Chapter 11 “Governing Institutions”

Chapter 11 “Governing Institutions” “Congress: Balancing National Goals and Local Interests”

Things to Remember for Chapter 11 • 2004 appropriations bill illustrates the dual nature of Congress. • It is both a lawmaking institution for the country • A representative assembly for states and districts • Congressional elections tend to have a strong local orientation and to favor incumbents. • Provide substantial resources • Free publicity • Staff • Legislative influence • Although party leaders in Congress provide collective leadership, the work of Congress is done mainly through its committees and subcommittees, each of which has its separate leadership and policy jurisdiction. • Congress lacks the direction and organization required for the development of comprehensive national policies, but is well organized to handle policies of a narrow scope. • Congress’s policy making role is based on three major functions: • Lawmaking • Representation • Oversight

Using Incumbency to Stay in Congress • An incumbent promotes his or her reelection prospects by catering to the constituency. • The body of citizens eligible to vote in their state or district. • Constituency opinions matter most when choosing a position on legislation. • Pork-barrel Projects • Legislation that funds a special project for a particular locale. • Service Strategy • Response to a constituents individual need

Using Incumbency to Stay in Congress • Congressional staffers spend most of their time on constituency service and public relations. • Incumbents have the advantage when it comes to raising campaign funds. • high cost of polling • Televised advertising • Modern techniques • Only 10% of incumbents make mention of insufficient funds to run a campaign as opposed to 70% of challengers. • PACs contribute highly to incumbents • Over 50% of contributions come from individual donors. • Open seat elections • A race without an incumbent • Usually the most costly

The Pitfalls of Incumbency • Incumbency is not without its liabilities. • Pitfalls include: • Troublesome issues • Personal misconduct • Variation in turnout • Strong challengers • House member re-districting

Troublesome Issues • Disruptive issues are a potential threat to incumbents. • Puts incumbents at a greater risk • 1992 and 1994 mid-term elections • 2010 mid-term elections? • Healthcare • Partisan Politics • Economy and taxes

Personal Misconduct • Members of Congress fall prey to scandal. • A fourth of incumbents who lose their bid re-election, do so amid ethics violations. • John Hibbing “The first thing to being reelected is to stay away from scandal, even minor scandal” • Gary Condit • Dan Rostenkowski

Turnout Variation: The Midterm Election Problem • Historically, the party holding the presidency loses seats in the midterm elections. • House of Representatives • 2002 George W. Bush picked up a handful of seats in the House. It was only the fourth time in more than a century, the president’s party has gained seats. • Contributed to voter turnout in the midterm elections. • Voters who go to the polls only in presidential elections do not have strong party ties. • Tend to vote on a particular issue which drives party response. • Strong partisan voters are not easily swayed.

Strong Challengers: A Problem for Senators • Senators face strong opponents • Next highest level under the presidency • Governors and House members usually run for Senate seats. • Strong electoral base • Reputation • Experience • The House does not look as lucrative and therefore does not attract strong opposition. • Is this true for 2010?

Redistricting: A Problem for House Members • Every ten years (census) House seats are reallocated based on a state’s population. • There are always 435 members of the House of Representatives. State’s numbers are determined by their populations. • Reapportionment- The reallocation of House seats among states after each census as a result of population changes. • There are always 100 members of the Senate. Two for each state. • Redistricting is in the hands of state governments. • Districts should be as equal as possible in population size. • Gerrymandering • The process by which one party draws district boundaries to its advantage.

Safe Incumbency and Representation • Incumbents normally win their bid for reelection easily. • Congress does not normally change its direction all that much from election to election. • Safe incumbency weakens the public’s influence on Congress. • Democracy depends on periodic shifts in power between the parties to bring public policy into close alignment with public opinion. • European governments incumbents tend to win or lose based on their party’s popularity, which can change greatly from one election to the next.

Who Are the Winners in Congressional Elections? • Representatives are usually very different than the average American. • Congressional Membership • Lawyers • Lawmaking and public notoriety which can help in private practice. • Business executives • Educators • Bankers • Journalists • Women and minorities • Incumbents make it difficult for them to win an elections, however, numbers have been growing over the last decade.

Congressional Leadership • The way Congress works is related to the way its members win election. • Because of independent power base, in their state or district, members of Congress have substantial independence within the institution they serve. • Top leaders in the House, are crucial to its operation. • Unlike European legislatures, they do not command the loyalty of the members that they lead. • Must depend on their constituents • Willingness of members to support them

Party Leadership in Congress • The House and Senate are organized along party lines. • When they are sworn in they automatically become part of their party caucus. • A group that consists of a party’s members in the House or the Senate and that serves to elect the party’s leadership, policy goals, and determine party strategy.

The House Leadership • Main party leaders in the House • Speaker of the House • Nancy Pelosi (D) California • Speaker is elected by the House per the Constitution. It is also the only position named in the Constitution. Will always be a member of the majority party. • Often said to be the second most powerful person in Washington • Majority Leader • Majority Whip • Minority Leader • Minority Whip

The Senate Leadership • In the Senate the most important party leadership is that of the majority leader. • Heads the majority-party caucus. • Duties are similar to that of the Speaker of the House. • Chairs the party’s policy committee and acts as the party’s voice in the chamber. • Assisted by the majority whip • Is NOT the chamber’s presiding officer. • Senate also has a minority leader and minority whip. • Duties mirror those of their House counterparts. • The Vice President is the presiding officer of the Senate. • May only vote in cases of a tie. • Is not usually present in the Senate. • President Pro-Tempore presides in his absence. • Senate majority leader does not hold as much power as Speaker of the House.

The Senate Leadership • Presiding Officer • Vice President Joe Biden • President Pro Tempore • Daniel K. Inouye (D) Hawaii • Senate Majority Leader • Harry Reid (D) Nevada • Majority Whip • Dick Durbin (D) Ill. • Minority Leader • Mitch McConnell (R) KY • Minority Whip • Jon Kyl (R) AZ

The Power of Party Leaders • Power lies in the trust given to the leaders by their party members. • Power can be diminished if they make a mistake that hurts the party. • Party leaders have more power today as a result of the changes in the composition of congressional parties. • GOP and Progressive Factions • Barbara Sinclair • Majority Leadership in the US House • Principal-Agent Model • Party leaders as agents of party members (Principal) delegate power to the leaders. • Party’s collective power will be diminished (READ PG 349!!!!!) • European parliament members enjoy strong formal powers.

Committee Chairs: The Seniority Principle • There are 35 standing committees, each is headed by a chairperson. • Schedule committee meetings • Determines the order in which bills are considered • Presides over committee discussion • Directs committee majority staff • Can choose to lead the debate when the bill reaches the floor • Committee chairs are always member of the majority party. • Usually they have the most seniority • Seniority is base on time served on a particular committee, NOT time served in Congress. • Advantages of the Seniority System • Reduces number of power struggles • Provides experience and knowledge • Look forward to reward • Disadvantages • Committee chairs are outside the control of the House and Senate elected leaders

Sub-Committees • There are roughly 200 sub-committees in Congress. • Smaller units within each committee formed to conduct specific aspects of the committee’s business. • Each sub-committee has a chairperson • Decides order of business • Presides over meetings • Coordinates its staff • Usually the most senior member

Oligarchy or Democracy: Which Principle Should Govern? • 1995, House Republicans gave committee chairs the power to select the chairs of their sub-committees and to appoint all majority-party staff members, including those who work on sub-committees. • Promote the Republican Party’s policy goals. • Disperse power more widely among House members. • “Power at the top”

The Committee System • Most of the work in Congress is conducted through standing committees. • Permanent committees with responsibility for a particular area of public policy. • 19 Standing committees in the House • 16 Standing committees in the Senate • House committees are double the size of Senate committees. • Legislative authority • Recommend to the full chamber the passage or defeat of the legislation it considers. • Each Standing committee has its own staff • Performs almost an entirely legislative function • Draft legislation • Organize hearings • Participate in altering bills • Play a large role in writing legislation

The Committee System • Select Committees • Perform a specific task • Senate Select Committee on Intelligence • Joint Committees • Members from both Houses of Congress • Provide advisory and coordinating functions for the House and the Senate. • Joint Committee on the Library • Conference Committee • Temporary committees that are made up with members of both Houses. • Work out differences with certain bills. • Committees and Sub-Committees help to fragment Congress. • Each of these units is relatively secure in its power, jurisdiction, and membership.

Committee Membership • Each committee includes members from both parties. • The majority party holds the majority of seats on each committee and subcommittees. • Members of the House typically serve on only two committees. • Senators typically serve on four, but only on two main committees. • For example, Foreign Affairs • Limits on Sub-Committee Membership • Standing committees have a fixed number of members. • Biggest change when a party loses control of the House or Senate. • Special committee to determine who will fill vacancies • Preference of legislatures • Members usually want to be on committees that will serve their constituents, or a high profile committee. • Sub-Committees- parties on a committee decide who among them will serve on each of its sub-committees.

Committee Jurisdiction • The 1946 Legislative Reorganization Act requires that each bill introduced in Congress be referred to the proper committee. • Ex. Agricultural Bill is Assigned to the Agricultural committee • This requirement is a major source of the committees power. • Jurisdiction • The policy area in which a particular congressional committee is authorized to act. • Must be sent to it for deliberation • Jurisdiction has become a hot topic in regards to important bills. • Bills can overlap in boundaries • David King “Turf Wars” • Divide up bills • Send a bill to committee most likely to handle to handle it the way the party leader likes. • House and Senate committees have relatively secure jurisdiction.

How a Bill Becomes a Law • Parties, Party Leaders, and committees are critical actors in the legislative process. • Role and influence vary with the nature of legislation. • SEE PAGE 355

Committee Hearings and Decisions • A bill is a proposed legislative act. • Bills can be prepared by many agencies • Executive agencies • Interest groups • Outside parties • Members of Congress (They introduce bills)

From Committee to the Floor • If a majority of the committee vote to recommend passage of the bill, it is referred to the full chamber for action. • In the House, the Rules Committee has the power to determine • when the bill voted on • How long the debate on the bill will last • Whether the bill will receive a “closed rule” • No amendments will be permitted • Open rule – members can propose amendments relevant to any of the bill’s section. • Rules are a means by which the majority party controls the legislation (The majority party writes the rules in Congress).

From Committee to the Floor • The Senate also has a rules committee, but it has much less power than in the House. • Majority leader, usually in conjunction with the minority leaders, schedules bills. • All Senate bills are open to unlimited discussion • Cloture (three-fifths majority of the Senate must vote on it and it limits debate to thirty hours) • Filibuster (a procedural tactic whereby a minority of senators prevent a bill from coming to a vote by holding the floor and talking until other Senators give in and the bill is withdrawn) • Riders (used frequently)

Leadership and Floor Actions • Committee action is usually decisive on bills that address small issues. • If a majority of committee members favor a bill, it is normally passed by the full chamber often without amendment. • When a committee’s vote is sharply divided along party or regional lines, members may choose to look more closely at the bill before they decide to support it. • Major bills, party leaders are critical actors. • Worked closely with the committee • May assume leadership of the bill when it clears the committee. • With a minor bill floor leadership is usually provided by a committee member.

Conference Committees and the President • For a bill to pass it must receive the support of a simple majority. • 50% plus one of the House or Senate members voting on it. • To become a law, a bill MUST pass both houses of Congress in an IDENTICAL form. • Conference committees help to resolve differences. • Temporary • Deal with a specific bill • Can be passed, defeated, or returned to conference • Bill must be signed into law by the President • Veto • Rejection of a bill by the president • Can be override by Congress with a 2/3 vote from each chamber • Pocket Veto • President refuses to act on a bill for ten days prior to Congress adjourning • If the president fails to act on the bill and Congress is still in session, it becomes law • Line Item Veto • President veto's only a portion of a bill

Congress’s Policy Making Role • The Framers of the Constitution expected Congress to be the leading branch of the national government. • Congress and the President substantially share the legislative efforts, but their roles differ greatly. • Congress’s policy making role revolves around its three legislative functions: • Lawmaking • Representation • Oversight

The Lawmaking Function of Congress • Under the Constitution, Congress is granted the lawmaking function. • The authority to make the laws necessary to carry out the powers granted to the national government. • Constitutional powers of Congress • Power to tax • To spend • Regulate Commerce • Declare war • Whether Congress takes the lead in the making of laws depends heavily on the type of policy at issue.

Broad Issues: Fragmentation as a Limit on Congress’s Role • Congress is structured in a way that makes agreement on large issues difficult to obtain. • Bicameral Legislature • Each serve their own constituents • Need each other’s approval • Congress often has difficult taking the lead on broad issues of national policy. • Members can go their separate ways if they choose. • The president is better suited to tackle broad issues. • President’s authority is not divided • President sees issues from the national as opposed to the state level. • Congress typically accepts presidential initiative.

Broad Issues: Fragmentation as a Limit on Congress’s Role • In lawmaking activities, Congress has the support of three congressional agencies. • Congressional Budget Office (CBO) • Created as part of the Budget Impoundment Act of 1974. • Gives Congress the power to assess the president’s budgetary proposals or their projected impact. • General Accounting Office (GAO) • Is the largest congressional agency • Formed in 1921, responsible for overseeing executive agencies spending of money that has been appropriated by Congress. • Congressional Research Service (CRS) • Oldest congressional agency • Operates a non-partisan reference agency • It conducts research and provides information upon request from congressional committees and members.

Congress in the Lead: Fragmentation as a Policymaking Strength • Congress occasionally does not take the lead on large issues. • Congress should deal with narrow problems not broad ones. • Majority of bills deal with narrow issues. • Distributive • Distributes benefits to a particular group while spreading the cost to the general public. • Type of policy Congress is most likely to support.

The Representation Function of Congress • In the process of lawmaking, the members of Congress represent various interests within American society. • Representative Function • The responsibility of a legislature to represent various interests in society. • Interests of the nation as whole or their constituency?

Representation of States and Districts • In order to be reelected, Congress must pay attention to local demands. • Local representation occurs through the committee system. • Congressmen usually sit on committees that have a direct influence on their local areas. • Logrolling • The trading of votes between legislators so that each gets what he or she most wants.

Representation of the Nation through Parties • When a clear-cut and vital interest is at stake, members of Congress can be expected to respond to that interest. • What is the common good? • Partisanship is the main division among Congress • Party line voting • Partisanship affects the president’s relationship with Congress.

The Oversight Function of Congress • Congress has the responsibility to see that the executive branch carries out the laws faithfully and spends the money properly. • Oversight function • Carried out by committee • Facilitated by the parallel structure of the committees and the executive bureaucracy. • House International Relations Committee • Senate Foreign Relations Committee • Oversee the work of the State Department • The Legislative Reform Act of 1970, spells out each committee’s responsibility for overseeing its parallel agency.

Congress Too Much Pluralism • Pluralists admire Congress. They argue the United States has a majoritarian institution in the presidency and that Congress is a place where diversity of interests is represented. • Critics of this view say that Congress is sometimes so responsive to particular interests that it neglects the overall majoritarian interest in Congress.

Practice Makes Perfect • Be sure you know the difference between monetary policy and fiscal policy. • In a brief essay explain what is meant by monetary policy, who has the primary responsibility for monetary policy, and an example of monetary policy. You need to also do the same for fiscal policy. The assignment must be typed and is due in class on or electronically by Monday Sept. 30.

Chapter 11 “Governing Institutions”