November 28, 2011
Homework:
- Hamilton Commentary Presentations Begin Thursday!
Connection Questions…
* How does each ‘institution’ check the
others?
* How does each ‘institution’ affect the
creation of policy?
* How does politics influence each
institution?
Lee Hamilton’s Commentaries Presentations
* Former member of the House of
Representatives, 1965-1999
* Recently:
- Vice Chair of the 9/11
Commission
* Currently:
- director of The Center on
Congress at Indiana University
- director of the Woodrow Wilson
International Center for Scholars
The Job of a Congressman
by Lee Hamilton
Mr. Edwards Presenting
Article Summary
* 4 Important Jobs of a Congressman:
1. “Generalist”– Must be knowledgeable
regarding a wide array of issues
2. “Advocate”—Bringing constituent
concerns to Congress
3. “Educator & Communicator”—Explain
complex issues to constituents & listen to
people’s thoughts on the issues
4. “Ceremonial”—Receives many
invitations to attend events in DC and
back home
Article Vocabulary
* Constituent: a member of a
group represented by an
elected official
* Generalist: a person who
has knowledge in a variety of
areas
* Advocate (noun): one who
pleads in another's behalf
* Consensus: a position
reached by a group as a
My Thoughts on the Article
* I would love to spend a day
shadowing a Congressman to see just
how many tasks they perform
* I think the most important
function of a Congressman is to be
an advocate for their constituents
Representative Democracy in action
* Being a Congressman doesn’t
leave much free time, but I think it
would be very fulfilling
November 29, 2011
Objective: Students will identify the many roles of a
Congressperson in order to create haikus describing
each of their many roles.
Warm Up:
1. Should Congress worry about having a
low approval rating? Why/Why not?
Homework:
- Work on your Hamilton Commentary Presentation!
Historical
Perspective of
Congress
Why Was Congress Created?
– The founders feared that power in the hands of a
single individual Centralization v. Decentralization
• national legislative power is in the hands of a group
– Congress was set up as a bicameral institution, with
two chambers intended to serve different
constituencies
• The House = to be elected by ‘the people’
– 435 members (# est. in 1911)
• The Senate = to be selected by state legislatures
– 17th Amendment changes this
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Congressional Terms
A.Term of Congress lasts two
years
B. Terms begin on Jan. 3 of every
odd-numbered year
C. Terms numbered consecutively
(111th from 2009-2011), 112th
from 2011-2013
D. Adjournment: end of a term;
date must be agreed upon by
both houses
- Two regular sessions per term
- Periodic recesses (not to be
confused w/adjournment)
Perks and Privileges
* Franking allows Congresspersons to
correspond often with constituents
* Great Schedule (satire) vs. another
interpretation
* Permanent professional staffs
* Privileges and immunities under the law:
- The “speech or debate” clause
* Congressional caucuses are a source of
support
- Currently more than 200 caucuses
The Roles of Congress
* Policymaker –make policy via laws
* Representative of constituents:
- delegate: vote based on wishes of people
- trustee: vote based on their own opinions
*What do you think should be the role of a
Congressman?
* Committee Member serve on committees
- real work happens here
* Politician/party member—work to support their political party
and get reelected!
Today’s Assignment
1. Create a haiku that creatively describes each role of a
Congressperson
- Use the handouts from class to assist you in crafting a haiku
How to write a Haiku?
*Must be 3 lines—each line has different amount of
syllables*
1st Line: 5 syllables
2nd Line: 7 syllables
3rd Line: 5 syllables
Mr. Edwards’s Example
Role: Local Representation
public advocate
community listener
Casework gets more votes
March/April 2012
Objective: Students will identify identify the different
characteristics of each legislative chamber in order to
create a visual chart showcasing these differences.
Warm Up:
1. Place the Roles of Congress handout on your desk
2. Be ready to present your haiku!
Homework:
- Work on your Hamilton Commentary
Presentation…presentations begin tomorrow!!
What is the viewpoint of this
cartoonist?
The Structure of Congress:
Comparing the House of Representatives and the US Senate
Comparing the Senate vs. the House
George Washington is said to have told Thomas
Jefferson that the framers had created the Senate
to "cool" House legislation just as a saucer was
used to cool hot tea.
Describe the meaning of this statement.
22
Comparing the House & Senate
HOUSE
Low turnover
Scheduling/rules controlled by
majority party with powerful Rules
Committee
Debate limited to 1 hour
SENATE
Moderate turnover
Scheduling/rules agreed to by
majority & minority leaders
Unlimited debate
unless cloture invoked
Members = policy
specialists
Emphasizes tax & revenue
policy
Members = policy
generalists
Non-germane amendments may
not be introduced from floor.
Non-germane amendments may
be introduced (riders).
Emphasizes foreign policy
Formal & Informal Qualifications of
the US Congress
Formal Eligibility Rules
US Senator:
- citizen for 9 years
Representative:
- citizen for 7 years
- at least 30
- at least 25
- resident of state where
elected
-
resident of the district in
the state where elected
Let’s Look at the Demographics of the US
Congress…
* Age
* Gender
* Ethnicity
* For each demographic group, write an analysis
statement that summarizes the data for each
chamber
* Does this data represent the demographics of the
USA? Does this question matter?
The House
Age
The Senate
The House
Gender
The Senate
US Race/Ethnicity Breakdown, 2010
Census
Ethnicity
The House
The Senate
2006 Race/Ethnicity Data
32
Comparing the House & Senate
Directions: Identify the similarities and differences between the House
of Representatives and the Senate. You are allowed to use any visuals,
phrases, etc. that you think will help you understand the differences
and similarities of the two legislative chambers.
The House
The Senate
Similarities
The House
The Senate
Similarities
Congressional Elections
‘It’s good to be an incumbent’
Congressional Elections
* House Incumbents are reelected more often than in the Senate
* House Incumbent reelection percentage is stagnant
36
Congressional Elections
• The Advantages of Incumbents
–Advertising:
• The goal is to be visible to your
voters
• Frequent trips home &
newsletters are used
– Credit Claiming:
• Service to individuals in their
district
• Casework: specifically helping
constituents get what they think
they have a right to
• Pork Barrel Legislation: federal
projects, grants, etc. that only
helps a specific congressional
Congressional Elections
• The Advantages of Incumbents
– Position Taking:
•Portray themselves as hard working, dedicated individuals
•Occasionally take a partisan stand on an issue
– Weak Opponents:
•Most opponents are inexperienced in politics
•Most opponents are unorganized and underfunded
– Campaign Spending:
•Challengers need to raise large sums to defeat an incumbent
•PACs give most of their money to incumbents
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Congressional Elections
• The Role of Party Identification
– Most members represent the majority party in their
district
• Defeating Incumbents
– Some incumbents face problems after a scandal or other
complication in office
– They may face redistricting
– They may become a victim of a major political tidal
wave
•Many Democrats lost in 1994
•Many Republicans lost in 2006 & 2008
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•2010 Republican Resurgence Many incumbents lost
Congressional Elections
• Open Seats
– Greater likelihood of competition.
– Big issue in 2008 elections!
• Stability and Change
– Incumbents provide stability in Congress
– Change in Congress occurs less frequently through
elections
– Are term limits an answer?
40
Congressional Leadership
Political Party Power!
Which Political Party Controls the
House?
Which Political Party Controls the
US Senate?
The House’s Formal Leadership
–The MAJORITY
POLITICAL PARTY
controls the legislative
process, including the
selection of
Congressional leaders
–Leadership in the
House
•The Speaker of the
House
•The Majority Leader
•The Minority Leader
44
Hierarchy of the House
Speaker of
the House
Majority Party
Minority Party
Majority Leader
Minority Leader
Majority Whip
Minority Whip
Deputy &
Assistant Whips
Deputy &
Assistant Whips
The Senate’s Formal Leadership
• The U.S. Vice
President
• The President Pro
Tempore
(ceremonial)
• Majority Leader
the real power
• Minority Leader
• Whips
47
Hierarchy of the Senate
President
Pro Tempore
Majority Party
President of the
Senate
Minority Party
Majority Leader
Minority Leader
Majority Whip
Minority Whip
Deputy &
Assistant Whips
Deputy &
Assistant Whips
48
Congressional Apportionment,
Redistricting, and Gerrymandering
Reviewing the Basics
* The USA uses Single-Member Districts (a geographic
district from which a single member is elected by a
majority or plurality of the popular vote to represent
it in a legislative body)
* Every 10 years the USA takes a census
* A state’s representation in the House of
Representatives is determined by a state’s population
Making Congressional Districts Timeline
1. National Government takes census
2. Using census data, national govt. reapportions (divides
up) House of Rep. seats to each state
3. Using reapportionment info (seats in Congress), states
create contiguous US Congressional districts (redistricting) of
equal population
4. Almost every state redistricts using controversial methods to
help the majority political party in state legislature 
Gerrymandering
Congressional Redistricting
* Role of States:
- STATES redistrict draw new Congressional
boundaries based upon new census data
* Redistricting Requirements:
(1) “One person, One Vote” = districts must be equal
in population size
(2) Districts must be contiguous (can’t split districts
up)
(3) States can’t redistrict solely on the basis of race
The Original Gerrymander
Gerrymandering Strategies
Packing: concentrating as
many voters of a particular
type into a single electoral
district to reduce their
influence in other districts
Cracking: involves spreading
out voters of a particular
type among many districts
in order to deny them a
sufficiently large voting
block in any particular
district
A Closer Look
57
Your Thoughts on
Congressional
District 3?
Courts and Gerrymandering
* Baker v. Carr (1962) upheld the concept
of “one person, one vote” districts
have to be equal in terms of population
sizes
- allows the courts to reapportion
election districts across the nation
* Shaw v. Reno (1993) a congressional
district in North Carolina was so
irregular in shape that it was clearly
drawn to secure the election of a
minority representative
- The Court ruled that the district
violated the voters' equal rights
protection of the 14th Amendment
- States can’t redistrict solely on the
59
The Committee System:
‘Little Legislatures’
"Congress in session is Congress on
public exhibition, whilst Congress in
its committee-rooms is Congress at
work.”
President Woodrow Wilson
Need for Committees
* Nonexistent 1789-1810
* Review & Screen policy proposals!
* Increase in workload:
- hearings
- markup of legislation
- become specialists in policies
* Committee membership proportional to
majority & minority parties in chamber
Legislative Committees:
Function and Purpose
Legislative Committees:
Function & Purpose
1. Consider bills (a.k.a. “mark-up” bills)
A bill with a member’s
mark-up notes
Legislative Committees:
Function & Purpose
2. Maintain oversight of executive agencies
Secretary Donald Rumsfeld testifies before a Senate
Appropriations Committee hearing re: the Department of
Defense Budget (May, 2006)
Legislative Committees:
Function & Purpose
3. Conduct investigations
New Orleans Mayor Ray Nagin testified before the Senate
Homeland Security and Governmental Affairs Committee on
Hurricane Katrina (Feb., 2006
How Congress is Organized to
Make Policy
• The Committees and Subcommittees
– Getting on a Committee
•Members want committee assignments that will help
them get reelected, gain influence, and make policy
•New members express their committee preferences to
the party leaders
•Support of the party is important in getting on the
right committee
•Parties try to grant committee preferences Have
you been loyal lately?
How Congress is Organized to
Make Policy
• The Committees and Subcommittees
– Getting Ahead on the Committee: Chairs and the
Seniority System.
•The chair of a committee is the most important
position for controlling legislation
•Chairs were once chosen strictly by the seniority
system
•Now seniority is a general rule, and members may
choose the chair of their committee
–Dingell v Waxman
The Politics of Committees
* Committees allow for representatives to
become specialists in policy areas
- Example: Donna Edwards (4th district)
serves on the Transportation and
Infrastructure Committee & the Science
and Technology Committee
- Before joining Congress, Edwards worked
for aerospace company Lockheed Martin
- How does being on these committees
influence Edward’s impact on Congress?
- How does Edwards’ past experience help
and possibly hinder her position on these
committees?
The Committee Structure
1. Standing Committee: permanent; deals with specific policy
matters; i.e. agriculture, energy
2. Select Committee: temporary; appointed for a specific
purpose; i.e. Senate Watergate Committee
3. Joint Committee: includes members of both chambers; i.e.
Joint Committee on Taxation
4. Conference Committee: temporary; includes members from
both chambers; purpose is to resolve different versions of
House/Senate bills
70
Committees aka “Little Legislatures”
* Before the entire chamber
3. Most bills go through
votes on a bill, the bill must
subcommittees:
make it through committee(s):
- people testify for/against
bill
*Committee Steps:
- Bills often “marked-up”
1. Bill is referred to committee
- depends on type of bill
2. Bill put on committee
calendar:
- if bill not put on calendar,
the bill dies!
4. Back to the full committee:
a. sometimes more hearings
take place
b. vote on bill and any
amendments
c. full committee votes for
bill—if bill passes
committee, the committee
writes a report of the bill
Congressional Powers:
Congress does more than making laws
The Powers Congress
1. Legislative Powers: Make laws
- enumerated; necessary & proper; denied
2. Non-legislative Powers: other duties
- electoral: choosing president if nobody gets 270
electoral votes
- amendment: propose amendments by 2/3 vote of
each chamber
- impeachment: House indicts, Senate is petit jury
- investigation/oversight: (see next slide)
73
The Congressional Process
*Congressional Oversight: the ability for Congress to review
and monitor the executive branch and its federal agencies
- “inherent” power of all legislatures
- General Accountability Office (GAO)
*Purpose of Oversight:
- Compliance with legislative intent
- program performance
- improve efficiency/effectiveness of govt. operations
- investigate wrongdoings, abuse, waste, dishonesty, fraud
74
The Powers of Congress
– Enumerated powers (Article 1, Section 8) include:
– Taxing, spending, borrowing, and coining
– Regulation of foreign trade and trade among states
(interstate commerce)
– Regulation of the military (state militias, an army and
navy, and authority to declare war)
– Powers of the Senate
– Constitutional Amendments
– The Necessary and Proper Clause: allows Congress to make
laws that are deemed to be necessary to carry out the
expressed powers
How the Necessary & Proper Clause
Functions?
Legitimacy for
Expanded
National
Government
Power
Article 1,
Section 8
Power
Necessary &
Proper Clause
(Article 1,
Section 8)
In order for the government to create a policy, there must be a
Constitutional basis!
Example of Using
Necessary & Proper Clause
Article 1,
Section 8
Power?
(What should
go here?)
Necessary &
Proper Clause
(Article 1,
Section 8)
What enumerated power in the
Constitution would justify the national
government mandating all Americans have
health insurance? (multiple answers
possible)
Legitimacy for
Expanded
National
Government
Power
Reviewing Necessary & Proper Use
Denied Powers
Definition:
- Actions the govt. cannot do to you
Examples:
(1) Can’t deny the Writ of Habeas Corpus to a
suspected criminal the govt. must say tell a
suspect why they are being held in jail
(2) NO Bills of Attainder  Congress can’t
make a law declaring a person guilty
- defendant must have a fair trial
(3) NO Ex Post Facto Laws  govt. can’t
accuse you of a crime prior to that action being
made illegal (example on next slide)
Ex Post Facto Law Explained
Yesterday: You wore a striped shirt to
school.
Today:
1.The school bans striped shirts.
2. The school suspends you for wearing a
striped shirt yesterday.
* Explain how this example goes
Against the Constitutional principle.
The
Lawmaking
Process:
Politics,
Compromise,
and more
Politics!
Comparing the House & Senate
HOUSE
SENATE
435 members serving two-year terms
100 members serving rotating six-year
terms
Speaker's referral of bills to committee is
hard to challenge.
Referral decisions easy to challenge.
Committees almost always consider
legislation first.
Committee consideration easily
bypassed.
Rules Committee powerful; controls time
of debate, admissibility of
amendments.
Rules Committee weak; few limits on
debate or amendments.
Debate usually limited to one hour.
Unlimited debate unless shortened by
unanimous consent or by invoking
cloture.
Non-germane amendments may not be
introduced from floor.
Non-germane amendments may be
introduced (riders).
The Congressional Process
• Legislation:
– Bill: A proposed law
– Anyone can draft a bill, but only members of Congress can
introduce them
– All spending measures must originate in the House of
Representatives
– More rules in the House than in the Senate
– Party leaders play a vital role in steering bills through both
houses, but less in the Senate
– If bill doesn’t make it out committee, bill will die—unless a
discharge petition is signed (only used in the House)
• Most bills die b/c they never make it out of committee
– Countless influences on the legislative process
83
Comparing the Textbook & Dynamic Lawmaking Process Explained
House
Senate
1. Introduction
1. Introduction
2. Committee
2. Committee
3. Subcommittee
3. Subcommittee
4. Rules Committee
4. Floor Action
5. Floor Action
House/Senate Compromise
Final House Vote
Final Senate Vote
President’s Desk
84
If a bill passes each chamber…
Legislative Tactics: This is Politics!
* Logrolling: if you vote for my bill, I
will vote for your bill (reciprocity)
* Pork Barrel: “pet projects” for
specific jurisdictions. EX: “bridge to
nowhere”
- Earmarks: last minute add-on to a
bill that helps a specific group of
people, usually done anonymously
* Filibuster: a maneuver that prevents
a bill from being debated or voted
upon (only happens in Senate)
- Cloture: a petition to end debate—
need at least 60 senators to agree
86
Earmark Video Clip
Video Questions:
1. Why do lawmakers like using ‘earmarks’?
2. What are the possible negative & positive
consequences of lawmakers using ‘earmarks’?
3. Why can it sometimes be hard to track the inserting
of ‘earmarks’? How has the tracking of ‘earmarks’
changed recently?
1
2
3
Legislative Tactics: This is Politics!
*The Committee System: bills may die if committees fail to act or reject
them
- “Killing a Bill” or “Pigeonholing”
* Amendments: additions/changes to bills
- can be added in committee debate or floor debate
* Riders: additional items added to a bill that usually have little/no
relationship to the main purpose of the bill (Senate only)
- bill with many riders = “Christmas Tree Bill”
* The Germaneness Rules:
 the House prohibits non-germane riders to be added during floor
debate
 the Senate traditionally does not allow non-germane riders during
floor debate, though no rule prohibits their use
89
How Congress is connected to
other parts of Government?
The Congressional Process
• Presidents and Congress: Partners and Adversaries
– Presidents have many resources to influence Congress
(often called the “Chief Legislator”)
– Threats of vetoes can influence process
– White House staff often lobbies Congress
91
The Congressional Process
• Party, Constituency, and Ideology
– Party Influence: Party leaders cannot force party
members to vote a particular way, but many do vote
along party lines
•Whips!
•Campaign Finance Committee assistance
– Constituency versus Ideology: Most constituents are
uninformed about their member
• trustee v. delegate…
92
• controversial issues bring lots of voices
The Congressional Process
• Lobbyists and Interest Groups
– There are several thousand lobbyists trying to
influence Congress - the bigger the issue, the more
lobbyists will be working on it
– Lobbyists can be ignored, shunned and even
regulated by Congress
– A combination of lobbyists and others that
influence members of Congress
93
Conflict over “War Making Powers”
1. Look through the Constitution:
A. Where does the Constitution mention Congress’s
military powers? What are these powers?
B. Where does the Constitution mention the
President’s military powers? What are these powers?
C. What are the provisions of the War Powers Act
(1973)?
94