Unit Three: Institutions of Government

1. Unit Three:Institutions of Government Chapter 13: Congress

2. America’s “First Branch” • Power to write laws • Power of the purse • Can override presidential veto • Oversees executive agencies • Compared to most other countries • Very strong • Can exercise power independently

3. Congress vs. parliament

4. Evolution of Congress • Founding Fathers • Keep power from being concentrated • Inhibit rule by mob-mentality majority • Keep states happy • Bicameral legislature • Senate for the states • New Jersey Plan • Low-population (small) states • House for the people • Virginia Plan • Highly populated (large) states • Great Compromise • Connecticut Plan • Use BOTH plans

5. Evolution of congress • Since the mid-20th century • Decentralized decision making • Increase the power of the individual members

6. Differences between the house and the senate • The House • Bigger (435 members) • Wants to remain powerful • Members gain power at expense of the House • The House gains power at the expense of members

7. Differences between the house and the senate • The Senate • Smaller (100 members) • Does not control the amount of debate • Allows the FILIBUSTER • **Initially conceived as a way to ensure minority opinions were heard and understood** • Delay action on a specific motion

8. Differences between the house and the senate • The Senate • Does not control amount of time on debate • Allows the Filibuster • Old Rules • Stand on Senate floor • Continue to speak • **New Rules** • “Virtual filibuster” • Does not have to be on the Senate floor • Conducted “in absentia” • “Invisible filibuster” • Requires 41 senators to simply say, “We’re going to filibuster.”

9. Differences between the house and the senate • The Senate • Does not control amount of time on debate • Allows the Filibuster • Regulated by CLOTURE • 1917 – 2/3 of all elected senators to end filibuster • 1975 – 3/5 of all elected senators to end filibuster • Originally elected by state legislatures • Millionaires’ Club • Seventeenth Amendment – popular election of senators

10. Who is in congress? • Demographics • White • Middle-aged • Male • Protestant • Lawyer • GRADUALLY changing

11. Who is in congress? • Incumbency • 19th Century • One term • Not a full time job • Travel to DC was difficult • DC was a fetid swamp • Didn’t pay well

12. Who is in congress? • Incumbency • 1950s and beyond • Career politicians • Many constituents began to think congressmen were becoming “out of touch” • Drive to impose term limits • Declared unconstitutional • Would need an amendment

13. Who is in congress? • Incumbency • Marginal Districts • Close elections • Winner with less than 55% • Safe Districts • Blow-out elections • Victory with 55% or more • Steady INCREASE since the 50s • Voters are more likely to vote for the person instead of the party than before • Familiar name gets elected • Credit given to incumbent for government programs in district

14. Who is in congress? • Incumbency • How party affects incumbents • The majority party in each state legislature draws the congressional districts • In 1990 • Anti-incumbency feelings hurt Dems • Redistricting by Republicans hurt Dems • South going republican hurt Dems • Conservative Coalition • Conservative Dems from the South join with Northern Reps • As Southern Republicans win more and more, CC dies out

15. Who is in congress? • Incumbency** • How party affects incumbents • The majority party in each state legislature draws the congressional districts • In 2000 • Seems to favor Republicans • Especially in • PA • Ohio • Florida • Michigan “Seats to Votes Ratios in the United States” Michael P. McDonald George Mason University

16. Who is in congress? • Incumbency** • 2010 Election and Redistricting • Seems to solidify Republican hold in House of Representatives “The Lasting Impact of the 2010 Election: Redistricting Cementing Republican House Majority” By: David Daven Thursday October 25, 2012 1:17 pm

17. What Should I Do? – Roles** • Delegate Role • Vote the way the majority of my CONSTITUENCY wants • Trustee Role . • Vote the way I think is best for you and the country … “TRUST ME”

18. What Should I Do? – Roles** • Politico Role • Vote whatever • way is best for getting me • re-elected • Partisan Role • Vote the way my political party wants

19. Do members represent their constituents? • FAQs: • Should they vote as their constituents want? • Should they vote according to their own beliefs? • Should they vote a certain way because of interest group or party pressure?

20. Do members represent their constituents? • Representational View • Vote to please their constituents (Delegate) • To do this constituent views must be • Clear • United • Something that grabs their attention • Votes can be “hidden” • Voice Votes • Standing Votes • Only some are roll call votes

21. Do members represent their constituents? • Representational View • Correlation on voting and constituency view • STRONG correlation on Civil Rights Issues • Moderate correlation on Social Welfare Issues • Weak or no correlation on Foreign Policy Issues • What if the constituency view is unclear? • Often in a divided district (marginal district?) • GET OUT OF TOWN and avoid the vote!

22. Do members represent their constituents? • Organizational View • Cues from respected colleagues within the party • With close ideological feeling • When the constituent views are not in play • How to vote? • If both liberals and conservatives like it = vote yes • If liberals and conservatives are divided = vote with a party member who is ideologically like you • If it is an issue important to your state = look to fellow representatives from your state

23. Do members represent their constituents? • Attitudinal View • Democrats are consistently liberal • Republicans are consistently conservative • Senators are more extreme than Representatives • Phases of the Senate • 50s – 60s = conservative • 60s – 70s = liberal • 70s – 80s = conservative • Democrats are more divided • Conservative Coalition • Southern Democrats join with Northern Republicans • New South (republican) = death of the “coalition”

24. Civility in congress • More sharply divided ideologically than they once were • Congress is more polarized than populous • Changes • Attitudinal voting on the rise • Organizational voting drops with party weakness • Members do not get along (loss of civility) • Challenge each other • Investigate each other • Denounce each other

26. Parties and Caucuses in Congress – the Senate • Party organization of the Senate • Majority party chooses the PRESIDENT PRO TEMPORE • (pro tempore is Latin for “for the time”) • Presiding officer if the Vice President is absent (vice president is President of the Senate) • Honorific post

27. Parties and Caucuses in Congress – the Senate • Party organization of the Senate • Majority also chooses: • Majority leader • The REAL POWER in the Senate • Schedules the business of the Senate • Majority whip • Informs majority leader of party members’ attitudes • Gets members out to vote!

28. Parties and Caucuses in Congress – the Senate • The minority Party selects • Minority leader • Minority whip • Key to party organization and power is in ASSIGNING SENATORS TO SPECIFIC COMMITTEES • Democrats = Steering Committee • Republicans = the Committee on Committees

29. Parties and Caucuses in Congress – the House • Leadership carries more power in the House than in the Senate • Size means individuals must be restricted on debate time • Size means schedule must be in place and followed

30. Parties and Caucuses in Congress – the House • The Speaker of the House • MOST important position • Elected from the majority party • Speaker of the House, as PRESIDENT of the House is expected to benon-partisan • Speaker of the House, as PARTY LEADER is expected to be highly partisan • Decides who can speak on the floor • Decides if a motion is relevant • Assigns new bills to committees • Influences which bills come up for passage vote

31. Parties and Caucuses in Congress – the House • Floor Leaders • One from each party • They are next in line for Speaker of the House • They have whips in the House, too!

32. Parties and Caucuses in Congress • Strength of Party Structures • Ability of leaders to get party members to vote as a bloc • Vote on rules and structure is relatively easy • Vote on legislation is much more difficult! • Votes are normally known ahead of time

33. Parties and Caucuses in Congress • Party Unity • Party Polarization • One party votes opposite of the other party – everything along party lines! • Increasingly, adversarial roles make polarization a modern issue as well as a historic issue • Reflects a split (chasm???) between party ideologies • It is NOT reflective of society • Unimodal society • Bimodal Congress

34. Parties and Caucuses in Congress • Reasons for Party Polarization • District Boundaries • Not competitive • Only the primary really matters • Mostly ideologues vote in primaries • Ideologues mostly vote for extremists

35. Parties and Caucuses in Congress • What is a Congressional Caucus?** • Loose association • Congressmen from either chamber • United by a common interest or cause More to come!

36. How a bill becomes a law • Procedures favor opponents of a bill • To get a bill passed into law: • Fast track it based on popular enthusiasm • Slowly build a coalition

37. How a bill becomes a law • Introducing a Bill • May be done by any member of Congress • House • Hand it to the clerk • Drop it in a “suggestion” box  Hopper! • Senate • Be recognized by presiding officer • Announce it on the floor

38. How a bill becomes a law • Bills get • Legislative number • Printed up • Within ONE Congressional session to be passed (a SESSION is the two-year span between elections of Representatives.) • President • May propose a law to a Congressman • MAY NOT introduce it in Congress

39. How a bill becomes a law • Study by Committee • Referred to a committee by • Speaker of the House • Presiding officer of the Senate • Which committee? • Rules dictate direction • Sometimes overlap exists and leaders make the final decision

40. How a bill becomes a law • Revenue Bills • MUST start in the House • Senate may amend AFTER House acts • House Ways and Means Committee • Handles tax bills • VERY POWERFUL • Most bills die in committee • Introduced to get publicity • Introduced to please constituency

41. How a bill becomes a law • Assigned to subcommittee • Actions of (sub) committee hearings • Witnesses appear • Evidence is studied • Questions are asked • Purposes of (sub) committee hearings • To better inform Congressmen • Permit interest groups to speak out • Build public support (or hostility?)

42. How a bill becomes a law • After the hearings • Revisions made (must be approved by a majority of the house) • Additions made (must be approved by a majority of the house) • If majority approves, bill is reported favorably to House or Senate • With explanation of why it’s favored • With why the additions were made • With dissenting opinions

43. How a bill becomes a law • House can order a DISCHARGE PETITION • If there is a threat that the committee will stall or kill bill • Bring it to the floor • Needs 218 members to sign petition

44. How a bill becomes a law • Placed on the “calendar” • House of Reps • Rules Committee • Speaker of House presides • Sets the RULE • Restrictive or Closed Rule • Limit debate • Only as it came from committee • Open Rule • Looser debate • Amendments from the floor allowed • Can offer favorable “rules” in exchange for subtle changes in the bill

45. How a bill becomes a law • Placed on the Calendar • Senate • Bills considered in any order • At any time • When the majority chooses • Practice says majority leader and minority leader discuss ahead of time

46. How a bill becomes a law • Debate • After introduction from the calendar • House • Committee of the Whole • Who? • Everyone present • At least 100 members present • Actions • Debate • Amend • Decide final shape • Quorum • At least half of the membership (218) • Can pass the law

47. How a bill becomes a law • Debate • After introduction from the calendar • Senate • No RULES COMMITTEE • Allows FILIBUSTER • Broken by Cloture Resolution • 60% • EASIER to filibuster with “double tracking” • Table the filibustered bill • Move to next one • Don’t have to talk round the clock! • Allows Riders

48. How a bill becomes a law • Voting • Voice vote • Both houses • Raise hand, sayyea or nay • Roll-call vote • Responding with names • House • Electronic • Old fashioned calling • Senate • Calling only • No electronic

49. How a bill becomes a law • Voting • Division Vote • Stand up • House only • Teller Vote • House only • If Division or voice vote fail • Walk between “tellers” who tally votes • All yeas first • All nays second

50. How a bill becomes a law • IF the bill passes, but is not identical • Conference committee formed • If voted to form by each house • Members picked by chairs of the committees handling the issue • Minority and majority must be represented • Each delegation (House and Senate) must approve changes by a majority