October 7, 2015October 7, 2015October 7, 2015 American Politics 1 Congress Frank Brooks.

April 21, 2023April 21, 2023 American PoliticsAmerican Politics 11

CongressCongress

Frank BrooksFrank Brooks

22April 21, 2023April 21, 2023

Congress: The Central BranchCongress: The Central Branch

Constitutional Language and HistoryConstitutional Language and HistoryRepublican Theory and Congress’ FunctionsRepublican Theory and Congress’ Functions Legislation – central to governing, sovereigntyLegislation – central to governing, sovereignty Representation – assemblies give “voice” to Representation – assemblies give “voice” to

populationpopulation Republican theory: representatives ought to legislateRepublican theory: representatives ought to legislate Republican practice: representation (narrow) v. Republican practice: representation (narrow) v.

legislation (broad)legislation (broad)

Theories of RepresentationTheories of Representation Descriptive/sociological (demographics)Descriptive/sociological (demographics) AgencyAgency

American PoliticsAmerican Politics

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How Representative Is How Representative Is Congress?Congress?

Consider Constitutional qualifications (Art. I, Secs. 2, 3)Consider Constitutional qualifications (Art. I, Secs. 2, 3) Age: 30 Senate, 25 House Age: 30 Senate, 25 House Citizenship: 9 years Senate, 7 years HouseCitizenship: 9 years Senate, 7 years House Congressmen should thus be established citizensCongressmen should thus be established citizens

Few other “sociological” restrictions (or requirements)Few other “sociological” restrictions (or requirements) No “religious test” (Article VI:3)No “religious test” (Article VI:3) No written restrictions based on race, gender, classNo written restrictions based on race, gender, class Framers wanted “good men” to serve – basically accomplished Framers wanted “good men” to serve – basically accomplished

by restricting by restricting suffragesuffrage

Residency and geographic representationResidency and geographic representation Constitution requires Senators and Representatives to be Constitution requires Senators and Representatives to be

residents of their statesresidents of their states Voting rights also based on residence, so this is “double” Voting rights also based on residence, so this is “double”

assurance of geographic representationassurance of geographic representation


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Congress Is Not a MicrocosmCongress Is Not a Microcosm

Despite nearly universal suffrage, Congress Despite nearly universal suffrage, Congress disproportionately white, middle-aged, disproportionately white, middle-aged, professional, and maleprofessional, and male

RaceRace

AgeAge

Occupation/ClassOccupation/Class

GenderGender

Summary (Summary (Congressional Research Service))


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Structure(s) of CongressStructure(s) of Congress

Organization is necessary to legislate (and to Organization is necessary to legislate (and to represent)represent)Constitutional language is vagueConstitutional language is vague Art. I, Sec. 2: House "shall choose their Speaker and other Art. I, Sec. 2: House "shall choose their Speaker and other

officers" officers" Art. I, Sec. 3: Vice President is also President of Senate, Art. I, Sec. 3: Vice President is also President of Senate,

but only power is tie-breaking vote but only power is tie-breaking vote Senate "shall choose their other officers, and also a Senate "shall choose their other officers, and also a

President pro tempore" President pro tempore"

General differences between House and SenateGeneral differences between House and Senate House more centralized; leadership more importantHouse more centralized; leadership more important Senate decentralized and deliberativeSenate decentralized and deliberative


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Party Organization in CongressParty Organization in Congress

Top Leaders in Congress chosen by PartiesTop Leaders in Congress chosen by Parties Majority party chooses Constitutional offices (esp. Speaker Majority party chooses Constitutional offices (esp. Speaker

of the House)of the House) Each party also has its own party leadership positionsEach party also has its own party leadership positions

Party leader (majority v. minority, Democrat v. Republican)Party leader (majority v. minority, Democrat v. Republican)Party whipsParty whips

Party Influence on CommitteesParty Influence on Committees Basic rules:Basic rules:

Majority party has majority of seats on ALL committeesMajority party has majority of seats on ALL committeesMajority party has ALL committee chairsMajority party has ALL committee chairs

Committee assignments handled by party committeesCommittee assignments handled by party committeesThese committees handle initial assignments and transfersThese committees handle initial assignments and transfersOnce on a committee, individual congressperson no longer Once on a committee, individual congressperson no longer dependent on party support (for that committee)dependent on party support (for that committee)


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CommitteesCommittees

Most important form of internal organizationMost important form of internal organization Division of labor to handle legislationDivision of labor to handle legislation Most significant are Most significant are standing committees

Policy (e.g. Commerce, Agriculture)Policy (e.g. Commerce, Agriculture)““Power” (e.g. Appropriations, Ways and Means)Power” (e.g. Appropriations, Ways and Means)

Key Legislative ActivitiesKey Legislative Activities HearingsHearings Mark-upMark-up Report to chamber and serve as floor managersReport to chamber and serve as floor managers

Also conduct legislative “oversight”Also conduct legislative “oversight” Assert Congressional influence over bureaucracyAssert Congressional influence over bureaucracy Not done generally by Congress, but by Not done generally by Congress, but by committeescommittees


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Congressional StaffCongressional Staff

Employees of CongressEmployees of Congress Facilitate legislative and representative functionsFacilitate legislative and representative functions Three levels: individual, committee, staff agencyThree levels: individual, committee, staff agency

Individual StaffIndividual Staff Employed by individual membersEmployed by individual members As “legislators,” provide some information autonomy As “legislators,” provide some information autonomy

(less reliant on executive branch, lobbyists)(less reliant on executive branch, lobbyists) As “representatives,” keep Congress in touch with As “representatives,” keep Congress in touch with

constituentsconstituents

Committee StaffCommittee Staff


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Congressional Staff AgenciesCongressional Staff Agencies

Staff Agencies employed by Congress as a Staff Agencies employed by Congress as a wholewhole Provide non-partisan researchProvide non-partisan research Prototype is Prototype is Library of Congress

General Accountability Office (General Accountability Office (GAO)) Does general policy investigationsDoes general policy investigations Wide range of topics, e.g. Wide range of topics, e.g. college textbook prices

Congressional Budget Office (Congressional Budget Office (CBO)) Focuses on budget analysis Focuses on budget analysis Counterweight to President’s Office of Management Counterweight to President’s Office of Management

and Budgetand Budget


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How a Bill Becomes LawHow a Bill Becomes Law

Schoolhouse Rock “ “Dance of Legislation”Dance of Legislation”Step 1: IntroductionStep 1: Introduction Must be written in form of new law (or revisions to existing Must be written in form of new law (or revisions to existing

law)law) That is, specific and concrete, not advisoryThat is, specific and concrete, not advisory Any member of Congress may introduce a bill Any member of Congress may introduce a bill

Not the President or a Cabinet member (directly)Not the President or a Cabinet member (directly)why do they introduce legislation?why do they introduce legislation?

Who writes legislation?Who writes legislation?Members of Congress, staffMembers of Congress, staffPresidential staff, bureaucratsPresidential staff, bureaucratsInterest groups, constituentsInterest groups, constituents


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A Bill Goes to CommitteeA Bill Goes to Committee

Step 2: ReferralStep 2: ReferralStep 3: Subcommittee “Action”Step 3: Subcommittee “Action” HearingsHearings Mark-upMark-up ReportReport

Step 4: Committee “Action”Step 4: Committee “Action” HearingsHearings Mark-upMark-up ReportReport

Most bills “die” in committeeMost bills “die” in committee


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Rules or Not?Rules or Not?

Step 5 (House): Rules CommitteeStep 5 (House): Rules Committee How much time for debate on floorHow much time for debate on floor Whether and what kind of amendmentsWhether and what kind of amendments Riders and Riders and earmarks

No Step 5 for Senate – No Rules CommitteeNo Step 5 for Senate – No Rules CommitteeThe filibusterThe filibuster

““talk a bill to death” - i.e. require a bill to be tabled (indefinitely)talk a bill to death” - i.e. require a bill to be tabled (indefinitely) formally, a power for individual Senators (consider “holds”)formally, a power for individual Senators (consider “holds”) practically, minority party power to block legislationpractically, minority party power to block legislation

Dealing with a filibusterDealing with a filibuster prevent with a unanimous consent agreementprevent with a unanimous consent agreement stop debate with a vote of cloture (requires 60 votes)stop debate with a vote of cloture (requires 60 votes)


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Scheduling and Floor ActionScheduling and Floor Action

Step 6 – Bill is put on scheduleStep 6 – Bill is put on schedule Ready for floor actionReady for floor action Not a Not a guaranteeguarantee of floor action of floor action Weekly calendar – party leaders decide when to bring Weekly calendar – party leaders decide when to bring

a bill up for a votea bill up for a vote

Step 7 – Floor ActionStep 7 – Floor Action Debate and possibly amendments and possibly amendments Voting – bill passed by a majority vote of those Voting – bill passed by a majority vote of those

actually votingactually voting


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Conference Committee and Floor Conference Committee and Floor Action (Again)Action (Again)

Step 8: Conference Committee Step 8: Conference Committee ““irons out” differences between House and Senate irons out” differences between House and Senate

versionsversions typically large, politicized and often slowtypically large, politicized and often slow

Step 9: Floor Action IIStep 9: Floor Action II Identical bill goes back to House and Senate with no Identical bill goes back to House and Senate with no

allowance for amendmentallowance for amendment Debate typically limitedDebate typically limited If both chambers approve, bill goes to PresidentIf both chambers approve, bill goes to President


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Presidential ActionPresidential Action

President signs bill and it becomes lawPresident signs bill and it becomes law

President vetoes billPresident vetoes bill Congress can override veto with 2/3 vote of both chambersCongress can override veto with 2/3 vote of both chambers Congress can start over with similar bill (or one in process)Congress can start over with similar bill (or one in process)

President can “pocket veto”President can “pocket veto” Doesn’t sign or explicitly vetoDoesn’t sign or explicitly veto if Congress goes out of session within 10 days of President if Congress goes out of session within 10 days of President

getting bill, it does not become lawgetting bill, it does not become law

President can allow bill to become law w/o signaturePresident can allow bill to become law w/o signature Same procedure as “pocket veto,” only Congress is still in Same procedure as “pocket veto,” only Congress is still in

sessionsession


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The “Legislative” ProcessThe “Legislative” Process

Long, complicated, confusing, possibly efficientLong, complicated, confusing, possibly efficient Hundreds of bills passed (thousands introduced)Hundreds of bills passed (thousands introduced) Many opportunities for bill to changeMany opportunities for bill to change Many points of access for those interestedMany points of access for those interested

Legislation only the “beginning” of policy-makingLegislation only the “beginning” of policy-making Bureaucracies develop and change rules and Bureaucracies develop and change rules and

regulationsregulations Court rulings limit or extend impactCourt rulings limit or extend impact Future law-making revises, extends, limits, abolishesFuture law-making revises, extends, limits, abolishes

Legislation or Representation?Legislation or Representation?


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Managing Constituent RelationsManaging Constituent RelationsThat is, “representing” or “getting re-elected”That is, “representing” or “getting re-elected”Incumbency rate is Incumbency rate is high

House: 85% in 2010House: 85% in 2010 Senate: 84% in 2010Senate: 84% in 2010 Why? Fundraising advantage Districting and “safe seats”Districting and “safe seats”

Bureaucracies, pork barrel, caseworkBureaucracies, pork barrel, casework Services to constituents through programsServices to constituents through programs

Influence of committeesInfluence of committees Specific benefits to districts (pork barrel)Specific benefits to districts (pork barrel) Casework – Casework –

handling individual constituent complaints and requestshandling individual constituent complaints and requestsGrowth of staff resourcesGrowth of staff resourcesBobby Rush: “Help with a Federal Agency”Bobby Rush: “Help with a Federal Agency”


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Activities Oriented to Re-electionActivities Oriented to Re-election

David Mayhew, David Mayhew, The Electoral Connection The Electoral Connection (1974)(1974)AdvertisingAdvertising - any effort to disseminate one's name among - any effort to disseminate one's name among constituents in such a fashion as to create a favorable image constituents in such a fashion as to create a favorable image but in messages having little or no issue contentbut in messages having little or no issue content

Goal is visibility, name recognitionGoal is visibility, name recognition ““brand loyalty”brand loyalty”

Credit-claimingCredit-claiming - trying to convince constituents that you're - trying to convince constituents that you're responsible for some desirable action on part of government responsible for some desirable action on part of government or unit thereofor unit thereof

Work on legislation, casework, “bringing home the bacon”Work on legislation, casework, “bringing home the bacon” E.g. “sponsored legislation” (Bobby Rush, 112E.g. “sponsored legislation” (Bobby Rush, 112 thth Congress) Congress) E.g. federal funds to the district (Rush and the “Englewood flyover”)E.g. federal funds to the district (Rush and the “Englewood flyover”)

Position-takingPosition-taking - public enunciation of a judgmental - public enunciation of a judgmental statement on anything likely to be of interest to political actorsstatement on anything likely to be of interest to political actors

Rep. Rush on Illinois death penalty bill (press release, March 2011)Rep. Rush on Illinois death penalty bill (press release, March 2011)


October 7, 2015October 7, 2015October 7, 2015 American Politics 1 Congress Frank Brooks.

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