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Unit 4: Institutions 35-45% of AP Exam Ch. 13-16

Unit 4: Institutions 35-45% of AP Exam Ch. 13-16. Ch. 13: The Congress. Congress vs. Parliament. Congress. Parliament. Candidates run in primary elections with little party control Vote for the “man” not the party Independent representatives Members do not choose president

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Unit 4: Institutions 35-45% of AP Exam Ch. 13-16

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  1. Unit 4: Institutions35-45% of AP ExamCh. 13-16 Ch. 13: The Congress

  2. Congress vs. Parliament Congress Parliament • Candidates run in primary elections with little party control • Vote for the “man” not the party • Independent representatives • Members do not choose president • Work is representation and action • Have power, high pay, lack of party disciplinary action • Candidates selected by party • Members select prime minister and cabinet • Party members vote together • Re-nomination dependent on party loyalty • Work is debating national issues

  3. I. Intent of Framers: Evolution of Congress • Fear of excessive power concentrated in single institution • Belief that Congress would be the dominant branch of government • Fear of mob rule by impassioned majority • Concerns about manner of representation • Solution: Bicameral Legislature • Mob rule addressed by creation of “upper house” in which senators would be elected by state legislatures rather than the people, and which would check the passions of the people’s representatives in the House • Representation concern settled by a Senate with equal representation and a House with representation based on population (Great (CT) Compromise between NJ and VA Plans at Const Conv)

  4. II. Conflict over Distribution of Power A. Centralization: B. Decentralization: • Allow Congress to act quickly and decisively, but at the expense of individual members and their constituents. Conditions: • Strong central leadership with authority over members • Restrictions on debate • Few opportunities for stalling tactics • Minimal committee interference • Streamlined legislative process • Conduct business with minimal public scrutiny • Would protect and enhance the interests of individual members and their constituents, but would prevent Congress from acting quickly and decisively. Conditions: • Weak central leadership • Few restrictions on debate • Numerous opportunities for stalling tactics • Powerful committee influence • Complicated legislative process • Close public scrutiny

  5. Decentralization C. Decentralization in the 1970s (Class of ‘74-midterm elections) D. Developments in Senate • Power of individual members over committee chairmen rose • Number of subcommittees increased • Power of subcommittee chairmen increased, and the influence of committee chairmen decreased • Number of staffers increased • Attack on the seniority system and removal of some chairmen from positions-power of party caucus to select chairs outside seniority system • Senate is a more naturally decentralized and informal body. • Fewer members, fewer formal rules • Lack of a Speaker • Lack of a strong Rules Committee • Democratization of the Senate: passage of the 17th Amendment (direct election of senators) • Concern over length of debate allowed on floor: • Use of filibusters • In 1917, Rule 22-means to kill a filibuster: 3/5 vote for cloture

  6. E. Recent Developments: • 104th Congress: Republican majority “Contract with America” • 12 items voted on by the House in the first 100 days, many stalled in Senate • Speaker Gingrich: passed over some senior Republican members of House for committee chairmanships in favor of younger, more aggressive members • Adopted term limits for committee chairs • Speaker Pelosi: “Hundred Hours of Congress” 2007- 110th Congress voted to raise federal minimum wage, federal funding of stem cell research, implement recommendations of 9/11 commission, cut oil and gas tax breaks, allow Medicare to negotiate drug price discounts, cut student loan rates • Filibuster: Under Bush, Republicans complained Democratic use to block judicial appointments is unprecedented; under Obama, Republicans have successfully stalled so that there is over a 10% vacancy rate • Greater use of “holds.” Since “unanimous agreement” is required to proceed on matters, a single senator can block a bill or presidential appointment to office (notice to floor leader of intention to delay or block a bill from being debated on the floor)

  7. Overview of Congress Terms and Sessions: • Terms last two years • Begin January 3 of every odd-numbered year • Terms numbered consecutively. Current term: 112th from Jan 3 2011 – 2013 • Each term has two regular sessions with periodic recesses (not to be confused with adjournment) • Adjournment: end of a term; date agreed upon by both houses

  8. Bicameralism: 2-house legislature A. House of Reps B. Senate • Designed to be closer and more responsive to people • Members elected directly by people • Elected from smaller, single-member districts • Two-year terms • Entire body elected every two-years • Revenue (tax) bills must originate in the House • Designed to be more removed from the people • Members originally elected by state legislatures (now by the people – 17th Amend.) • Elected on an at-large basis • Elected for six-year terms • Only 1/3 Senate up for reelection every two years (continuous body); more stability and continuity

  9. The House of Representatives Size: • Set by Congress at ___ (since 1911) • Members elected by districts, not states • Number of reps based on population • Demographic trends show increase in Sun Belt state reps (CA-53), decrease in Frost Belt reps Terms of Office: • Fixed (unlike Parliament) at ___ years • Term limits passed in some states, but ruled unconstitutional by Supreme Court (US Term Limits v Thornton, 1995) Qualifications:

  10. The Senate Size: • ____ members, chosen by state “at-large” • With a smaller size, the Senate has been a more informal body with less need than the House for as many strict procedures Terms: • Serve ____ year terms. Terms are staggered-only 1/3 up for reelection every two years. No term limits Qualifications:

  11. Compensation • Members set own salaries. 27th Amendment prevents salary raises from taking effect until the following term. Honoraria now banned (speaking fees). • Current salary: $174,000. Majority/Minority Leaders: $193,400 • Perks: staff, travel allowance, office space, franking privilege, insurance… • Legislative immunity: cannot be sued for something they say while on congressional business / speech on floor • Cannot be arrested or detained while going to or from a session of Congress

  12. Do Members Represent Voters? • Representational voting (acting as a delegate for constituents) • Difficult to gauge constituent opinion • Most constituents are not aware of issues • Diversity of interests • Organizational voting • Members vote to please colleagues • Cues from: party, committee, ideology • Members can use reciprocity (exchange of favors) and logrolling (exchange of votes) • Lack of party unity on issues • Attitudinal Voting (trustee role) • Act according to own convictions and ideology • House members tend to have more similar opinions as public than do Senators • Democrats more divided ideologically than Republicans

  13. The Incumbency Advantage I. Scope of Advantage: II. Advantages: • Reelection rate in House >90% (96% in 2008) • Reelection rate in Senate >80% (90% in 2008) • Relatively few seats are seriously contested in House-most are “safe” seats • Charges of a “permanent Congress” • Franking privilege • Staffers • Patronage • Name recognition • Casework • Money, esp from PACs

  14. III. Special Incumbency Advantage: Reapportionment and Gerrymandering • To understand gerrymandering, you must understand reapportionment: the redistribution of 435 seats in the House on the basis of population changes in states • Number of reps per state determined by population • Census Bureau conducts decennial census every 10 years • Census Bureau will show population changes in states, which must then be reflected in state representation in the House • States that gain population, gain seats • States that lose population, lose seats • Size of the House fixed at 435

  15. Congressional Reapportionment, 2003-2013

  16. Gains/Losses 1990; 2000

  17. Gerrymandering • Redistricting must be done if a state has a change in the number of seats. State legislatures re-draw congressional districts. • Gerrymandering: when the district is drawn to the advantage of the party controlling state legislature • Each district is supposed to have the same number of people and drawn in one contiguous piece • The party in power in the State Legislature can get a majority of seats in the House in two ways: • “Cracking:” drawing the district lines in such away as to disperse the opposing party throughout the state and dilute the party’s strength and preserve a majority of seats for the majority party • “Packing:” drawing the district in lines in such a ways as to concentrate the opposing party in a few districts, thus preserving a majority of seats for itself.

  18. Congressional District 27

  19. Effects of Gerrymandering Effects: Supreme Court redistricting requirements: • The party in power STAYS in power • “safe” seats are created for incumbents, leading to more difficulties for challengers • Strangely-shaped districts • “majority-minority” districts created by racial gerrymandering • Districts must be as near equal in population as possible • District lines must be contiguous • Racial gerrymandering is prohibited (Shaw v. Reno, 1993). Race may not be the primary factor in drawing district lines (Miller v. Johnson, 1995) • Cannot dilute racial minority voting strength • “communities of interest” may be kept intact

  20. D. Supreme Court Rulings • Baker v. Carr, 1962 • The Court found that the reapportionment of federal districts was justiciable • “one man, one vote” principle applied to state legislative districts to correct overrepresentation (malapportionment) of rural areas • Wesberry v. Sanders, 1964 • Court held that sections of states may not be over- or under-represented saying that one person’s vote must be equal to another’s • Result of over-representation of rural districts • “one person, one vote” ruling applied for House districts

  21. Leadership in the House: The Presiding Officer • The Speaker of the House • Presides over the House • Appoints select and conference committees • Appoints Rules Committee members and its chairman • Assigns bills to committees • Influences agenda of the House • Informal powers: • media access • The Speaker is the 3rd in line for Presidential Succession John Boehner, (R) OH

  22. House Leadership: • Majority/Minority Leader • _____________________________ • _____________________________ • Majority/Minority Whip • _____________________________ • _____________________________ • _____________________________ • _____________________________ • _____________________________ • Rules Committee: • Sets legislative calendar (“traffic cop” of House) • Issues rules for debate and amendment (open rule allows former, closed rule does not)

  23. Leadership in the Senate: The President of the Senate Vice President Joe Biden • The VP is the President of the Senate • He may only vote to break a tie, and cannot speak or debate on the floor • He may recognize members, and put questions to a vote • The president pro tempore of the Senate serves in the absence of the VP • The president pro tem is elected by the Senate and is a leading member of the majority party • The president pro tem is 4th in line for the presidency U.S. Senator Dan Inouye, Hawaii (D)

  24. Leadership in the Senate: 3. Majority Leader • True leader in the Senate and of majority party • Recognized first for all debates • With power to filibuster, this gives Majority Leader strong influence on bills • Influences committee assignments • Influences senate agenda, along with Minority Leader • Media coverage 4. Minority Leader and Party Whips: • same as House

  25. Strength of Party Structures Party Unity Party Caucuses • Best predictor of congressional voting: party unity scores are strong. • Party polarization (majority of Democrats in Congress vote against Republicans) • American voters tend to be more moderate while congressional Dems and Reps more ideological • Rivals to party in policy formulation • Weakening of parties, decentralization of Congress-rise in caucuses • Particular interests meet to promote policy goals • CBC, Blue Dog, Hispanic, Prayer, Pro-Choice, African Trade…

  26. I. Organization of Congress:Congressional Committees • Real work of Congress is done in committees and subcommittees, not on the floor of the House or Senate • Before bill goes to floor, first goes through committee • Unless House votes to “discharge” it onto the floor for consideration if committee refuses to “report out” (Senate committees cannot prevent bills from reaching floor). • Functions: • Analyze legislation • Conduct investigations of executive branch on as-needed basis • Conduct oversight of executive branch agencies on an on-going basis • Selection of members: • Importance of getting on the right committee, i.e. one in which a member can best serve his/her constituents, and thus increase chances of reelection • Members are assigned by either the Committee on Committees (R) OR Steering and Policy Committee (D) • Whichever party has a majority in house has majority on committee • Chair is of majority party, ranking member is of minority party

  27. E. Selection of Committee Chair • Power of chairperson is substantial over: • Setting agenda • Hiring staff • Membership on subcommittees • Jurisdiction on subcommittees • Chairs are selected by secret ballot in party caucuses or conferences (of party leaders) at beginning of term • Ranking member: most senior member of minority party on committee • Generally seniority system is followed-person of the majority party with most seniority on that committee is chosen chair. The 104th Congress imposed term limits of 6 years for both houses, effective 2001 (Gingrich reforms) • Advantages of seniority system: • Experience • Stability • Expertise • Reduces infighting among rivals for chair

  28. II. Important Standing Committees: permanent committees of Congress. They have legislative, investigative, and oversight powers. • Types of standing committees: • authorizing: allow for creation of federal programs • appropriations: provide funding for federal programs • revenue and budget: raise money for federal programs • House • Rules: most powerful of all. Sets legislative calendar and establishes rules for debate and amendments. • Ways and Means: deals with tax bills • Appropriations: deals with spending bills • Authorization bill allows for money to be spent, and appropriation bill provides the actual funding for the program • “earmarks:” special projects set aside by members to benefit home districts or states. Dramatic rise of these in recent years.

  29. C. Senate • Finance Committee: deals with tax bills • Appropriations: deals with spending bills • Foreign Relations: highly prestigious. Senate has larger role in foreign affairs than House because of treaty ratification and ambassador confirmation provisions in Constitution • Judiciary: Screens judicial nominees. Careful scrutiny given because of the power of the modern judiciary and the fact that judges have life terms. (Presidents Clinton and Bush 43 both criticized the committee by holding up numerous judicial nominations. Some delays under Clinton lasted many months, and in some cases, years.)

  30. III. Other Committees A. Conference Committees B. Other types: • Temporary committees comprised of members from both Houses • Develop compromise language on a bill when House and Senate versions differ (about 10% of the time) • After conference committee sends bill back to each house, no amendments are allowed, and the bill generally passes • Select: appointed by a house for a limited, temporary purpose, e.g. to study an issue or to conduct an investigation • Joint: composed of members from both houses for similar temporary purposes

  31. Organization of Congress: Staff • Congressional staff members. As Congressional responsibilities grows, staff has increased accordingly. • Control information that members receive • Control access to members • Help set committee agenda • Make recommendations on legislation • Help write legislation • Analyze information from presidential staff and interest groups • Incumbency advantage

  32. How a Bill Becomes a Law A. Bill Introduction • Less than 10% actually pass • Ideas for most bills originate in the executive branch • Bills can be introduced in either house, except for revenue (tax) bills (House only) • intent of the Founders: to create a cautious and deliberate process. • Two-step legislative process: 1) authorization allows for a program, 2) appropriation provides money for the program • Passage of a bill requires only a simple majority.

  33. Bills are proposed laws • They can be brought to Congress by a number of ways: the executive branch, committees, special interest groups, or from citizens • Can only be introduced by a member of Congress. Members of the House drop the bills into the “hopper” for consideration; recognized in the Senate by presiding officer

  34. C. Types of Bills and Resolutions • Public bills: • Measures that apply to the nation as a whole • Private bills: • Measures that apply to certain people or places • Joint resolutions: • Deal with unusual or temporary matters; similar to bills and have the force of law • Used to propose amendments to the Constitution and to annex land • Concurrent resolutions: • Matters in which both houses must act together, but do not need presidential signature • Simple Resolutions: • Matters that concern either house, but do not have power of law • Sometimes have a rider attached dealing with an unrelated matter that is “tacked on” to a resolution that is likely to pass

  35. Reducing Power and PerksA. Influences on Congress • Interest groups/lobbies/PACs: • Campaign contributions (campaign finance reforms) • “report cards” • Providing information • Testifying before committees • Paying for “junkets” • Iron triangles (or “subgovernments,” “issue networks,” “policy networks”): a congressional committee, the related federal agency, and the impacted interest groups. • The president can reward or punish members, particularly those of his own party. He can campaign for or against members, he can attend or not attend members’ fundraisers, he can speak out for or against members, and he can use his “electronic throne” to gain leverage (“going public”) • The media (as “watchdog”)

  36. The Case Against Congress A. Congress is inefficient: B. Congress is unrepresentative: • Bicameralism • Decentralization • Excessive electioneering and fundraising • Partisanship • Represents narrow geographical interests at expense of national (public likes own rep, but dislike institution) • “all politics is local” Rise of pork barrel legislation • Use of franking privilege to subsidize personal campaign • Club of white, middle-aged, Protestant men • Lack of 3rd party reps • Overrepresentation of small states

  37. C. Congress is unethical D. Congress is Irresponsible • Numerous scandals • Fundraising • PAC influence • Junkets • Logrolling • Lobbying by family members or former members of Congress • Corporate hiring of family members of Congress • Diffusion of power allows members to be absolved of individual responsibility • “watering down” of bills • “spending bias” (pork/earmarks) • Gramm-Rudman-Hollings Bill (1985, 1987) • BEA, 1990: PAYGO produced budget surpluses in early 90s, expired in 2002, renewed 2010 • Boehner’s “cut-go” proposal as part of “Pledge to America” 2010

  38. Powers of Congress D. Institutional Powers E. Powers Denied to Congress: Those that relate to system of checks and balances • Senate ratifies treaties with 2/3 vote • Senate approves presidential appointments with majority vote • House votes for impeachment (majority vote); Senate tries impeachment (2/3 vote to convict). Who is subject? President, VP, and “all civil officers of the U.S.” • House elects President if not electoral majority; Senate elects VP • Proposal of constitutional amendments with 2/3 vote of both Houses • Each can seat, unseat, and punish (censure) its own members • Passing ex post facto laws: Criminal laws that either define a crime or provide punishment retroactively • Civil laws may be passed retroactively • Passing bills of attainder • Legislative acts that inflict punishment without a trial • Congress cannot both make laws and decide guilt or innocence (separation of powers) • Suspending habeas corpus (Intended to prevent unjust arrests/imprisonments)except in cases of rebellion or invasion

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