The Institutions

Congress

Unit IVA

The Capitol/Capitol Hill

Structure of Congress

Powers of Congress

Lay and collect taxesBorrow moneyRegulate interstate and foreign commerceImmigration and naturalization rulesCoin money and set its valueCreate lower federal courtsDeclare warNecessary and proper laws

Bankruptcy rulesPunish counterfeitersFix weights and measuresPost office and postal roadsIssue patents and copyrightsPiracy lawsRaise army and navyProvide for militiaRun D.C.

Non-legislative Powers

House of Representatives (incoming) elects president if no electoral majorityPropose amendments with 2/3 majorities from both housesHouse of Representatives may impeach; Senate tries (2/3 majority vote to convict)Senate approves presidential appointments (majority vote) and treaties (2/3 majority vote)

ADVICE AND CONSENT

OVERSIGHT – investigate/monitor the other branches, executive agencies

Meeting of CongressBoth houses meet for a term of two years

Makeup of congressional terms determined by congressional elections every two yearsTerms begin on January 3rd of odd-numbered years

2012 Elections in November113th Congress began term on January 3, 20132014 Elections in November 2014114th Congress begins term on January 3, 2015

Special sessionsPresident may call Congress in times of emergency situations or significant political developmentsPearl Harbor in December 1941

House of Representatives Chamber

Senate Chamber

Evolution of CongressFrom 1789 to 1932, Congress virtually dominated the federal government

Exceptions under Jackson, Lincoln, T. Roosevelt, and Wilson

From 1932 to the present the President has become the focus of federal government power and authority

In conjunction with expansion of government with FDR’s New Deal programsMedia coverage

Electing the HouseDirectly elected by the people every two years

Most (originally) responsible to electorateFrequency of elections

Congress established 435 seats in the House in 1911Apportionment

Distribution of legislators based on state’s population

ReapportionmentRedistribution of legislators based on state’s population after decade census

RedistrictingRedrawing of congressional districts based on reapportionmentState legislatures in charge of redistricting

GerrymanderingRedistricting to favor a political party or group

Electing the SenateStaggered terms

State legislatures originally elected senators

“Millionaires’ Club”

Seventeenth Amendment

Popular election of senators

Incumbency EffectCurrent office holders winning reelectionAdvantages

Name recognitionCredit claimingCaseworkVisibilityMedia exposureFund-raisingCampaign experienceVoting record

DisadvantagesMistrust of governmentUnpopular political partyRedistricting effect“Held responsible”

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 coverageOffice AllowancesTravel AllowancesFranking PrivilegeImmunity

Cannot be arrested during Congress businessCannot be sued for libel/slander during Congress business

Congressional Staffers

Personal StaffDirectly work for members in D.C. and district/state offices

Committee StaffResearch and analyze issues in committees and subcommittees

Leadership StaffWork for congressional leaders such as Speaker of the House

Institutional StaffClerks, janitors, police/security of the Capitol

Support Agency Staff – non-partisanCongressional Budget Office (CBO) - financesCongressional Research Service (CRS) – think tank, analysisGovernment Accountability Office (GAO) – audits, investigations

Congressional Term Limits

Congressional members have NO term limits

May be reelected as many times as possible

U.S. Term Limits, Inc. v. Thornton (1995)Supreme Court overruled Arkansas law imposing term limits on U.S. congressional representatives

Congressional Decorum

CENSUREReprimand of a member for unprofessional, suspected, or admitted misbehavior or violation

Must give up any committee chairs

Requires simple majority

Expulsion of a member requires 2/3 majority vote

House Districts by Party (113th Congress)

Senate States by Party (113th Congress)

Congressional MakeupPolitical Party

House231 Republicans200 Democrats4 Vacancies

Senate52 Democrats46 Republicans2 Independents

AgeHouse median age - 57Senate median age - 62

Occupation214 business members211 lawyers92 educators

21 House members only have a high school diploma; 1 in Senate

Race/EthnicityWhites – 82.9%Blacks - 7.66%

None in Senate

Hispanics – 6.7%Asians – 2.4%

Religion56.1% Protestant

30.6% Catholic

6.2% Jewish

Gender18% female in House

20% female in Senate

House Congressional LeadershipSPEAKER OF THE HOUSE

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

Majority LeaderAssists Speaker of the House

Plans party’s legislative program

Directs floor debate

Minority LeaderRepresents leader of opposition party

Majority and Minority WhipsAssist in party voting, inform on voting, vote counts, voting pressure

Senate Congressional Leadership

President of the SenateVice-President presidesVotes only to break a tie

President Pro TemporeMajority party senior member to preside in absence of VP

Majority LeaderMost powerful Senate member and party spokesperson

Minority LeaderRepresents leader of opposition party

Majority and Minority WhipsRallies respective party member to votes, vote counts

113th Congress Leadership

House of RepresentativesSpeaker of the House: John Boehner (R)Majority Leader: Eric Cantor (R)Majority Whip: Kevin McCarthy (R)Minority Leader: Nancy Pelosi (D)Minority Whip: Steny Hoyer (D)

SenatePresident of the Senate: Joe Biden (D)President Pro Tempore: Patrick Leahy (D)Majority Leader: Harry Reid (D)Majority Whip: Dick Durbin (D)Minority Leader: Mitch McConnell (R)Minority Whip: John Cornyn (R)

Lawmaking Process

Bills and ResolutionsBill

Proposed legislation to become law on passage by both chambers and signed by the PresidentPublic bill – affects the general publicPrivate bill – affects a private individual

Simple Resolution (non-binding)Applied and passed by either chamber to establish rules of procedures or sense of chamber

Concurrent Resolution (non-binding)Applied and passed by both chambers to establish rules and procedures for both housesAllow a joint session of Congress, provide recess, creating a temporary joint committee

Joint ResolutionLegislative measure passed by both chambers and signed into law by PresidentFor declarations of war, temporary exceptions to laws, authorize small appropriations, establish temporary commissionsHistorical Examples

Gulf of Tonkin ResolutionWar Powers Resolution

Types of Legislative Actions

DistributiveDistribution of goods/services for general publici.e. highway construction project

RedistributiveUsing taxes on one segment of population for entitlements on another segmenti.e. welfare program

RegulatoryLimits on groups and individualsi.e. Clean Air and Water Act

Introducing a BillOnly a member of Congress may introduce a bill

May be suggested by executive administration (i.e. President), interest groups, citizensRevenue bills may only originate in the House of Representatives

House of Representativeshanded to the Clerk of the House or placed in the hopperIntroduced and assigned a number

ex. H.R. 913

SenateHanded to the presiding officer or introduced on floorIntroduced and assigned a number

ex. S. 913

The Hopper

CommitteesCommittee Work

Consider bills, maintain oversight, conduct investigations

Gatekeeping authority

Proposal power

Hearings and TestimoniesAllows for specialists to determine merits of a bill

Subpoena power

Bill AssignmentsSpeaker of the House/Presiding Senate Officer

Types of CommitteesStanding Committee

Permanent committee over specific policy

SubcommitteeSubset of a standing committee for specific details of a bill

SelectCommitteeTemporary committee for specific purpose

Usually for investigations on major public concerns

Joint CommitteeMade up of members of both houses

Conference CommitteeTemporary committee of both houses to resolve differences of chamber versions of a bill

Standing CommitteesHouse

Rules

Ways and Means

Appropriations

Judiciary

Agriculture

Armed Services

Budget

Education and Labor

Foreign Affairs

Homeland Security

Energy and Commerce

Natural Resources

Science and Technology

Small Business

Veterans’ Affairs

SenateAppropriations

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, Labor, Education

Homeland Security

Rules and Administration

Small Business

Veterans’ Affairs

Committee ChairpersonResponsibilities

Presides over the committee

Set committee agendas

Assign subcommittee members

Decide on hearings and witnesses

SelectionFrom majority party of respective chamber

Used to be based on seniority system

Now usually long-standing member of committee

Committee MembershipThe 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 Actions on a BillAssign to Subcommittees

Subcommittees refer bill back to committee

TABLEMotion to kill a bill in committees

MARKUPCommittees add amendments to bills

REPORT OUTIf not reported out, House of Representatives may call for a DISCHARGE PETITION

Requires absolute majority (218 votes)

House Rules Committee

In the House of Representatives, once bills are reported out they are sent to the RULES COMMITTEE

Nothing like this in the Senate

Sets rules, restrictions, and times on bills during floor debate with input by Speaker of the House

CLOSED RULESevere limits on floor debate and amendments

Bill proponents tend to prefer closed rule

OPEN RULEAllows floor debate and amendments

Bill opponents tend to prefer open rule

House Floor DebateControlled by the Speaker of the House and limited by Rules Committee

Amendments must be GERMANE, or relevant, to the bill

RIDERS (additions not relevant to the bill) are not allowed

Once debate is completed or terminated, bill heads to a vote

Senate Floor DebateThe Senate has unlimited debateAmendments and riders are allowedFILIBUSTERS (only in Senate)

A bill could be killed by senators delaying its passage by “talking it to death”

CLOTUREDebate can be ended with 60 votes; prevent filibusters

HOLDS (only in Senate)

Designed to stall or prevent a bill from being vote onAnonymous or public

Strom Thurmond filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957

Voting on a BillQUORUM/QUORUM CALL

A majority of members must be present to vote, conduct business

218 in the House; 51 in the Senate

PARTY VOTE

House of RepresentativesElectronic vote

Roll call

Teller vote

SenateRoll call

Voice vote

Finalizing a BillOnce either chamber passes a bill it is ENGROSSED and sent to the other chamber for passage

Both chambers must pass an identical bill

Conference CommitteeAmendments and riders from House and/or Senate versions of a bill

Joint committee of House and Senate members iron out differences

Resulting bill sent to House and Senate for vote

To the President/Veto PowerPresident signs the bill into law

May also become law after 10 days*

* If Congress is still in session

Presidential Veto PowerCongress may override veto with 2/3 majority of both housesPocket veto

President ignores bill; after 10 days if Congress has adjourned, the bill dies

Legislative Veto*House or Senate rejects executive actionINS v. Chadha (1983)

Legislative vetoes unconstitutionalStill practiced without much protest

Other Legislative Tactics

EARMARKSExpenditures for specific districts/states determined on appropriations-based legislationPORK BARREL

“Bring home the bacon.”Pass appropriations and/or projects for one’s specific district/state

LOGROLLINGReciprocal support on bills

CAUCUSESInformal voting blocs among members who share common goals

Party caucusCongressional Black Caucus, Tea Party Caucus

How a Member Represents and Votes

Representational View/ Delegate ModelVote based on interests and beliefs of districts/statesCASEWORK

Organizational ViewInfluenced by party members, president, lobbyistsVote based on party linesPATRONAGE

Attitudinal View/Trustee ModelBased on ideology, personal beliefs