– Every piece of legislation introduced for
consideration must first be referred to a committee.
1970s: House adopted process of multiple referrals.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
What Do Committees Do?
Hearings and Investigations
Ninety percent of all measures get tabled
in committee.
Measures not tabled are given a hearing,
occasionally with celebrity witnesses.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
What Do Committees Do?
Markup
In this stage, the actual language of the
bill is forged.
Prime sponsor: member responsible for
crafting the language
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
What Do Committees Do?
Reports and Rules Report
Report: summarizes bill’s provisions and the rationale
behind it.
Rules Report: stipulates whether a bill is open, closed,
modified, or subject to the time-structured rule.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
What Do Committees Do?
Bureaucratic Oversight
Special committees may
conduct investigations
or hold hearings, such
as Supreme Court
confirmation hearings.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
What Do Committees Do?
The Importance of Committee Staff
Staffers do most committee work.
Carry out research, provide information
to legislators
Staffs grew greatly in the late 1900s
– from 600 in 1967 to more than 3,000 in 1994
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Organizing Congress:
Political Parties and Leadership
Orientation function
Agenda setting
Voting cues
Committee appointment
Majority leadership
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Organizing Congress:
Political Parties and Leadership
The Importance of Majority Status
Speaker – House of Representatives
– power of referral
Majority Leader – Senate
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Legislative Leadership
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Pathways Profile: Nancy Pelosi
Elected to the House
of Representatives in
1986
Selected as Speaker
of the House in 2006
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Organizing Congress:
Political Parties and Leadership
Leadership Powers
Formal powers
– referral
– preside over proceedings
– appoint committees
– set rules for debate
Informal powers
– personal persuasion
– e.g. Newt Gingrich
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Organizing Congress:
Rules and Norms
Until recently, many
norms guided the behavior
of members of Congress.
Members were supposed to
specialize in a small
number of issues, defer to
members with longer
tenure in office, never
criticize anyone
personally, and wait their
turn to speak and
introduce legislation.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Organizing Congress: Rules and Norms
Filibuster
Unlimited debate in Senate used to avoid voting on
legislation or confirmation.
Cloture
Rule declaring the end of a debate in the Senate.
Three-fifths of the Senate necessary.
Hold
Senator indicates that he or she will use delaying tactics
to prevent a final vote. Can be overruled by
three-fifths majority.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Organizing Congress: Rules and Norms
Unwritten Rules
Seniority
Specialization
Apprenticeship
Reciprocity
norm
Logrolling
Civility
Earmarks
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Pathways of Change From Around the World:
Global Youth Connect
College students wishing to stop crimes
against humanity
Organized in 1999
Began programs to encourage youth activism
– e.g. Iraqi Refugee Solidarity Initiative to
help Iraqi refugees in Jordan
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Pathways of Action:
Bridges to Nowhere?
Congress approves spending for two bridges
in Alaska: $423 million
Ted Stevens (R, Alaska) chair of
Appropriations Committee and Don Young
(R, Alaska) wielded great power.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
How a Bill Becomes a Law
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Who Sits in Congress?
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Who Sits in Congress?
Gender
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Who Sits in Congress?
Race and Ethnicity
1870, First black elected to
House of Representatives:
Joseph Hayne Rainey
1870, First black elected to
Senate: Hiram Rhodes
Revels
Latinos underrepresented
in both houses of Congress
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Who Sits in Congress?
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Pathways Profile: Barbara Jordan
First black representative
from Texas
Active in using amendments
to legislation to support
civil rights
Member of hearings leading
to Nixon’s impeachment
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 7: Congress
Congressional Ethics
Tom DeLay
– indicted on criminal
charges of conspiracy
to violate election
laws in 2002
– resigned from office
June 2006
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
