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Chapter 11

Chapter 11. CONGRESS. Learning Objectives. 1) Explain how seats in the House of Representatives are apportioned among the states. 2) Describe the power of incumbency.

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Chapter 11

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  1. Chapter 11 CONGRESS

  2. Learning Objectives • 1) Explain how seats in the House of Representatives are apportioned among the states. • 2) Describe the power of incumbency. • 3) Identify the key leadership positions in Congress, describe the committee system, & indicate some important differences between the House of Reps. & Senate.

  3. Learning Objectives • 4) Summarize the specific steps in the lawmaking process. • 5) Indicate Congress’s oversight functions & explain how Congress fulfills them. • 6) Indicate what is involved in the congressional budgeting process.

  4. The Structure & Makeup of Congress • Apportionment of House Seats: • The distribution of House seats among the states on the basis of their respective populations. • ie. California = 53 Representatvies & Wyoming = 1 Representative • House is apportioned every 10yrs. w/ the Census

  5. Reapportionment of House Seats Following the 2000 CensusFigure 11-1 pg. 246

  6. The Structure & Makeup of Congress • Congressional District: • The geographic area that is served by one member in the House of Representatives. • Districts must contain, as nearly as possible, equal numbers of people • Districts drawn by state legislatures, must be “geographically compact”

  7. Requirement of Equal Representation • Malapportionment: • A condition that results when, • based on population & representation, • the voting power of citizens in one district becomes more influential than the voting power of citizens in another district. • ie. Rural Districts have more power than urban districts even though urban district has more people

  8. Requirement of Equal Representation • Baker v. Carr (1962): Supreme Court rules on Malapportionment. • Violation of equal protection clause • Wesberry v. Sanders (1964) : “One person, one vote” rule! • A rule, or principle, requiring that congressional districts have equal populations • so that one person’s vote counts as much as another’s vote.

  9. Gerrymandering • The drawing of a legislative district’s boundaries in order to • maximize the influence of a certain group or political party. • Supreme Court says ok…as long as district is not of an odd shape

  10. Racial Gerrymandering • Minority-majority district: • A district whose boundaries are drawn so as to maximize the voting power of minority groups. • Early 1990s, U.S. Department of Justice instructed state legislatures to draw district lines to maximize the voting power of minority groups. • Equal representation mandated by Voting Rights Act of 1965 v. violation of equal protection clause • Court holds: if race is dominant factor in redistricting, district must be redrawn

  11. Views of Representation Function • Trustee: • A view of the representation function • holds that representatives should serve the broad interests of the entire society, • & not just the narrow interests of their constituents. • National policy should take precedent over local policy

  12. Views of Representation Function • Instructed delegate: • A view of the representation function • holds that representatives should mirror the views of the majority of their constituents. • Local policy over National policy

  13. Views of Representation Function • Partisan view of Representation: • Vote in favor of legislation endorsed by your president (of the same party) • The Politico Style: • Encompasses all (3) approaches: Trustee, Instructed Delegate, & Partisan View of Representation

  14. Requirements for Congress • Representative: (Article I, Section 2) • 25 years of age • 7 year citizen of U.S. • Live in state you represent • Senator: (Article I, Section 3) • 30 years of age • 9 year citizen of U.S. • Live in state you represent

  15. Power of Incumbency • Fund-raising ability: Have established networks • Congressional Franking privileges: utilize U.S. postal service on your dime! • Professional staffs: Washington D.C. & Home Districts

  16. Power of Incumbency • Lawmaking power: Campaign on legislative record • Access to the media: media events & free air time • Name Recognition: far better known than challengers

  17. The Power of Incumbency Table 11-1 pg. 251

  18. Congressional Term Limits • There are currently no congressional term limits for members of Congress • Every 2 yrs. Congressional elections are held: the entire House of Representatives & a third of the Senate are up for election.

  19. The House: Lead by the Speaker of the House- elected by House members. Presides over the House. Major role in committee assignments & legislation. Assisted by majority leader & whips. The Senate: Formerly lead by the Vice President Really lead by Majority leader- chosen by party members. Assisted by whips. Must work with Minority leader. Congressional Leadership

  20. Congressional Leadership, The Committee System & Bicameralism • Speaker of the House: pg. 253 • The presiding officer in the House of Representatives. • The Speaker has traditionally been a longtime member of the majority party • & is often the most powerful & influential member of the House.

  21. Congressional Leadership, The Committee System & Bicameralism • Majority Leader: House of Reps. • The party leader elected by the majority party in the House or in the Senate. • Plans Legislative program • Organize party members to support desired legislation by the party • Makes committee chairpersons finish work on bills that are important to the party.

  22. Congressional Leadership, The Committee System & Bicameralism • Minority Leader: House of Reps. • The party leader elected by the minority party in the House or in the Senate. • Maintain solidarity within the party • Advocates party’s position • Mobilizes party in order to criticize policies & programs of majority party

  23. Congressional Leadership, The Committee System & Bicameralism • Whips: (House of Reps. & Senate) • A member of Congress who assists the majority or minority leader in the House or in the Senate • in managing the party’s legislative preferences.

  24. Congressional Leadership, The Committee System & Bicameralism • Senate Leadership: • Formerly lead by Vice President of United States • However, VP can not vote, only in instances of being the “tie breaker” • Cannot take part in floor debate • & is NOT an elected member of the Senate

  25. Congressional Leadership, The Committee System & Bicameralism • President Pro Tempore: • Elected by senators as presiding officer, who serves in the absence of the vice president. • President pro tempore elected by the whole Senate & is usually member of the majority party.

  26. Congressional Leadership, The Committee System & Bicameralism • Majority/Minority Leader & Party Whips in Senate: • Majority leader is the most powerful individual & chief spokesperson of the majority party. • Directs legislative program & party strategy • Minority leader commands minority party’s opposition to majority party & directs legislative strategy of minority party.

  27. The Committee System • The Committees & Subcommittees • Four types of committees: • Standing committees: subject matter committees handle different policy areas. • Joint committees: few policy areas- made up of House & Senate members. • Conference committees: resolve differences in House & Senate bills. • Select committees: created for a specific purpose. • Watergate Investigation

  28. Congressional Committees • Subcommittees: • A division of a larger committee that deals w/ a particular part of the committee’s policy area. • Most of the standing committees in Congress have several subcommittees.

  29. Congressional Committees • Seniority: • The length of continuous service on a particular committee • Typically plays a role in determining the committee chairpersons.

  30. Standing Committees in the 111th Congress, 2009-2011 Table 11-2 pg. 256

  31. Major Differences Between The House & The Senate Table 11-3 pg. 257

  32. The House: 435 members, 2 year terms of office. Initiates all revenue bills, more influential on budget. House Rules Committee Limited debates The Senate: 100 members, 6 year terms of office. Gives “advice & consent”, more influential on foreign affairs. Unlimited debates. (filibuster) How Congress is Organized to Make Policy

  33. House v. Senate • Rules Committee: • A standing committee in the House of Representatives • Provides special rules governing how particular bills will be considered & debated by the House. • The Rules Committee normally proposes time limitations on debate for any bill, which are accepted or modified by the House.

  34. House v. Senate • Filibuster: • The Senate tradition of unlimited debate, • Undertaken for the purpose of preventing action on a bill. • House ends ability to filibuster in 1811 • Strom Thurmond (R.,S.C.) longest filibuster in Senate 1957 Civil Rights Act • 24 hours, 18 minutes

  35. House v. Senate • Cloture: • A method of ending debate in the Senate & brining the matter under consideration to a vote by the entire chamber. • 16 Senators must sign petition requesting cloture • After 2 days 3/5 of entire membership must vote for cloture.

  36. House v. Senate • Rider: • An Amendment to a bill that deals with an issue unrelated to the content of the bill. • Permitted in Senate • Any amendment to any bill • Not permitted in the House

  37. How A Bill Become A Law Figure 11-3 pg. 258

  38. The Legislative Process Pg.257-261 • 1) Introduction of legislation • 2) Referral to committees • Mark up session: Mtg. to approve, amend, or redraft bill. • 3) Reports on a bill • 4) The Rules Committee & Scheduling • 5) Floor Debate • 6) Vote

  39. The Legislative Process Cont’d Pg. 257-261 • 7) Conference Committee • Conference Report • 8) Presidential Action • Pocket Veto • 9) Overriding Veto

  40. The Legislative Process • Conference Committee: • A temporary committee that is formed • when the two chambers of Congress pass separate versions of the same bill. • The conference committee,which consists of members from both the House & the Senate, works out a compromise form of the bill.

  41. The Legislative Process • Conference Report: • A report submitted by a congressional conference committee • after it has drafted a single version of a bill.

  42. The Legislative Process • Pocket Veto: • A special type of veto power used by the chief executive after the legislature had adjourned. • Bill that are not signed by the president die after a specified period of time and must be reintroduced if Congress wishes to reconsider them.

  43. Investigation & Oversight • Oversight Function: • A supervisory activity of Congress that centers on its constitutional responsibility, • To see that the executive carries out the laws faithfully & spends appropriations properly. • Carried out by committee system • Difficult to carry out (due to sheer magnitude of the task) • Oversight changes occur when scandal or wrongdoing engulf the presidency

  44. Investigation & Oversight • The Investigation Function: • Authority to investigate actions of executive branch, need for certain legislation, & even actions of own members • Impeachment Power: • House can impeach office of president, vice president, & other “civil officers,” ie. Federal judges • House vested w/ power to impeach- to accuse or charge a public official w/ improper conduct in office. After vote of impeachment by full house, Senate holds trial, 2/3 vote to convict & remove.

  45. Investigation & Oversight • Senate Confirmation: • Important check on president’s power • Judicial appointments receive the most scrutiny due to the tenure of Federal Judges. • Cabinet appointments run smoothly, recognizing that appointee will be loyal to president’s administration.

  46. The Budgeting Process • Involves two-part procedure: Authorization & Appropriation • Authorization: • Involves the creation of the legal basis for government programs. • Bills outlining the rules of governing expenditures of funds. Limits placed on how much money can be spent & for what period of time.

  47. The Budgeting Process • Appropriation: • Involves determining how many dollars will be spent in a given year on a particular set of government activities. • Must never exceed the authorized amounts, but they can be less.

  48. The Budgeting Process • Entitlement Programs: • A government program • ie. Social Security • that allows, or entitles, a certain class of people ie. Elderly • to receive special benefits. • Entitlement programs operate under open ended budget authorizations that, in effect, place no limits on how much money can be spent.

  49. The Budgeting Process Figure 11-4 pg. 266

  50. The Actual Budgeting Process • Fiscal Year: • A twelve-month period established for bookkeeping or accounting purposes. • Government’s fiscal year runs from October 1 through September 30. • 18 months prior to 10/01/?, executive agencies submit their requests to the Office of Management & Budget (OMB)

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