congress – chapter 11 ap u.s. government & politics mr. s. kolesar, 3/2008
TRANSCRIPT
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Congress – Chapter 11
AP U.S. Government & PoliticsMr. S. Kolesar, 3/2008
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The Ultimate Power Broker?
“First Branch” of American gov’t
Power of the purse Can pass a law
over exec. veto Can expand or
contract the appellate jurisdiction of the Supreme Court
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Congress v. Parliament
Candidates elected through primaries, little party influence
Less powerful – people select the executive Free to express views and vote as they wish Principal daily work = representation & action
(mostly in committees)
Membership & loyalty through national party organizations
Majority party controls gov’t, i.e. – selects prime minister etc…
All party members vote together – won’t get re-nominated if you don’t
Principal daily work = debate
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Congress v. Parliament
Independent Decent salary, up to 22 staffers, “franking privilege”,
large office budgets More concerned with own constituencies and careers Decentralized institution
Lack of independence Poorly paid, tiny staff, tiny budgets More concerned with party activities Centralized institution
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The Evolution of Congress
Founders created a bicameral (two-house) legislature
Balance between large & small states
HOR elected directly by the people
Senate chosen by the state legislatures
Adjusted by Constitutional Amendment
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Senators were elected by state
legislatures.
In 1913, the 17th Amendment led to the direct election of Senators (1913)
Increased voters’ power and
reduced corruption in
Senate
Senators were elected by state
legislatures.
In 1913, the 17th Amendment led to the direct election of Senators (1913)
Increased voters’ power and
reduced corruption in
Senate
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Evolution of Congress
Periods of strong central leadership
Current trend towards decentralizing decision-making and enhancing the power of the individual member
Ex. HOR all-powerful speaker or ?
HOR size creates issues in balancing power
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Evolution of Congress
The Senate size avoids some of the HOR issues
Easier to balance interests
Fixed size per state, not effected by the census
Filibuster – prolonged speech, or series of speeches designed to delay action is a part of the history of unlimited debate in the Senate
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House History: Six Phases
1. The Powerful House - 1st 3 administrations2. The Divided House – 1830’s through
Reconstruction, divisive issue of slavery produced no true majorities or leadership in the House
3. The Speaker Rules - 1880’s to 19104. The House Revolts – 1910-1960’s, the speaker
loses power to committees5. The Members Rule – 1960’s to 1990’s,
committee chairs lost power (not on seniority), individuals gained positions and power
6. The Leadership Returns – 1990’s to ? – Increased power back to the speaker, reduction in # of committees
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Major Differences Between the House and Senate
Major Differences Between the House and Senate
• Larger body 435 members• Based on Population• Shorter term = 2 years• Smaller constituencies
• elected from districts• Younger membership• Less prestige• Lower visibility in news
media• Congressmen
or Representatives• At least 1 rep. per state• Elected by popular vote• Called the “lower house”• $174,000— 27th Amendment
• Smaller body 100 members• Equal Representation• Longer term 6 years
-continuous body• Larger constituencies
-elected from entire state• Older membership• More prestige• Higher visibility in news• Called Senators• 2 Senators per state• Chosen by state congresses until
17th Amendment---popular vote• Called the “upper house”• $174,000---27th Amendment
House of RepresentativesHouse of Representatives SenateSenate
differences
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Powers only given to the House of Representatives.
Bring charges of impeachment.Elects President if there is no majority in the
Electoral College.Elects its own officers.Judges the qualifications and disciplines its
membership. Expel or censure members of the House.
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The Constitution directs Congress to
•Apportion or distribute the seats among the states in the HOR based on their POPULATIONS.
•Every state is required to have one representative in the HOR.
•Congress has changed the number of seats in the HOR as the nation has grown.
• 65 Seats in 1789 to 1793• Increased to 106 from 1794 to 1800
• 142 seats from 1801 to 1810• 186 seats from 1811 to 1820
• By 1912, 435 seats
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Article 1 of the Constitution directs Congress to
Reapportion or redistribute the seats in the HOR after each decennial census….
Reapportionment Act of 1929Permanent size of the House is 435 members
Census Bureau conducts a decennial census and reapportions the seats each state should have.
Submitted to the President, sends it to CongressBoth Houses have 60 days to approve it…..
• If neither rejects the plan, it becomes effective.
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CO9 (8+ 1)
MT3
GA15
(13+2)
• Total Representatives = 535• Senate = 2 per state = 100• House of Representatives = 435• Parenthesis show + or – changes
NV5 (4+ 1)C
A 55 (53+ 2)
TX 34 (32+ 2)
OK7 (8-1)
AZ10
(8+2)
WI10 (11-1)
WI
FL
FL 27(25+2)
MS
MS 6(7-1)
NY 31 (33-2)
NY
PA
IL 21(22-1)
CT7(8-1)
MI 17 (18-1)
MI
IN11
(12-1)
OH 20(21-1)
NC 15(14+1)
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SITS AS JURY DURING IMPEACHMENT
ELECTS V.P. IF NO MAJORITY IN ELECTORAL COLLEGE
RATIFIES TREATIES AND APPOINTMENTS
ELECTS OWN OFFICERS
JUDGES THE QUALIFICATIONS AND DISCIPLINES ITS
MEMBERSHIP
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Who is in Congress?
Typical member = middle-aged, white male protestant lawyer
See chart on page 289 Trend = growth towards
diversity (women, Hispanics, African-Americans), more in the HOR than the Senate, but still underrepresented as %’s of total population.
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Who is in Congress?
Incumbency Professional politicians No term limits – 1995
HOR approved constitutional amendment – died in the Senate
Approximate 90% rate of incumbent re-election rate
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Who is in Congress?
Marginal districts – winner gets less than 55% of the vote
Safe Districts – winner gets more than 55% of the vote
HOR trend = more towards safe districts
Why? Familiar name, party, franking, re-districting
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Who is in Congress?
Party 1933-1998 – 33
Congresses (a new Congress convenes every 2 years)
Democrats controlled both houses in 25, and at least 1 house in 28
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Who is in Congress?
Why? Redistricting by Democratically controlled state leg., incumbency privileges, better, more-experienced candidates
1990’s changes Why? Mess in D.C.,
scandals, corruption, anti-professional politician attitude, redistricting, etc…
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Do Members Represent Their Voters?(& the three theories)
1. Representational View – members want to get reelected and vote to please constituents. Big on hot issues, (civil rights, social welfare, gun control, abortion). Constituents often split on key issues.
2. Organizational View – Not essential to please constituents, as most do not know how their rep has voted, but important to please fellow members of Congress. Typically party-line voting, or through info from committees, etc…
3. Attitudinal View – So many conflicting views that they cancel each other out. Reps then vote on the basis of their own beliefs. Liberal v. Conservative, Democrats are more ideologically divided.
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The Organization of CongressThe Senate
Senate Majority party
chooses the president pro tempore (requirement by Constitution for a presiding officer in absence of the V.P.)
President Pro TemporeRobert C. ByrdDemocrat, West Virginia
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The Organization of CongressThe Senate
Majority Leader Schedule business Right to be recognized 1st in any floor
debate Serve additional needs of senators
Minority leader Serve the needs of the party Mitch McConnell (Kentucky)
Whip Party leader who makes certain that
party members are present & vote the way of the party
Richard Durbin (Illinois) http://www.senate.gov/pagelayout/
senators/a_three_sections_with_teasers/leadership.htm Majority Leader
Harry ReidDemocrat, Nevada
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The Organization of CongressThe Senate
Policy committees – chosen by both parties help schedule Senate biz
Dems – Steering Comm. Repubs. – Committee on
Committees Both assign senators to
standing committees Huge for BOTH
individual senators & their constituents
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The Organization of CongressThe Senate
Party control helps determine what issues get to the floor for a vote
Party leadership also helps set the ideological and regional balance of the committee members
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The Organization of CongressThe House
Party structure similar to that of the Senate
Leadership is more powerful due to rules due to size (435) Debate restricted Strict scheduling of
business Speaker elected by
majority party Current – Dem. Nancy
Pelosi
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The Organization of CongressThe House
Duties of the speaker Presides over all house meetings Decides who is recognized to speak on the floor Rules on relevance Decides (generally) the committees to which new bills
shall be assigned Influences what bills will be voted on Appoints members of special/select committees Nominate the majority-party members of the rules
Committee Informal – patronage jobs, office space, etc…
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The Organization of CongressThe House
Majority Leader The Majority Leader is the
second-ranking official in the United States House of Representatives. Congre-ssman Steny Hoyer, who represents Maryland's Fifth Congressional District, was elected House Majority Leader by the Democratic Caucus on November 16, 2006.
Minority Leader Whips See chart on page 300
(Wilson) for Party Leadership Structure of Congress
See diagram on page 301 for the layout of the U.S. Congress
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Party Unity
Party polarization – a vote in which a majority of voting Democrats oppose a majority of voting Republicans
Seemingly the norm in the House & Senate
Ex Clinton’s impeachment
Partisanship
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Caucuses
Caucus – an association of members of Congress created to advocate a political ideology or a regional or economic interest.
Members benefits: Gaining information I.D. as a “leader” Showing concern over
the issues
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Caucuses
6 Types of caucuses1. Intraparty – members
share a similar ideology Ex. Dem Study Group
2. Personal Interest – form around a common interest on an issue Ex. Human Rights
3. Constituency Concerns, National – established to represent certain groups
Vietnam Veterans
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Caucuses
6 Types of caucuses4. Constituency Concerns,
Regional – to represent regional concerns Ex. Sunbelt Council
5. Constituency Concerns, state/district – to represent states/districts Ex. Suburban
6. Constituency Concerns, industry – to represent certain segments of biz Ex. Steel
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The Committee System
“Most important” organizational feature of the House and the Senate
Chairmanship, power, number & jurisdiction are all key components of (sub)committees
3 Types of committees1. Standing – permanent bodies with specific legislative
responsibilities2. Select – groups appointed for a limited purpose,
usually lasting a few Congresses.3. Joint – both representatives & senators serve
Ex. Conference comm. – to resolve differences in the Senate & House versions of the same piece of legislation before passage.
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The Committee System
Majority party typically takes the majority of committee seats, & name the chairman.
Ratios of members are (usually) similar to that in Congress
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The Committee System
Standing committees are the most important – only ones that can (typically) propose legislation by reporting a bill to the floor.
House members usually serve on 2 standing committees & 4 subcommittees
Limited to one if you serve on an “exclusive” committee (Appropriations, Rules, Ways & Means)
Senators usually serve on two major and 1 minor committee & 7 subcommittees
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The Committee System
Chairs are typically picked by seniority
Committee rules for the House & Senate are on pages 306 & 307 (Wilson)
Goals were to increase power of individual members at the expense of party leaders
Pros v. Cons ?????
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The Organization of CongressStaffs an Specialized Offices
1998 – Average Rep. 17 assistants
Average Senator 40+ assistants
Huge personal staffs + committee & research staffs = huge bureaucracy
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The Organization of CongressStaffs an Specialized Offices
Tasks Constituent Requests
Answering mail Sending out
newsletters Meeting w/ voters Devising proposals Negotiating
agreements Organizing hearings Drafting reports Meeting with lobbyists
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The Organization of CongressStaffs an Specialized Offices
In district or D.C.? Legislators have offices
in BOTH Loyal to their “boss” Increasing relied upon
by their “bosses” Results in staff to staff
relations Results in
depersonalization of Congress
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The Organization of CongressStaffs an Specialized Offices
Staff Agencies Work for Congress as a
whole Examples –
General accounting Office (GAO) – 5,000 employees, head appointed by President
Congressional Research Service (CRS) – 900 employees, politically neutral
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How a Bill Becomes a Law
USG_How_A_Bill_Becomes_A_Law.ppt
Or See pages 312-313 (Wilson)
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Miscellaneous Facts About – How a bill Becomes a Law
“All bills for raising revenue shall originate in the House”
Most bills die in committee A bill may be examined by several
committees at one time – multiple-referral Speaker of the House may send the bill to a
2nd committee, or parts to separate committees – sequential referral
House uses several calendars for consideration of bills while the Senate uses only one.
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Misc.Facts About – How a Bill Becomes a Law
A bill on a calendar does not assure action House – (Powerful) Rules Committee governs this process
Closed rule – sets time limits on debate & forbids amendment except by sponsoring committee
Open rule – permits amendments from the floor Restrictive rule – permits some amendments but not
others Bypassing the Rules committee
A member moves that rules be suspended 2/3 vote to approve
Discharge petition is filed “Calendar Wednesday” procedure
Bills stalled in committee can be “discharged” to the full floor House – discharge petition – 218 members sign to get
the bill out of committee then the house vote on that petition
Senate – a member can move for discharge, and the Senate votes on the motion
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Misc.Facts About – How a Bill Becomes a Law
Senate Bills may be considered at any time in any order by
Senate majority Majority leader sets the calendar with consultation
from the minority leader. Senate floor Debate No limits on debate Amendments can be offered at any time Amendments do not have to be relevant to the bill Cloture rule – to end or limit debate (to end a
filibuster) – 16 senators petition 3/5th’s of Senators must vote for it.
Limits debate to 1 hour per senator Double tracking allows the senate to set aside the
filibustered bill and work on other issues “to keep the process going”
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Misc.Facts About – How a Bill Becomes a Law
House Quorum – minimum number of members who
must be present to conduct business = 100 members
Committee of the Whole – whoever happens to be on the floor. Can not pass a bill, but recommends it in its final
form to the House for action. Amendments are allowed, but must be germane
to the purpose of the bill – no riders allowed Bills usually passed in this form though
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Methods of Voting
House1. Voice vote – shout
yea or nay2. Division vote –
members stand and are counted
3. Teller vote – pass between two tellers, one yea, one nay, and names may be recorded
4. Roll-call vote – answer yea or nay to your name. Electronically recorded.
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Conference Committees
To reconcile a bill passed in the House & Senate in different forms
3-15 members from each house, picked by chairman of standing committees
Legislation is often substantially rewritten
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Conference Committees
Report from the committee is sent back to both houses for immediate review
It can be accepted or rejected, but not amended
Majority – accepted Alternative – no bill
at all for that session of congress
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Reducing Power & Perks
Pork-barrel legislation Bills that give tangible
benefits to constituents in hopes of winning their votes
Franking privilege Earmarks See chart on page 322
(Wilson) for rules on congressional ethics
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Senators and representatives are paid a salary of $174,000 a year.
Certain members, Speaker of the House and the Senate’s president pro tem, are paid more.Constitution says that Congress fixes its own
“compensation.” Check and balance: President’s veto and fear of
voter backlash against a pay increase.27th Amendment: Congress can give itself a
pay raise but takes affect after the next congressional elections.
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Fringe Benefits “Perks” a benefit awarded to
Congressmen because of their public service.
suite of officesexpense accounts
money to set up office in home district phone & computer & broadcast
services
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Fringe benefits -- money for travel for members of Congress and their staff to home state or districtFranking privilege -- free postal service on mail to constituents
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Fringe Benefits Low-cost health care Low-cost life insurance Generous pension plan Free research service at Library of Congress Low-cost meals at special dining rooms
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Members of Congress are immune (protected) from arrest for noncriminal offenses while engaged in congressional
business.
More importantly, the Speech and Debate Clause (Article I, Section 6,
Clause 1) protects representatives and senators from suits arising from their
official conduct.
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Freedom From Arrest
Constitution grants Freedom from arrest while
traveling to and from legislative sessions.
This includes minor traffic violations, jury duty, and civil
suits (not serious crimes).
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Freedom of expression
“protected speech” Congressmen cannot be
prosecuted or sued for libel or slander for speeches made in committees or on
the floor of CongressOr for what is printed in the Congressional Record.
! &*X#X!!
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Penalties for Misconduct•Censure: officially declaring disapproval of a member•Expulsion: removing a member from Senate and HOR.