Congress

1. Congress Chapter 11

2. 4 Themes of Congress • Theme A: Who Gets to Congress? • Theme B: Does Congress Represent Constituents’ Opinions? • Theme C: Congressional Organization & Procedures • Theme D: Ethics and Congress

3. Theme A: Who Gets to Congress? • Structure of Congress • Goal of the Framers • Apportionment • Congressional Elections • Incumbency effect on Congress • Composition of 113th Congress

4. Structure of Congress • Bicameral (2 chambers) • House of Representatives • Senate • Terms begin on January 3rd of odd-numbered years • Responsible for writing the nation’s laws, in addition to serving other functions

5. General Structure of Congress

6. www.house.gov House of Representatives • Members: • 441 total members • Head of House: Speaker of the House • 435 voting members • Seats apportioned based on population • Qualifications: • At least 25 years old • Must be a citizen for at least 7 years • Must reside in the state representing • Terms: • 2 years each • May be re-elected for unlimited terms • Districts: • Represent single districts

7. www.senate.gov Senate • Members: • 100 total members • Head of Senate: President of the Senate • Seats apportioned two per state • Qualifications: • At least 30 years old • Must be a citizen for at least 9 years • Must reside in the state representing • Terms: • 6 years each • Staggered elections, every two years • May be re-elected for unlimited terms • Representation: • Represents entire state

8. Goal of the Framers • Created a Congress rather than a parliament to prevent concentrated power in a single governmental institution • Bicameral legislature to resolve conflict between large & small states • Main argument of the Constitutional Convention • Virginia Plan vs. New Jersey Plan • Settled with the Connecticut “Great” Compromise • “Lower” House based on population • Upper House based on state equality

9. House Apportionment • 435 voting seats distributed based on population • Total number of seats was set by the The Permanent Apportionment Act of 1929 • Constitution mandates at least one vote per state • Constitution calls for a census to be conducted every 10 years • Reapportionment of the 435 seats based on results • State legislatures responsible for redrawing district lines • Florida’s Congressional District Map

10. Gerrymandering Directions:draw the below “state’’ into 5 districts so that party x wins as many seats as possible. Circle your districts. • Definition: drawing congressional districts to favor one political party or group over another • Westbury v. Sanders X X X X X O O X O O X X O X O O O X O X O O O X O

11. Congressional Elections • Senate • Senators were originally chosen by state legislatures • 17th Amendment allows for direct election of senators by the people • Chosen by the constituents of the entire state they represent • 1/3 of all senators are up for re-election every two years • House • Chosen from the constituents in the district which they are representing • All 435 seats are up for re-election every two years

12. Longest Serving Rep Longest Serving Senator Incumbency Effect on Congress • Incumbent: the gov. official already holding office • Incumbents have a tendency of winning reelection • House incumbent election rates average more than 90% • Senate rates aren’t as strong • Safe districts- incumbent wins more than 55% of the votes • Advantages of being the incumbent: • Name recognition- people know you • Credit claiming- “look what I did” • Casework for constituents- work done for folks back home • Visibility to constituents- mail, social media, face-to-face • Media exposure- free publicity on the news • Fundraising abilities- easier to raise money • Voting record- voters can evaluate past performance

13. Who Serves In Congress • Members predominately white men • Women and minorities severely underrepresented • Voting Rights Act of 1965 encouraged states to take measures to increase minority representation in Congress • Members primarily from the legal and business worlds • Almost ½ of the Senate and House have a legal background • Have the experience in law, prominence in the community, and personal wealth to finance a campaign

14. 113th Congress • RollCall • Latinos Break Record

16. Theme B: Does Congress Represent Constituents’ Opinions? • Roles of members of Congress • Types of representation • Congressional staff and support • Privileges of members of Congress

17. Roles of Members of Congress • Members of Congress have several roles: • Policymaker- writing and passing national laws • Representative- represent constituents • Servant- help constituents with problems • Committee member- serve on committees • Politician- support political party & get reelected

18. What is the Role of a Congressman? -Rep. Luther Patrick (D., Alabama)

19. Types of Representation • Delegate (representational) • member votes based on the wishes of their constituents, regardless of their own opinions • Trustee (attitudinal) • member votes based on their own opinions • Partisan (organizational) • Member votes based on the ideology of the party

20. Congressional Staff & Support • Personal staff work directly for members of Congress in Washington, D.C., and their district offices in their home states • U.S. Congressman Trey Radel • Committee staff work for committees and subcommittees in Congress, researching problems and analyzing information • Support agencies provide services to members of Congress • Ex: Library of Congress

21. Get Involved! • Serve as an intern

22. Privileges of Members of Congress • Members of Congress enjoy many privileges including: • Financial allowances for offices in their districts • Travel allowances • Franking privileges- free postage to constituents • Immunity from arrest while conducting congressional business • Immunity from libel or slander suits for their speech or debate in Congress

23. Myth: Members of Congress are exempt from the laws they passReality: Members of Congress are already subject to all of the same laws of our country. This exception is Article 1, Section 6 of the Constitution, which states:“They [Congress] shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”This section of the Constitution exists to protect the separation of powers and ensure that the executive branch does not abuse its own authority to influence votes in Congress. Please note that this does not exempt Members of Congress from prosecution for commission of a crime. Furthermore, it does not apply when Congress is not in session. Otherwise, the laws of our nation and state and local governments are equally applicable to Members of Congress as all other Americans.

24. American Approval of Congress • Typically see Congressional members as being “for the people” • Members of Congress view themselves as “fighting Washington” for their district • Current issues affecting approval • Congressional Leaders Get Low Marks as Fiscal Fight Looms • GOP Ratings Drop

25. Theme C: Congressional Organization & Procedures • Congressional Leadership • The Committee System • Powers of Congress • The lawmaking process • Legislative tactics • Notable legislation

26. Congressional Leadership Senate House • President of the Senate • Vice President of U.S., according to the Constitution • President pro tempore • Senior member of the majority party chosen to preside over the Senate in the absence of the VP • Majority floor leader • Most influential member of the Senate & often the majority party spokesman • Minority floor leader • Major spokesman for the minority party • Whips • Serve same role as House whips • Speaker of the House • Presiding officer & most powerful member • Majority leader • Serves as the major assistant to the speaker • Minority leader • Major spokesman for the minority party • Whips • Help floor leaders by directing party members in voting, informing members on impeding voting, keeping track of vote counts, and pressuring members to vote with the party

27. Current House Leadership • Majority Leader • Rep. Eric Cantor (R-VA) • Speaker of the House • Rep. John Boehner (R-OH) • Whips • Rep. Kevin McCarthy (R-CA) • Rep. Steny Hoyer (D-MD) • Minority Leader • Nancy Pelosi

28. Current Senate Leadership • President of the Senate • Vice President Joe Biden • President pro Tempore • Senator Patrick Leahy • (D-VT) • Minority Floor Leader • Mitch McConnell (R-KY) • Majority Floor Leader • Harry Reid (D-NV)

29. Speaker of the House vs. President of the Senate

30. Congressional Leadership • Speakers of the House • http://clerk.house.gov/member_info/leadership.aspx

31. The Committee System • Most of the work of Congress is accomplished through committees • Committees allow Congress to divide the work among members, speeding up the passage of legislation • Leadership Committees • Committee chairpersons are members of the majority party in each house • Traditionally chosen based on the seniority system • Majority party member having the longest length of committee service • Responsible for setting agendas, assigning members to subcommittees, decide whether committees will hold public hearings, managing floor debate of the bill when it is presented to the full house or Senate

32. The Committee System Continued • Membership on Committees • The % of each committee’s membership reflects the overall percentage of Democrats & Republicans in each house • Members try and serve on committees where they feel they have influence on public policy relating to their district or state • Types of Committees • Standing committee • Permanent committee that deals w/specific policy matters • Select committee • Temporary committee appointed for a specific purpose • Joint committee • Made up of members from both houses of Congress • Conference committee • Temporary committee of members from both houses of Congress, created to resolve the differences in the House & Senate versions of a bill

33. House vs. Senate Standing Committees House Standing Committees Senate Standing Committees • www.house.gov/committees • U.S. Senate: Committees

34. Quote Response… • “Congress in session is Congress on public exhibition, whilst Congress in its committee-rooms is Congress at work.“ • Woodrow Wilson, 1885 • Write a response explaining President Wilson’s concern with the Congress • Will be collected for a classwork grade!

35. HOMEWORK… • Briefly summarize each of the 18 clauses (27 powers) in Article I, Section 8 of the Constitution • Additionally, draw a graphic to represent each power

36. Powers of Congress • Legislative Powers—power to make laws • Expressed powers: powers granted to Congress in the Constitution • Mostly found in Article I, Section 8 of the Constitution • Implied powers: powers that are reasonable suggested to carry out the expressed powers • Article I, Section 8, Clause 18: • “necessary and proper” (elastic) Clause allows for the expansion of Congressional powers • “Congress shall have the power to make all laws which shall be necessary & proper for carrying into execution the foregoing powers…” • Nonlegislative Powers—powers other than lawmaking

37. Expressed Powers of congress • Expressed powers of Congress are found in Article I, Section VIII of the Constitution • There are 27 different expressed powers given to Congress • Written very briefly Art. I Sect. 8 Clause 3 Art. I Sect. 8 Clause 5 Art. I Sect. 8 Clause 1 Art. I Sect. 8 Clause 7 Constitution Scavenger Hunt: Find & Define These! 16thAmendment Art. I Sect. 9 Clause 5 Art. I Sect. 8 Clause 8 Art. I Sect. 8 Clause 4

38. Why did the Framer’s grant the power to tax as Congress’ first listed power?

39. Legislative Powers • Article I, Section 8—Congress shall have power to: • Lay and collect taxes • Borrow money on the credit of the United States • Regulate commerce with foreign nations & among states • Establish a uniform rule of natrualization, laws on bankruptcies • Coin money, regulate the value thereof, and fix the standard of weights and measures • Provide for the punishment of counterfeiting coin of the United States • Establish post offices and post roads • Promote the progress of science & useful arts by securing, for limited time to authors & inventors the exclusive right to their respective writings and discoveries

40. Legislative Powers Continued • Article I, Section 8—Congress shall have power to: • Constitute (courts) inferior to the Supreme Court • Define and punish piracies and felonies committed on the high seas, and offenses against the law of nations • Declare war, grant letters of marque and reprisal, and make rules concerning captures on land & water • Raise and support armies • Provide and maintain a navy • Make rules for the government & regulation of the land and naval forces • Provide for calling forth the militia to execute the laws of the union • Provide for organizing, arming, and disciplining the militia • Exercise exclusive legislation in all cases over the nation • Make laws necessary and proper to carry out forgoing powers

41. Explain Each Congressional Power:

42. Nonlegislative Powers • Electoral Powers • power to select President by the House and the VP by the Senate if no majority in the Electoral College • Amendment Powers • Congress may propose a Constitutional Amendment by a 2/3 vote in both houses • Must then be sent to _____ for ratification. • Impeachment • The House may bring charges of impeachment against the President, VP, and federal judges • The Senate has the power to try the impeached official • Executive Powers of Senate • Confirm Presidential appointments • Approve treaties • Investigative/Oversight Powers • Investigate matters falling within the range of legislative authority

43. Limits on Congressional Powers • Most Congressional powers must be “approved” by either the executive branch or the judicial branch as a part of checks & balances • All Congressional powers must be in accord with the Constitution • Specific Constitutional limitations: • Congress may only tax for public purposes • Congress cannot tax exports • Direct taxes must be apportioned among the states, according to state populations • All taxes must be uniform throughout the United States • Congress cannot favor the ports of one state over another in the regulation of trade • Congress may not pass bills of attainder & ex post facto laws

44. Power of the Purse • House Ways & Means Committee oversees all taxing & spending legislation “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.”— U.S. Constitution, Article I, section 7, clause 1“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.”— U.S. Constitution, Article I, section 9, clause 7

45. The Lawmaking Process • Relatively slow and complicated to prevent Congress from acting hastily • The framers intended for the process to foster compromise between the two houses • All bills must pass in both houses in the exact same form • Nearly 10,000 bills are introduced to Congress every year • May be written by a member of the executive branch or interest group, but must be introduced by a legislator

46. The Lawmaking Process Continued • Each house has a process by which bills are debated • House of Representatives: • Strictly controls debate (due to 435 members) • Rules Committee-responsible for determining how long a bill will be debated& whether to allow an open or closed rule for amending the bill • Considered the most powerful committee in the HoR • Senate: • No time restraints placed on debate • No closed rules for amending legislation

47. 9 Step Process How a Bill Becomes a Law • Introduction of bill • May be introduced in either house, & must be proposed by a member of Congress • The bill is discussed & debated in committees • Begins in subcommittees…options: reported favorably= moves on OR it dies • The bill is reported to the floor for debate • Debate is limited, & managed by the Speaker • The bill is voted on by the entire House • Options: Yay= moves on to the Senate, Nay= dead • The bill is sent to the Senate • Process of committee review occurs in the Senate • The bill is debated and voted on in the Senate • Both houses meet to reconcile differences on, and make revisions to the bill • The bill is sent to the President • 4 options: sign, veto, no signature, pocket veto • The bill becomes law

48. How a Bill Becomes a Law I'm Just a Bill

49. Legislative Tactics • The strategies & devices used by Congress as an attempt to either block legislation or get legislation passed • The committee system-bills die if not passed out of committee • Filibuster- unlimited debate in an attempt to stall action on a bill • Cloture: a means of ending a filibuster; requires 60 votes • Pork barrel-an attempt to provide funds & projects for a member’s home district or state • Logrolling- promises of support by fellow members • “I’ll vote for your bill if you vote for mine” • Riders- additions to legislation that do not relate to the topic of the bill • “Christmas Tree Bill” includes several riders • Amendments- additions or changes to legislation • Lobbying- trying to influence members of Congress to support or reject legislation

50. Notable Legislation