Congress

1. Congress

2. I. Why Congress was created During the Constitutional Convention, there were two schools of thought pertaining to the role Congress would play

3. I. Why Congress was created • Some thought the legislative branch would be relatively unimportant • People in this camp believed Congress would concern itself largely with external affairs, leaving domestic matters to state and local governments

4. I. Why Congress was created • Others believed that the bulk of power held by the federal government would and should be in the hands of the legislative branch • Obviously, the latter is the one that came to pass

5. I. Why Congress was created • The two chambers of Congress reflected the social bias of the founders • Members of the House would represent the common people • The Senate would be members of the elite

7. I. Why Congress was created A. House Qualifications • Age: • Citizenship: • Residency:

8. I. Why Congress was created B. Senate Qualifications • Age: • Citizenship: • Residency

9. II. Powers of congress • Enumerated Powers • Some functions are restricted to only one chamber • Must originate in the House: • All revenue bills • Charges of misconduct that could lead to impeachment • Must originate in Senate: • Confirm Presidential appointments • Ratify treaties • Power to try impeachment cases

10. II. Powers of congress B. Necessary and Proper Clause • Where Congress gets their real power • The Elastic Clause set the stage for a greatly expanded role for the national government relative to the states • It also constitutes, at least in theory, a check on the expansion of presidential powers

11. II. Powers of congress C. Denied Powers • 10th Amendment • Denied Powers

12. II. Powers of congress C. Denied Powers • Congress may not: • Suspend the writ of habeas corpus, unless necessary in time of rebellion or invasion • Pass any law which condemns persons for crimes or unlawful acts without a trial • Pass any law which retroactively makes a specific act a crime (ex: post facto) • Levy direct taxes on, except on the basis of a census already taken • Tax exports from any one state • Give specially favorable treatment in commerce or taxation to the seaports of any state or to the vessels using them • Authorize any titles of nobility

13. iii. functions of congress A. Lawmaking Function • Congress does not initiate all or even most of the ideas for legislation • Most of the bills Congress acts on originate in the executive branch, and many other bills are traceable to interest groups and political party organizations

14. iii. functions of congress A. Lawmaking Function • Through the process of compromise and logrolling – as well as debate and discussion, backers of legislation attempt to fashion a winning majority coalition. • Logrolling – (d) Offering to support a fellow member’s bill in exchange for that member’s promise to support your bill in the future.

16. iii. functions of congress B. Service to Constituents • Members of Congress are expected to act as brokers between private citizens and the imposing, often faceless federal government • Casework is the usual form taken by this function of providing services to constituents. • Casework (d) – Personal work for constituents by members of Congress

17. iii. functions of congress B. Service to Constituents • Ombudsperson (d) – A person who hears and investigates complaints by private individuals against public officials or agencies

18. iii. functions of congress C. Representative Function • The representation function carries with it some danger the legislator could alienate constituents and as result, lose his bid for reelection • Generally, representation means that many competing interests in society should be represented in Congress

19. iii. functions of congress C. Representative Function • There are basically two views on how representation is achieved: Trustee and Delegate 1. Trustee A member of Congress fills the role of trustee (d) – when he acts according to his conscience and the broad interests of society as a whole This would involve, at times and if necessary, voting against the narrow interests of their constituents

20. iii. functions of congress C. Representative Function 2. Delegate A member of Congress fills the role of delegate (d) – when he votes according to the view of his constituents, regardless of his personal feelings For delegate representation to be effective, though, constituents need to well-versed on the issues. This is not usually the case.

21. iii. functions of congress D. Oversight Function • Another function of Congress is overseeing the bureaucracy and the executive branch • Oversight (d) – The responsibility Congress has for following up on laws it has enacted to ensure they are being enforced in the way Congress intended.

22. iii. functions of congress D. Oversight Function In regards to bureaucratic agencies, Congress has three oversight functions: • 1) No agency may even exist (with the exception of some presidential offices and commissions) without congressional approval • 2) Even if an agency can operate, it can’t spend money without committee authorization • 3) Just because a committee authorizes the spending, that doesn’t mean the agency is appropriated the full amount

23. iii. functions of congress D. Oversight Function • Prior to 1983, Congress had legislature veto power • This allowed either house to prevent the enforcement of an executive rule by a simple majority vote against it within a specified amount of time • This power was created by Congress in 1932 • In 1983, though, the Court ruled that such a power was unconstitutional because it violated the separation of powers mandated by the Constitution. The president had no power to veto the legislative action

24. iii. functions of congress D. Oversight Function Some examples of congressional oversight in action would include: • 1949 – Senate subcommittee investigation revealed high level corruption in the Truman administration • 1960s – Senate Foreign Relations Committee’s televised hearing helped to mobilize opposition to the Vietnam War • 1973 – Watergate investigation exposed White House officials who illegally used their positions for political advantage

25. iii. functions of congress D. Oversight Function • 1975-76 – Select Committee inquiries identified serious abuses by intelligence activities. • 1987 – Oversight efforts disclosed statutory violations in the executive branch’s secret arm sales to Iran • 1998 – Special Committee investigation of President Clinton led to his impeachment.

26. CLINTON IMPEACHMENT TRIAL

27. iii. functions of congress E. Public-Education Function • Educating the public is a function exercised whenever Congress holds public hearings, exercises oversight over the bureaucracy, or engages in committee and floor debate

28. iii. functions of congress E. Public-Education Function • Congress also decides what issues will come up for discussion and decision; agenda-setting is a major facet of its public-education function • Agenda-setting (d) – Determining which public-policy questions will be debated or considered by Congress

29. iii. functions of congress F. Conflict Resolution Function • People and groups look on Congress as an access point for airing their grievances and seeking help • This puts Congress in the role of trying to resolve the differences among competing views by passing laws to accommodate as many interested parties as possible

30. iii. functions of congress F. Conflict Resolution Function • To the extent Congress meets pluralist expectations in accommodating competing interests, it tends to build support for the entire political process by all branches of government • Pluralism (d) – Theory that views politics as a conflict among interest groups. Political decision making is characterized by bargaining and compromise

31. iii. functions of congress G. Informal Practices of Congress • Members of Congress owe their positions to their local and state electorate: not to the national party leadership nor to their congressional colleagues

32. iii. functions of congress G. Informal Practices of Congress • As a result, the legislative behavior of representatives and senators tends to be individualistic and idiosyncratic, reflecting the great variety of electorates represented and the freedom that comes from having built a loyal personal constituency

33. iii. functions of congress G. Informal Practices of Congress • Congress is thus a collegial and not a hierarchal body • Power does not flow from the top down, as in a corporation, but practically in every direction • There is only minimal centralized authority, since the power to reward or punish is slight • Congressional policies are made by shifting coalitions which vary from issue to issue

34. iii. functions of congress G. Informal Practices of Congress • There are informal or unwritten norms of behavior that often determine the assignments and influence of a particular member • “Insiders,” members who concentrate on their legislative duties, may be more powerful within the halls of Congress than “outsiders,” who gain recognition by speaking out on national issues

35. iii. functions of congress G. Informal Practices of Congress • Members are expected to show courtesy toward their colleagues and to avoid personal attacks, no matter how extreme or unpalatable their opponent’s policies may be • Members are also expected to specialize in a few policy areas rather than claim expertise in the whole range of legislative concerns

36. iii. functions of congress G. Informal Practices of Congress • Those who conform to these informal rules are more likely to be appointed to prestigious committees or at least to committees that affect the interests of a significant portion of their constituents

37. IV. House-Senate differences A. Size and Rules • The House, with 435 members, is much larger than the Senate, at 100 members • The size difference means that a greater number of formal rules are needed to govern activity in the House, whereas correspondingly looser procedures can be followed in the less crowded Senate

38. Congressional Review Quiz • 1. What is the function of the Rules Committee • 2. Which chamber, House or Senate, is more formal? Explain why.

39. IV. House-Senate differences A. Size and Rules • The Senate traditionally permits extended debate on all issues • In contrast, the House operates with an elaborate system in which its Rules Committee normally proposes time limitations for any bill and a majority of the entire body accepts or modifies those suggested time limits

40. IV. House-Senate differences A. Size and Rules • Rules Committee (d) – A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended and considered by the House

41. IV. House-Senate differences B. Debate and Filibusters • Filibuster (d) – Allowed in the Senate only • Allows for unlimited debate on the issue before the Senate • Senators will employ a filibuster as a means of trying to talk a bill to death • Once a senator has the floor, he does not have to surrender it • Can be stopped only with a vote of cloture

42. Strom Thurmond filibustered for over 24 hours against the 1857 civil rights act

43. IV. House-Senate differences B. Debate and Filibusters • Cloture (d) – Debate on a Senate bill may be closed off if 16 senators sign a petition requesting so and if, after two days have elapsed, 3/5s of the entire membership

44. IV. House-Senate differences B. Debate and Filibusters • The tradition of filibuster in the Senate is as old as Congress itself • The House had unlimited debate until 1811

45. IV. House-Senate differences C. Prestige • As a consequence of the greater size of the House, representatives cannot generally achieve as much personal recognition and public prestige as can members of the Senate • Senators, especially those who openly express presidential ambitions, are better able to gain media exposure and to establish careers as spokespersons and advocates for large national constituencies

46. IV. House-Senate differences C. Prestige • To gain such recognition in the House, members must do one of two things: • Survive in office long enough to join the ranks of party or committee leadership • Become an expert on some specialized aspect of legislative policy

47. V. Congress and the citizenry • Historically, Congress, or any branch of government for that matter, has never looked like America • It is older, whiter, richer and more male than the population as a whole

48. V. Congress and the citizenry • In terms of numbers, women are the most underrepresented group; more than half of the population is female, but only 16/100 (+3) Senators and 74/435 (+13) representatives are women • 1 (+1) African-American and 2 (+2) Hispanic Senator • 42 (+3) African-Americans and 28 (+10) Hispanics are in the House • 1 (+1) Asian Senator and 4 (-1) Asian Representatives • No Native Americans (-) Senators and 1 (+1) Native American Representative

49. VI. Congressional elections • All 435 seats in the House of Representatives are up for election every two years • Senate terms are for six years and one-third of the seats are up for election every two years

50. VI. Congressional elections A. Candidates • To run for Congress, a candidate needs simply to get the required number of signatures on a petition and pay the registration fee • the average cost of winning Senate campaigns now being approximately $5 million and a winning House campaign being approximately $770,000 • Once in office, legislators spend some time almost every day raising money for their next campaign