Congress. Chapter 11

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1 Congress Chapter 11

2 Warm-Up Crash Course Video: Bicameral Congress Notes Sheet Fill in as many aspects of each chamber of Congress as you can. Video

3 The Purposes/Jobs of Congress 1. Lawmaking 2. Representation 3. Constituent service 4. Oversight

4 Constitution and Congress Congress is the 1 st Branch Article I Given the most powers The Elastic Clause Implied Powers Enumerated Powers Regulating commerce coining money raising and supporting armies creating courts establishing post offices and roads declaring war levying taxes approving appointments/treaties Impeaching the president making laws etc. etc.

5 The Founders and their vision for Congress A balance between local and national concerns Federalist 57 James Madison The aim of every political constitution is, or ought to be, first to obtain for rulers men who posses most wisdom to discern, and most virtue to pursue, the common good of society. Refine and Enlarge the Debate

6 The Founders and their vision for Congress House Senate Direct Elections Chosen by State Legislatures Passionate and closely tied to until 17 th Amendment their constituents at home More removed from Hot headed and short sighted constituents at home 2 year terms no term limits Should think of the nation as a Lower age requirements whole Potentially dangerous 6 year terms no term limits Higher age requirements A spot for the passions of the House to simmer Cup & Saucer analogy Some argue that the permanent campaign in modern politics has pushed the Senate away from this vision and made them more vulnerable to the whims of the people.

7 A Balancing Act to achieve Reelection Responsiveness vs. Responsibility Concern for constituent interests Concern for national interests

8 Congress Structures: Formal and Informal

9 Legislative Branch Congress House of Representatives 435 Members Senate 100 Members Speaker of the House Elected by the Majority Party Influences committee assignments, scheduling and overall party strategy Majority and Minority Leader National spokesperson for the party Helps with day to day operations Majority and Minority Whip Overseas Whip System Gather info, Spread info, Coalition building Close vote persuasion Committee promotion demotion Caucus and Conference Chair 1 per party Runs party meetings to elect floor leaders Makes committee assignments Sets legislative agendas

10 Legislative Branch Congress House of Representatives 435 Members Senate 100 Members Leadership is less powerful Individual senators have more power than house members (unlimited debate rule) Majority and Minority Leaders Majority and Minority Whips Republican and Democrat Conference Chairs President of the Senate VP Assistant Majority and Minority Leaders President Pro Tempore Most senior member of majority party no real power

11 Legislative Branch House of Representatives 435 Members Congress Senate 100 Members House and Senate Leadership Positions Speaker of the House President of the Senate VP President Pro Tempore Majority and minority leaders Majority and Minority Leaders Majority and minority whips Assistant Majority and Minority Leaders Caucus and Conference Chair Majority and Minority Whips Conference Chairs

12 Committees (Standing Select Joint - Conference) House (online list) 20 Standing Committees Rules Committee = Big Power 97 Subcommittees Senate (online list) 20 Standing Committees 68 Subcommittees Joint = Members from House + Senate Cannot send legislation to the floor for a vote Gathers research and issues reports Ex: Joint Committee on Taxation Or addresses administrative tasks Ex: Joint Library Committee Select Temporary, used to address a specific issue for 1 or 2 terms Example: Deficit Reduction Committee Conference Committee Temporary Members from both chambers Negotiate differences between House and Senate versions of legislation

13 The Importance of Committees Reelection Credit for popular bills/legislation Distributive Theory Members of Congress will join committees that best serve the interests of their district, and committee members will support each other s legislation. Informational Theory Allows politicians to become experts in certain areas so Congress can defer to the expertise of particular committees. Help the majority party Seat percentage is chosen by the majority party for standing/subcommittees Rules Committee - in the House ONLY (Most Powerful Committee) Schedules items for a vote if you don t want it voted on don t schedule it

14 Congress Constituency and Approval

15 How do representatives connect with constituents? Advertising Showing up at hometown events Credit Claiming and Position Taking I helped you with something that mattered to you- Casework Substantive Representation Trustee v Delegate Reading When a member of Congress represents constituents interest and policy concerns Politico, Delegate, Trustee Descriptive Representation When a member of Congress shares the characteristics (gender, race, religion, ethnicity) or his or her constituents

16 3 Types of Substantive Representation Trustee Represents constituents interests ALSO national, collective, and moral concerns that MAY cause the member to vote against the preference of a majority of his/her constituents. Delegate A member of congress who loyally represents constituents direct interests The style used by a rep comes from their level of security in their district and the nature of their constituency Politico A member of Congress who acts as a delegate on issues that constituents care about (e.g. immigration) and as a trustee on more complex or less salient issues (e.g. foreign policy)

17 Why do we care about Descriptive Representation? 1. Serve as a role model 2. Perceived Responsiveness Support, trust and satisfaction Psychological effect of feeling that they get you Would it be fair if all 435 House and 100 Senate members were white, male, protestants?

18 Form groups of 3-4 members. How do we measure up? I will assign each group a chamber of Congress and a characteristic. Research the percentage of your assigned characteristic in your assigned chamber of Congress. House & Senate 4ad6-b79d-b1c9865ca076.pdf Graph your characteristic in the chart on the Smartboard.

19 Descriptive Representation in the 114 th Congress 100 House of Representatives Party Average Age Occupation Education Religion Gender Race/Ethnicity

20 Descriptive Representation in the 114 th Congress 100 Senate Party Average Age Occupation Education Religion Gender Race/Ethnicity

21 Demographics of the 113 th ( ) House 433 Members (2 vacant seats) Age (30-90) Av. Age = 57 Senate 100 Members Age (39 80) Av. Age= 62 Ethnicity 81.6% Caucasian 9% African American 7% Hispanic 2% Asian.4% are American Indian Gender Male Majority (81%) Ethnicity 93% Caucasian 2% African American 4% Hispanic 1% Asian or Pacific Islander Gender Male Majority (80%)

22 Women in Congress

23

24 Minorities in Congress

25

26 Religion in the House

27 Religion in the Senate

28 How Do They Stack Up Compared to the Population? Female Christian US Senate House Age

29 How Do They Stack Up Compared to the Population? Caucasian Asian Hispanic US Senate House African American

30 Income Congress US AGI Above One Million AGI Below One Million AGI Above One Million AGI Below One Million 95.22

31 Congressional Reputation Do we approve? Aye or No? Congressional Approval Updated Numbers

32 Poll Results of Congress Image 1. People view Congress as increasingly less trustworthy and more petty and partisan. 2. Polls also show that a large majority of people think the government is run by big interests looking out for themselves. 3. The 2 biggest reasons for disapproving of Congress is incessant gridlock and partisan bickering. (Gallup)

33 Why is public opinion so low? Media Coverage is negative They do stupid stuff Scandals, mistresses, failed policies, fraud Voters are needy whiners The electorate wants: 1. national issues addressed 2. local districts to get their fair share (e.g., more) of the available projects and funding 3. individuals to receive help in dealing with the bureaucracy, such as help in getting the Social Security benefits or military pension to which a constituent is entitled.

34 HOWEVER! Despite the negative-nancy attitude of the public, Incumbents are still far more likely to win an election! Incumbency advantage How can this be??????? Willful ignorance? Redistricting?

35 Congress Legislative Process

36 How a Bill Becomes a Law Video Passage of a Bill Get the type of bills Diagram the basic steps Types of votes Differences in the process in the Senate

37 Did you think of it like this? Oh look! I m a law! I don t want your stinkin law! But it will be good for everybody. Oh ok. There should be a law!

38 Actually, its more like this.

39 Basic Steps Introduced in the House Assigned to the right committee by Speaker (or not) Subcommittee Heads to the Rules Committee House Floor Vote Goes to the Senate for similar process Differences No speaker: majority and minority leaders decide which committee gets it (or not) Senator s can add unlimited amendments (riders) No Rules Committee = no limits on debate (filibuster and cloture) Conference Committee works out differences To the president for Veto or Sign into law

40 Introduction Only members of Congress can introduce a bill House Hopper Senate - give it to a clerk

41 After introduction Committee Subcommittee Subcommittee (lobbying opportunity) - Holds hearings, Calls witnesses, Gathers info Markup Entire subcommittee votes on the final language of the bill and whether or not to send it the full committee Full Committee - Decides whether or not to send it to the floor May also amend the bill or table it (kills the bill) House only before the bill can go to the floor the Rules Committee sets rules for debate Closed rules no amendments modified rules- some amendments but not others open rules relevant amendments allowed Senate only unlimited debate is allowed Unanimous consent agreements senators agree to time limits and amendment types A single senator who doesn t want to agree can issue a hold on a bill or nomination approval - Kill the bill or get concessions

42 Committee Chamber Floor Placed on a legislative calendar House can move a bill up to vote on it sooner: Suspension of the Rules: can be considered immediately but Debate is limited to 40 minutes No amendments allowed Must pass with 2/3 vote Or Rules Committee may make a special rule if approved by a majority of the House to move the bill up for immediate consideration Senate Majority Leader just schedules it through a motion or unanimous consent Filibuster talking a bill to death Cloture ending a filibuster with a 60% vote When its time arrives, each party designates a Bill Manager (guides debate)

43 Both chambers pass the bill but the versions are different, now what? Conference Committee key members from both chambers Try to work out differences and create a modified version Conference version goes to both chambers must be passed by both again in this final format No compromise in Conference? Bill Dies Or choose 1 version or the other no amendments allowed!

44 Signed into Law or Vetoed 2 ways to sign into law: Actually sign it Ignore it for 10 days while Congress is in session Automatically becomes a law Types of Vetoes Regular Veto - Send it back to the chamber it came from Pocket veto Congress adjourns and the president doesn t act on the bill for 10 days. Bill dies Can be reintroduced Vetoes can be overridden 2/3 vote from both chambers Since of 44 presidents have used the veto 2,564 times Congress has overridden a veto 110 times

45 How do these rules impact the House and Senate? The rules and structures applied to the House create an atmosphere that gives more power to the majority party Rules Committee The rules and structures of the Senate give greater power to the minority party Filibuster

46 Force a bill out of its Committee 20% of Bills Discharge Petition Deviations Creators add changes 1/3 of bills After committee before floor Increases chance of passing Summit Meetings Pres. and congress members meet Bypass or jumpstart the process by creating compromise immediately Presented as a done-deal Omnibus Bills Enormous Filled with Riders or Pork Barrel additions added through earmarks

47 You know its bad for you but its too good to resist 2005 Transportation Bill included 6,371 earmarks worth $24 billion Pork Barrel Spending Funds for Pet Projects Attached by earmarks to bills that are unrelated Help a representative gain popularity back home Help gain support for bills Accounts for less than 1% of total federal budget Wasteful or Necessary? Bridge to Nowhere (Check out video) Debate over moratorium on earmarks in 2010

48 Congress Oversight Congress other responsibility

49 What is oversight? Congress watches implementation of a law to ensure the bureaucracy interprets the law the way Congress intended. Also serves to boost images of representatives or to embarrass rivals The law doesn t work well Think Health Care Reform Website Debacle

50 How does Congress engage in Oversight? Power of the purse Defund or fund programs Hearings and investigations Summon officials and agency heads to defend their actions Media spotlight Legislative Vetoes overturn a bureaucratic decision Reactive rather than proactive Advice and Consent Impeachment House initiates Senate tries/convict Not just the pres. also VP, Fed judges (SC too), civil officers

51 Congress and the FDA - video How have things changed for the FDA over the years? Why is congressional oversight such an important power for the legislative branch to have? How would agencies, such as the FDA, be affected in the absence of congressional oversight?

52 Possible issues with Congressional Oversight. House Committees and the Iron Triangle What is an iron triangle? How does it relate to congressional oversight?

53 Congress Congressional Elections

54 Federal Elections Presidential Every 4 years Next presidential election is 2016 Congressional (AKA Midterm, off-year) The House and Senate Every even # Year 2014, 2016

55 Congressional Elections House All members are up for reelection in the same year 435 seats A House member s term is 2 years Compete in Congressional Districts Senate 1/3 of the senate is up for reelection every 2 years 33 seats A senator s term is 6 years A state s 2 senators do not run for re-election in the same year One seat at a time Compete Statewide Most House and Senate contests use Plurality Voting meaning the candidate with the most votes wins. Some use majority. If no candidate receives 51% of the vote, there is a run off election between the top 2.

56 Incumbency Advantage Despite the negative-nancy attitude of the public, Incumbents are still far more likely to win an election! What do incumbents have over their challengers? Name Recognition well known with the people already Franking privilege Funding PACs give more to incumbents than challengers Experience Credit Claiming/Position Taking

57

58 Why is the House incumbency re-election rates higher than the Senate? Smaller area to campaign in congressional district v an entire state Less diverse of a constituency to appeal to Don t go up against as well-known and strong challengers Elections are more often every 2 years compared to every 6

59 Problems with District Boundaries Gerrymandering Most states have districts drawn by the State Legislature Types Very beneficial to have unified state government when districts are being redrawn Some states use Judges, non partisan commissions, or committees Partisan Incumbent Racial Candidate

60 Gerrymandering Tactics Pack Lump as many politically like-minded individuals into one district as possible - bleach Crack Split troublesome voters into different districts to dilute their vote Kidnap Punish a party member by redrawing their lines so the people who voted for them in the past can t anymore Hijack Redraw lines so two candidates from the same party are pitted against each other whereas in the past they ran for different seats

61 What is Gerrymandering? Watch C.G.P. Grey s Gerrymander Video

62 Examples Austin is a very liberal city in a conservative state. How would these district lines impact the vote?

63

64 Kidnap Kuptur (D) and Kucinich (D) are from the same party, ideologically very similar and even personal friends. They used to live (and run) for positions in separate districts but now.

65 Important Cases on Gerrymandering David v. Bandemer 1986 Does Partisan Gerrymandering violate the 14 th Amendment? Yes, plans can be challenged in court. Standard of proof is very high sufficiently adverse Shaw v. Reno Appearances matter Justice Department told North Carolina to create 2 districts with a majority population of minority voters Majority Minority District Supreme Court Ruled NC s districts as unconstitutional Race cannot be the predominant factor in creating a district

66 1965 Voting Rights Act 2 US defenses against Gerrymandering Pre-Clearance Under section 5 of the Voting Rights Act, areas with a history of discrimination [ ] must submit any changes in voting patterns to the U.S. attorney general or a three-judge panel in Washington Right to challenge Section 2 which allows the Justice Department and regular people to challenge districting plans if the districts dilute the voting power of racial minorities.

67 Is this due to gerrymandering or other factors?

68 Potential impacts of gerrymandering Split tickets? Wisconsin has mostly republican representation but voted for a democratic president? Encourages polarization Ideologically safe districts? Suppress 3 rd party chances?

69 Redistricting Game Report to Computer Lab tomorrow B222 Use Internet Explorer NOT Google Chrome browser Try to complete as many levels as possible within the class period

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