Chapter 11 Congress: Balancing National Goals and Local Interest

2003

Congress faced the reality of a ballooning federal deficit that was the product of a slow economy,

steep tax cuts, increased spending on social services, and the rising costs of military operations abroad.

The appropriations (spending) bill that was forged in Congress contained more than $20 Billion

worth of new spending on Pork – Barrel projects.

For Example, $50 Million was designated for construction of a rain forest exhibit in the state of Iowa. The bill was sponsored by

Senator Charles Grassley, a Republican with a reputation for fiscal conservatism. He

argued that the rain forest project would be good for Iowa and good for the country.

This story illustrates the dual nature of Congress: it is both

a lawmaking institution for the country and a

representative assembly for states and districts.

Members of Congress have both an individual duty to serve the interests of their

separate constituencies and a collective duty to protect

the interest of the nation as a whole.

Chapter 11 Main IdeasChapter 11 Main Ideas Congressional elections tend to have a strong local orientation and Congressional elections tend to have a strong local orientation and

tend to favor incumbents.tend to favor incumbents. Congress is organized in part along political party lines; its collective Congress is organized in part along political party lines; its collective

leadership is provided by party leaders of the House of leadership is provided by party leaders of the House of Representatives and the Senate.Representatives and the Senate.

The work of Congress is done mainly through its committees and The work of Congress is done mainly through its committees and subcommittees, each of which has its leader (a chairperson) and its subcommittees, each of which has its leader (a chairperson) and its policy jurisdictionpolicy jurisdiction. .

Congress is limited by the lack of direction and organization usually Congress is limited by the lack of direction and organization usually

necessary for the development of comprehensive national policies. necessary for the development of comprehensive national policies. Congress looks to the president to initiate most broad policy programs Congress looks to the president to initiate most broad policy programs but has a substantial influence on the timing and content of those but has a substantial influence on the timing and content of those programs.programs.

Congress’s policymaking role is based on three major functions: Congress’s policymaking role is based on three major functions: lawmaking, representation, and oversight.lawmaking, representation, and oversight.

Congress As A Career: Election To Congress

Early Congress: Nearly ½ the seats changed hands regularly.

Most members left voluntarily (travel problems).

National Government was not the center of power and politics.

Modern Congress: Most members of Congress are professional politicians.

Salaries are reasonably good ($150,000 / year).

Prestige of their office is substantial (especially the Senate).

A long career is the goal of most members (re-election is of highest priority).

Using Incumbency To Stay In Congress

Incumbent – holder of a public office.

Incumbents have a high probability of being reelected (95% of House / 90% Senate). The reason is that many congressional districts and a few states are so lopsidedly Democratic or Republican that the candidate of the weaker party has little or no realistic chance of victory.

An incumbent promotes his or her reelection prospects by catering to the constituency: the body of citizens eligible to vote in their state or district.

Incumbent Advantages

1. Pork Barrel Projects – Laws whose tangible benefits are targeted at a particular legislators

constituency.

Ex. - Special projects for a particular locale (highways / hospitals)

2. Service Strategies – Each House member receives an office allowance of $750,000 / year, which supports a personal staff of fifteen to

twenty full-time staff members. These Congressional staffers spend

most of their time not on legislative matters but on constituency service and public relations – things that pay off on election day.

3. Campaign Funds – Incumbents have a decided advantage when it comes to raising campaign funds.

Price of Victory:House more than $1 Million. Senate - up to $15 Million.

The Pitfalls of The Pitfalls of IncumbencyIncumbency

1.1. Troublesome IssuesTroublesome Issues - Disruptive issues are - Disruptive issues are a a potential threat to incumbents. potential threat to incumbents. Most Most elections are not waged in elections are not waged in the context of the context of such issues, but such issues, but when they exist, when they exist, incumbents are incumbents are at greater risk. at greater risk. (economic and (economic and social conditions)social conditions)

2.2. Personal MisconductPersonal Misconduct – Members of – Members of Congress can Congress can fall prey to scandal. fall prey to scandal.

Democratic Rep. Gary Condit – Democratic Rep. Gary Condit – Romantically Romantically linked to Chandra Levy who linked to Chandra Levy who was missing and was missing and later found dead. Condit later found dead. Condit was defeated.was defeated.

The Pitfalls of The Pitfalls of IncumbencyIncumbency

3. 3. Redistricting: A Problem for House Redistricting: A Problem for House MembersMembers

Every ten years, after each population Every ten years, after each population census, the 435 seats in the House are census, the 435 seats in the House are

reallocated among the states in proportion reallocated among the states in proportion to their population. This process in called to their population. This process in called

reapportionmentreapportionment. The responsibility for . The responsibility for redrawing House election districts after a redrawing House election districts after a

reapportionment – a process called reapportionment – a process called redistricting – rests with the State redistricting – rests with the State

governments. States are required by law to governments. States are required by law to make their districts as nearly equal in make their districts as nearly equal in

population as possible. population as possible. GerrymanderingGerrymandering – – the process by which the party in power the process by which the party in power

draws election district lines in a way that is draws election district lines in a way that is to the advantages of its candidates. to the advantages of its candidates.

Constitutional Constitutional Requirements for Requirements for

Serving In CongressServing In CongressRepresentativesRepresentatives ““No person shall be No person shall be

a Representative a Representative who shall not have who shall not have attained to the age attained to the age of twenty-five of twenty-five years, and been years, and been seven years a seven years a citizen of the citizen of the United States, and United States, and who shall not, who shall not, when elected, be when elected, be an inhabitant of an inhabitant of that State in which that State in which he shall be he shall be chosen.”chosen.”(Article 1, Section 2)(Article 1, Section 2)

SenatorsSenators ““No person shall be No person shall be

a Senator who a Senator who shall not have shall not have attained to the age attained to the age of thirty years, and of thirty years, and been nine years a been nine years a citizen of the citizen of the United States, and United States, and who shall not, who shall not, when elected, be when elected, be an inhabitant of an inhabitant of the State for the State for which he shall be which he shall be chosen.”chosen.”(Article 1, Section 3)(Article 1, Section 3)

Congressional Congressional LeadershipLeadership

The Speaker of the House and the other top leaders in The Speaker of the House and the other top leaders in Congress are crucial to its operation, but unlike their Congress are crucial to its operation, but unlike their counterparts in European legislatures, they cannot counterparts in European legislatures, they cannot demand the loyalty of the members they lead. The demand the loyalty of the members they lead. The result is an institution in which the power of the top result is an institution in which the power of the top leaders rests on the willingness of other members to leaders rests on the willingness of other members to support them.support them.

Party Caucus - A group that consists of a party’s Party Caucus - A group that consists of a party’s members in the House and Senate and that serves to members in the House and Senate and that serves to elect the party’s leadership, set political goals, and elect the party’s leadership, set political goals, and determine party strategy. (Automatic membership)determine party strategy. (Automatic membership)

Party Leaders – Members of the House or Senate who Party Leaders – Members of the House or Senate who are chosen by the Democratic or Republican caucus are chosen by the Democratic or Republican caucus in each chamber to represent the party’s interest in in each chamber to represent the party’s interest in that chamber and who give some central direction to that chamber and who give some central direction to the chamber’s deliberations.the chamber’s deliberations.

The House LeadershipThe main party leaders in the House are the Speaker, majority

party leader, majority whip, minority leader and the minority whip. The Constitution provides only for the post of Speaker.

The Speaker of the House is to be elected by the members of the House. In practice, this means that the Speaker will be a member of the majority party, because it has enough votes to ensure that one of its own members is chosen.

Speaker’s Formal Powers

1. Right to speak first on legislation during debate.2. Controls the power to recognize speakers.3. Gives members permission to speak.4. Chooses the chairperson and the members of the House Rules Committee. (controls debate of bills)5. Can delay sending bills to the floor for debate (until there is

enough support for it to pass).

Speakers’ Major Powers

The Speaker can limit debate, influence voters because of sheer numbers, and presides over a House that carries a lesser feeling of a “chamber of equals” than the Senate. For these reasons, the Speakers’ powers are greater than those of the Senate Majority leader.

The Senate LeadershipThe Senate LeadershipIn the Senate, the most important party leadership In the Senate, the most important party leadership

position is that of the majority leader, who heads the position is that of the majority leader, who heads the majority-party caucus. The majority leader’s role is majority-party caucus. The majority leader’s role is much like that of the Speaker of the House in that much like that of the Speaker of the House in that the Senate majority leader formulates the majority the Senate majority leader formulates the majority party’s legislative agenda.party’s legislative agenda.

Senate Majority LeaderSenate Majority Leader

1. 1. Not the chambers presiding officer.Not the chambers presiding officer.

Constitution gives that right to the Vice Constitution gives that right to the Vice President.President.

The Vice President is allowed to vote in the The Vice President is allowed to vote in the Senate Senate only to break a tie. only to break a tie.

The President Pro Tempore presides over the The President Pro Tempore presides over the Senate in Senate in the absence of the V.P. the absence of the V.P.

(Largely an honorary position held by (Largely an honorary position held by majority party’s majority party’s senior member.) senior member.)

The Senate LeadershipThe Senate Leadership

2. 2. Has limited power because Has limited power because each senator has the right to each senator has the right to speak at any length on bills.speak at any length on bills.

3. 3. Schedules bills for debate.Schedules bills for debate.

The power of all party leaders, in The power of all party leaders, in the Senate and the House alike, the Senate and the House alike, rests largely on the trust placed rests largely on the trust placed

in them by the members of in them by the members of their party.their party.

The Committee SystemThe Committee System

Most of the legislative work of Most of the legislative work of Congress takes place in the meetings Congress takes place in the meetings of its thirty-five standing (permanent) of its thirty-five standing (permanent) committees and their numerous committees and their numerous subcommittees, each of which is subcommittees, each of which is handled by a chairperson.handled by a chairperson.

Standing CommitteesStanding Committees – Permanent – Permanent congressional committees with congressional committees with responsibility for a particular area of responsibility for a particular area of public policy. (Ex. – The Senate public policy. (Ex. – The Senate Foreign Relations Committee)Foreign Relations Committee)

The Committee SystemThe Committee System

Select CommitteesSelect Committees – Created to perform a specific task. – Created to perform a specific task. Senate Select Committee on Intelligence – Oversees Senate Select Committee on Intelligence – Oversees the CIA.the CIA.

Joint CommitteesJoint Committees – Composed of members of both houses / – Composed of members of both houses / performs advisory or coordinating functions.performs advisory or coordinating functions.

Joint Committee on the Library – oversees the Joint Committee on the Library – oversees the largest largest library in the world.library in the world.

Conference CommitteeConference Committee – Joint committees formed – Joint committees formed temporarily to work out differences in House and temporarily to work out differences in House and Senate Senate versions of a particular bill.versions of a particular bill.

About ten thousand bills are introduced during each two-About ten thousand bills are introduced during each two-year session of Congress. The sheer volume of legislation year session of Congress. The sheer volume of legislation would paralyze the system if it did not have a division of would paralyze the system if it did not have a division of

labor.labor.

Committee MembershipCommittee Membership

Each committee is made up of Democrats and Each committee is made up of Democrats and Republicans, but the majority party holds the Republicans, but the majority party holds the majority of seats on each committee and its majority of seats on each committee and its subcommittee. subcommittee.

Members of the House typically serve on two Members of the House typically serve on two

major committees and no more than five major committees and no more than five subcommittees.subcommittees.

Each standing committee has a fixed number Each standing committee has a fixed number of members, and a committee must have a of members, and a committee must have a vacancy for a new member to be added.vacancy for a new member to be added.

Committee JurisdictionCommittee Jurisdiction – The policy area in which – The policy area in which a particular congressional committee is a particular congressional committee is authorized to act. This is the major source of authorized to act. This is the major source of the committee’s power.the committee’s power.

How A Bill Becomes A Law Bill – A proposed law (legislative act) within Congress or

another legislature.

Many bills are prepared by executive agencies, interest groups, or other outside parties, but members of Congress also draft bills, and only they can formally submit a bill for

consideration by their chamber.

Committees kill more than 90% of the bills submitted in Congress. Most bills die in committee because they are of little interest to anyone other than a few members of Congress or are so poorly conceived that they

lack merit. Some bills are not even supported by the members who introduce them. They only introduce them to appease a powerful

constituent group, then quietly withdraw their support.

Some bills are “marked up” in both the House and the Senate. That is, the bills are revised.

If the majority of the committee votes to recommend passage of the bill, it is referred to the full chamber

for action. The House Rules Committee then decides how long the debate will last, when the bill

will be voted on and closed or open rule (amendments or no amendments). The Senate also

has a rules committee, but it is less powerful.

All Senate bills are subject to unlimited debate unless a three-fifths majority of the full Senate votes for

cloture, which limits debate to thirty hours. Cloture is a way of thwarting a Senate filibuster, a

procedural tactic whereby a minority of senators prevent a bill from coming to a vote by holding the

floor and talking until other senators give in and the bill is withdrawn from consideration.

Filibuster

Senator Thurmond stands as the oldest and longest serving

Senator in U.S. history with 48

years at the age of 100.

Republican from South Carolina

• Unlike the House, any senator can propose any amendment to any bill. Senate amendment proposals do not have to be germane to the bills topic. A senator may propose an antiabortion amendment to a bill dealing with defense expenditure. Such and amendment is called a rider.

• Rider – An amendment to a bill that deals with an issue unrelated to the content of the bill.

Conference Committees and the President

• An important ingredient in Congressional action is – Party Discipline – the willingness of a party’s House or Senate members to act together as a cohesive group and exert collective control over legislation.

• For a bill to pass, it must receive a simple majority (50% plus one) of the House or Senate members voting on it. To become law, however, a bill must be passed in identical form by both the House and the Senate.

• Legislation that is passed by the House and the Senate is not assured of becoming law. The president also plays a role. If the president signs the bill, it becomes law – a legislative proposal that is passed by both the House and the Senate and is either signed or not vetoed by the president. If the president exercises the veto, a rejection of the bill, the bill is sent back to its originating chamber with the president’s reasons for the veto. Congress can override a veto with two-thirds vote of each chamber – bill then becomes law.

• If the president fails to sign a bill within ten days (Sunday exempted) and Congress has remained in session, the bill automatically becomes law anyway. If the president fails to sign a bill within ten days and Congress has adjourned for the term, the bill does not become law. This situation is called a pocket veto.

Congress’s Policy Making Role

• The Framers of the Constitution expected Congress to be the leading branch of the national government. It was to be the legislature – the embodiment of representative government- that the people were expected to look to for policy leadership.

• Congress’s policy making role revolves around three legislative functions: lawmaking, representation, and oversight. In practice, the three functions overlap, but they are conceptually distinct.

The Lawmaking Function of Congress

• Under the Constitution, Congress is granted the lawmaking function: the authority to make the laws necessary to carry out the powers granted to the national government. In other words, Congress has the power to enact legislation.

• Congress is structured in a way that makes agreement on large issues difficult to obtain. Neither the House nor the Senate can enact legislation without the other’s approval, and the two chambers are hardly two versions of the same thing.

• Congress is biased towards blocking legislation rather than passing it.

The Lawmaking Function of Congress

Broad Issues

• Congress often has difficulty taking the lead on broad issues of national policy. The presidency is better suited to the task of addressing broad issues. First, whereas Congress’s authority is divided, the presidency’s authority is not. Executive power is vested constitutionally in the hands of a single individual – the president.

• Most of the legislation passed by Congress is “distributive” – that is, it distributes benefits to a particular group while spreading the costs among the general public. Veterans’ benefits and business tax incentives are examples. Such legislation, because it directly benefits a constituent group or special interest group, is the type of policy that members of Congress are most inclined to support.

The Representation Function of Congress

• Representation Function – The responsibility of a legislature to represent various interests in society.

• A recurrent issue has been whether the primary concern of a representative should be the interest of the nation as a whole or those of his or her own constituency.

• Logrolling – the trading of votes between legislators so that each gets what he or she most wants.

• However, partisanship is the main source of division within Congress. Real and substantial differences between members of the two parties often results in their voting on party lines on the opposite sides of legislative issues. In the past two decades, party-line voting has been relatively high.

The Oversight Function of Congress

Oversight Function – A supervisory activity of Congress that center on its constitutional responsibility see that the executive branch carries out the laws faithfully and spends appropriations properly.

** Carried out largely through the through the committee system of Congress.

Examples:

“Legislative Veto” - Requires that an executive agency have the approval of Congress before it can take a specified action. (Legislative vetoes are under challenge as an unconstitutional infringement on executive authority; their future is unclear).

The Oversight Function of Congress

Most federal programs have their funding reviewed every year.

Sunset Law – A law containing a provision that fixes a date on which a program will end unless the program’s life is extended by Congress.

Limit to Oversight Function

Executive Privilege – The right to withhold confidential information affecting national security.