Transcript CH 11: Congress

Mr. Burke’s AP American
Government
 Members
of the public hold the
institution in very low regard but love
their individual representatives.
 If the Federal bureaucracy makes a
mistake, the senator’s or representative's
office tries to resolve the issue for the
constituents.
• Therefore, what most Americans actually see of
Congress is the work of their own
representatives in their home states.
 Created
to work for local and for the
nation.
 Founding fathers believed most power
should be held by the legislature.
• Evidence
 Article 1: structure, powers, and operation of
Congress.
 Bicameral legislature: Senate and House of
Representatives.
 The
two chambers reflected the social
class bias of the founders.
• Wanted to balance interest and #s of the
common man with the property interests of the
land owners, bankers and merchants.
• Art 1, Sec 2 and 3: House elected by “the
people”, senate chosen by state legislature.
 17th Amendment (1913), Senators chosen by ppl.
• The logic of the separate constituencies and
interests, reinforced by terms.
 House elected every 2 years.
 Senate elected for 6 years.
 Terms are staggered. 1/3 face election every 2 years.
• Age
 House= 25 yrs old. Live in state. 7 yrs a citizen.
 Senate= 30 yrs old, Live in state. 9 yrs a citizen.
 Both
highly specific and extremely vague
 The first 17 clauses of Art. 1, Sec 8,
specify most of the enumerated powers
of Congress, (powers given directly to
them).
 They
are…
 Right
to impose taxes
and import tariffs.
• (v. important
domestic)
 Borrow
Money
 Regulate interstate
commerce and
international trade
• (v. important
domestic)
 Establish
procedures
for naturalizing
citizens.
 Make laws regarding
bankruptcies.
 Coin, print money
and regulate its
value.
 Establish standards of
weights and
measures.
 Punish
counterfeiters
 Establish post roads
 Regulate copyrights
and patents
 Establish the federal
court system
 Punish pirates and
other committing
illegal acts on the
high seas.
 Declare
war
• (most important
foreign)
 Raise
and regulate an
army and navy.
 Call up and regulate
the state militias…
• To enforce laws,
suppress
insurrections, repel
invasions
 Govern Wash. D.C.
 Art
2, Sec. 2, Senate advise on, and
consent to, ratification of treaties,
accept/reject presidential nominations of
• Ambassadors, judges, and “all other officers of
the United States.
• Senate may delegate to the president, courts, or
department heads the power to make lesser
appointments.
• Congress can regulate the following
 SC ability to review cases decided by lower courts
 Regulate relations between states
 Propose amendments to constitution.
 12th Amendment: Congress must certify the elections of a
president and vice-president or will choose if no candidate
gets 270.
 16th Amendment: Levy income tax
 20th (Sec 3&4) and 25th Amendment (Sec 2-4) : Congress
will determine who will be acting president in case of death
or incapacity.
 Congress is given the power to enforce, by
appropriate legislation, all other amendments.
 Necessary
and Proper Clause. AKA
Elastic Clause
• Sets the state for expanded role of National
compared to states.
• Check on presidential powers.
 DO NOT WRITE THIS…The power to make all laws
which shall be necessary and proper for carrying into
execution the powers of Article I and all other powers
vested by this Constitution in the government of the
United States, or any department or officer thereof.
 Requires
decisions about the size of the
federal budget, healthcare reform, gun
control.
• Not all laws are started in Congress
 Originate in executive, traceable to IGs and political
parties.
• Through logrolling (offering support to a fellow
member’s bill if they will support you) and
compromise
 Backers of legislation attempt to fashion a winning
majority coalition.
 Individual
member expected to be a
broker b/t citizens and federal
government.
• Casework (working on a single person’s issue)
 Most taken care of this way.
• Occasionally acts as an Ombudsperson
(someone who hears and investigates
complaints against public officials or agencies.
 Helps them get reelected if they are good at it.
 The
many competing interests are
represented.
 Congress should act slowly/deliberately.
• Trustee View of Representation: Legislators act
as trustees of the broad interests of their entire
society. Should vote against narrow interests.
• Instructed-Delegate View of Representation:
Should reflect the views of the majority who
elect them.
• Typically hold both.
 Oversight of the bureaucracy.
• Essential to give weight to congressional
decisions.
 Oversight: the process by which Congress follows up
on the laws it has enacted to make sure they are being
enforced and administered the way congress wants
them to be.
 How?
 Hold committee hearing and investigations.
 Changing the size of the budget for an agency.
 Cross-examining high-level presidential nominees
 Related to Constituency service.
 Public
education happens when…
• They hold public hearings.
• Exercise oversight of the bureaucracy.
• Engages in committee and floor debate
 Congress also agenda sets: decides what issues will
come up for discussion and decision.
 Resolves
issues within American society.
• Tries to make competing points of view happy
by accommodating as many people as possible.
House
Senate
Members chosen from local districts
Members chosen from whole state
2 year term
6 year term
Originally elected by voters
Originally (1913) elected by state
legislatures
May impeach (indict) federal officials
May convict federal officials of
impeachable offenses
Larger (435)
Smaller (100)
More formal rules
Fewer rules and restrictions
Debate is limited
Debate extended (filibuster)
Less prestige and less individual notice
More prestige and media attention
Originates bills for raising revenues
Advise/consent on appointments and
treaties
Local or narrow leadership
National leadership
More partisan
Less party loyalty.
 House- 435
• Delegates from D.C., Puerto Rico, Guam, American
Samoa, and the Virgin Islands.
• Lots of rules because of it’s size
 Senate-100
• Looser rules
 Oblivious in the rules governing debate on the floor.
 Senate permits extended debate on all issues that arise before
it.
 House operates within a system that has the Rules Committee
proposing time limit on debate.
 House acts faster on legislation than the Senate.
 Filibustering: in
Senate, unlimited debate
of a bill to halt any action.
• Under rule 22, debate may be ended by
invoking cloture, or shutting off discussion on a
bill.
 Needs to be sponsored by 16 senators, after 2 days,
and with 60 votes.
 Each senator may speak for one hour afterwards.
 The
House does not get as much
attention.
• Senators (especially those that want to be
presidential) get more media exposure.
 Become spokespersons.
 Done
by state government.
• Conform to US constitution and federal law.
• House, every 2 years.
 # of seats= census taken every years. Each state has
to have at least 1
• Senate, every 6 years.
 2/state
• Art. 1, Sec. 4, state legislatures are given control
over “the times, places, manners”
 Congress
may alter those regs.
• Candidates for congress…
 Wealthy, active in politics.
 Rich
 Winning house $770,000. Senate $5 Million.
 Win nomination through direct primary where party
identifiers vote.
 Presidential effect- congressional candidates always
hope to ride the “coattails” of a strong presidential
candidate.
 Overwhelming
majority get reelected.
• The major goal of congress is to get reelected. How?
 Advertising: mass media, personal appearances,
newsletters.
 Want to produce a favorable image. Household name.
 Credit Claiming: Focuses on things that helping
constituencies.
 Casework, bringing money for mass transit.
 Position Taking: when an incumbent explains voting
record, support for presidential decisions, specifically
supports a key issue
 Gun control, anti-inflation,
 1994
midterm elections swept Dems out
of office. Here comes the Republicans!!!
• Newt Gingrich’s “Contract with America”
 Brought in divided government.
 2 Big Issues
• Reapportionment (allocation of seats)
• Redistricting (redrawing of the boundaries)
 Cases
• Baker v. Carr- 14th amendment.
 No state can deny to any person “equal protection of the
laws”. Reapportionment becomes a justiciable question.
• Reynolds v. Sims (1964)- court held that both
chambers of a state legislature must have equal
populations.
 This “one man, one vote” then applied to Wesberry v.
Sanders
 District
is said to have been
gerrymandered when its shape is altered
by the dominate party in a state
legislature to maximize their chances to
win.
• Concentrating opposition’s voter in as few
districts as possible or by spreading it thinly.
• You can challenge the districts in court.
 Davis v. Bandemer- did not find them unfair.
 Districts
must be of equal size.
• Early 1990’s districts could be drawn to
maximize the voting power of minorities.
 Wesberry v. Sanders. 1964: Supreme court ruled that the
population differences were so great they violated the
constitution.
 One person, one vote
 Gomillion v. Lightfoot. 1960: Cannot draw majority-minority
districts just on race. (Bush v. Vera 1996)
 Pay: $174,000
 Special
Benefits:
• Private Capitol Hill gym, low cost haircuts, free
parking at National and Dulles airports, 6 free
parking spots in Capitol Hill garages.
• No parking tickets, subsidized dinning room,
free plants, free medical care, generous but
inexpensive pension, travel allowances, special
taxes.
• Franking privileges: free mail to constituents.
 More
than 35,000 ppl employed.
• ½ personal and committee staff members.
 Average Senate office, 30 ppl, twice that in large states.
House, 15 ppl.
 There are agencies with staff congress can use.
 Congressional Research Service (CRS): section of the Library of
Congress, contents and current status of legislation.
 General Accounting Office (GAO): Audits the spending of
federal agencies, investigates practices, and makes policy
recommendations.
 Congressional Budget Office (CBO): advises on the anticipated
effect on the economy of gov. spending and estimates the cost.
 Art. 1, Sec
6. Cannot be sued for libel and
slander or be subject to legal action
• Also cannot be subject to legal action while
engaged in debate or speech.
 Most
work of Congress happens in
committees and sub-committees.
• Provides for specialization
 Flow of legislation determined by the speed of the
committee
 AKA “Little
Legislatures”, committees
have the final say on pieces of legislation.
• Chairpersons: schedule hearings, formal action.
 Decide on which subcommittee gets the bill.
 Standing
Committees: permanent bodies
that are established by the ruse of cong.
• Most of them crate subcommittees to do their
work.
• Given a specific legislative jurisdiction.
• Each H member serves on 2
 Unless they are on the Appropriations, Rules, Ways
and Means
• Each S may serve on 2 major, 1 minor (Rules and
Administration, Veteran’s Affairs)
House Committees with
Subcommittees
Senate Committees with
Subcommittees
 Select
Committees: Limited time, specific
purpose. Generally no new legislation.
• EX: Select Committee on Energy Independence
and Global Warming
 Joint
Committees: both cambers, can be
permanent or temporary.
• EX: Economic, on the Library, on Printing, on
Taxation.
• Joint Committee on Deficit Reduction (AKA the
Supercommittee that Failed)
 Conference
Committees: special type of
joint. Form the agreement b/t H and S on
bills.
 House Rules Committee: has “gate
keeping” power over the terms on which
legislations reaches the floor.
• Sets time limit on debate, determines whether
and how a bill can be amended.
• Party membership is disproportionate.
 House
• Appointed to standing committees by Steering
Committee of their party.
 Seniority system to decide chairperson.
 Continuous service to a standing committee or ppl in
leadership roles.
 Cong. organized
by party.
• Control the official positions of power.
• Party leaders influence decisions regarding
public issues.
 Speaker of the House
• Official leader of the majority party in the House.
Duties include…
 Presiding over meetings of the House
 Appointing members of joint and conference
committees.
 Scheduling legislation for floor action.
 Deciding points of order and interpreting rules with
advice from parliamentarian.
 Referring bills and resolutions to standing
committees
 Take part in floor debate and vote.
 Majority
Leader
• Elected by caucus of party member to at as
spokesperson.
• Influences scheduling of debate
• Chief supporter of Speaker
Cantor and other House and Senate
leaders meeting with President Barack
Obama in November 2010
 The
Minority Leader
• Nominated for Speaker by minority party.
• Duties are the same as the majority leader.
• Speak on behalf of the president if they are of the
same party.
Pelosi (right) with
Vice President Dick
Cheney behind
President George W.
Bush at the 2007 State
of the Union Address
making history as the
first woman to sit
behind the podium
at such an address.
President Bush
acknowledged this
by beginning his
speech with the
words, "Tonight, I
have a high privilege
and distinct honor of
my own – as the first
President to begin
the State of the Union
message with these
words: Madam
Speaker".
 Whips
• Assistents to majority and minority leaders.
• Passing information from leadership to
•
•
•
•
members.
Ensure that members show up for floor debate
and vote.
Conduct polling about views on major pieces of
legislation
Inform leaders who is doubtful, who is certain
May pressure member to support leadership.
 President
of Senate
• Ceremonial in nature
• Vice-President of US
• Can break a tie
• Rarely there.
 President
Pro Tempore
• Presides over Senate when VP is absent.
• Member of majority party with longest
continuous term of service.
• Mostly ceremonial
• Junior Senators actually presides over it.
 Majority/Minority
Floor Leader
• Real power.
• Right to be recognized first in debate.
• Control the scheduling of debate on floor w/
Policy Committee
• Influence allocation of committee assignments
• Influence the selection of party officials.
• Liaison with WH, try and cooperate with
committee chairperson, facilitate the smooth
functioning of the Senate.
 Senate
Party Whips
• Maintain communication within party on
positions.
• Ensure party colleagues are present for floor
debate and important votes.
 Money
bills begin in House
 Much of the business of congress
involves government expenditures.
• Raising revenue… How?
 Congress
requires the president to
prepare budget.
• Budget and Impoundment Control Act of 1974:
Requires the president to spend $ that congress
appropriates.
 Frustrated the presidents ability to kill programs that
the president 
 Forces congress to examine total national taxing and
spending twice a budget cycle.
 Operate
on a fiscal year (FY) cycle.
• October 1st through September 30th.
• 18 months before the FY starts, the exec. begins
preparing budget
 Office of Management and Budget (OMB) gets advice
from Council of Economic Advisors and Treasury
Department.
 OMB outline budget, sends it to depts and agencies.
 Then bargaining…
 OMB asks for requests for funding.
 Jan. President
approves OMB’s budget,
sends it to cong.
• Congressional committees and subcommittee
check it out. Congressional Budget Office (CBO)
advises different committees on economic
matters.
• Then Budget Resolutions…
 1st in May. Sets overall revenue goal, spending targets.
 September, 2nd. Sets binding limits on taxes.
 If FY starts without budget… every agency operates
on a continuing resolution (same budget from last
year)
 Abuse
of staff members, misuse of public
funds, personal indiscretions, corruption.
• Response has been mixed.