Transcript THE LEGISLATIVE BRANCH (#4A) aka CONGRESS

CONGRESS: Organized for
Policy Making…(#4A)
• Bicameral legislature
(even in the states,
except Nebraska)
• PROBLEM to
remember!!! =
generalists making
public policy about
specific issues
THE LEGISLATIVE BRANCH - vocab
aka CONGRESS
Bicameral
Apportionment
Reapportionment
Congressional
Districting
Gerrymandering
Incumbency Effect
Casework
Constituents
Speaker of the
House
Majority Leader
President pro
tempore
Floor leaders
Seniority system
Standing
committee
Joint committee
Conference
committee
Caucuses
Trustee
Franking privilege
Oversight
Bills
Rules committee
Filibuster
Cloture
Pork barrel
legislation
Logrolling
Riders
Amendments
Lobbying
Legislative veto
435 in House
100 in Senate
CONGRESS…”the true center of power in Washington”
• HR (2 yrs) min age 25
STRUCTURE
& 7 yr citizen, less
prestige, smaller
constituencies
• Senate (6 yrs*) min
age 30 & 9 yr citizen,
more prestige, larger
constituencies
• HR = 435 members*
• Senate = 100 always
• ALL must be state
residents
• Both chambers meet for
2-yr terms beginning on
Jan 3rd of every odd
numbered year (divided
into 2 one-year sessions)
• POTUS can call a special
session in cases of
national emergency
• Each chamber of
Congress picks its own
leadership and
determines its own rules.
ORGANIZATION
ELECTION to
Congress (HR/Sen)
• Each state gets at least
ONE representative
(Const)
• Members are chosen
from districts w/in
each state
• Determining
congressional
representation
is…TRICKSY!!!!
ELECTION (HR)
Supreme Court
2011 – TX!!!
• APPORTIONMENT: pop
• REAPPORTIONMENT:
census
• CONGRESSIONAL
DISTRICTING: drawing
• GERRYMANDERING:
favorable drawing
ELECTION (Sen)
• “No state, without its
consent, shall be deprived
of its equal suffrage in the
Senate” – Article V of
Const
• Originally picked by State
Legislatures
• 17th amendment (1913)
changed that – now WE
vote directly for our
senators
Incumbency Effect & Terms
• Name recognition
SUPREME COURT has said NO term limits
for members of Congress; but states have
passed laws to limit…so no limitations!!!
• $$$$$$$$$$$$$$$$$$$$$$$
• Incumbents = already in office
• “Incumbents usually win”
• >90% in reelection win
• Senate races are closer
• on the way to the White House
• Why do they win? (know these)
#1: advertising = visibility
#2: credit claiming = service
#3: position taking = voting record
• Casework & Pork Barrel
• Campaign experience
• Media!!!!!
HOUSE: Organized for Policy Making…
• SPEAKER OF THE HOUSE
• more centralized
• less anarchic
• HOUSE RULES COMMITTEE
• a “rule” schedules the bill on
the calendar
• Majority/Minority leaders
• Majority/Minority Whips
• Speaker appoints committee’s
members (think partisan!!)
• ALL REVENUE BILLS!!!
• CLOSER TO THE PEOPLE
BECAUSE THEY ARE DIRECTLY
(AGAIN, DIRECTLY) ELECTED!!!!
$$$$$
$$$$$
More…House Rep
• 11K bills thru the House so
you have to filter them thru
the HRC (only the favorable)
• ‘MARKED-UP’ bill
• floor managers follow-up
• aka ‘cue givers’
• legislative oversight
• gives Congress the power
to pressure agencies & cut
budgets = ‘a check’
• refine or respond as well
$$$$$$$$$
SENATE: Organized for Policy Making…
• protect
the ELITE, not the
MASSES
• DECENTRALIZED - even 1st yr
senators get credit
• HRC replaced by party
leadership
• FILIBUSTER
• CLOTURE w/ 60 ppl
• Gridlock > expediting the
passage of legislation a majority
favors
• VPOTUS = presiding officer
• President pro tempore
• Majority/Minority floor leaders
• Whips as well…
**KNOW THIS**
HOUSE: smaller constituencies
SENATE: larger constituencies
• Speaker of the House (only
one in Constitution)
• Majority leader
• Whips
• Minority Leader
• revenue/impeachment
• 435 ppl @ 2 yrs each (low
turnover/seniority matters)
• less prestige (ltd debate)
• more $$$/more specialized
• VPOTUS = Pres of Senate
•President Pro Tempore – only one
in constitution
• Majority leader (important)
• Whips
• Minority Leader
• approves treaties &
appointments / tries impeachment
• 100 ppl @ 6 yrs each (moderate
turnover/seniority matters LESS)
• more prestige (speak directly &
unltd debate vis-à-vis filibusters)
• more foreign affairs / less
specialized
CHAIRS & SENIORITY
• Committee Chairs are
•the most IMPORTANT
INFLUENCERS OF THE
COMMITTEE AGENDA!!!
• until 1970s, the SENIORITY
SYSTEM was used to pick
• it is still the ‘general rule’ but
there ARE exceptions
• Committee chairs are not as
powerful as they were before the
reform era (70s)
• Party leadership in the House has
much more control over legislation
COMMITTEES & SUBCOMMITTEES
• “outside of traffic, there is
nothing that has held this
country back as much as
committees…”
• DOMINATE congressional
policymaking in all its stages
• hearings/investigations &
oversees executive branch
• CONTROL THE
CONGRESSIONAL AGENDA
& GUIDE LEGISLATION
COMMITTEES & SUBCOMMITTEES
know this…know this…
STANDING COMMITTEE
Each house of Congress has
its own sub members are
picked by committee leaders:
FOR ALL POLICY AREAS***
CONFERENCE COMMITTEE
When senate/house pass
different versions of the same
bill, appointed by party
leadership, report back on a
compromise bill
JOINT COMMITTEE
SELECT COMMITTEE
Exist in econ/taxation & draw
membership from both houses
(Iran-Contra affair)
Appointed for a specific
purpose, i.e. Watergate
CONGRESSIONAL COMMITTEES
HOUSE: STANDING committees
Agriculture
Appropriations
Armed services
Budget
Education/workforce
Energy/commerce
Financial services
Government reform
Homeland security
House administration
International relations
Judiciary
Resources
Rules
Science
Small business
Standards of Official Conduct
Transportation & Infrastructure
Veteran’s Affairs
Ways & Means
SENATE: STANDING committees
Agriculture, Nutrition, & Forestry
Appropriations
Armed Services
Banking, Housing & Urban Affairs
Budget
Commerce, Science, & Transportation
Energy & Natural Resources
Environment & Public Works
Finance
Foreign Relations
Health, Education, Labor & Pensions
Homeland Security & Govt Affairs
Judiciary
Rules & Administration
Small Business & Entrepreneurship
Veteran’s Affairs
CAUCUSES: informal org of Congress
• group of members of Congress
who share some interest or
characteristic (about 300) from
both chambers
• they are like interest groups,
but their members are members
of Congress, not petitioners
• NO ONE IS A MORE
EFFECTIVE LOBBYIST THAN
A SENATOR OR
REPRESENTATIVE
Black caucus
Congresswoman’s caucus
Hispanic caucus
Sunbelt caucus
Northeast-Midwest coalition
Republican Study committee
Steel caucus
Travel & Tourism caucus
Coal caucus
Mushroom caucus
CONGRESSIONAL STAFF
COMMITTEE STAFF
PERSONAL STAFF
House has 17 assistants
Senate has 40 assistants
Casework (constituents)
communications
2,000 staff members; organize
hearings, research, draft reports,
write legislation & keep tabs on
exec branch, high levels of expertise
LOBBYISTS LOVE THEM!!!
STAFF AGENCIES
CRS = Congressional Research Service
GAO = Government Accountability Office
CBO = Congressional Budget Office
Roles of Members of Congress
•
•
•
•
•
POLICYMAKER
REPRESENTATIVE
DELEGATE
TRUSTEE
CONSTITUENT
SERVANT
• COMMITTEE
MEMBER
• POLITICIAN/PARTY
MEMBER
CONGRESS…”the true center of power in Washington”
• $174K / yr
• : D Retirement $$$
• Office space in DC &
home district $$
• Personal staff
• Travel $$ / junkets
• FRANKING PRIVILEGES
• Small misc privileges
• Costs YOU the same as a
McDonald’s combo meal per
year
• Immunity from arrest while
conducting Congressional
business
• Immunity from libel or slander
suits for their speech or debate
in Congress
SCHEDULE 6--VICE PRESIDENT AND MEMBERS OF
CONGRESS (Effective on the first day of the first
applicable pay period beginning on or after January 1,
2010) *from Executive Order #13525 fr Obama…
•
•
•
•
•
•
•
Vice President $230,700
Senators 174,000
Members of the House of Representatives 174,000
Delegates to the House of Representatives 174,000
Resident Commissioner from Puerto Rico 174,000
President pro tempore of the Senate 193,400
Majority leader and minority leader of the Senate
193,400
• Majority leader and minority leader of the House of
Representatives 193,400
• Speaker of the House of Representatives 223,500
POWERS….(use your notes!)
EXPRESSED POWERS (Article I: clearly stated)
IMPLIED POWERS (Article I, Section 8, Clause 18)
*also known as the ‘elastic clause’ or the
‘necessary and proper clause’
LIMITATIONS ON POWER (Article I, Sec 9 & 10th)
These are all LEGISLATIVE POWERS because they
are all used to MAKE LAWS!!!!!!
POWERS….(use your notes!)
ELECTORAL POWERS
AMENDMENT POWERS
IMPEACHMENT
EXECUTIVE POWERS OF THE SENATE appointments/treaties
INVESTIGATIVE/OVERSIGHT POWERS of the Executive Branch
These are all NON-LEGISLATIVE POWERS because
they are duties other than lawmaking!!!!!!
BILL: a proposed law, begins in either house,
except revenue bills, which must begin in the
HOUSE OF REPRESENTATIVES
BILL: a proposed law, begins in either house,
SENATE
• Bill is introduced, numbered, & assigned
to a committee
• Bill may be assigned to a subcommittee
• Bill is approved/rejected in committee
• RULES COMMITTEE sets terms of debate
• Bill is debated by the HOUSE
• Vote is taken, passed/defeated – if
passed, sent to the Senate
• Bill is introduced, numbered, & assigned
to a committee
• Bill may be assigned to a subcommittee
• Bill is approved/rejected in committee
• NO rules committee
• Bill is debated by the SENATE
• Vote is taken, passed/defeated – if
passed, sent to the House
CONFERENCE COMMITTEE (no new material)
CONFERENCE COMMITTEE (no new material)
Bill returned to HOUSE for vote on compromise
version
Bill returned to SENATE for vote on compromise
version
Presidential Action:
1. Sign the bill
2. Veto the bill
3. Allow to become bill w/o signing
4. Pocket veto the bill
5. Vetoed bills are returned to Congress
6. Bill is overriden by 2/3 vote in each house
Presidential Action:
1. Sign the bill
2. Veto the bill
3. Allow to become bill w/o signing
4. Pocket veto the bill
5. Vetoed bills are returned to Congress
6. Bill is overriden by 2/3 vote in each house
Legislative Tactics….
• Strategies/Devices used by Congress in an
attempt to block legislation or get legislation
passed
• CAUCUSES – helps with voting blocs
• COMMITTEE SYSTEM – major role in passage of
legislation (can be rejected)
• FILIBUSTER/CLOTURE – unlimited debate, ONLY
possible in the Senate (unrestricted debate laws),
a petition to end it needs 60 senators
Legislative Tactics….
• Pork Barrel Legislation
• Logrolling
• Riders…aka as a
‘Christmas tree bill’
• Amendments
• Lobbying
• Conference Committees
• Legislative veto
(Immigration and
Naturalization Service v.
Chadha1983)
Influences on Congress
• CONSTIUENTS: those
that want to win
reelection must keep
their voters’ opinions in
mind
• LAWMAKERS/STAFF:
senior members
influence newer
members, w/in the
committee, & staff
researches issues and
advises members