The Legislative Branch: The United States of America in Congress Assembled
Basic Structure Bicameral Legislature House: Terms and qualifications Reapportionment, Redistricting Senate Election of Senators Powers: Enumerated Implied Legislative function
A Comparison of the Houses of Congress House Constitutional Differences Impeachment Revenue Bills Differences in Operation Committee on Rules More centralized, specialized and impersonal Emphasizes tax and revenue policy Changes in the Institution Power centralized around Speaker s inner circle, procedures more efficient Senate Constitutional Differences Tries impeachment cases Gives advice and consent Ex. nominations Approves treaties Differences in Operation Less formal, more equality of members Filibuster, cloture Emphasizes foreign policy Changes in the Institution Increased workload and formality, fewer filibusters More difficult to pass legislation
Organization of the House Speaker of the House Only officer mentioned in the Constitution Elected by the entire House, but really selected by the majority 3 rd in line for the Presidency Formal powers experienced a rebirth under Newt Gingrich Other majority and minority leadership positions selected by party caucuses
Organization of the Senate Neither V-P or Pres. Pro Tempore preside; usually a junior member Gentleman s Club has become less courteous, controllable and predictable with debate both on and off the floor
Committee System Most of the work is done in committees, which are a part of the unwritten Constitution Standing proposed bills are referred there Sub-committees do most of the lawmaking work and investigation Joint include members of both houses Conference members of both houses meet to iron out differences on specific pieces of legislation Select temporary committee; conducts special investigations
Committee Structure and Membership www.house.gov and www.senate.gov Committee Chairs Come from the majority party. The Ranking Member of the minority party usually becomes the Chair in case of a change in party holding the majority Schedule meetings, set the agenda, kill bills, get more attention from lobbyists In the Senate, they are determined by seniority, but no longer in the House Members seek committee assignments that reflect interest, expertise, and opportunity to add to their political capital Earmarks and the opportunity to shape legislation that impacts influential constituents Pork legislation that allows members to bring money and jobs into their districts in the form of programs Earmarks monies that an appropriations bill designates for specific projects within a members district or state Issue networks (iron triangles) are created when members of committees and committee staffers interact with bureaucrats and lobbyists/interest groups to discuss and shape policy
Members of Congress Incumbency advantages Ex. p 257 Professionalization and rat race Demographics Theories of representation Trustee Delegate Politico
Members make decisions by considering views and influence of: Party position whips enforce party cohesion Constituents people who live and vote in the home state Colleagues and caucuses Logrolling Interest Groups, Lobbyists, PACs Staff and support agencies GAO CRS CBO
Congress and the President Shifting balance of power: increase of executive power at the expense of legislative Congressional oversight Congressional investigation of programs or officials Congressional Review process used by Congress to nullify (bureaucratic) agency regulations Foreign Policy and National Security War Powers Act Oversight National Security measures (i.e. warrantless wiretapping) Confirmation of Presidential Appointments Impeachment House Judiciary Committee leads investigation in House before Impeachment is voted on Trial is conducted in the Senate
Congress and the Judiciary Congress must be mindful of judicial review Courts are set up/structured by Congress Senatorial courtesy allows Senators from a state a voice in the selection of Federal Judges Impeachment