The Congress Legislative Branch Interesting Random Facts The

The Congress – Legislative Branch

Interesting & Random Facts The only “NO” to war vote after Pearl Harbor was by Jeannette Rankin – who refused to send anyone because she could not fight Wikipedia banned all IP addresses from Congress because too many members were changing their own entries Congress passed the Mickey Mouse Protection Act to keep the mouse’s copyright from expiring Leo Ryan is the only member of US Congress to have ever been killed in the line of duty. He was assassinated while investigating human rights violations at Jonestown. Congress added the “Under God” phrase to the Pledge of Allegiance during the Cold War. This symbolized the resistance to communists, who were atheists. Due to American Public Law 94 -479, by the 94 th Congress, George Washington is protected from being outranked by any officer in past, present, and future. Therefore if there’s a 6 star general, Washington is automatically upgraded to 7. When the British invaded Washington in 1814, they held a mock session of Congress. They voted whether or not they should burn the city to the ground. Soldiers unanimously agreed in favor of the motion

Article I House of Representatives 435 members + 6 non-voting members 2 yr terms – all up @ same time Reapportioned every 10 yrs Redistricting / Gerrymandering 25 yrs old, citizen for 7, live in state Organized by party Leaders & Whips Speaker of House – Nancy Pelosi Minority Leader – Steny Hoyer Strict Rules Senate 100 members 6 yr terms – staggered terms 30 yrs old, citizen for 9, live in state Organized by party Leaders & Whips President Pro Tempore – Chuck Grassley Majority leader – Mitch Mc. Connell Minority Leader- Charles Schumer Loose Rules – run more by custom

Views of Congress Partisan – deeply split along party lines Public opinion polls are show low approval ratings for the institution but high satisfaction with individual members…. homestyle vs hillstyle work Homestyle – elected officials working on behalf of their constituents (people who live in their district or state) – this type of work is intended to win support and trust from people at home Hillstyle – elected officials working on legislation with parties and leadership to create and pass laws Gallup Poll from Last Week – Do you approve or disapprove of the way Congress is handling its job: 20%

Functions of Congress Article I, Section I: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives” Bicameral Congress was a result of Connecticut Compromise Also reflect social class bias of founders – House elected by the people but Senate elected by state legislatures (likely members of the elite) - changed with 17 th Amendment Functions of Congress Lawmaking Representation Service to constituents Oversight Public Education Conflict Resolution

Lawmaking Function – decisions about size of federal budget, health care reform, gun control laws, etc Many bills originate in Executive Branch or with interest groups – Others are traceable back to IGs or political party organizations HOWEVER – ONLY members of Congress may actually introduce (or sponsor) a bill Leads to logrolling & compromise Logrolling – agreeing to support another person’s bill in exchange for support on your bill – I’ll scratch your back if you scratch mine Most bills require majority approval by both chambers but some require 60 votes in the Senate or 2/3 in both

Representation Function Trustee-View – act in accordance with the broad interests of entire society – occasionally requires them to vote against the views of constituents – for best interests of country Instructed-Delegate View – mirror the views of majority of constituents – this requires the assumption that constituents are well informed

Service to Constituents Members of Congress are elected to be their district's or state’s “face” in government and are expected to work on behalf of their constituents – called casework Casework examples: tracking down a Social Security check, helping someone’s disability application get approved, talking to constituents about concerns or confusion about particular bills, promote businesses in their districts or state Also called Ombudsperson – looking into/investigating a private citizens complaints or concerns about a bureaucracy agency Members of Congress find it very hard to act against something the benefits their constituents Example: During an economic downturn, both parties voted to reduce the amount of money withheld from citizens’ paychecks for Social Security because it would have an immediate benefit to their constituents – even though the long-term consequence is Social Security becoming insolvent by 2034

Oversight Function Oversees bureaucracy & follows up with passed laws to ensure enforcement and administration in way Congress intended Oversight done through following methods: Holding committee hearings Performing investigations Changing size of agency's budget Cross-examining presidential nominees to major agencies Establishing special commission to investigate a problem Seen as increasingly important service to constituents

Public Education & Conflict Resolution Public Education Function Holding of public hearings & overseeing bureaucratic functions Committee & Floor Debates on major issues Presents wide range of viewpoints to the public Conflict Resolution Function Address national problems – allows access by groups seeking to air grievances or ask for help Builds public support when an actual resolution is reached Builds frustration when no solution is reached

Congress – Who Are They? They are whiter, richer, more Christian, and more male than American population.

Political Party House of Representatives Democrats: 235 Republicans: 199 Senate Republicans: 53 Democrats 47

116 th Congress – Gender House of Representatives: • 106 Women • 328 Men United States Senate • 29 Women • 71 Men

116 th House United States Senate 2 African Americans 4 Hispanic/Latinos 1 Asian/Pacific Islander American 0 Native Americans 93 White 3 Foreign Born

th 116 Age House -

th 116 House LGBTQ

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In 1985, when Frank Zappa testified before Congress to protest the censorship of rock lyrics, he famously told Congress "they were treating dandruff by decapitation" When Walter Washington became the first Mayor of Washington DC, he also became the first African American mayor of any major city in the US. Either the President or Congress can declare someone an honorary citizen of the United States. This has only been done 7 times Congress originally voted to pay George Washington $25, 000 per year. He turned it down to maintain his image has being a public servant but later accepted it in order to prevent the presidency from being restricted to wealthy individuals who can afford to serve without pay Between 2008 and 2010, 30 American corporations spent more money lobbying than they did paying taxes. In fact, it was found that on average they spent nearly half a million dollars…per day

Powers of Congress Expressed Powers Tax, Money, Trade, Declare War, Copyrights, etc Implied Powers – “Necessary & Proper” Clause Paying for things Checks & Balances Amendments Impeachment Appointments Treaties Investigatory Powers

Powers of Congress Constitution is very specific and very vague about the powers of Congress. Most enumerated (or expressed) powers are listed in Article 1, Section 8 of USC Enumerated Powers include Impose taxes & import tariffs Borrow funds Regulate interstate commerce & international trade Establish naturalization procedures Make laws regulating bankruptcies Coin & print money & regulate its value Establish standards of weights and measures Punish counterfeiters

More Enumerated Powers in Article I Establish post offices & postal routes Regulate copyrights and patents Establish the federal court system Punish illegal acts on high seas Declare war Raise & regulate an army and navy Call up and regulate state militias to enforce laws, suppress insurrections, stop invasions Govern the District of Columbia MOST IMPORTANT DOMESTIC POWER: power of the purse (to tax) MOST IMPORTANT FOREIGN POWER: to declare war

Other Expressed Powers in USC Establish rules & punishment for its own members – including expulsion from the chamber (w/ 2/3 vote) Regulate the electoral college Override a presidential veto – 2/3 vote of each chamber needed Regulate SCOTUS’s authority to review cases decided by the lower courts Regulate relations among states Propose amendments to the Constitution

Powers Specific to the Senate Advise on & consent to ratification of treaties Confirmation or rejection of presidential appointees – ambassadors, SCOTUS justices, and “all other officers of the United States” (Secretaries of Departments) Serve as jury and judge in federal impeachments – except with POTUS – then they are the jury & the Chief Justice serves as ‘judge’

Constitutional Amendments Adding Powers 12 th Amendment – Congress must certify the election of POTUS/VPOTUS or choose these officers if no candidates reach 270 electoral votes 16 th Amendment – collect an income tax 20 th Amendment – if President-elect dies after the election but before taking office, VPOTUS-elect serves as acting President until Congress chooses POTUS 25 th Amendment – establishes presidential line of succession, requires majority approval of both chambers if VPOTUS is replaced due to death or resignation, allows POTUS (with Congressional notification) to temporarily resign from Presidency, allows VPOTUS, Executive Cabinet, and 2/3 of BOTH chambers to remove POTUS from office if he is deemed unfit to fulfill his duties.

Necessary & Proper Clause Under Article 1, Section 8, Congress has the power “[t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” Also called the Elastic Clause – the powers of Congress can stretch to fit whatever job needs to be done by them – even if the USC doesn’t specifically give them the power – these are their implied powers

Major Checks on Congress Presidential Veto SCOTUS ruling of law passed by Congress as unconstitutional 2 year House terms Disagreement on bills between House & Senate (they can check each other) Not many checks b/c they are meant to be most power branch of government – they are “the people’s branch”

Differences US House of Representatives Constitutional Differences: Membership: individual districts Terms: 2 year, simultaneous Elections: originally by voters Impeachment: may impeach (indict federal officials) Process & Culture: Size: 435 Rules: more formal Debate: limited Specific Powers: All revenue ($$$) bills originate in the House United States Senate Constitutional Differences: Membership: entire state Terms: 6 year, staggered Elections: originally by state legislatures Impeachment: may convict federal officials of impeachable offenses Process & Culture: Size: 100 Rules: fewer rules & restrictions Debate: extended Specific Powers: Advise POTUS on, & consent to, presidential appointments and treaties

Debate Differences House – stricter time limits on floor debate (decided by Rules Committee) – debate rules vary by bill Senate – rules on debate are less restrictive – For legislation to reach floor of Senate, it must have approved rules of debate by Unanimous Consent Agreement – all Senators must agree to the vote Senators can filibuster a bill by holding the floor of debate to delay voting – long enough that the Majority Leader gets annoyed or bored and pulls the bill from the floor – ending the possibility of a vote Filibusters can be ended by the Senator that is speaking ending it personally, or by cloture vote Cloture vote – limiting debate to only 2 days (30 hours) – requires initial signed petition of 16 Senators, then vote of 60 for approval – if 60 votes can’t be reached – parties may consider “nuclear option” Nuclear option – using a simple majority to change a Senate rule (like how many votes it takes to invoke cloture and end a filibuster)

State of the Union Bingo Fill in your SOTU Bingo Card with 24 of the following possibilities in PEN – then, watch the SOTU between now and Monday to fill in your BINGO card. *Mentions Venezuela *Uses nickname for a Dem *Mentions Kim Jong-Un *Terrific *Mentions creating jobs *“It’s Huge” *Blames Dems for Shutdown *“Disaster” *Mentions Iran *“Believe Me” *Full audience standing ovation *Destroyed ISIS *Border Security *“I know more than” *“Fine People” *Full Republican Standing Ovation *“More than any president ” *“Send more troops to” *Gangs/Human trafficking/drug *Mentions China *Fake News *Mentions bringing business back *The Wall/Barrier *“So much winning” *Mentions minorities *Witch Hunt *Global Warming *Full Democrat Standing Ovation *“Bring troops home from” *Mentions LGBTQ *Mentions California Wildfires *Russia/Putin *Mentions Women *Mentions Hillary

Congressional Elections Candidates for both chambers may be self-selected – however – these are more difficult to find in districts or states where one party has been in power for a long time Reasons people run: To help their district or state Believe they would enjoy the job and status that comes with it Stepping stone to future political goals Campaigns & Elections Average cost of winning Senate campaign - $10. 2 million Average cost of winning House campaign – $1. 5 million In 2018 midterm elections – Ted Cruz & Beto O’Rourke spent $93 MILLION combined – WHAT? !? ! Funds include direct contributions from voters, PACs, and “soft money” – money funneled through political party committees that is not allocated to a specific candidate –

Congressional Elections Presidential Effects The strength & public support of sitting president can greatly enhance or hinder the same party’s ability to win midterm elections Midterm Elections – elections help 2 years into a sitting president’s term in office President’s party lost seats in every midterm 1942 -1998 – Dems won 5 additional seats (due to public displeasure over Republican threat to impeach Clinton) 2002 – Republicans gained 5 seats (due to GWB response to 9/11 2010 – Republicans gained more than 60 seats (aided by newly formed Tea Party) – largest ever gain in modern history 2018 – Dems gained 40 seats – took control of the House Incumbency Effect – Once a Representative or Senator is elected, they have an 81% of being elected to a 2 nd term That jumps to over 90% if they when their second bid for election No term limits in Congress – longest serving Senator: Robert Byrd (51 y, 5 m, 26 d) / Rep: John Dingell (60 years)

Congressional Elections & Apportionment Conducted by state governments – but they must conform to the rules established by USC HOR – chosen every 2 years by popular vote in each districts Districts are reapportioned every 10 years following census results Each district has roughly 650, 000 -750, 000 people Gained 4 Texas Gained 2 Florida Gained 1 Arizona Georgia Nevada South Carolina Utah Washington No Change 32 states Lost 1 Illinois Iowa Louisiana Massachusetts New Jersey Michigan Missouri Pennsylvania Lost 2 New York Ohio Each state must have at least 1 Representative (and 2 Senators) Senate – chosen every 6 years by popular vote (due to 17 th Amendment) Results following 2010 Reapportionment

Election to Congress Apportionment – distribution among states based on population – Reapportionment can occur every 10 years following the census Gerrymandering – redrawing congressional districts to favor one political party over another

Gerrymandering Created by Elbridge Gerry, governor of Massachusetts, in 1812 elections A district is “gerrymandered” when the shape has been significantly altered by the dominant party in a state legislature to maximize benefit for majority party Decisions are often made by small group of political leaders within each state legislature’s majority party – They spread out majority party districts and pack minority party voters into as few districts as possible. SCOTUS challenges have occurred periodically but SCOTUS has said that it will not address or rule on purely political gerrymandering claims.

Gerrymandering – Types of Districts: Non-Partisan districts have been adopted by a few states (Arizona, Iowa, Minnesota) and are simple/equal splits in population of a state that usually follow county lines Minority-majority districts - drawn to maximize voting power of minorities & elect minority representatives OK’d by Voting Rights Act of 1965 and Justice Department in 1990 s Ruled against it in 1995 because it violates the Equal Protection Clause of USC & said that when state assigns districts on basis of race, “it engages in the offensive and demeaning assumptions that voters of a particular race, because of their race, think alike, share same political interests, and will prefer the same candidates at the polls” SCOTUS continues to have gerrymandering cases regarding race brought before it

Gerrymandered Districts

Maryland – 3 rd District

North Carolina 4 th

Texas 35 th District

More Random Congress Tidbits In 2 year term, Congress has about 10, 200 bills introduced - 1%-5% of bills are passed during term – THAT’S A GOOD THING! In 1970, the US Postal Service decided on a strike after a Congressional decision to raise the wages of postal workers by only 4%. At the same time Congress raised its own pay by 41% Current Salary of member of Congress: $174, 000 for norms, $193, 400 for Leadership, $223, 500 for SOTH In 1986, US Congress passed a bill to impose sanctions against South Africa because of apartheid. Reagan vetoed it, but Congress overrode his veto. This foreign policy override was the first of its kind in the 20 th century. The word “Idaho” is completely meaningless. The lobbyist who suggested the name lied about it being a Shoshone word for “gem of the mountains” and congress didn’t bother verifying the claim. The 27 th amendment to the Constitution, which restricts the ability of Congress to raise its own pay, was ratified in 1992, more than 200 years after the first state approved it in 1789 Shirley Chisholm became in 1968, the first African-American woman elected to Congress and survived 3 assassination attempts in 1972, while being the first major-party black candidate for President of the

Article 1 Section 9 – Powers Denied to Federal Government 1. Ending Slave Trade Congress could not ban the slave trade before 1808. 2. Habeas Corpus A writ of habeas corpus requires a law official to bring a prisoner to court and show cause for holding the prisoner. The writ may be suspended only during wartime. 3. Bills of Attainder Congress cannot pass any bill of attainder or ex post facto laws. A bill of attainder is a bill that punishes a person without a jury trial and an ex post facto law is a law that makes an act a crime after the act has been committed. 4. Direct Taxes Congress was initially forbid from collected taxes directly from Americans. However, the 16 th Amendment gave Congress the ability to pass an income tax.

Article 1 Section 9 – Powers Denied to Federal Government 5. Tax on Exports Congress may not tax goods that move from one state to another. 6. Uniformity of Treatment Congress may not favor one state or region over another. However, since all money bills must originate in the House of Representatives, it is possible for this to happen if a large state or geographic region can get together on an issue. 7. Appropriation Law All of the President’s expenditures must be made with the permission of Congress. 8. Titles of Nobility This clause prevents the development of a nobility in the United States.

Perks & Privileges of Congress Franking Mailing newsletters, surveys, and other correspondence to constituents for FREE Professional Staff Each elected official has a staff of clerks and secretaries that deal with media, drafting legislation, constituent requests Average Senate Office: 30 staff members Average House Office: 18 Members Privileges & Immunities Under Law Cant be arrested during Congressional session or when traveling to or from Congress unless for treason, felony, breach of peace Can’t be sued for libel or slander for anything said in connection to official duties Congressional Caucuses All members belong to at least one caucus Sources of support, information, and strategy for members

Committees Leadership – held my majority party members – usually based on seniority Set agendas, assign members to subcommittees Membership – Percentage of Dems/Reps is based on percentage of Dem/Reps in each house Members try to serve on committees where they can have most influence for their state Types of Committees – Standing – permanent – agriculture, energy, natural resources, veteran’s affairs Select – temporary – has specific purpose, for investigation of one issue (Watergate, Clinton Emails) Joint – permanent or temporary - members of both houses - Iran Contra (temp), Library of Congress (routine) Conference – temporary – members of both houses – resolves differences between House & Senate versions of a bill – aka compromise committee

Committees in Each Chamber House of Representatives Senate 21 Standing Committees 104 Subcommittees 68 Subcommittees 1 Select Committee 4 Select Committees 4 Joint Committees Each Representative belongs to 1 to 3 Committees Each Senators belongs to 4 to 7 Committees Whoever has the most seniority on a committee, and belongs to the majority party, usually can become the Chairperson

BILL IS DRAFTED Congresspersons, Senators, Executive Branch, Outside groups (IGs, PACs, Parties, etc) can write the bill DIES BEFORE INTRO IF NO SPONSOR IS FOUND HOUSE Intro SENATE Intro Bill is introduced (can only be done by a member)–placed in hopper, given number, printed assigned to a committee-then immediately assigned to subcommittee Bill is introduced (can only be done by a Senator) –given number, entered in journal, printed -assigned to a committee-then immediately assigned to subcommittee – CAN BE STOPPED HERE IF NOT ASSIGNED TO COMMITTEE

SUBCOMMITTEE Members study/research the bill, hold hearings, debate provisions – marks up the bill. If it passes – it goes back to full committee CAN BE STOPPED HERE IF HEARINGS ARENT SCHEDULED OR SUBCOMMITTE VOTES NO COMMITTEE Considered by full committee – if approved – it goes to Rules Committee IF NOT APPROVED BY COMMITTEE IT DIES HERE CAN BE STOPPED HERE IF HEARINGS ARENT SCHEDULED OR SUBCOMMITTE VOTES NO COMMITTEE Considered by full committee – if approved – placed on legislative calendar – needs unanimous consent to go to floor IF NOT APPROVED BY COMMITTEE IT DIES HERE

Rules Committee Rules for debate, amendments, etc are assigned – put on schedule– sent to full house or Committee of the Whole (allows consideration with only 100 members present) No Rules Committee Senate CAN DIE HERE IF NEVER SCHEDULED Full House or Full Senate Committee of the Whole Debate the bill, amendments made, filibusters/holds could stop bill- it goes to conference committee - if different from House version House debates bill – amendments can be made – if different from Senate then it goes to conference committee DIES HERE IF IT DOESN’T PASS THE VOTE

CONFERENCE COMMITTEE If House & Senate bills are different (amendments/additions/revisions/etc) – it comes to Conference Committee to be discussed between House and Senate members. Committee develops compromises on bill then is sent back to House & Senate for final votes. CAN DIE HERE IF COMPROMISE CANT BE REACHED BTWN HOUSES House Approval Senate Approval Final vote for passage of bill from House Final vote for passage of bill from Senate DIES IF NOT PASSED BY VOTES IN BOTH HOUSES

PRESIDENT’S DESK Once the bill reaches the president’s desk, there are 4 possible outcomes for the bill. SIGNS VETO Bill becomes law once POTUS signs POTUS vetoes the bill – dies without override VETO Override Congress can override veto w/ 2/3 vote in each house WAIT – BECOME S LAW WAIT – POCKET VETO POTUS can wait 10 days & bill will automatically become law IF Congress is still in session after 10 days POTUS can wait 10 days & bill will be pocket vetoed IF Congress is NOT in session after 10 days – Congress can start over next session if they want