Congress SENATE HOUSE OF REPRESENTATIVE S Capitol Tidbits

Congress SENATE HOUSE OF REPRESENTATIVE S

Capitol Tidbits • • Site chosen in 1791; British burned in 1814 300 feet to top of statue Freedom Statue is 19’ 6” Capitol sits on 3. 5 acres; 168 acres around it are designated to the capitol • Diameter of Rotunda is 95’ (whisper heard across the room) • Original rule was that nothing could be higher than Freedom Statue; exception made for Washington monument

History • Congress was intended to be the key policy making body of the federal government with more power than the other two branches • Congress’s job is to make laws. • Historical--The Framers stole the idea from British Parliament (House of Commons, House of Lords) • The Constitution states that Congress must be bicameral. • The House of Representatives and Senate make up the Congress.

Why Bicameral? • Practical--compromise (Connecticut Compromise) between big states (Virginia) & small states (NJ) • House represents the interests of the people • Senate represents the interests of the states • Theoretical--each will check each other’s power “checks and balances” • Majority interests with minority rights • Big thing about Congress - “the power of the purse strings”

The National Legislature • Approval rating is about 30%, but constituents think their members do a good job and most get re-elected • Members have to consider: • Constituents’ View – Members of congress must consider the views of their constituents • Party View – Congress is organized along party lines with parties developing their own version of important bills • Personal View – Representatives should feel free to exercise their own opinions

Terms and Sessions of Congress • Each term has two sessions. A session lasts one year. • Congress can adjourn when it finishes its business. • The President can call Congress into a special session to deal with an urgent matter. This is not popular with either party!

Qualifications to Become a Member of Congress Qualification H of R – 2 year term Age: At least 25 Senate – 6 year term 100 members At least 30 Citizenship: At least 7 years At least 9 years Residency: Must live in the state they are elected from (always elected by eligible voters) Must live in the state they are elected from (originally chosen by state legislatures – 17 th Amendment (1913), elected by voters)

Major Differences The House The Senate w. Limited to 435 members, two-year terms w 100 members serving rotating six-year terms w. Based on population w. Equal number of members per state w. Speaker refers bills to committee w. Committee consideration easily w. Committees almost always consider bypassed legislation first w. Rules Committee weak; few limits on w. Rules Committee powerful; controls time debate or amendments of debate, admissibility of amendments w. Unlimited debate unless shortened by w. Debate usually limited to one hour unanimous consent or by invoking w. Non-germane amendments may not be cloture introduced from floor w. Non-germane amendments may be introduced (riders). w. Initiates all Revenue bills w. Initiates impeachment procedures and w. Confirm nominations, ratify treaties, impeachment trials passes articles of impeachment

Constitutional Powers of Congress (Article 1, Section 8) These powers give Congress authority over both foreign and domestic American national policy

Legislative Powers (Expressed- Article 1, Sec 8 - 27 specifically mentioned: 1. To lay and collect taxes, duties, imports, and excises 2. To borrow money 3. Regulate Commerce with foreign nations and among the states 4. To establish rules for naturalization and bankruptcy 5. To coin money 6. To fix the standard of weights and measures 7. To establish a post office and post roads 8. To issue patents and copyrights

9. To create courts (other than the Supreme Court) 10. To define and punish piracies 11. To declare war 12. To raise and support an army and navy 13. To provide for a militia 14. To exercise exclusive legislative powers over the District of Columbia and other federal facilities In addition the “elastic clause” (necessary and proper clause) allowed government to make all laws necessary Article 1, Sec. 8, clause 18

Implied Powers (Given by the necessary and proper clause): a. Oversight of the budget Congress reviews and restricts the annual budget prepared by the executive branch. When a law is passed setting up a government program, Congress must pass an authorization bill that states the maximum amount of money available. When the nation’s budget is set, only Congress can set the appropriations – the actual amount available in a fiscal year b. Investigation Congress may investigate issues. Through committee hearings Congress has examined consumer safety, crime, and health care. Recent examples are Watergate and seatbelts Examples of implied powers: Military draft, minimum wage

Given to the Senate 1. Major Presidential appointments must be confirmed by the Senate. The Senate offers “advice and consent” to the president by a majority vote regarding appointments of federal judges and Cabinet positions 2. Treaties with other nations entered into by the president must be approved by a twothirds vote of the Senate. This is an example of checks and balances

Given to the House of Representatives 1. Revenue Bills must originate in the House (blurred a little because both House tend to consider budget bills and the President initiates tax policy 2. Impeachment Power the authority to charge the president, vice president, and other civil officers with “high crimes and misdemeanors” is given to the House

Impeachment Process – • 1. Information and allegations are presented to the Speaker of the House of Representatives regarding the wrongdoing of an official. • 2. The Speaker of the House refers the information to the Rules Committee. The Rules Committee officially examines the information, formalizes procedure, and sends all to Judiciary Committee

• 3. The Judiciary Committee investigates and examines evidence: • Committee holds hearings and votes on whether or not to impeach. If recommended, the whole House impeaches, they render "articles of impeachment" and send these to the floor of the House. (floor is general assembly= all 435 meeting together) • 4. The House debates the articles and votes of individual articles of impeachment. A simple majority (50%+1) is needed to impeach. Impeach simply means formally accused by the House of Representatives.

• 5. Senate then holds a trial to determine whether or not official is guilty of article(s) passed by the House. The Chief Justice of the Supreme Court presides over the Senate if the person tried is the president. • The Senate must convict with a 2/3 s majority vote. • Which one was not impeached? Andrew Johnson Bill Clinton Richard Nixon

Making Laws

TYPES OF LEGISLATION – Bills: draft of a law presented to House or Senate by a member. – Resolutions: formal declaration of opinion. – Revenue bills all start in the House – Impeachment starts in the House – Riders – additional provisions added to a bill

Riders a. Usually has little to do with the subject matter b. Riders are added because a) the provision would not pass on its own b) to prevent the bill from passing (in which case it is called a poison pill or a wrecking amendment) c. Riders are common in the Senate because the Senate is more tolerant about germaneness d. Usually attached to appropriations bills e. A bill with many riders is known as a Christmastree bill f. Clinton v. City of New York made line item veto unconstitutional

House & Senate Committees • Committee posts are delegated by the Speaker and based on seniority – Way and Means Committee – Paul Ryan (8 presidents, 21 Speakers)/ Armed Services Committee • Powerful politicians are hard to remove • The Senate has 21 permanent Committees (Judiciary, Armed Services, Appropriations) • The House has 21 permanent Committees (Ways and Means, Appropriations) • Standing Committees Probably most important, they are formed by an official and have power. They are permanent and meet on a regular basis. • Select (Special) Committees are formed to investigate an issue and expires on completion • Joint Committees include members from both chambers • Conference Committees include members from both chambers to resolve differences on bills

THE BILL TO LAW PROCESS (Simplified) 1. Bill introduced in H/S 2. Sent to committee 3. Voted on by H or S 4. Sent to Conference with other chamber 5. Sent to President 6. If the president vetoes it, the veto may be overridden by two-thirds of both houses 7. The president has 10 days to act on a proposed piece of legislation 8. If he receives the bill within 10 days of adjournment he may not respond and the bill will die – this is called a pocket veto

• Over 11, 000 bills are introduced every session, not all can be considered by the full membership • The majority of bills are pigeonholed, or forgotten and never make it out of committee • They are submitted to a subcommittee for discussion and possible hearings • Supporters and critics of the bill appear before the hearing for questioning by the subcommittee • Bills that survive this far are then marked up (changed or rewritten) and returned to full committee • If the committee approves the bill it is sent to the Rules Committee in the House and then to the floor. (The bill is sent directly to the floor in the Senate) • Membership is controlled by the parties

• Getting the right committee is very important • Committee chairmen are the most important shapers of the committee agenda • Chairmen are chosen by the seniority system (longest continuous service on the committee is automatically chairman) • The Rules Committee in the House shapes the legislation • A closed rule (“gag rule”) sets time limits on debates and forbids amendments from the floor – except those on the committee • An open rule permits amendments and more input from members • The Rules Committee is controlled by the Speaker

House of Representatives

The “People’s” House • The House – Responsible for Federal Budget – Strict rules on debate, amendments – Major committees: Appropriations, Oversight and Gov’t Reform, Budget – Lots of subcommittees which are far more open for discussion

Senate • The Senate has 100 members. • 17 th Amendment (1913): direct election of senators • Senators serve six-year terms. 1/3 of the Senate is up for reelection every two years. (33 or 34) • Considered the upper house of the legislature • 54 Republicans, 46 Democrats, 2 Independent

Senate Demographics • • • 54 Republicans; 44 Democrats; 2 Independent Men chair 20 committees; women chair 1 17 women 3 Hispanics 11 Jews (10 Dem, 1 Ind. ) 1 Asian-Americans 1 African American (9 in all of history) Average is 62 years Oldest member is 81 (5 are in 80 s, 18 are in 70 s) the youngest is 37 (Tom Cotton AR).

“Millionaire’s Club” • The Senate – Longer terms, less turnover, more media attention, more prestigious – Less rules, more open talk – Major committees: Judiciary, Foreign Relations, Appropriations – Senator serve on 2 -3 committees – Leaders Majority and Minority – The longest senator from each state is the “senior senator” – (medium net worth of Congress is $1, 000, 008)

Incumbency* • This is a big topic every year on the exam Reasons: 1. Money – Incumbents can raise more money over 90% of the House get reelected over 75% of the Senate get reelected 2. Visibility – Incumbents are better known and in the news more 3. Constituent services - There is a close link between constituent services and reelection 4. Franking privilege – free mailing services (e-mails and recorded phone calls) 5. Gerrymandering – Members have often deliberately gerrymandered to get favorable voting – discourages competition

Consequences of Incumbency* • 1. Congress has a large and experienced body with leadership • 2. Continuity discourages radical change and encourages a close relationship with interest groups • 3. Because incumbents benefit from the laws and the system, there is no incentive to change them

The Filibuster • The Filibuster: Talking until majority of Senate agrees to abandon or modify a bill. • OLD STROM: Record filibuster 24 h, 18 min • Filibusters have included corn bread recipes, phone book readings, fishing stories, etc. • Cloture: After 60 senator vote

Party Polarization • Party polarization refers to the increasingly common situation when a politician takes a stand based on party affiliation or ideology

Determining Representatives • Census Every 10 years to determine population Census • Reapportion – Divide seats between states Reapportion (Congress does this) Constitution – 1 rep per 30, 000 citizens – every state must have at least one 1929 Reapportionment Act passed (435 members) 1990 – 1 rep = 576, 000 2009 – 1 rep = 709, 000 10, 280 = members in House if original numbers used

• Redistrict within the states (state legislature) • Gerrymander drawing district lines based on some characteristic other than just population (can often be declared illegal) – Districts must be equally populated – Districts must be contiguous or connected – Cannot dilute minority voting strength – Lines cannot be drawn solely on race – BUT race can be a factor Wesberry v. Sanders (1964) “one person one vote” in drawing districts

• Based on demographic shifts, states may gain or lose seats. • In 2010 Texas gained four seats; Florida gained two seats; Georgia gained one seat, while New York and Ohio lost two each. • There has been a movement from the cold, northern states to the warmer southern state • The Supreme Court has not eliminated gerrymandering for partisan political purposes

Apportionment: Districts redrawn every 10 years

Congress Senate Upper House of Representatives Lower House President of Senate Speaker of House VP of USA President Pro Tempore Majority Leader Senior Ranking Member Of the Majority Party House Minority Leader 100 Senators 2 from each State Serves for 6 Years 435 Representatives (+6 nonvoting delegates) Elected by Population Serves for 2 years

Leadership in the House of Representatives SPEAKER OF THE HOUSE Selected by the majority party Job: Presiding Officer of the House Power: a. Decides which committee a bill goes to – very powerful b. Appoints members to committees c. Directs business on the floor d. Second in line for the presidency Paul Ryan R – Wisconsin

Leadership in the House of Representatives SPEAKER OF THE HOUSE Selected by the majority party Majority Leader Leads the Republican party Job: Support legislation for party and get it passed Kevin Mc. Carthy R – California Minority Leader Leads the Democratic party Job: Leads Opposition to control the majority party Nancy Pelosi D – California

Leadership in the House of Representatives SPEAKER OF THE HOUSE Selected by the majority party Majority Leader Majority Whip Job: Assists the leader, rounds up votes, heads large group of deputy and assistant whips. Steve Scalise R – Louisiana Minority Leader Minority Whip Job: Assists the leader, rounds up votes, heads large group of deputy and assistant whips. Steny Hoyer D - Maryland

Leadership in the United States Senate

Leadership in the United States Senate PRESIDENT OF THE SENATE The Vice President of the United States Vice President Joseph Biden Job: President of the Senate Power: Breaks tie in legislation. Otherwise does not vote.

Leadership in the United States Senate PRESIDENT OF THE SENATE The Vice President of the United States PRESIDENT PRO TEMPORE Selected by majority party. Usually most senior member of the Senate majority party Job: Presides over the Senate when the Vice President is absent. Senator Orrin Hatch R – Utah

Leadership in the United States Senate Majority Leader Minority Leader Leads the Majority party Job: Guides legislation Leads the minority party Job: Leads Opposition Mitch Mc. Connell Harry Reid R - Kentucky D - Nevada

Benefits of the Majority Party • • • 1. Hold committee chairs 2. Chooses Speaker of the House 3. Assigns bills to committees 4. Holds a majority on all committees 5. Controls the House Rules Committee 6. Sets the legislative agenda

Other House & Senate Positions • Clerk of House does administrative duties. • Parliamentarian keeps rule on debate. • Chaplain prays before debate. • Sergeant at Arms keep order. • Official Reporters writes every single word in meeting. • Post Master sees that everything is distributed.

Congressional Rules and Benefits

Congress and the Executive • A. Oversight: 1. Congress gets to review the activities of an executive agency, department, or office 2. The Senate exercises special oversight by confirming cabinet heads and presidential appointments 3. Methods include: a. guideline for new agencies b. holding hearings and investigations c. using budget control d. reorganizing an agency e. evaluating an agency’s program

Congress and the Executive • B. Foreign Policy: 1. Congress has the power to declare war and ratify treaties 2. War Powers Resolution* a. Passed in 1973 as a response to presidential power in the Vietnam War to give Congress more power b. requires the president to notify Congress within 48 hours of deploying troops The president must bring troops home within 60 to 90 days from hostilities unless Congress extends the time

Congressional Expectations • Loyalty to chamber • Civility • Seniority – the most senior members get more choice of assignments • Specialization - become an expert in area • Reciprocity (aka logrolling)-support for each others bill. • Members often curry favor by contributing to other campaigns

Does Congress represent the average American people? • The average member is a male in his mid 50 s. Most are married and have a background in politics, law, agriculture or education • Law background- 159 Reps & 58 Senators • Education background- 82 Reps & 14 Senators • 109 have served as former political aides. • Private sector background- 162 Reps & 26 Senators

DIVERSITY

Compensation and Benefits • Salaries - $174, 000 per year – Speaker $223, 500 Leaders $193, 400 • Some outside income allowed (15% of pay) • Members are allowed to deduct, for income tax purposes, living expenses up to $3, 000 per annum, while away from their congressional districts or home states. • The Members’ Representational Allowance (MRA) is available to support Representatives in their official and representational duties (Franking + office expenses + personal ($994, 671 per member) • The 2015 allowances ranged from $1, 195, 554 to $1, 370, 009, with an average MRA of $1, 255, 909

Compensation and Benefits • Reps have an average of 17 staffers; Sen have an average of 40 • The Senators’ Official Personnel and Office Expense Account (SOPOEA) is available to assist Senators in their official and representational duties. (average is $3, 235, 422) • Each Senator gets $40, 000 for furnishing!

Compensation and Benefits • Computer service • No insider trading laws • TV and radio broadcast • Travel expense ($250, 000 + free flights) • Foreign Trips • Pension Plan and Retirement Income (next of kin gets one year salary) • Incumbency = helps in re-election

Congressional Powers

Newest US Carrier: $13 billion

EARMARKS • An earmark is a congressional provision that directs appropriated funds to be spent on specific projects or that directs specific exemptions from taxes or mandated fees. • AKA as pork barrel spending • Riders are things added to Bills – most riders require appropriations – but not all - a rider could be earmarked

PIG BOOK RULES • This year’s Congressional Pig Book Summary symbolize the most egregious and blatant examples of pork. • Meet at least one of the seven criteria, but most satisfy at least two: – Requested by only one chamber of Congress – Not specifically authorized; – Not competitively awarded; – Not requested by the President; – Greatly exceeds the President’s budget request or the previous year’s funding; – Not the subject of congressional hearings; or – Serves only a local or special interest.

$107, 000 to study the sex life of the Japanese quail. $1. 2 million to study the breeding habits of the woodchuck. $150, 000 to study the Hatfield-Mc. Coy feud. $84, 000 to find out why people fall in love. $1 million to study why people don't ride bikes to work. $19 million to examine gas emissions from cow flatulence. $144, 000 to see if pigeons follow human economic laws. Funds to study the cause of rudeness on tennis courts and examine smiling patterns in bowling alleys. $219, 000 to teach college students how to watch television. $2 million to construct an ancient Hawaiian canoe. $20 million for a demonstration project to build wooden bridges. $160, 000 to study if you can hex an opponent by drawing an X on his chest. $800, 000 for a restroom on Mt. Mc. Kinley. $100, 000 to study how to avoid falling spacecraft. $16, 000 to study the operation of the komungo, a Korean stringed instrument. $1 million to preserve a sewer in Trenton, NJ, as a historic monument. $6, 000 for a document on Worcestershire sauce. $10, 000 to study the effect of naval communications on a bull's potency. $100, 000 to research soybean-based ink. $1 million for a Seafood Consumer Center. $57, 000 spent by the Executive Branch for gold-embossed playing cards on Air Force Two. Total: $ 45, 980, 000

Georgia’s Representation Senator Johnny Isakson David Perdue AND