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Page 1: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

CONGRESSCONGRESS

Page 2: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

CONGRESSIONAL CONGRESSIONAL DEMOGRAPHICSDEMOGRAPHICS

Page 3: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Personal and Political Personal and Political BackgroundBackground

Not representative of American peopleNot representative of American people Average member of Congress (both houses) is Average member of Congress (both houses) is

white male in mid-50swhite male in mid-50s Most are married with childrenMost are married with children Most are members of Christian churchMost are members of Christian church Most are lawyersMost are lawyers Others have business, education, agriculture, Others have business, education, agriculture,

journalism, professional politics backgroundjournalism, professional politics background

Page 4: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Gender and RaceGender and Race

House of Representatives (2015)House of Representatives (2015):: 84 Women84 Women 44 African-Americans 44 African-Americans 34 Hispanics 34 Hispanics SenateSenate (2015): (2015): 20 Women20 Women 2 African-American2 African-American 3 Hispanics3 Hispanics 1 Asian1 Asian

Page 5: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Does Race/Gender Matter?Does Race/Gender Matter? Descriptive representationDescriptive representation: : similar demographic characteristics between similar demographic characteristics between

representatives and constituencyrepresentatives and constituency Substantive representationSubstantive representation:: Similar opinions between representatives and Similar opinions between representatives and

constituencyconstituency ““Liberal white members represented black interests Liberal white members represented black interests

as strongly as did black representatives.”as strongly as did black representatives.” African-American members are more active than African-American members are more active than

White members in serving African-American White members in serving African-American constituentsconstituents

African-Americans and women are increasingly African-Americans and women are increasingly achieving important positions on committeesachieving important positions on committees

Page 6: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Why is Incumbency an Why is Incumbency an Advantage?Advantage?

Advertising (trips to home district/state, literature, Advertising (trips to home district/state, literature, franking)franking)

Credit-claimingCredit-claiming• Casework: help constituents get what they have a Casework: help constituents get what they have a

right to getright to get• Pork Barrel: list of federal projects, grants and Pork Barrel: list of federal projects, grants and

contractscontracts Position-takingPosition-taking Weak opponentsWeak opponents Easier to raise moneyEasier to raise money People not aware of how politicians votePeople not aware of how politicians vote

Page 7: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

House IncumbencyHouse Incumbency 90% of incumbents in HOR win (and most win 90% of incumbents in HOR win (and most win

with 60% of vote)with 60% of vote) First timers in House: 58 % in 1863 and 8% in First timers in House: 58 % in 1863 and 8% in

1969)1969) Term Limits died in Senate; when imposed by Term Limits died in Senate; when imposed by

states deemed unconstitutionalstates deemed unconstitutional New Freshmen (1992 and 1994 elections)New Freshmen (1992 and 1994 elections)

1.1. RedistrictingRedistricting

2.2. Throw the rascals outThrow the rascals out

3.3. South (Democrats to Republicans)South (Democrats to Republicans)

Page 8: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

How to Lose a Congressional How to Lose a Congressional SeatSeat

Corruption/scandal Corruption/scandal ReapportionmentReapportionment Major political upheavalMajor political upheaval Do not runDo not run

Page 9: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Senate IncumbencySenate Incumbency

Incumbents win by narrower margin than in the Incumbents win by narrower margin than in the House (better than 50% chance)House (better than 50% chance)

Why?Why? State is more diverse than districtsState is more diverse than districts Less personal contact with constituentsLess personal contact with constituents Extensive media coverage makes them more Extensive media coverage makes them more

accountableaccountable Senate races attract more visible, well known Senate races attract more visible, well known

candidates who have financial backerscandidates who have financial backers

Page 10: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Parliament vs. CongressParliament vs. Congress

Party supportParty support Party loyaltyParty loyalty Choose prime Choose prime

ministerminister Little Little

independent independent powerpower

PrimaryPrimary IndividualIndividual Separate Separate

Presidential Presidential electionelection

PowerfulPowerful Staggered Staggered

ElectionsElections

Page 11: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Representation ProblemsRepresentation Problems MalapportionmentMalapportionment: Different size districts : Different size districts

in terms of populationin terms of population GerrymanderingGerrymandering: Unusual shaped : Unusual shaped

districts designed to assure the victory of districts designed to assure the victory of a candidatea candidate

Majority-Minority DistrictsMajority-Minority Districts Shaw v. Reno (1993)Shaw v. Reno (1993) Allocating seats among statesAllocating seats among states Size of House (435): 1911 last changeSize of House (435): 1911 last change

Page 12: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Qualifications for RepresentativesQualifications for Representatives Lower houseLower house 25 when seated25 when seated Citizen for 7 yearsCitizen for 7 years Inhabitant of stateInhabitant of state Does not have to be a resident of district Does not have to be a resident of district

representedrepresented Fixed at 435 in 1929Fixed at 435 in 1929 reapportioned every 10 yearsreapportioned every 10 years

Page 13: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Qualifications for SenatorsQualifications for Senators

Upper houseUpper house30 years when seated30 years when seatedStaggered 6 year termsStaggered 6 year termsCitizen for 9 yearsCitizen for 9 years Inhabitant of state representedInhabitant of state represented

Page 14: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

EVOLUTION OF CONGRESSEVOLUTION OF CONGRESS

Page 15: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

1. Powerful House1. Powerful House

Washington, Adams, JeffersonWashington, Adams, Jefferson Stronger than SenateStronger than Senate Speaker appointed chair and membersSpeaker appointed chair and members Caucus appointed Presidential Caucus appointed Presidential

candidate for each partycandidate for each party

Page 16: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

2. Divided House2. Divided House

Starting in 1820sStarting in 1820s Andrew Jackson vetoed legislationAndrew Jackson vetoed legislation National conventions replaced caucus National conventions replaced caucus

systemsystem Slavery issueSlavery issue Speaker lost powerSpeaker lost power

Page 17: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

3. Powerful Speaker3. Powerful Speaker

Thomas B. Reed (Maine): 1889Thomas B. Reed (Maine): 1889 Joseph G. Cannon (Illinois)Joseph G. Cannon (Illinois)

Page 18: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

4. Revolt against the Speaker4. Revolt against the Speaker

1910-1911 Cannon lost most of his 1910-1911 Cannon lost most of his powerpower

Caucus power increased somewhatCaucus power increased somewhat Powerful Rules CommitteePowerful Rules Committee Standing Chairs’ power increased (to Standing Chairs’ power increased (to

1970s)1970s) SenioritySeniority

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5. Individual Members5. Individual Members

1960s and 1970s1960s and 1970s Civil Rights issueCivil Rights issue Chairs elected by majority party not Chairs elected by majority party not

seniority (1970s)seniority (1970s) Chairs lost powerChairs lost power House members could introduce House members could introduce

legislationlegislation Public meetingsPublic meetings

Page 20: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

6. Return of Leadership6. Return of Leadership

Individualism led to gridlockIndividualism led to gridlock In 1970s and 1980s Speaker: In 1970s and 1980s Speaker:

Chose majority of Rules Committee and other Chose majority of Rules Committee and other committeescommitteesAssigned bills to several committeesAssigned bills to several committees

After 1994:After 1994:Committees and subcommittees reducedCommittees and subcommittees reducedSpeaker power increasedSpeaker power increasedSeniority ignoredSeniority ignored

Page 21: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

EVOLUTION OF THE EVOLUTION OF THE SENATESENATE

Slavery issue was balancedSlavery issue was balanced Senators chosen by state legislatorsSenators chosen by state legislators Seventeenth AmendmentSeventeenth Amendment (1913): (1913):

popular electionpopular election

Debate time not limitedDebate time not limited FilibusterFilibuster: Non-stop talking unless 60 : Non-stop talking unless 60

senators vote for cloture (Rule 22)senators vote for cloture (Rule 22)

Page 22: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

THEORIES ON THEORIES ON CONGRESSIONAL BEHAVIORCONGRESSIONAL BEHAVIOR

What do Congressmen do?What do Congressmen do?

They are…They are…

Page 23: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

PartyParty

Democrats controlled both houses 25/33 Democrats controlled both houses 25/33 congresses (1933 – 1998)congresses (1933 – 1998)

Popular vote for Republicans higher than Popular vote for Republicans higher than seats won (1968 – 1998)seats won (1968 – 1998)

Democrats lost dominance in 1994 because:Democrats lost dominance in 1994 because: ““mess in Washington”mess in Washington” Conservative coalitionConservative coalition Most members represent constituencies in Most members represent constituencies in

which their party is in the majoritywhich their party is in the majority

Page 24: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Delegates: Delegates: Representational ViewRepresentational View

Voting what the constituents wantVoting what the constituents want::

Civil rightsCivil rights

Social WelfareSocial Welfare

Gun control, abortion (if message Gun control, abortion (if message from voters is clear)from voters is clear)

NOT foreign policyNOT foreign policy

Page 25: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Partisan: Organizational ViewPartisan: Organizational View

Party lineParty linePeersPeersRepublican Study CommitteeRepublican Study CommitteeDemocratic Study GroupDemocratic Study Group

Page 26: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Trustees: Attitudinal ViewTrustees: Attitudinal View

Holders of the public trustHolders of the public trust Ideology of elected officialIdeology of elected officialHouse more in tune with publicHouse more in tune with publicSenators more extremeSenators more extreme

Page 27: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Watchdogs: Oversight Watchdogs: Oversight FunctionFunction

Check to see if agencies in executive Check to see if agencies in executive branch are working efficiently and branch are working efficiently and according to the lawaccording to the law

They do not run these departmentsThey do not run these departments Authorize agency’s programsAuthorize agency’s programs Appropriate budgetsAppropriate budgets Investigate agency operationsInvestigate agency operations Confirmation of cabinet membersConfirmation of cabinet members

Page 28: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Other rolesOther roles

Help companies get Help companies get government contractsgovernment contracts

Make appointments to military Make appointments to military academiesacademies

Page 29: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

CompensationCompensation

$174,000 per year (more for leaders)$174,000 per year (more for leaders) Free parking, low-cost medical care, pensions, Free parking, low-cost medical care, pensions,

free printing/distribution of speeches, free printing/distribution of speeches, newslettersnewsletters

Congress sets its own pay and benefitsCongress sets its own pay and benefits Tempered by Presidential veto and voter Tempered by Presidential veto and voter

backlashbacklash Others…Others…

Page 30: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

PrivilegesPrivileges

May not be arrested for misdemeanors May not be arrested for misdemeanors while Congress is in sessionwhile Congress is in session

Cannot be sued for statements made on Cannot be sued for statements made on floor of Congressfloor of Congress

Page 31: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Public PerceptionPublic Perception

““Americans hold Congress in low Americans hold Congress in low esteem, while holding our own esteem, while holding our own members in high esteem”members in high esteem”

Page 32: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Speaker of the House

Majority Leader

Majority Whip

House of Representatives Leadership

Go toSenate

Page 33: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Speaker of the House Speaker of the House Second in line of successionSecond in line of succession Presides over house when in sessionPresides over house when in session Major role in making committee Major role in making committee

assignmentsassignments Extensive control over which bills are Extensive control over which bills are

assigned to which committeesassigned to which committees Appoints or plays key role in appointing Appoints or plays key role in appointing

legislative leaderslegislative leaders

John Boehner (OH)

Back

Page 34: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

House Majority/Minority House Majority/Minority LeaderLeader

Rounds up votesRounds up votes Influences committee assignmentsInfluences committee assignments Schedules billsSchedules bills

Minority Leader

Back

Majority LeaderKevin McCarthy (CA)

Nancy Pelosi (CA)

Page 35: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

WhipsWhips

Minority WhipEric Cantor (VA)

Work with majority Work with majority (minority) leader to (minority) leader to round up votesround up votes

Report views and Report views and complaints of party complaints of party members back to members back to leadersleaders

                                            

Democratic WhipJames E. Clyburn(SC)

Back

House Majority Whip- Steve Scalise (LA)House Majority Whip- Steve Scalise (LA) House Minority Whip- Steny Hoyer (MD)House Minority Whip- Steny Hoyer (MD)

Page 36: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

President of the Senate

President Pro Tempore

Majority Leader

Majority Whip

End

Senate Leadership

Page 37: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

President of the SenatePresident of the Senate

Joe Biden (DE)

Vice PresidentVice President

Votes if there is a tieVotes if there is a tie

Back

Page 38: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Orrin Hatch (UT)

                               

Presides in the absence of the Vice President

Honorary, without any real power

Given to most senior memberof majority party

President Pro TemporePresident Pro Tempore

Page 39: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

                                  

Majority Leader Mitch McConnell (Kentucky)Minority Leader

Harry Reid (NV)

• “Corralling” Votes• Schedule Floor action• Influence committee Assignments

Senate LeadersSenate Leaders

Back

Page 40: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Majority WhipJohn Cornyn (TX)

Minority WhipDick Durbin (IL)

Senate WhipsSenate Whips

Similar role to counterparts in the House

Back

Page 41: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Committees and SubcommitteesCommittees and Subcommittees Standing CommitteesStanding Committees: : PermanentPermanent Each deals with separate policy areas or subject matterEach deals with separate policy areas or subject matter JointJoint: : Members from both HousesMembers from both Houses Often related to economy and taxationOften related to economy and taxation Conference CommitteesConference Committees: resolve disputes in legislation : resolve disputes in legislation

between houses and reports back a compromise billbetween houses and reports back a compromise bill SelectSelect: : TemporaryTemporary Specific purpose (e.g., Watergate)Specific purpose (e.g., Watergate)

Page 42: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Purpose of CommitteesPurpose of Committees Life or death (for a bill)Life or death (for a bill) Hold hearingsHold hearings Conduct other researchConduct other research Write and rewrite (marked up bill)Write and rewrite (marked up bill) Floor managers: help gather votesFloor managers: help gather votes Cue givers: “experts” on the billCue givers: “experts” on the bill Legislative oversight/watchdog: monitor Legislative oversight/watchdog: monitor

bureaucracy’s administration of policy via hearingsbureaucracy’s administration of policy via hearings Approve budgetsApprove budgets Investigate wrongdoingInvestigate wrongdoing

Page 43: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Chairs and Seniority SystemChairs and Seniority System Most important influencers of committee

agenda: Schedule hearings Hire staff Appoint subcommittees Manage committee bills brought before the full

House “Bottle up” legislation in committee Until the 1970s, chairs always selected

through seniority system.

Page 44: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Chairs and Seniority SystemChairs and Seniority System

In the 1970s, Congress faced a revolt of its younger members:

Both parties in both houses permitted members to vote on committee chairs.

Seniority still remains general rule, but many exceptions

These and other reforms have somewhat reduced the clout of chairs

Page 45: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

House Reforms (1995)House Reforms (1995)

No proxy votingNo proxy voting Tenure for chair and subcommittee Tenure for chair and subcommittee

chairs 6 consecutive yearschairs 6 consecutive years Speaker tenure: 8 yearsSpeaker tenure: 8 years More floor debateMore floor debate Reduce number of committees and Reduce number of committees and

subcommitteessubcommittees Chairs hire subcommittee staffsChairs hire subcommittee staffs

Page 46: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Senate Reforms (1995)Senate Reforms (1995)

Chair elected by secret ballotChair elected by secret ballot Tenure for chair and subcommittee Tenure for chair and subcommittee

chairs 6 consecutive years (No limit on chairs 6 consecutive years (No limit on terms for majority leaders)terms for majority leaders)

Page 47: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Congressional CaucusesCongressional Caucuses Informal groups of members of Congress Informal groups of members of Congress

sharing some interest or characteristicsharing some interest or characteristic IntrapartyIntraparty IdeologicalIdeological Economics/Industry ConcernsEconomics/Industry Concerns Personal InterestPersonal Interest National ConcernsNational Concerns Regional ConcernsRegional Concerns State ConcernsState Concerns

Page 48: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Intraparty

StateConcerns

IdeologicalRegionalConcerns

NationalConcerns

PersonalInterest

PersonalCharacteristics

Page 49: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

IntrapartyIntraparty

1.1. Democratic Study groupsDemocratic Study groups

2.2. Tuesday Lunch BunchTuesday Lunch Bunch

Page 50: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

National ConcernsNational Concerns

9/11 Commission9/11 Commission

Page 51: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Personal CharacteristicsPersonal Characteristics

Black CaucusBlack Caucus Congresswomen’s CaucusCongresswomen’s Caucus Hispanic CaucusHispanic Caucus

Page 52: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

IdeologicalIdeological

Moderate/conservativeModerate/conservative Blue Dog DemocratsBlue Dog Democrats

Page 53: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Regional ConcernsRegional Concerns

SunbeltSunbelt Northeast-Midwest Congressional CoalitionNortheast-Midwest Congressional Coalition

Page 54: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Personal InterestPersonal Interest

Children’sChildren’s Climate ChangeClimate Change

Page 55: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

State ConcernsState Concerns

AutomotiveAutomotive Shifts depending on issues within states at Shifts depending on issues within states at

any given timeany given time

Page 56: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

CommitteeStaff

•Organize Hearings•Research Legislative

Options•Draft committee reports

•Write legislation•Watchdog

StaffAgencies

•CongressionalResearch Service

•GeneralAccounting

Office•Congressional Budget

Office

PersonalStaff

•Help Constituents•Work in DC

Congressional Staff

Page 57: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Congressional Research ServiceCongressional Research Service

Administered by Library of CongressAdministered by Library of Congress ResearchResearch Track progress of billsTrack progress of bills Prepare summaries of billsPrepare summaries of bills

Page 58: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

General Accounting OfficeGeneral Accounting Office

Reviews activities of executive branchReviews activities of executive branch Investigates efficiency and effectiveness of Investigates efficiency and effectiveness of

policypolicy Financial AuditsFinancial Audits

Page 59: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

HOW A BILL BECOMES A HOW A BILL BECOMES A LAWLAW

Page 60: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Introducing a BillIntroducing a Bill Most bills do not originate with individual members of

Congress, but all bills must be proposed by a Congress member.

Most are suggested by the executive branch, after coordination with OMB.

“The president's task is to persuade Congress that his agenda should also be Congress' agenda.”

They may try to influence members directly, but more often will leave White House lobbying to the congressional liaison office and work primarily through regular meetings with the party's leaders in the House and Senate.

Special interest groups often suggest ideas for bills as do private citizens.

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House of RepresentativesHouse of Representatives

Page 62: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

1.1. First Reading: First Reading: Introducing a BillIntroducing a Bill

Hand it to a clerk or Drop in the hopper Assigned number, short title, long title Speaker refers bill to appropriate

standing committee (Revenue bills have to originate in

House)

Page 63: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

Types of BillsTypes of Bills Public bill: apply to the nation as a whole Private bill: apply to particular individual or place Simple resolution: rules for operation; do not

require president’s signature Concurrent operation/resolution: procedural

matters affecting both houses; do not require President’s signature

Joint Resolution: deal with temporary or unusual matters, must be approved by both houses, and signed by President (propose an amendment- not signed by President)

A rider is a provision not likely to pass on its own merit that is attached to an important measure

Page 64: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

2. Committees and Subcommittees2. Committees and Subcommittees Speaker decides which committee Important part of legislative process goes on at this

stage Witnesses inform, and interest groups given forum “Mark up” (revise, rewrite) bills Members help get votes for bill once it leaves

committee*Multiple referral: several committees at the same time

(abolished in 1995) Sequential referral- Referred to House or killed Discharge petition: 218 members

Page 65: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

2. 2. Legislative OversightLegislative Oversight Process of holding executive branch agencies

accountable for its actions. Check on the executive branch Handled primarily through hearings. Members of

committees constantly monitor how a bill is implemented.

Process enables Congress to exert pressure on executive agencies, or even to cut their budgets in order to secure compliance with congressional wishes.

Sometimes captures public attention: Watergate scandal, the 1987 Iran-Contra affair, Whitewater

Page 66: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

2. 2. Legislative OversightLegislative Oversight

Oversee more routine activities of the executive branch through its committee staff members, who have specialized expertise in the fields and agencies that their committees oversee (and who maintain an extensive network of formal and informal contacts with the bureaucracy).

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Getting on a CommitteeGetting on a Committee After election, new members write to the party's

congressional leaders and members of their state delegation, indicating their committee preferences.

Leaders almost always play a key role in making these decisions

Committee work is essential to maximize his or her power in the House.

Constituent work may assure reelection or performing other functions with that same goal, but will not ensure power in the House

Every committee includes members from both parties Majority party makes up majority on each committee's

and chair

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Types of CommitteesTypes of Committees

Page 69: CONGRESS. CONGRESSIONAL DEMOGRAPHICS Personal and Political Background Not representative of American people Not representative of American people Average

a. House Standing Committeesa. House Standing Committees Permanent with specific legislative Permanent with specific legislative

responsibilitiesresponsibilities Report a bill to full HouseReport a bill to full House ExclusiveExclusive: No other (except Budget): No other (except Budget) MajorMajor: no more than one: no more than one NonmajorNonmajor: one major and one nonmajor or two : one major and one nonmajor or two

nonmajornonmajor Typical rep serves on two committees and four Typical rep serves on two committees and four

subcommitteessubcommittees

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Senate Standing CommitteesSenate Standing Committees

Permanent with specific legislative Permanent with specific legislative responsibilitiesresponsibilities

Report a bill to full SenateReport a bill to full Senate Major: no more than twoMajor: no more than two Minor: no more than oneMinor: no more than one SelectSelect

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b. Joint Committeesb. Joint Committees

Study committeesStudy committees Members from both housesMembers from both houses

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c. Select Committeesc. Select Committees

Limited purposeLimited purpose Lasting only few congressesLasting only few congresses Watergate Watergate

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d. Conference Committeesd. Conference Committees

Both housesBoth houses Reconcile disagreements between both Reconcile disagreements between both

houseshouses

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Committee and Committee and SubcommitteesSubcommittees

Subcommittee reports to full committee:Subcommittee reports to full committee: Report bill favorably to full house with a “do Report bill favorably to full house with a “do

pass” recommendationpass” recommendation Refuse to report bill (pigeonhole)Refuse to report bill (pigeonhole) Discharge petition forces bill out of Discharge petition forces bill out of

pigeonholepigeonhole Report bill unfavorablyReport bill unfavorably Report bill in amended formReport bill in amended form Report entirely new billReport entirely new bill

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2a. Calendar2a. Calendar

Before reaching floor, bill must be Before reaching floor, bill must be placed on a calendarplaced on a calendar

Five calendars Five calendars UnionUnion: revenue raising or spending: revenue raising or spending HouseHouse: Important non-money bills: Important non-money bills PrivatePrivate: Individual concerns: Individual concerns ConsentConsent: non-controversial bills: non-controversial bills DischargeDischarge: discharge petitions: discharge petitions

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2a. Senate Calendars2a. Senate Calendars

ExecutiveExecutive: presidential nominations, : presidential nominations, treatiestreaties

Calendar of BusinessCalendar of Business: all legislation: all legislation

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2b. Rules2b. Rules Approval for debate Conditions under which bill is debated Rules Committee decides (unless bill is

privileged or rules are suspended): Closed rule:

1. Time limit

2. No amendments introduced Open rule: Amendments from the floor Restrictive Rule: Some amendments

allowed

3. Kill bill

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2b. Rules2b. Rules Privileged: First, various House rules make certain kinds of

measures privileged, including most appropriations bills, budget measures, conference reports, and measures reported from the Rules Committee either to amend the standing rules or to affect the order of business. Such a privileged measure can be called up for floor consideration whenever there is no other measure pending. The standing rules grant these measures privileged access to the floor because of their special importance for the House's ability to meet its constitutional responsibilities.

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2b. Rules2b. Rules Privileged: Second, the standing rules also make certain

procedures in order on designated days of each week or month; measures brought up under these procedures thereby become privileged for floor consideration on those days. The most common of these special procedures is suspension of the rules. On every Monday and Tuesday, motions are in order to suspend the rules and pass individual bills (or take other legislative actions).

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2b. Rules2b. Rules Privileged: Other days each month are set aside for floor

action on motions to discharge committees from further consideration of bills, on bills listed on the Corrections and Private calendars, and on certain bills concerning the District of Columbia. Another little-used procedure called Calendar Wednesday sets aside each Wednesday for committees to call up bills they have reported and that are not otherwise privileged for floor consideration.

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2b. Rules2b. Rules Privileged: These procedures are useful but they do not

enable the House to take up most of the important legislation on which its Members wish to act, including tax bills, all the major authorization bills, and other bills that cannot pass by two-thirds votes under suspension motions.

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2b. Rules2b. Rules Privileged: So each of these measures becomes

privileged in a third way--by the House voting for a resolution, recommended by the Rules Committee, to make that bill in order for floor consideration. In other words, the Rules Committee reports a privileged resolution on the order of business which proposes that another particular measure should be considered on the floor. If the House adopts that resolution by simple majority vote, the measure to which it relates then becomes privileged

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Bypassing Rules CommitteeBypassing Rules Committee

1.1. Member moves that rules be Member moves that rules be suspended (2/3 vote)suspended (2/3 vote)

2.2. Discharge petitionDischarge petition

3.3. Calendar WednesdayCalendar Wednesday Committees called alphabeticallyCommittees called alphabetically Bill has to be completed that dayBill has to be completed that day None of these is used very oftenNone of these is used very often

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3. Floor Debate3. Floor Debate

A. Committee of the Whole: 100 for a quorum (Quorum call: delay by calling roll to see if quorum is present)

Debates or Amends germane bills Five minute limit

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4. Voting4. Voting

B.B. Methods of Voting

1. Voice: Yea or nay (most common)

2. Division (Standing): Stand and be counted

3. Teller: names recorded at request of 20% present

4. Roll-Call: names recorded at request of 20% present

Approved bill, read third time, voted on again, and signed by speaker

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5. (Joint) Conference 5. (Joint) Conference CommitteeCommittee

Vote to have conference 3-15 members per house Achieve a compromise bill acceptable

to both houses No new amendments can be added Revised bill accepted or rejected Senate version usually favored

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SENATESENATE

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1. Introducing a bill1. Introducing a bill

Senator recognized by presiding officerSenator recognized by presiding officer

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2. Committee2. Committee

Presiding officer assigns billPresiding officer assigns bill Discharge Petition rarely usedDischarge Petition rarely used

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3. Floor Debate3. Floor Debate

Germane or notGermane or not Filibuster: unlimited debateFilibuster: unlimited debate Double TrackingDouble Tracking: :

Temporarily shelve bill in questionTemporarily shelve bill in question Cloture RuleCloture Rule::

16 senators sign petition16 senators sign petition60 needed to approve60 needed to approveOne hour/senator (100 hour max)One hour/senator (100 hour max)

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4. Voting4. Voting

VoiceVoice Roll callRoll call DivisionDivision

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ReformReform

Term LimitsTerm Limits Pork-Barrel: bills that give tangible Pork-Barrel: bills that give tangible

benefits to constituents in the hopes of benefits to constituents in the hopes of winning their voteswinning their votes

FrankingFranking EthicsEthics

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Senate Ethics (1978, 1989, 1995) Gifts no more than $100 except from spouse or Gifts no more than $100 except from spouse or

personal friendpersonal friend Lobbyists may not pay for gifts, official travel, legal Lobbyists may not pay for gifts, official travel, legal

defense funds, or charitable contributions to groups defense funds, or charitable contributions to groups controlled by senatorscontrolled by senators

No Fees for outside lecturing or writingNo Fees for outside lecturing or writing Outside earned income no more than 15% of Outside earned income no more than 15% of

senator’s salarysenator’s salary Ex-senators may not try to influence members of Ex-senators may not try to influence members of

Congress for one year after leaving the SenateCongress for one year after leaving the Senate Mass Mailings: $50,000 maximumMass Mailings: $50,000 maximum

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House Ethics (1978, 1989, 1995)House Ethics (1978, 1989, 1995) No Gifts in money, meals or things totaling No Gifts in money, meals or things totaling

more than $100 except from spouse or more than $100 except from spouse or personal friend personal friend

Lobbyists may not pay for gifts, official travel, Lobbyists may not pay for gifts, official travel, legal defense funds, or charitable contributions legal defense funds, or charitable contributions to groups controlled by senatorsto groups controlled by senators

Travel: may travel at the expense of others if Travel: may travel at the expense of others if officially connected to businessofficially connected to business

No Fees for outside lecturing or writingNo Fees for outside lecturing or writing Ex-House members may not try to influence Ex-House members may not try to influence

members of Congress for one year after leaving members of Congress for one year after leaving the Senatethe Senate

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House StructureHouse Structure

DemocratsDemocrats Majority/Minority LeaderMajority/Minority Leader Majority/Minority WhipMajority/Minority Whip Chairman of the Chairman of the

CaucusCaucus Steering and Policy Steering and Policy

CommitteeCommittee Democratic Democratic

Congressional Congressional Campaign CommitteeCampaign Committee

RepublicansRepublicans Majority/Minority LeaderMajority/Minority Leader Majority/Minority WhipMajority/Minority Whip Chairman of the Chairman of the

ConferenceConference Committee on Committee on

CommitteesCommittees Policy CommitteePolicy Committee National Republican National Republican

Congressional Congressional CommitteeCommittee

Research CommitteeResearch Committee

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Senate StructureSenate Structure

DemocratsDemocrats Majority/Minority LeaderMajority/Minority Leader Majority/Minority WhipMajority/Minority Whip Chairman of the Chairman of the

ConferenceConference Policy CommitteePolicy Committee Steering CommitteeSteering Committee Democratic Senatorial Democratic Senatorial

Campaign CommitteeCampaign Committee

RepublicansRepublicans President Pro TemporePresident Pro Tempore Majority/Minority LeaderMajority/Minority Leader Assistant Assistant

Majority/Minority LeaderMajority/Minority Leader Chairman of the Chairman of the

ConferenceConference Policy CommitteePolicy Committee Committee on Committee on

CommitteesCommittees Republican Senatorial Republican Senatorial

Campaign CommitteeCampaign Committee