CHAPTER 11 CONGRESS

"If con is the opposite of pro, is congress the opposite of progress?

THEME A ‑ The Power of Congress in the American System

See Powers of Congress ‑ Article I, Section 8, US Constitution

Congress: the "first branch"Congress: the "first branch"

– This branch has considerable power This branch has considerable power – Many consider this branch to be the Many consider this branch to be the

one most badly in need of repair one most badly in need of repair – The puzzles, processes and actions of The puzzles, processes and actions of

this branch say a great deal about this branch say a great deal about America's representative democracyAmerica's representative democracy

Congress versus ParliamentCongress versus Parliament

– Parliamentary candidates are selected by party Parliamentary candidates are selected by party Members of Parliament select prime minister and other Members of Parliament select prime minister and other leaders leaders Party members vote together on most issues Party members vote together on most issues Renomination depends on loyalty to party Renomination depends on loyalty to party Principal work is debating national issues Principal work is debating national issues Very little power, very little payVery little power, very little pay

– Congressional candidates run in a primary election, Congressional candidates run in a primary election, with little party control with little party control

Vote is for the man or woman, not the party Vote is for the man or woman, not the party Result is a body of independent representatives Result is a body of independent representatives Members do not choose the president Members do not choose the president Principal work is representation and action Principal work is representation and action Great deal of power, high pay; parties cannot discipline Great deal of power, high pay; parties cannot discipline membersmembers

The Evolution of Congress The Evolution of Congress

– Intent of the Framers Intent of the Framers

To oppose concentration of power in a To oppose concentration of power in a single institution single institution

To balance large and small states: To balance large and small states: bicameralismbicameralism

– Traditional criticism: Congress is too slow Traditional criticism: Congress is too slow

Centralization needed for quick and Centralization needed for quick and decisive action decisive action Decentralization needed if congressional Decentralization needed if congressional constituency interests are to be dominantconstituency interests are to be dominant

Development of the HouseDevelopment of the House

Always powerful but varied in organization Always powerful but varied in organization and leadership and leadership – Powerful Speakers Powerful Speakers – Powerful committee chairmen Powerful committee chairmen – Powerful individual membersPowerful individual members

Ongoing dilemmas Ongoing dilemmas – Increases in size have lead to the need for Increases in size have lead to the need for

centralization and less individual influence centralization and less individual influence – Desire for individual influence has led to Desire for individual influence has led to

institutional weaknessinstitutional weakness

Development of the SenateDevelopment of the Senate

Structural advantages over the House Structural advantages over the House – Small enough to be run without giving authority to small Small enough to be run without giving authority to small

group of leaders group of leaders – Interests more carefully balanced Interests more carefully balanced – No time limits on speakers or committee control of debate No time limits on speakers or committee control of debate – Senators not elected by voters until this century Senators not elected by voters until this century

Chosen by state legislators Chosen by state legislators Often leaders of local party organizationsOften leaders of local party organizations

Major changes Major changes – Demand for direct popular election Demand for direct popular election

Intense political maneuvering and the Millionaire's Club Intense political maneuvering and the Millionaire's Club Senate opposition and the threat of a constitutional Senate opposition and the threat of a constitutional convention convention 17th Amendment approved in 191317th Amendment approved in 1913

– Filibuster restricted by Rule 22 - though tradition of unlimited Filibuster restricted by Rule 22 - though tradition of unlimited debate remainsdebate remains

Reassertion of Congressional Reassertion of Congressional Power in 1970sPower in 1970s

Reaction to Vietnam and Reaction to Vietnam and Watergate Watergate

War Powers Act of 1973 War Powers Act of 1973

Congressional Budget and Congressional Budget and Impoundment Act of 1974 Impoundment Act of 1974

Increased requirement for Increased requirement for legislative vetolegislative veto

THEME B ‑ Who Gets to Congress

WHO IS IN CONGRESS?

Sex and RaceYears of Service

Who is in CongressWho is in Congress– The beliefs and interests of members of Congress The beliefs and interests of members of Congress

can affect policy can affect policy – Sex and race Sex and race

House has become less male and less white House has become less male and less white Senate has been slower to change, but several blacks Senate has been slower to change, but several blacks and Hispanics hold powerful positionsand Hispanics hold powerful positions

– Incumbency Incumbency Low turnover rates and safe districts common in Low turnover rates and safe districts common in Congress before 1980s Congress before 1980s Incumbents increasingly viewed as professional Incumbents increasingly viewed as professional politicians and out of touch with the people by the politicians and out of touch with the people by the 1980s 1980s Call for term limits; however, natural forces were doing Call for term limits; however, natural forces were doing what term limits were designed to do by the mid-1990s what term limits were designed to do by the mid-1990s Influx of new members should not distort incumbents' Influx of new members should not distort incumbents' advantageadvantage

Who is in CongressWho is in Congress– Party Party

Democrats are beneficiaries of incumbency Democrats are beneficiaries of incumbency

Gap between votes and seats: Republican vote Gap between votes and seats: Republican vote higher than number of seats won higher than number of seats won

– One explanation: Democratic legislatures redraw One explanation: Democratic legislatures redraw district lines to favor Democratic candidates district lines to favor Democratic candidates

– But research does not support; Republicans run best But research does not support; Republicans run best in high turnout districts, Democrats in low turnout in high turnout districts, Democrats in low turnout ones ones

– Another explanation: incumbent advantage Another explanation: incumbent advantage increasing increasing

– But not the reason; Democrats field better But not the reason; Democrats field better candidates whose positions are closer to those of candidates whose positions are closer to those of votersvoters

Who is in CongressWho is in CongressAdvantages of incumbency for Advantages of incumbency for Democrats turn into disadDemocrats turn into disadvvantages antages by the 1990s by the 1990s

Republicans win control of Congress Republicans win control of Congress in 1994 in 1994

Republicans replace conservative Republicans replace conservative Democrats in the South during the Democrats in the South during the 1990s 1990s

More party unity, especially in the More party unity, especially in the House, since the 1990sHouse, since the 1990s

GETTING ELECTED TO CONGRESS

Determining Fair Representation – House Member Represents Approximately 670, 000 people

Gerrymander and Malaportionment

Malapportionment

Drawing the Drawing the boundaries of political boundaries of political districts so that districts so that districts are unequal districts are unequal in population.in population.

Gerrymander

Drawing the boundaries of Drawing the boundaries of political districts in bizarre or political districts in bizarre or unusual shapes to make it unusual shapes to make it easier for candidates of a easier for candidates of a particular party/ethnic group particular party/ethnic group to win to win

THEME C ‑ Congressional Organization and Procedures

1. Party Organization - SenateA. President pro tempore presides, member with most seniority in majority party.B. Leaders are the majority leader and minority leader — elected by party.C. Party whips — keep leaders informed, round up votes, count noses.

2. Party Organization - House. House rules give leadership more power.A. Speaker of the House is leader of the majority party- presides over house.

Decides whom to recognize to speak on floor.Rules on germaneness of motionsDecides to which committee bill goes.Appoints members of special and select committees.

B. Majority leader (floor leader) and minority leaderC. Party Whip

3. Opinion and interest groupings

4. Committees - Standing, Select, Conference, Staff, Staff Agencies

THE ORGANIZATION OF CONGRESS: PARTIES AND INTERESTS

CAUCUSES

Democratic Study Group (DSG)Conservative Democratic ForumsWednesday GroupCongressional Black CaucusState DelegationsSpecialized Caucuses

THE ORGANIZATION OF CONGRESS: STAFF AND SPECIALIZED OFFICES

Tasks of Staff MembersStaff Agencies

1. Congressional Research Service (CRS)2. General Accounting Office (GAO)3. Office of Technology Assessment (OTA)4. Congressional Budget Office (CBO)

HOW A BILL BECOMES LAW

Introducing a BillStudy by Committee - most bills die in committeeFloor Debate ‑ The House — Amendments must be germane. Closed rule sets time limit on debate.Floor Debate ‑ The Senate - Amendments need not be germane. Time limit only established by cloture to stop filibuster. 3/5 vote to end debate.

How a bill becomes a lawHow a bill becomes a law

– Bills travel through Congress at different speeds Bills travel through Congress at different speeds Bills to spend money or to tax or regulate business Bills to spend money or to tax or regulate business move slowly move slowly Bills with a clear, appealing idea move fastBills with a clear, appealing idea move fastExamples: "Stop drugs," "End scandal"Examples: "Stop drugs," "End scandal"

– Introducing a bill Introducing a bill Introduced by a member of Congress: hopper in House, Introduced by a member of Congress: hopper in House, recognized in Senate recognized in Senate Most legislation has been initiated in Congress Most legislation has been initiated in Congress Presidentially-drafted legislation is shaped by Congress Presidentially-drafted legislation is shaped by Congress Resolutions Resolutions

– Simple--passed by one house affecting that house Simple--passed by one house affecting that house – Concurrent--passed by both houses affecting both Concurrent--passed by both houses affecting both – Joint--passed by both houses, signed by president (except Joint--passed by both houses, signed by president (except

for constitutional amendments)for constitutional amendments)

How a bill becomes a lawHow a bill becomes a law

– Study by committees Study by committees Bill is referred to a committee for Bill is referred to a committee for consideration by either Speaker or consideration by either Speaker or presiding officer presiding officer Revenue bills must originate in the House Revenue bills must originate in the House Most bills die in committee Most bills die in committee Hearings are often conducted by several Hearings are often conducted by several subcommittees: multiple referrals subcommittees: multiple referrals (replaced by sequential referral system in (replaced by sequential referral system in 1995) 1995) Markup of bills--bills are revised by Markup of bills--bills are revised by committeescommittees

How a bill becomes a lawHow a bill becomes a law

Committee reports a bill out to the House or Committee reports a bill out to the House or Senate Senate

– If bill is not reported out, the House can use the If bill is not reported out, the House can use the discharge petition discharge petition

– If bill is not reported out, the Senate can pass a If bill is not reported out, the Senate can pass a discharge motiondischarge motion

House Rules Committee sets the rules for House Rules Committee sets the rules for consideration consideration

– Closed rule: sets time limit on debate and restricts Closed rule: sets time limit on debate and restricts amendments amendments

– Open rule: permits amendments from the floor Open rule: permits amendments from the floor – Restrictive rule: permits only some amendments Restrictive rule: permits only some amendments – Use of closed and restrictive rules growing Use of closed and restrictive rules growing – Rules can be bypassed by the House Rules can be bypassed by the House – No direct equivalent in SenateNo direct equivalent in Senate

How a bill becomes a lawHow a bill becomes a law

– Floor debate, House Floor debate, House Committee of the Whole--procedural device for expediting Committee of the Whole--procedural device for expediting House consideration of bills but cannot pass bills House consideration of bills but cannot pass bills Committee sponsor of bill organizes the discussionCommittee sponsor of bill organizes the discussion

– Floor debate, Senate Floor debate, Senate No rule limiting debate or germaneness No rule limiting debate or germaneness Entire committee hearing process can be bypassed by a Entire committee hearing process can be bypassed by a senator senator Cloture--sets time limit on debate--three-fifths of Senate must Cloture--sets time limit on debate--three-fifths of Senate must vote for a cloture petition vote for a cloture petition Both filibusters and cloture votes becoming more common Both filibusters and cloture votes becoming more common

– Easier now to stage filibuster Easier now to stage filibuster – Roll calls are replacing long speeches Roll calls are replacing long speeches – But can be curtailed by "double tracking"--disputed bill is shelved But can be curtailed by "double tracking"--disputed bill is shelved

temporarily--making filibuster less costlytemporarily--making filibuster less costly

Methods of Voting

Voice VoteDivision VoteTeller Vote (House Only)Roll Call

Bill, in final form, goes to the Bill, in final form, goes to the presidentpresident

– President may sign it President may sign it – If president vetoes it, it returns to If president vetoes it, it returns to

the house of origin the house of origin Either house may override the Either house may override the president by a vote of two-thirds president by a vote of two-thirds of those present of those present If both override, the bill If both override, the bill becomes law without the becomes law without the president's signaturepresident's signature

How a Bill How a Bill Becomes a Becomes a

LawLaw

THEME D

Does Congress Represent Constituents' Opinion?

1. Representative2. Organizational3. Attitudinal

Representational viewRepresentational view

Assumes that members vote to please their Assumes that members vote to please their constituents constituents Constituents must have a clear opinion of the issue Constituents must have a clear opinion of the issue – Very strong correlation on civil rights and social Very strong correlation on civil rights and social

welfare bills welfare bills – Very weak correlation on foreign policyVery weak correlation on foreign policyMay be conflict between legislator and constituency May be conflict between legislator and constituency on certain measures: gun control, Panama Canal on certain measures: gun control, Panama Canal treaty, abortion treaty, abortion Constituency influence more important in Senate Constituency influence more important in Senate votes votes Members in marginal districts as independent as Members in marginal districts as independent as those in safe districts those in safe districts Weakness of representational explanation: no clear Weakness of representational explanation: no clear opinion in the constituencyopinion in the constituency

Organizational view Organizational view

Assumes members of Congress vote to Assumes members of Congress vote to please colleagues please colleagues

Organizational cues Organizational cues – Party Party – IdeologyIdeology

Problem is that party and other Problem is that party and other organizations do not have a clear position organizations do not have a clear position on all issues on all issues

On minor votes most members influenced On minor votes most members influenced by party members on sponsoring by party members on sponsoring committeescommittees

Attitudinal viewAttitudinal view

Assumes that ideology affects a legislator's vote Assumes that ideology affects a legislator's vote

House members tend more than senators to have House members tend more than senators to have opinions similar to those of the public. opinions similar to those of the public. – 1970s: senators more liberal 1970s: senators more liberal – 1980s: senators more conservative1980s: senators more conservative

Prior to 1990s, southern Democrats often aligned Prior to 1990s, southern Democrats often aligned with Republicans to form a conservative coalition. with Republicans to form a conservative coalition.

Conservative coalition no longer as important since Conservative coalition no longer as important since most southerners are Republicansmost southerners are Republicans

Ideology and Civility in CongressIdeology and Civility in Congress

Members of Congress more sharply divided Members of Congress more sharply divided ideologically than they once were ideologically than they once were New members of Congress are more New members of Congress are more ideological ideological Members of Congress more polarized than Members of Congress more polarized than voters voters – Democrats more liberal/Republicans Democrats more liberal/Republicans

more conservative more conservative – Voters closer to center of political Voters closer to center of political

spectrumspectrumMembers of Congress (especially the Members of Congress (especially the House) do not get along as well as they House) do not get along as well as they once did once did

Reducing Power and PerksReducing Power and Perks

– Many proposals made to "reform" and "improve" Congress Many proposals made to "reform" and "improve" Congress – Common perception it is overstaffed and self-indulgent Common perception it is overstaffed and self-indulgent

Quick to regulate others, but not itself Quick to regulate others, but not itself Quick to pass pork barrel legislation but slow to address Quick to pass pork barrel legislation but slow to address controversial questions of national policy controversial questions of national policy Use of franking privilege to subsidize personal campaigns Use of franking privilege to subsidize personal campaigns

– Proposals to abolish it Proposals to abolish it – Proposals for restrictions on timing of mailings and a taxpayer Proposals for restrictions on timing of mailings and a taxpayer

"notice""notice"– Congressional Accountability Act of 1995 Congressional Accountability Act of 1995

For years Congress routinely exempted itself from many of the For years Congress routinely exempted itself from many of the laws it passed laws it passed Concern for enforcement (by Executive branch) and separation Concern for enforcement (by Executive branch) and separation of powers of powers 1995 Act 1995 Act

– Obliged Congress to obey eleven major laws Obliged Congress to obey eleven major laws – Created the Office of Compliance Created the Office of Compliance – Established an employee grievance procedureEstablished an employee grievance procedure

THEME E ‑ Ethics and Congress

ETHICS AND CONGRESS

1977 Code of Ethics

1. Financial‑Disclosure Statement2. Honoraria prohibited by House. Senate must be donated to a charity.3. House and Senate ‑ maximum of 15% of salary in outside earned income not including stocks and bonds.

Problem of defining unethical Problem of defining unethical conductconduct

Violation of criminal law is obviously unethical Violation of criminal law is obviously unethical – Since 1941, over one hundred charges of misconduct Since 1941, over one hundred charges of misconduct – Most led to convictions, resignations, or retirements Most led to convictions, resignations, or retirements – Ethics codes and related reforms enacted in 1978, Ethics codes and related reforms enacted in 1978,

1989, and 1995 have placed members of Congress 1989, and 1995 have placed members of Congress under tight rulesunder tight rules

Other issues are more difficult. Other issues are more difficult. – A substantial outside income from speaking and A substantial outside income from speaking and

writing does not necessarily lead to vote corruption. writing does not necessarily lead to vote corruption. – Personal friendships and alliances can have an undue Personal friendships and alliances can have an undue

influence on votes. influence on votes. – Bargaining among members of Congress may involve Bargaining among members of Congress may involve

exchange of favors and votes.exchange of favors and votes.

Summary: The old and the new Congress – Summary: The old and the new Congress – Since Second World WarSince Second World War

House has evolved thru three stages

Mid-1940s to early 1960s – Powerful committee chairs, mostly from the South – Long apprenticeships for new members – Small congressional staffs

Early 1970s to early 1980s – Growth in size of staffs – Committees became more democratic – More independence for members – Focus on reelection

Early 1980s to present – Strengthening and centralizing party leadership

Senate meanwhile has remained decentralized throughout this period

Self Test

For more information about this topic, link to the Metropolitan Community College Political Science Web Site

http://socsci.mccneb.edu/pos/polscmain.htm

http://www.house.gov

http://www.senate.gov