Congress is Americas First Branch of Government Congress

• Congress is America’s “First Branch of Government” • Congress has the “ultimate power of the purse” – Can pass a law even if the president vetoes it – Can alter how existing laws are administered through it’s oversight of executive agencies – Can expand or contract the appellate jurisdiction of the US Supreme Court

• Today Congress is referred to as the “Broken Branch” • Congress is “who governs” and “to what ends” • In the world of large democracies the US Congress is the only one that can exercise powers independently of the Executive Branch

• United States and many Latin American countries have a Congress • Great Britain and many Western European Nations have a Parliament

• Become candidate by persuading a political party to put your name on the ballot • In the election voters in the districts choose between two or three PARTIES, not persons

• In America political parties exercise little control over the choice of candidates running for congressional office • Primary election

• Loyal to national party leadership who meet to debate and vote on party issues • If go against party you will not be renominated • Prime Minister and cabinet officers from majority party

• Legislators think of themselves as independent representatives of their districts or states • Vote for beliefs of their constituents and not necessarily for the party views • Congress does not select head of executive branch • Do not have to worry about repercussions if not vote with party

• Principal work of Congress is representation and action which takes place through committees • Decentralized institution

• Two-Chamber – House of Representatives – Senate

• Congress has been decentralized since the midtwentieth century – Enhances the power of the individual members at the expense of the congressional leadership

• Has changed in the way in which it is organized and led – Certain periods Speaker had great power – Certain periods given more power to chairman of the House Committees – Other periods individuals members had great influence – House will always be undergoing changes – TOP OF PAGES 322 -323

• Senate is small enough not to give much authority to small group of leaders (committees) • Senators not elected until 20 th Century (were picked by State Legislatures 0

• Before being elected Senators were known as the “Millionaire’s Club” – They were wealthy party leaders and businessmen – 17 th Amendment – now Senators are elected

• Filibuster: an attempt to defeat a bill in the Senate by talking indefinitely, thus preventing the Senate from taking action to the bill – Prolonged speeches, or series of speeches – RULE 22 – debate could be cutoff if two-thirds of the senators present and voting agreed to a cloture motion – NOW – only need 60 Senators to stop the filibuster – sometimes Rule 22 is not carried-out

• MOSTLY WHITE MIDDLE-AGED PROTESTANT MALE LAWYERS • DO NOT HOLD SAME VIEWS

• Has become less male and white • Between 1950 -2005 women in the House increased from 9 to 49 and the number of African Americans from 2 to 37 • 1994 four House Committees were chaired by blacks and 3 by Hispanics • Republican control of House reduced minority influence

• By the 1950 s serving in Congress has become a career “professional politicians” • Since 1995 this has changed – Congressional District lines were redrawn – Voter disgust, wanted “outsiders” – Conversion of South from a Democratic to a Republican stronghold – Influx of Freshman members

• Incumbents still do good when running again • Marginal Districts: close elections – less than 55% of vote to win • Safe Districts: more than 55% of vote

• INCUMBENTS: Win More. WHY? – Congressional seats have become less marginal 1. Heard of incumbent – Free mailings, travel at public’s expense – Names in newspapers by sponsoring bills or conducting investigations 2. Use their power to help their districts back home – Take credit for federal grants to local schools

• New Congress convenes every two years • From 1933 – 2004 (36 Congresses convened) • Democrats have dominated Congress – WHY? – Congressional District maps favor Democrats – Majority Party draws district maps if control both houses of the legislature, the governor’s office, and when necessary, the state courts – Incumbency

• HELD INCUMBENTS RESPONSIBLE FOR THE MESS IN WASHINGTON • Republicans win Congress in 1994 (Was Democrat) – WHY? – Anti-incumbent mood – Redistricting – South becoming more Republican

• CONSERVATIVE COALITION – in the south Democrats would vote with Republicans in the House and Senate (they usually won) – Very strong during Reagan years – There is no more conservative coalition because South is primarily Republican and the Southern Democrats are liberal

• 1. 2. 3. 4. Members can influence legislation by: Voting Conduct hearings Mark up bills in committee hearings Offer amendments by bills proposed by other members

1. REPRESENTATIONAL VIEW 2. ORGANIZATIONAL VIEW 3. ATTITUDINAL VIEW

• Congressperson votes the same way his or her constituents feel – Civil rights laws: if there a significant number of black voters in the Congressperson’s district they are not likely to vote against Civil Rights Bills

• If there is a divided constituency over an issue: congressperson will not vote • Constituency influences were an important factor in Senate Votes

• Congressperson can vote freely without pressure from constituents on: – Voice or standing votes – Roll-call votes

• Organizational view: vote with their colleagues/their party • This view explains more about a Congressperson’s voting record than any other single factor • Vote with your party on the sponsoring committee (SMALL QUESTIONS) – Congressperson does not know much about the issue

• Attitudinal View: Congressperson’s ideology is how they vote • This view has increased in importance • Congress has become increasingly ideological • Polarized: Congressperson is either liberal or conservative (partisan)

• Vice President: leader of the Senate • President pro tempore of the Senate: usually person with greatest seniority, honorific position, required by the Constitution, is the presiding officer of Senate when Vice President is absent

• REAL LEADERSHIP – Majority Leader: chosen by the Senators of the majority party (Harry Reid) – Minority Leader: chosen by the Senators of the minority party – Each party elects a Whip: helps the party leader stay informed about what the other party members are thinking

• Majority Leader: real leader of Senate – Schedules the business of the Senate – Recognized first in any floor debate – Should be skilled at political bargaining

• WHIP: – Helps party leader stay informed about what members are thinking – Rounds up members when important votes are to be taken – Keeps an account of how members vote

• The Democrats who assign Senators to the standing committees of the Senate

• The Republicans who assign Senators to the standing committees of the Senate

• LEADERSHIP CARRIES MORE POWER IN THE HOUSE THAN THE SENATE BECAUSE OF IT’S SIZE • Speaker of the House: most important person in the House; elected by majority that is in the House – Presides over all House meetings

• Majority Leader: selected by majority party, who is the floor leader • Minority Leader: chosen by party that is not the majority • Whips: same as Senate whips

• Speakers-as-presiders: expected to be fair • Speakers-as-party leaders: use power to help pass legislation of his or her party • Decides who should be recognized to speak on the Floor • Decides if a motion is relevant • Decides the committees to which new bills are to be assigned • Influences what bills are to be brought up for vote

• Is the ability of party leaders to get their members to vote together on the rules and structure of Congress (Newt Gingrich – Speaker of House in 1995 did this) page 337 -338 • Senate – today is – Less party-centered – Less leader-orientated – More hospitable to freshman – More subcommitteeorientated

• Strength is determined if party votes together • Party Polarization: a vote in which a majority of one party opposes the majority of the other party • Bimodal – all Democrats vote one way, and all Republicans vote another way – Abortion – Democrats always support it with no restrictions, and Republicans usually want to put a lot of restrictions on abortion

• In the last 30 years voters seem to be more partisan 1. Because of the way districts are drawn – districts are not competitive; they are either predominantly Dem or Rep 2. Voters are more partisan because parties have become more partisan 3. Seniority – most chairperson are those who have been in Congress the longest and they are from safe districts

• Party is not what it used to be but party affiliation is still the most important thing to know about a member of Congress

• Congressional Caucus – an association of members of Congress created to advocate a political ideology or a regional or economic interest • Caucus has grown in numbers since the 1950 s • Congressperson joins these caucuses to show they care greatly about an issue – Democratic Study Group was established by liberal Democrats

• IS THE MOST ORGANIZATIONAL FEATURE OF CONGRESS • WHERE THE REAL WORK OF CONGRESS IS DONE • WHERE MOST OF THE POWER OF CONGRESS IS FOUND

1. STANDING COMMITTEES – permanent bodies with specified legislative responsibilities 2. SELECT COMMITTEES – groups appointed for a limited purpose and usually lasting for only a few Congresses 3. JOINT COMMITTEES – both Reps and Senators serve on the same committee – Conference Committee – resolve differences in the Senate and House on same legislation

• Majority party usually take the majority of the seats on each committee, name the chairperson, and allow the minority party to have the other seats • Standing Committees are the most important – House members serve on two standing committees – Senators serve on two major committees, and one minor committee

• Seniority rule on committees has weakened because of secret ballots. • The Senate imposed Six-year term limits on House chairpersons

• PAGE 343 – WRITE THE MAJOR RULES OF THE HOUSE AND SENATE IN YOUR BINDERS – THESE ARE THE MAJOR RULES ON COMMITTEES – EFFECT OF THESE CHANGES WAS - DECENTRALIZATION - TO GIVE GREATER POWER TO INDIVIDUAL MEMBERS AND LESSEN THE POWER OF PARTY LEADERS AND COMMITTEE CHAIRPERSONS = HARDER TO GET THINGS DONE (AMENDMENTS TO BILLS)

• Proxy Votes – chairperson cast votes of absent members • If everyone is heard, no one is heard, because the noise is deafening and the speeches endless • Proxy voting banned by House in 1995 • Republican changes to committees in 1995 – 6 year term limit on all committee chairperson – Committee members select their chairperson by secret ballot

• Legislators personal staff has grown tremendously since the 1900 s • Staff Roles: – Help draft legislation – Handle constituents – Shape policy and politics

• Spend most of their time servicing requests from constituents – Answering mail – Handling problems – Meeting with voters – Main function of Staff is to help solve constituents problems and thereby helping the legislator get reelected

• Most staff work in the district of the state where the Congressperson is from – not in Washington D. C. • One reason why it is hard to beat an incumbent

• Staff also helps with legislation because each Senator serves on two committees and six subcommittees – Hard to become an expert because the Senator is spread-out over so many issues

• Staffers are part of subcommittees so the lobbyists spend time with the staffers • Staffers promote new policies and negotiate • Staff members have increased in size

• Staff Agencies – Work for Congress not individual Congresspersons – Congressional Research Service – General Accounting Office – Congressional Budget Office

• FAST TRACK BILLS – Reduce drug abuse – Help the disabled – Bills that embody a clear appealing ideal

• SLOW TRACK BILLS: – Health care – Tax laws – Energy conservation – Foreign trade – Bills that spend a lot of money – GIVES POWER TO THOSE WHO OPPOSE THE BILL

• If a Bill does not pass both houses and signed by the president within the life of one Congress, it is dead • Congress lasts two years then there is a new one

• Any member of Congress may introduce a bill • In the House – intro bill by handing it to the clerk or dropping it into the “hopper” • In the Senate – by being recognized by the presiding officer and announcing the bill’s introduction

• House Bill – H. R. means House Resolution • Senate Bill – S • Public Bill – pertaining to public affairs • Private Bill – pertaining to a particular individual , such as a person pressing a financial claim against the government or seeking special permission to become a naturalized citizen) – not as common today

• Today most legislation begins in Congress not by the president • Even when the president is the principal author of the bill, the president submits it after he or she consults with the Congressional leaders • President cannot introduce legislation, must have congressperson do it

• Simple resolutions: passed by either House or Senate and is used for matters such as establishing the rules under which each body will operate • Concurrent Resolution: settles housekeeping and procedural matters that affect both Houses • Simple and concurrent resolutions are not signed by the president and don’t have the force of law

• Joint Resolutions: requires the approval of both houses and the signature of the president; it is essentially the same as a law • Joint resolution is also used to propose a constitutional amendment; must have twothirds votes of both Houses, but does not need president’s signature

• Bill is referred to a committee for consideration by either the Speaker of the House or presiding officer of the Senate • Rules govern which committee will get which bill, but sometimes a choice is possible – 1963 Civil Rights bill was referred by the presiding officer of the Senate to the Commerce Committee in order to keep it out of the hands of the chairman of the Judiciary Committee, who was hostile to the bill

• All bills raising revenue (tax laws) must start in the House of Representatives – required by the Constitution • Bills that are not for raising revenue – bills that do not change tax laws – can originate in either house

• House also originates appropriations bills- bills directing how money should be spent – The Ways and Means Committee handles these bills which gives them power

• Most bills die in Committee – they are often introduced to give publicity to a member of Congress so he or she can say they “did something” on a matter concerning their constituents or a pressure groups

• Bills of General Interest: many are drafted in the executive branch and introduced by member of Congress are assigned to a subcommittee for a hearing

• Multiple Referalls: Hearings are often conducted by several subcommittees – These hearings are used to inform members of Congress, to permit interest groups to speak out, and to build public support for a measure favored by the majority of the committee – Replaced by Sequential Referall in 1995

• Sequential Referral: a congressional process by which a Speaker may send a bill to a second committee after the first is finished acting • Markup of Bills: bills are revised by committees. Make additions and revisions of bills

• If bill is not reported out, the House can use the discharge petition • If bill is not reported out, the Senate can pass a discharge motion

• Discharge Petition: a device by which any member of the House, after a committee has had the bill for 30 days, may petition to have it brought to the floor • Used by House or Senate to get a bill out that is stalled in Committee, rarely used • In the House, it must be signed by 218 members, Senate only one person to employ a discharge petition – rarely used in Senate, usually does not pass

• For a bill to come before either house, it must first be placed on a calendar • There are Five Calendars in the House, and Two in the Senate (page 352)

• In the House, the Rules Committee (Controlled by The Speaker) reviews most bills, and adopts a rule that governs the procedures under which they will be considered by the House – Closed Rule – Open Rule – Restrictive Rule

• Closed Rules: sets a strict time limit on debate and forbids the introduction of any amendments from the floor, or forbids amendments except those offered by the sponsoring committee – makes it difficult for opponents of the bill to do anything but vote yes, or no

• Open Rule: permits amendments on the floor • Restrictive Rule: permits some amendments but not others

• THREE WAS THE HOUSE CAN BYPASS THE RULES COMMITTEE: – Member can move that the rules be suspended, which requires two-thirds vote – Use a discharge petition – Calendar Wednesday procedure These are not used often. Only used when the Rules Committee departs too far from the sentiments of the House

• Senate – Few such barriers to floor consideration exist in the Senate as in the House – Getting proposals to the Senate floor is more difficult in the Senate than in the House – House zips through legislative schedule, whereas the Senate is a slower process listening to individual Senators

Bills are debated on the floor of the House and the Senate

• The House – Committee of the Whole (is whoever is present at the time) • Discuss all revenue and most other bills • Debates, amends, and generally decides the final shape of a bill, but technically cannot pass the bill

• Quorum – minimum number of members who must be present for business to be conducted is only 100 members for the Committee of the Whole • For the House itself, 218 members must be present • Quorum Call: a calling of the roll to find out whether the necessary minimum number of members are present

• THE HOUSE – Speaker of the House does not preside but chooses another person to wield the gavel (be in charge)

• Rules of the House – Committee sponsoring the bill guides the discussion, divides time equally between proponents and opponents, and decides how long each member will be able to speak – Amendments must pertain to the bill, can only talk five minutes on an amendment to the bill being discussed

• The sponsoring committee almost always wins; its bill, as amended by it, usually is the version the House passes

• Senate is more casual • No rules limiting debate – senators can talk as long as they want and the remarks do not have to be relevant • Amendments do not have to be germane (pertinent) to the purpose of the bill – ATTACH A RIDER – a rider is when a senator adds legislation that is not pertinent (germane) to the bill

• Rider (two outcomes) – Get the president to sign an otherwise objectionable bill by attaching an amendment – Or, to get the president to veto a bill that he would otherwise sign by attaching an amendment to it that the president strongly dislikes

• RIDER – Convenient way for a legislator to get a “pet” project through that would have been defeated if it had been voted on by itself – CHRISTMAS TREE BILL- bill has lots of riders

• If the House has already passed a bill a senator can get this bill put directly on the calendar without committee action • Example: 1964 Civil Rights Bill – House passed bill and committee (conservative senate judiciary committee) could not stall bill by forming a committee to review the bill

• BREAKING A FILIBUSTER – Cloture Rule: 16 senators sign a petition to move to cloture – To pass, three-fifths (60) of the Senate must vote for it – Filibusters and cloture rules have become more common

• How to keep Senate going during a filibuster – Double-tracking – disputed bill shelved temporarily so Senate can get on with other business – Senate can vote on other bills other than those being filibustered – As a result of doubletracking the number of filibusters has skyrocketed

• MORE IMPORTANT TO KNOW HOW MEMBERS OF CONGRESS VOTED ON KEY AMENDMENTS TO BILLS RATHER THAN THE BILL ITSELF • FINDING THIS OUT IS NOT ALWAYS EASY

• FOUR PROCEDURES FOR VOTING IN THE HOUSE 1. VOICE VOTE – members shout “yea” or “nay” – public do not know how each member voted 2. DIVISION (STANDING) VOTE: MEMBERS STAND ARE COUNTED – PUBLIC DOES NOT KNOW HOW EACH MEMBER VOTED

3. Teller vote: members of the House pass between two tellers and say “yea” or “nay” – teller can record vote if twenty members ask for it - you know how member voted 4. roll-call vote/electronic rollcall votes: “yea” or “nay” when your name is called. Must have one-fifth of the members requesting it – can be a long process • More roll-call votes today than in the past

• VOTING IN THE SENATE: – SAME, BUT SIMPLIER THAN IN THE HOUSE – NO TELLER VOTES, OR ELECTRONIC VOTING

• If a bill passes the House and Senate in a different form – the differences must be reconciled if the bill is to become law • Minor differences – last house to act refers bill back to other house, which then accepts the alterations • Major differences – conference committee to iron differences out. Earmarks are usually developed here – Complex bills can lead to enormous conference committees – Conference reports tend to favor, slightly, the Senate version of the bill

• BILL GOES TO PRESIDENT – Signature or veto – If veto, the bill returns to the house of origin • If veto overturned must have two-thirds approval of those present and must be a roll call vote • If both houses override with two-thirds approval the bill becomes law

• Pork-barrel legislation: bills that give tangible benefits (highways, dams, post offices) to constituents in the hope of winning their votes in return – but slow to tackle complex and controversial questions • “bring home the bacon” • Congress misallocates tax dollars by supporting projects with little social benefit in order to bolster their reelection prospects • ALSO KNOWN AS EARMARKS

• Franking privilege – most treasured perk for Congress members – Members of Congress are allowed to send material through the mail free of charge by substituting their facsimile signature (frank) for postage • Intended to keep constituents informed about government, but Congress persons use it as campaign literature • Reformers want to prohibit these mailings just before primaries and general elections

• Congressional Accountability Act of 1995: – Created to make sure Congress follows the laws that is applied to everyone else – Civil Rights Acts, Equal Pay Act, Age Discrimination Act, etc.