Understanding the Dominant Congress: Key Aspects and Challenges

1. Congress US Government POS 2041 Ch. 9

2. Congress: the dominant branch of gov Highlights • Congress is the key national representative & decision making body in Washington • Founders intended it to be the most dominant of the 3 branches • Congress exercises supreme control over the 2 most powerful aspects of the nation: 1. Power over money 2. Military (war)

3. Recent Perception • Congress is not able to represent fairly & exercise power responsibly • Congressional members’ activities are influenced by their electoral considerations • In order to gain re-election, Congress provide services & patronage to their Constituents

4. Who can Serve • Congress = 25 years old, a citizen for at least 7 years. Stands for elections every 2 years • Senate = 30 years old, a citizen for at least 9 years. Stands for election every 6 years • Members must reside in state which they represent • Constituency: district ( electoral district as well as members) that a Congress member represents

5. Congress depends on a… complex internal organization consisting of 6 dimensions: • Parties • Committees • Staff • Caucuses • Rules • Presidency

6. Inner Workings • House leader selected by majority party & becomes the House Speaker • Leader of the senate is the VP • Committee system assumed pivotal powers • House Rules Committees controls deliberations & debates • Filibusters still occur • Committees, seniority & rules limit members’ representation of their constituents

7. House of Reps 435 Election every 2 years Leader of the House of Reps is selected from the winning party caucus 3rd in line behind Pres & VP Senate 100 Elected every 6 years Majority leader is selected from the winning party He/She is accountable to House Speaker House leader is often designated “President for the time in the absence of the VP. (Pro Tempore (for the time being). Next I line to Speaker of the House) House Reps & Senators

8. Senate Majority leader • Senate majority leader manages legislative process Current Speakers: Majority- Paul Ryan Minority- Nancy Pelosi House leader; Mitch McConnell Minority- Chuck Schumer • Schedule debates on legislation

10. Leaders of the Houser and Senate

11. How Congress decides on Legislation Influenced by • Constituency preferences • Interest Groups • Party discipline

12. Iron Triangle Interest Groups

13. Maintaining Party Discipline • Favoring Committee assignments • Allotting floor time for debate for one bill in exchange for specific vote or another • Whip system allows party to assess support of a bill • Creating coalitions • President can muster support by championing certain legislations

14. Other powers of Congress • Oversight, Advice & Consent on appointments • Treatises • Impeachment In spite of these powers Congress is often criticized for being ineffective Some reasons are: • Congress is beholden to special interest groups which shuts out citizens’ participation • Should Congress act as trustees or delegates?

15. House & Senate: Differences in Representation • Congress person is mainly responsible to his/her district & constituency & residents who elected the official in the first place • Legislature consists of 2 houses/ bicameral : House of Reps & Senate • Both elected by the people • House = 435 elected members from districts apportioned by pop. across country (initially 59) • Senate = 100 elected members, 2 from each state

16. Senate vs House • Senate is smaller & discourages specialization with less power concentrated in the leadership • House is specialized in its functions • House is larger & more centralized & organized

17. Senate vs House • Assigns more powers in the hands of its leadership • No leadership as such of the Senate compared with Congress. • VP is formally the presiding officer & has the tie breaking vote • House has narrow constituency congressional districts

18. Senate vs House • Senate has broad constituency- whole states • House is less prestigious than senate • For the House power is vested in leaders and committees • For Senate power is more evenly distributed

20. Acting for Representation: Sociological vs. AgencyRepresentation • Sociological representation = the representing person reflects the racial, ethnic, gender, religious or educational backgrounds of their constituents • Assumption is that these similarities in composition on both sides promotes good representation • Therefore the composition of a legislature should mirror its society

21. Agency Representation defined • When the rep represents the constituent regardless of make up/backgrounds of the constituents • But when the constituent has the power to hire/fire reps who represent them • Keep in mind that we have a 2 party system

22. Demographic Composition of Congress • Congress is not a sociologically representative body • Largely Protestant, followed by Catholics & Jews which sort of mimics the religious make up of the population • Under representation of minorities & women, disabled • Women currently are 17% of Congress

23. Make up of Congress • African Americans & women, Hispanics are increasing their representation • Large percent of congress are from legal, politicians or business backgrounds • Although reps do not reflect the diversity of their constituent, they do represent their interests • Risk of not doing so – not being re elected • Still constituent do not have strong views on every issue

24. Demographic Make-up of Congress

25. Electoral Connection: Who gets elected & what they do are influenced by 3 factors: • Who runs for office? • Voter’s choices are restricted by who decides to run for office • Parties ensure that qualified candidates run • Incumbency: Incumbents provide constituents with services which ensure their re election • Regular communications • Incumbency tends to preserve status quo • Hence call from some quarters for term limits to ensurenew faces more often

26. Redistricting & Apportionment • Reapportionment: Reassignment of the seats of the House of Representatives on the basis of changes in the population of the state • Completed every 10 years bases on census • Redistricting: Redrawing of district boundaries • Hence some states lose seats, while others gain seats. Based on pop changes • Redistricting tends to be political & favors the ruling party at the time because it oversees the redrawing • Apportionment process of (re) allocating congressional seats • 435 was set in 1929. 3 assigned to D.C.

27. Gerrymandering • The process of redrawing congressional boundaries for purpose of favoring a political party, an incumbent or specific group • Benefits vs disadvantages • How might it affect an incumbent? • Racial representation? • Majority/minority district?

28. Direct Patronage = Pork barrel • Congress member are able to provide patronage to constituents – local projects, new initiatives not always needed, but ensures re election of the reps. • Members may add earmarks in legislation which provides benefits to their districts • Private Bill is another way to provide patronage- provides relief or special privilege/exemption • Often abused

29. Recent law on regulating credit cards contains clause on letting Americans take guns in national parks • Recent (May 22, 09. A bill which went to the president restricting banks & credit card issuers’ abuse of consumers ended up with a clause which allows people to take their guns in national parks?

30. Building blocks of Congress:how Congress is organized: • Consist of political parties • Committee system • Congressional staff • Caucuses • Parliamentary rules of the House & Senate A Legislature which represents & governs, but runs along party lines

31. Party Leadership in House & Senate • Each party elects its House leaders every 2 years • Democrats do so in a caucus –a closed meeting • Majority leader is then elected by the whole House as the Speaker of the House

32. Party Leadership in House & Senate Speaker of the House is elected at the beginning of each Congress (every 2 years) • Speaker has much influence: • Legislative agenda • Fate of legislation • Committee assignments (House Speaker)

33. Party Leadership in House & Senate • House majority elects a majority leaderin the House & Senate • Majority leader is subordinate to Speaker • Minorityleader elected by minority party • Whips elected to coordinate party’s legislative strategies

34. Committee System: Core of Congress which does most of the work Committees are essential to the functioning of Congress • Rules Committee= determine which bills come up on the floor for debate • Standing Committee= permanent and responsible for legislation which covers finance, tax, trade, Medicare & Social Security • 20 Standing Committee each with several sub committees

35. Committee System • Select Committee = temporary committee set up to investigate/address issues which do not fall under jurisdiction of Standing Com. • Joint Committees are legislative committees established by members of House & Senate • Four such committees- economic, taxation, library & printing

36. Committee System • Conference Committees= temporary committees set up to work out compromise on legislations between House & Senate • Committee Chairs: within each committee there is a hierarchy which works on seniority • Joint Committees: often temporary committees to investigate specific concerns. Combine members from both houses

37. Staff System: Staffers & Agencies • In addition to personal staff, other Congressional & Senate staffers are retained to deal with administrative, research & scheduling activities • Staff Agencies are staffers who are responsible for policy analysis • Include the Congressional Research Service, Budget Office & Govt • Accountability Office. These help to oversee the executive branch

38. Informal Organization: The Caucuses • Unofficial structure/association of members who share common interests, social, racial interests: Eg the Black Caucus

39. Powers ofCongress • Founders assigned several powers to Congress. What are they? 1. Enumerated / Expressed Powers as given by the Constitution, include; • Collect Taxes • Coin Money • Declare war • Support military • Regulate commerce with foreign powers and among states

40. 2. Implied Powers • Congress was also given “all necessary & proper” powers required to fulfill its enumerated powers • That amounts to wide powers for Congress • One such power is the right to introduce & make laws

41. Example of the far reaching powers of Congress • Recent safety &recall issue with Toyota • Top execs appear in front of the Commerce & Energy Committee to be grilled • Feb 2010

42. How a Bill becomes Law: rules governing the process • The process of introducing a bill & guiding it all the way to the president for signature Committee Deliberation • First step to passing a law is to draft a bill • Then submitted to appropriate committee for deliberation • Then to a subcommittee where hearings & testimony may be held • Then passed up to full committee for vote • Must pass the Rules Committee • Many bills die in committee

43. Debate • Bill is then introduced on the floor of House & Senate for debate • Companion Bills: when both houses are considering two similar bills separately. • Bills can originate in either house. • Revenue bills can only originate in the House of Reps

44. Speaker of the House & Senate Majority leader have the power of recognition during the debate • Rules Committee allots debate time • Senate rules different in that no limit of debate, hence filibuster which prevents or delays passing of a bill

45. Conference Committee • Reconciling House & Senate Versions of possible legislation • This stage irons out differences in the versions from the 2 houses • Then re-submit to the floor to be voted for again by both houses

47. Presidential Action • Once adopted by both houses, the bill moves on to the president President may choose to do the following: • Sign the bill • Veto it. President’s constitutional power May be overturned by 2/3 of the House & Senate • Pocket Veto the Bill: automatic veto if the president sits on a legislation during the final 10 days of legislative session

48. How Congress Decides • External & Internal factors influence the decision-making • External: legislator’s constituency, interest groups & political parties • Internal: party leadership, congressional colleagues & the President

49. External Factors Constituents: • Congress members spend much time forecasting what policies constituents like in order to be re elected • However, most constituents do not know what policies or bills their reps support Interest Groups • Organized or mobilized interest groups have big influence in decision making- lobbying, direct mail campaign

50. Internal Factors: Party Discipline • Party leaderscan influence party members in several ways; • Party Unity Vote A roll-call vote in which 50 % of members of a party is opposed by 50 % of another party