The Federalist, No. 51

Transcription

1 The Legislative Branch Fall, 2015

2 In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against dangerous encroachments by still further precautions. As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified. The Federalist, No. 51

3 What is Congress? Three branches of government: executive, legislative, judicial Initiates and approves laws dealing with a variety of topics Bicameral legislature: made up of two houses House of Representatives: membership by population 435 members Senate: equal representation by state 100 members Term of Congress starts January 3rd in year after election The113th term just ended, the 114th Congress started in January

4 Representation in the House Representation in the house is by population 435 seats are divided across 50 states by population Seats are reapportioned every 10 years after the census California has 53 representatives Who are my representatives? Janice Hahn, 44th District Maxine Waters, 43rd District Ted Lieu (was Henry Waxman forever), 33rd District Alan Lowenthal, 47th District

5 How Do Districts Get Their Shape? District lines are drawn in a process called redistricting Sometimes the shapes are politically-motivated; this is called gerrymandering Former Massachusetts Governor Elbridge Gerry (elected 1810) divided districts for political gain

6 114th Congress: The House of Representatives The House currently has a Republican majority 246 Republicans, 188 Democrats, 1 vacancy (John Boehner resigned) 113th Congress: 234 Republicans, 201 Democrats (Republicans gained 12 seats)

7 Leaders in Congress Leaders in Congress (House and Senate) serve various purposes: 1. Organize, unify party members 2. Schedule Work 3. Make sure lawmakers are present for votes 4. Distribute, collect information 5. Keep House or Senate in touch with President 6. Influence lawmakers to adhere to party s policies

8 The House of Representatives: Leadership House leaders: speaker, majority leader, minority leader, whips, party caucus Speaker of the House Leader of the house, chosen by caucus (closed meeting) of majority party Responsibilities are administrative as well as institutional House Majority Leader Top assistant to the Speaker Helps to maintain party s legislative program Whip Assistant floor leader; ensures that majority-party members vote as party wishes

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10 Committees In Congress Most of the work of the Congress (both houses) is done in committees Helps divide work, consider bills and issues, hold public hearings Different kinds of committees: standing, select or special, joint, conference Standing committees are permanent groups that deal with issues Include Judiciary, Ways and Means, Energy and Commerce, Financial Services, Ethics Subcommittees share tasks within jurisdiction of parent committee Select or Special committees are temporary committees formed for a specific purpose, usually an investigation Joint Committees are made up of members of Senate and House Either temporary or permanent; generally act as study groups or perform housekeeping tasks

11 Committees in Congress, Part II: Leadership Conference committees are temporary committees set up to resolve differences between House and Senate versions of legislation Members come from House and Senate committees that proposed the bill Committee leadership usually goes to member of majority party with longest uninterrupted service on that committee This is called the seniority system Chairpeople of standing committees are among most powerful people in Congress Make decisions about work of committee, which bills they consider, when to hold hearings, manage floor debates Political parties assign members to standing committees

12 Committees in Congress, Part III: The House Rules Committee Rules Committee is the most powerful of the House committees Control what bills go to the House floor and the terms of debate Gives orders ( rules ) to move bills ahead, or to stop them Major bills go to the Rules Committee after a committee has considered and approved a bill Also settles disputes among other House committees Delays or blocks bills that representatives or House leaders do not want to come to the floor

13 Committees in Congress, Part IV: Effects of Membership What are the effects of committee membership? 1. Increase lawmaker s chances for reelection Congressmen can be assigned to committees that deal with issues from their home state 2. Influence national policymaking Foreign policy, the budget, education, the judiciary 3. Deal with matters concerning everyone in Congress House Rules Committee, taxation and appropriation committees

14 114th Congress: The Senate The Senate currently has a Republican majority 54 Republicans, 44 Democrats, 2 Independents (113th Congress: 53 Democrats, 45 Republicans, 2 Ind.) Republicans gained 9 seats 2 Independents who caucus with the Democrats: Bernie Sanders (VT), Angus King (ME)

15 The Senate: Leadership The Senate has no speaker The vice president presides over the Senate As a non-elected member, he/she may not participate in debates There is a president pro tempore who presides in the absence of the vice president The most important members are the majority and minority leaders These are party officials, elected by members of their party Ensure that party members attend sessions, support key bills Whips perform same role as in House

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19 The Senate: Committees Similar to House committees, but Senate has their own guidelines Each committee adopts its own rules Standing committees generally have legislative jurisdiction Committees consider measures to be enacted into law, and manage discussion on it Includes considering presidential nominees for executive agencies Can also hold hearings subpoena individuals and evidence Subcommittees handle specific areas of committee s work Select, joint committees handle oversight and housekeeping responsibilities

20 Rules in the Senate and the House Article I, Section 5: Each House may determine the Rules of its Proceedings House and Senate each print their rules every two years House rules generally aimed at defining actions an individual representative can take Senate rules allow all senators flexibility to express their ideas

21 How A Bill Becomes A Law: More Vocabulary Rider: a provision on a bill that is unrelated to the subject of the bill Usually added to a bill that is likely to pass Earmark: funds provided for by Congress that are allocated to a specific project or district, often benefitting a single member of Congress Pork-barrel legislation is generally the same; appropriations of funds intended to help a particular district Logrolling: trading of votes by legislators, done to earn support

22 How A Bill Becomes A Law: The Process 1. Legislation is introduced House: placed in hopper Senate: bill introduced during morning hour 1. Assigned a number (something like, H.R. 225 ) 2. Labeled with sponsor s name (original member who introduced bill) 3. Sent to Government Printing Office 2. Bill is taken up in committee 1.Discussion of bill s merit Hearings held, findings reported to full committee 3.Vote by full committee 1.Committee holds mark-up session; may reintroduce bill 4. Committee produces written report, bill is sent to whole chamber In the House, goes to the Rules Committee 1.Committee adopts rules under which bill may be discussed 2.There are ways to bypass the rules committee (like 2/3rds vote) 2.Chairman assigns to subcommittee

23 How A Bill Becomes A Law: The Process, Part II 5. Action is taken on the floor 1. Bill is placed on calendar House: bill is placed on calendar Speaker, majority leader determine what reaches the floor and when Senate: placed on legislative calendar 2. Debate on the bill House: debate limited by Rules Committee s rules 6. Vote on bill Senate: unlimited debate unless cloture is invoked (vote by 60 Senators to end debate) 1. If passed, sent to other chamber unless other chamber has a similar measure under consideration 2. If not passed, it dies :-( 3. If same bill is passed in both houses, then send to President 4. If different bill is passed, then it is sent to... quorum: call to make sure enough members are present for a vote (218)

24 How A Bill Becomes A Law: The Process, Part III (Conference Committee) 7. Conference Committee Members from each house form a committee to work out differences between bills 2. President does not sign it, and Congress is in session for 10 days 2. Does not become law if, during 10 days, Congress adjourns (pocket veto) If a compromise is reached, Committee writes a report 3. Does not become law if President vetoes Report must be approved by both houses 1. Sent back to chamber where it originated 8. The President 1. Becomes law if President signs it, or 2. Veto can be overriden by 2/3rds vote in both houses 9. BILL BECOMES LAW Assigned an official number

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26 Source: Pace Law Library, library.law.pace.edu

27 Source: University of California, Hastings College of the Law,

28 Staff and Support Lawmakers rely on staff to help them execute their responsibilities Congressional staff has grown since 1946 (Legislative Reorganization Act) Personal and Committee staff Personal staff work directly for senators Committee staff work for the House and Senate committees

29 Staff and Support: Personal Staff About one-third of personal staff works in home state Administrative Assistant (AA) Runs office, supervises schedule, advises on political matters Legislative Assistant (LA): makes sure lawmaker is well-informed about legislation Research: drafts and studies bills; also writes speeches and articles Assists lawmakers in committee meetings Follow work on floor of Congress Caseworkers: handle requests from people in lawmaker s district

30 Staff and Support: Committee Staff Committee staff handle committee-related tasks Responsible for the work in making laws Draft bills, study issues, collect information, plan hearings, etc Committee chairperson, senior minority party member are in charge of staff Larger committees have more staff

31 Staff and Support: Support Agencies Various agencies help Congress carry out its tasks Library of Congress (LOC) is the research library of Congress and the de facto national library of the United States Congressional Budget Office (CBO) coordinates budget-making work of Congress Studies budget proposals, makes cost projections Counterbalances OMB General Accounting Office (GAO) reviews the financial management of government programs Government Printing Office (GPO) does the printing for the entire federal government Print the Congressional Record, a daily record of all the bills, speeches, and testimony presented in Congress