CONGRESS

1. CONGRESS

2. Overview of Congress • Questions to be answered (leave space to answer them later!): • How long does a term of Congress Last? • How is the House designed to be closer to the people? • What are the qualifications for office for a Senator? A Representative? • How does the size of each house impact the way they operate? • What is representation like in Congress? Is this a good or bad thing?

3. Overview of Congress • Terms and Sessions • Terms last 2 years • Begins January 3 of every odd-numbered year • Numbered Consecutively (07-09 = 110th) • Adjournment = end of term (both houses must agree) • Two sessions per term/ periodic recesses

4. Overview of Congress • Bicameralism = Two houses • House of Reps = closer to people • Elected by the people • Smaller districts • 2 year term • Entire body elected every 2 years • Revenue bills must originate in the house How do these make the House more responsive to the people?

5. Overview of Congress • Bicameralism = Two houses • Senate designed to be removed from the people • Originally elected by state legislatures • Elected on an at large basis • 6 year terms • 1/3 up for election every 2 years = more continuity and stability

6. Overview of Congress • House of Representatives A. Size • Determined by congress (435 since 1911) • Elected by districts • Population of state determines # of Reps (increase in Sun Belts decrease in Frost Belt)

7. Overview of Congress • House of Representatives B. Fixed terms • Two years/ entire body up for re-election • Term limits ruled unconstitutional in US Term Limits v. Thornton (added a qualification) • Qualifications • 25 years old, citizen for 7 years, residency in state

8. Overview of Congress • Senate • Size: 100 members • Term: 6 years • Qualifications: 30 years old, citizen for 9 years, resident of state

9. Overview of Congress • Compensation • Members set own salary (27th amendment = raise takes effect next term) • Perks: travel allowance, staff, office space, franking privilege, insurance • Legislative immunity • Cannot be arrested or detained while going to or from a session of Congress

10. Overview of Congress • Membership • Overrepresentation of white, male, Protestant, upper-class lawyers in their 50s = status quo/conservative bias • Rebuttals to the argument above?

11. Evolution of Congress Questions to be answered: • What were the fears of the founders? • How did they address these fears? • What is the difference between decentralization and centralization in Congress? • What was the House like under “Uncle Joe?” • How did the “Class of 74” change the House? • Which body of Congress is naturally more decentralized?

12. Evolution of Congress • Founders Intentions • Feared excessive power in single institution • Fear of Mob rule • Concern about manner of representation • Belief that Congress would be dominant branch of government HOW DID THE FOUNDERS ADDRESS THEIR FEARS AND CONCERNS?

13. Evolution of Congress • CENTRALIZATION • Strong central leadership • Restrictions on debate • Few opportunities to stall • Minimal committee interference • Streamlined legislative process • Minimal public scrutiny • DECENTRALIZATION • Weak leadership • Few restrictions on debate • Stalling tactics • Powerful committees • Complicated legislative process • Close public scrutiny II. Conflict over Distribution of Power

14. Evolution of Congress II. Conflict over Distribution of Power • 1889-1910 Strong Centralization in the House 1. Speaker Thomas Reed had strong powers including: • making committee assignments • Appointing committee chairs • Chairing the Rules committee 2. Joseph “Uncle Joe” Cannon continued Reed’s centralization

15. Evolution of Congress II. Conflict over Distribution of Power • Decentralization in the House • 1910 Revolt against Joe: • Speaker could no longer make committee assignments • Speaker could no longer appoint chairs • Speaker lost position on Rules Committee • Move towards decentralization • Individuals voted without fear of Speaker • Rules committee gained more power • Committee Chairmen gained power

16. Evolution of Congress II. Conflict over Distribution of Power • Decentralization in the House • Decentralization in the 1970s (Class of 74) - Individual members gained more power - More subcommittees - Power of subcommittee chairs rose (committee chair power declined) - More staff members - Reduction in the seniority system

17. Evolution of Congress II. Conflict over Distribution of Power • Developments in the Senate • More naturally decentralized - Fewer members - no Speaker - lack a strong Rules Committee 2. Democratization of the Senate with passage of 17th amendment (1913) 3. Concern over length of floor debates - Use of filibuster - Cloture vote (3/5 of senators can move to end debate)

18. Evolution of Congress III. Recent Developments • 104th Congress in 1994 • 110th Congress- Election ‘06

19. Incumbency • Questions to be answered: • What are the reelection rates in the House? Senate? • What are the advantages incumbents have? • What is reapportionment? How often does it occur? • Who carries out redistricting? • What is packing? What is cracking? • What is the significance of Baker v. Carr? Shaw v. Reno?

20. Incumbency • Reelection rate in House 90% • Reelection rate in Senate 80% • Relatively few seats are seriously contested • “Permanent Congress” • Election of 1994 (104th) more a call against Dems than incumbents…same goes for ‘06 and Reps, & ‘10 Dems. • But… retirements open up a lot of seats each year

21. Incumbency Specific Advantages • Franking privilege • Staffers • Patronage • Name recognition • Casework • Money, esp. from PACs

22. Incumbency Special Advantage: Gerrymandering 1. Reapportionment: Redistribution of 435 seats in the House on the basis of changes in the state populations. a. Reps per state determined by pop. b. Census conducted every 10 yrs. c. Census shows populations changes and seats are allotted based upon new numbers

23. Incumbency Special Advantage: Gerrymandering 2. Redistricting: When seats change, district boundaries must change. a. Party controlling state legislature redraws district boundaries. b. Gerrymandering = redrawing boundaries to favor party in power

24. Incumbency Special Advantage: Gerrymandering Origins of term: 19th century Governor Elbridge Gerry redrew lines himself with some having such strange shapes, they looked like salamanders. Party in Power keeps power by: • “Packing”- concentrate opposition population in few districts • “Cracking”- Disperse opp. Party throughout state to dilute their impact

25. Incumbency Special Advantage: Gerrymandering Effects of Gerrymandering • Party in power, STAYS in power • Safe seats are created • Odd-shaped districts • “Majority-Minority” districts created by racial gerrymandering

26. Incumbency Redistricting Requirements: • Districts must be as near equal in population as possible • Baker v. Carr, 1962 “one man, one vote” principle applied to state leg districts to correct overrepresentation of rural areas. • Wesberry v. Sanders 1964 applied principle to House districts • District lines must be continuous • Racial gerrymandering is prohibited (Shaw v. Reno, 1993). Race may not be the primary factor in drawing district lines (Miller v. Johnson, 1995)

27. Gerrymandering

28. Gerrymandering

29. Leadership in Congress • Questions to Answer • What are the main leadership positions and what are their responsibilities? • How do Democrats in Congress appoint members to committees? Set their agenda? • How do Republicans in Congress appoint members to committees? Set their agenda?

30. Leadership in Congress- House Speaker of the House- John Boehner • Presides over House • Appoints select and conference committees • Appoints Rules Committee members and Chair • Assigns Bills to committees • Second in line for Presidency

31. Leadership in Congress- House Majority Leader- Eric Cantor Partisan Position- chosen by party members • Floor leader/ legislative strategist • Minority leader- • Nancy Pelosi

32. Leadership in Congress- House Majority Whip- Kevin McCarthy Assistant floor leader • Inform leaders on mood of the House • Keep count on important votes • Persuade party members to vote with party • Minority whip = Steny Hoyer

33. Leadership in Congress- Senate VP- Joe Biden • President of the Senate • Presides over Senate • Votes in case of a tie • Ceremonial Job

34. Leadership in Congress- Senate President Pro Tempore- Daniel Inouye Ceremonial Job • Presides in Absence of the VP • Third in line for the presidency

35. Leadership in Congress- Senate Majority Leader- Harry Reid • True leader in Senate • Recognized first for all debates • Leads majority party • Influences committee assignments • Influences agenda with Minority leader (Mitch McConnell)

36. Leadership in Congress- Senate Minority Leader and party whips function the same as they do in the House Minority Whip Mitch McConnell

37. Party Committees- Senate Assigning Party Members to Standing Committees • Democrats use the Steering Committee • Republicans Use the Committee on Committees

38. Party Committees- Senate • Scheduling the Agenda • Democrats use the Policy Committee • Republicans use Policy Committee

39. Party Committees- House Assigning Party Members to Standing Committees • Democrats use the Steering and Policy Committee • Republicans Use the Committee on Committees

40. Party Committees- House • Scheduling the Agenda • Democrats use the Steering and Policy Committee • Republicans use Policy Committee

41. Committees Questions to Answer • Where is the real work of Congress done? • Why is it important to get on the right committee? • Who assigns members to committees? • What are the powers of the chair? • What are the advantages and disadvantages of the seniority system? • What are the four types of committees? What is the purpose/ function of those committees?

42. Committees • Core of Congress where bills are considered • Committees allow members to specialize in policy areas and become experts • Congressional division of labor achieved through committees • Committee chairs act as "gatekeepers“ • Standing committees have fixed membership, officers, rules, staff, and offices • Majority party sets rules and chooses officers • Majority party always has most committee members • Jurisdiction is defined by subject matter of legislation

43. Committees • Committee functions: • Handle legislation • Conduct investigation of exec. Branch on an as-needed basis • Conduct oversight of exec. Branch agencies on an ongoing basis.

44. Committees • Selection of members: • Importance of getting on the right committee (where you can best represent your constituents) • Assigned by Steering committee or Committee on Committees • Party with majority in Congress has majority of seats on committee • Selection of Committee chairs • Secret ballot in party caucus or conference of leaders. • Seniority rule generally followed. • Advantages of seniority rules: experience, stability, expertise. • Disadvantages of seniority rules: conservative bias/status quo, rural bias (why would this be the case?)

45. Committees • Standing committees are the permanent committees of Congress. They have both legislative and oversight powers. • House Standing: • Rules (most powerful of all) • Ways and means (deals with tax bills) • Appropriations (spending) • Budget • Armed Services

46. Committees • Standing committees are the permanent committees of Congress. They have both legislative and oversight powers. • Senate Standing: • Finance (tax bills) • Appropriations (spending) • Budget • Foreign Relations (prestigious) Treaty and ambassador work • Judiciary: screen judicial nominees

47. Committees • Conference committees: • Temporary committees comprised of members of both houses • Develop compromise language for a bill when versions differ • After conference committee sends bill back - no amendments are allowed and bill is generally passed • “Third House of Congress” Other Committees • Select: temporary purpose in House • Joint: Both houses for temporary purpose

48. Committees- examples • Committee on judiciary checks Justice Department • Committee on commerce checks Commerce Department • Committee on national security checks Defense Department • 95 percent of the 10,000 bills introduced die in committee • Committee chair is from majority party • Schedules hearings • Selects subcommittee members • Appoints committee staff