Interactions Among Branches of Government Congress Unit 2

Interactions Among Branches of Government Congress Unit 2 A Credit to John Burkowski Edited By J. Gelber

The Capitol/Capitol Hill

Basic Structure of Congress

Powers of Congress Article I, Section 8* Lay and collect taxes* Power of the Purse Borrow money* Commerce Clause* Regulate interstate and foreign commerce* Immigration and naturalization rules* Coin money and set its value* Create lower federal courts* Declare war* Necessary and Proper Clause* aka Elastic Clause Bankruptcy rules* Punish counterfeiters* Fix weights and measures* Post office and postal roads* Issue patents and copyrights* Piracy laws* Raise army and navy* Provide for militia* Run D. C. * Propose amendments Congressional oversight

Exclusive Powers of House vs. Senate House of Representatives Initiate revenue bills Impeach executive and judicial officials Choose president if neither candidate receives majority in Electoral College Senate Trial of impeached officials “Advice and Consent” Approve presidential appointments Executive department heads, federal justices Simple majority Ratify treaties negotiated by president 2/3 majority Choose vice president if neither candidate received majority in Electoral College

Congressional Oversight Senate Committee on Energy and Natural Resources and Secretary of Energy Senate Judiciary Subcommittee on Crime and Terrorism

Meeting of Congress Both houses meet for a term of two years Make-up of congressional terms determined by congressional elections every two years Terms begin on January 3 rd of odd-numbered years 2018 Elections in November 2018 116 th Congress began term on January 3, 2019 Special sessions President may call Congress in times of emergency situations or significant political developments Pearl Harbor in December 1941

House of Representatives Chamber

Senate Chamber

General Description of Each Chamber House of Representatives More formal and descriptive rules Highly influenced by party politics More specialized in particular policy areas Very committee based Majoritarian decisions Senate More bipartisanship Members more generalist than specialist Less committee based Decisions based more on consensus and consent

Evolution of Congress From 1789 to 1932, Congress virtually dominated federal gov’t Exceptions under a few strong Presidents (Jackson, Lincoln, T. Roosevelt, and Wilson) Since FDR in 1932 to the present, the President has become the focus of federal government power and authority WHY? Huge govt expansion w/ FDR’s New Deal Media coverage

Electing the House Always directly elected by the people per Constitution Two-year terms Frequency of elections…always running for office! “Mid-Term” Elections middle of President’s 4 -year term Typically, very low voter turnout

Congressional Apportionment and Districts Congress established number of representatives for House at 435 (1911)—never varies Each state with at least one representative Currently, one representative per 709, 760 Reapportionment every 10 years based on national census Redistricting States draw congressional districts Districts must be relatively equal

Congressional Apportionment and Districts Consequences: Gerrymandering Drawing districts to favor a political party or group Independent commissions Baker v. Carr (1962) Wesberry v. Sanders (1964) Reynolds v. Sims (1964) Shaw v. Reno (1993)

House Seats th (116 Congress) 235 Democrats 199 Republicans

116 th Congress - Districts by Party after the 2018 Elections

th 116 Congress –Member Demographics

FRESHMAN CLASS 116 th Congress

Electing the Senate Staggered terms 1/3 of senators every two years How Elected Originally, Constitution had state legislatures selecting US Senators “Millionaires’ Club” Altered by 17 th Amendment (Progressive Era reform) Popular (direct) election of US Senators

Senate Membership (116 th Congress) 45 Democrats 2 Independents (caucus with Dems) 53 Republicans

Senate States by Party (116 th Congress)

Incumbency Effect Current office holders winning reelection Rates of U. S. House and U. S. Senate (1964 -2012) Advantages Name recognition Credit claiming Casework Visibility Media exposure Fund-raising Campaign experience Voting record Franking privilege Disadvantages Mistrust of government Unpopular political party Redistricting effect “Held responsible”

Congressional Incumbency Rates

Congressional Term Limits Congressional members have NO term limits May be re-elected as many times as possible

Privileges of Congress Salaries $174, 000 for rank and file members $193, 400 for Senate and House leaders $223, 500 for Speaker of the House Benefits include pensions, health coverage Office Allowances Travel Allowances Franking Privilege (free postage) Immunity Cannot be arrested during Congress business Cannot be sued for libel/slander during Congress business

Congressional Staffers Personal Office Staff Directly work for members in D. C. and district/state offices Assist in drafting legislation Assist in casework Go-between to lobbyists, congress members, bureaucracies, White House Committee Staff Research and analyze issues in committees and subcommittees

Congressional Agencies Congressional Budget Office (CBO) Analyze budget and economic proposals Government Accountability Office (GAO) Audits Investigations Congressional Research Service (CRS) Information, history

Congressional Decorum CENSURE Reprimand of a member for unprofessional, suspected, or admitted misbehavior or violation Must give up any committee chairs Requires simple majority IMPEACHMENT Expulsion of a member requires 2/3 majority vote

House Congressional Leadership SPEAKER OF THE HOUSE Elected by House members; need 218 votes to be elected Presides over the House Most powerful person in Congress! Most powerful member from majority party Assigns bills to committee, controls floor debate, appoints party member to committees and chairs House Majority Leader Assists Speaker of the House; second in command Plans party’s legislative program Directs floor debate House Minority Leader Represents House leader of opposition party House Majority Whip and House Minority Whip Assist in party voting, inform on voting, vote counts, voting pressure (“cracks the whip”) Democrat Nancy Pelosi

Senate Congressional Leadership President of the Senate Vice-President presides Votes only to break a tie President Pro Tempore Majority party senior member to preside in absence of VP Senate Majority Leader Most powerful Senate member and party spokesperson Senate Minority Leader Represents Senate leader of opposition party Senate Majority Whip and Senate Minority Whip Rallies respective Senate party member to votes, vote counts

Lawmaking Process

Bills Drafting a Bill Legislators President’s Agenda Interest Groups Commissions Individual citizen Types of Bills Public bill Private bill Revenue bill Originations Clause Omnibus bill

Introducing a Bill Only a member of Congress may introduce a bill May be suggested by executive administration (i. e. President), interest groups, citizens Revenue bills may only originate in the House of Representatives handed to the Clerk of the House or placed in the hopper Introduced and assigned a number ex. H. R. 913 Senate Handed to the presiding officer or introduced on floor Introduced and assigned a number ex. S. 913 The Hopper

Committees Committee Work Consider bills, maintain oversight, conduct investigations Gatekeeping authority Proposal power Hearings and Testimonies Allows for specialists to determine merits of a bill Subpoena power Bill Assignments Speaker of the House/Presiding Senate Officer

Types of Committees Standing Committee Permanent committee over specific policy Subcommittee Subset of a standing committee for specific details of a bill Select Committee Temporary committee for specific purpose Usually for investigations on major public concerns Joint Committee Made up of members of both houses Conference Committee Temporary committee of both houses to resolve differences of chamber versions of a bill

Congressional Standing Committees House Rules Ways and Means Appropriations Judiciary Agriculture Armed Services Budget Education and the Workforce Ethics Financial Services Foreign Services Homeland Security House Administration Energy and Commerce Natural Resources Oversight and Government Reform Science, Space, and Technology Small Business Transportation and Infrastructure Veterans’ Affairs Senate Appropriations Finance Judiciary Foreign Relations Agriculture, Nutrition, Forestry Armed Services Banking, Housing, Urban Affairs Budget Commerce, Science, Transportation Energy and Natural Resources Environment and Public Works Health, Education, Labor, and Pensions Homeland Security and Government Affairs Rules and Administration Small Business and Entrepreneurship Veterans’ Affairs

Committee Membership The percentage of a committee reflects overall percentage of political party members in respective chamber Members desire relevant committees related to districts and/or experience Ambitious members strive for membership in major standing committees and/or become chairperson Committee assignments based on party leadership and patronage

Committee Chairperson Responsibilities Presides over the committee Set committee agendas Assign subcommittee members Decide on hearings and witnesses Selection From majority party of respective chamber Used to be based on seniority system Now usually long-standing member of committee Paul Ryan, former House Ways and Means Chairman

Committee Actions on a Bill Committee Referral Bills assigned to committees who refer to appropriate subcommittees Subcommittees refer bill back to committee Hearings and Testimony Markup Committees read and add amendments to bills Table Motion to kill a bill in committees Full Committee Vote Report Out House’s Discharge Petition Requires absolute majority (218 votes)

House Rules Committee Once a House bill is reported out by committee(s) it must be assigned to the HOUSE RULES COMMITTEE before it reaches the House floor for debate and voting Sets rules, restrictions, and times on bills during floor debate with input by Speaker of the House CLOSED RULE Severe limits on floor debate No amendments Bill proponents tend to prefer closed rule OPEN RULE Allows floor debate Allows amendments Bill opponents tend to prefer open rule

House Floor Debate Presided by the Speaker of the House Time and debate on a bill is limited by the Rules Committee of the Whole All House members act as one large committee To expedite appropriations and revenue bills Quorum of 100 Presided by a Chairman Amendments Must be GERMANE RIDERS are not allowed Once debate is completed or terminated, bill heads to a vote

Senate Floor Debate The Senate has unlimited debate Amendments RIDERS are allowed Amendments must be germane only on budget and appropriations bills FILIBUSTERS (only in Senate) A bill could be killed by senators delaying its passage by “talking it to death” CLOTURE Debate can be ended with 60 votes; prevent filibusters HOLDS (only in Senate) Designed to stall or prevent a bill from being vote on Anonymous or public Strom Thurmond filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957

Other Legislative Tactics EARMARKS Expenditures for specific districts/states, policy areas, and federal agencies determined on appropriations-based legislation PORK BARREL “Bring home the bacon. ” Pass appropriations and/or projects for one’s specific district/state LOGROLLING Reciprocal support on bills (quid pro quo)

How a Member Represents and Votes Representational View/ Delegate Model Vote based on interests and beliefs of districts/states CASEWORK Organizational View/Partisan Model Influenced by party members, president, lobbyists Vote based on party lines PATRONAGE Attitudinal View/Trustee Model Based on own ideology, personal beliefs Politico Model A combination of delegate, partisan, and trustee models A “true politician” trying to make everyone happy

Finalizing a Bill Once either chamber passes a bill, it is sent to the other chamber for passage Both chambers must pass an identical bill Conference Committee Joint committee of House and Senate members iron out differences Reconcile amendments and riders from House and/or Senate versions of a bill Resulting bill sent to House and Senate floors for vote

To the President/Veto Power Presentment Clause President signs the bill into law May also become law after 10 days* * If Congress is still in session Legislative Intent and Signing Statement Presidential Veto Power Congress may override veto with 2/3 majority of both houses Pocket veto President ignores bill; after 10 days if Congress has adjourned, the bill dies Legislative Veto* House or Senate rejects executive action INS v. Chadha (1983) Legislative vetoes unconstitutional Still practiced without much protest

Lame-Duck Period Congressional session held between Election Day (early November) and beginning of newly elected Congress (January 3) Lame-duck sessions before transition of power