WSU ESSAY #7. The idea of separate but a sharing of powers should be discussed.

Chapter 11 CONGRESS

WSU ESSAY #7 Congress Q: Identify the powers that Congress is granted to specifically check the executive branch from becoming too powerful. OR Explain the separation of three branches of government and how each can check the powers of the other branch with specific examples. The idea of separate but a sharing of powers should be discussed. Many presidential appointments require Senate approval; Senate can disapprove an appointment; examples, Cabinet and Federal Court appointments Constitution gives the Senate the power to advise and consent in regard to treaties made by the president. This can be withheld and a treaty will not be ratified Congress has the ability to conduct oversight of the bureaucracy and administrative agencies; this means it can conduct investigations to see how the executive is implementing what Congress has decided The House of Representatives has the power to impeach a president, and the Senate has the power to try the president on impeachment charges brought by the House The United States House of Representatives has the power of the purse. A president s request for an appropriation to support a particular program can be rejected and modified by Congress A veto can be overridden by both Houses of Congress, but it seldom occurs A power exercised by the president can be overturned by the Supreme Court: For example, President Harry Truman seized the steel mills to prevent a strike during the Korean War, and the Supreme Court struck down his decision. Congress has the power to declare war Exceeds expectations Student addresses 6-8 of these points Meet expectations student addresses 4-5 of these points Does NOT meet expectation student addresses fewer than 4 of these points 2

Chapter 11 Scenario 1 Page 351 What things did Congress do that made it difficult for President Obama to close Guantanamo Bay? Why did the Democratcontrolled Congress make it so difficult for him to deliver on his campaign promise of closing Gitmo? You should answer in 1-2 paragraphs. 4

The Origin and Powers of Congress The Great Compromise created two separate, powerful legislative chambers (bicameral) Equal representation in Senate Representation by population in House; House must initiate revenue-related legislation Identical bills must be passed by both chambers to become law 5

House of Representatives Senate 6

100 total 2 per state Term: 6 years Senators Pat Roberts Jerry Moran Continuous body: 1/3 are elected every two years Initially Senators selected by state legislatures 17 th Amendment (1913) changed that process to direct elections 7

House of Representatives 435 total Based on population of state Directly elected by people Term: 2 years; all seats up for election Census every 10 years leads to reapportionment and subsequent redistricting 1 Rep = about 700,000 people Mike Pompeo District 4 8

Duties of the House and Senate Many shared powers Declare war Raise army/navy Borrow money Coin money Regulate interstate trade Create federal courts See Article I, Section 8, Clause 1-17 (Page A-6) Establish rules for naturalization of immigrants Make all laws necessary and proper for carrying out foregoing powers. (See Article I, Section 8, Clause 18) 9

Duties of the House and Senate House alone responsible for revenue bills and impeachment charges Senate alone responsible for approving treaties, presidential appointments, and trials on the articles of impeachment passed by the House Only 2 Presidents have been impeached, A. Johnson (1868) and B. Clinton (1998). Nixon resigned before the full House could vote on his impeachment. 10

Electing Congress Congressional elections give voters a chance to show approval or disapproval of Congress s performance Incumbents usually re-elected despite the fact polls show public dissatisfaction with Congress s actions Some think it s overly influenced by interest groups 11

Incumbent Reelection Stats In majority of elections since 1950: More than 90% incumbents won 2010 elections unusual 54 House incumbents defeated First time since 1974 reelection of House incumbents fell below 90% 85% House, 84% Senate 2012 elections 91% reelection rate 12

Figure 11.1 Pg. 354 Incumbents: Life is Good Despite public s dissatisfaction with Congress, incumbents win reelection at an exceptional rate. House fares better than Senate. Voters believe their own representatives and senators aren t to blame. 13

Figure 11.2 Pg. 355 We Love Our Incumbents, But Congress Itself Stinks Public approval of Congress. Approval has decreased even more in recent years. As of 1/11/13: 14% approve of Congress; 81% disapprove. 14

Redistricting After each census, states must re-draw House districts Changing district lines for partisan advantage is gerrymandering Computer programs make gerrymandering easy to do Some argue that gerrymandering increases partisan polarization 15

History of the term Gerrymander Governor Elbridge Gerry of Massachusetts 1812- drew districts in favor of Democratic-Republicans Painter Gilbert Stuart added head, wings, claws That will do for a salamander Better say Gerrymander, growled editor 16

Gerrymandering Activity Scenario 2 1 2 3 A sample population distribution with each symbol representing a voting group (political party stronghold) in a generic state. Your job is to draw district lines of equal proportions (on the 3 samples above) in three different ways: 1. A fair/equitable distribution 2. Majority gerrymandering to ensure complete electoral dominance 3. Gerrymandering designed to ensure over-representation for the smaller party Work with partner 17

Gerrymandering designed to ensure over-representation for the smaller party. Sample population distribution. Each symbol represents a voter in a generic state A fair distribution Majority gerrymandering to ensure complete electoral dominance. Gerrymandering Examples

Kansas Redistricting 2000 & 2010 19

Kansas Redistricting 2012 Proposals From 2000 census 20

Reapportionment 21

Name Recognition Incumbency has advantages Name recognition - press coverage of activities & speeches Franking privileges send mail free Twitter accounts about 1/3 of Reps have it Casework helping constituents (tracking down S.S. check, helping someone find appropriate federal agency, etc.) - grateful Campaign contributions (see next slide) 22

Campaign Financing Challengers must spend large sums of money to run campaigns Difficult to raise money Higher-quality challengers more likely to win, especially against vulnerable incumbents In 2008, incumbents raised 61 percent of all contributions to House and Senate Races Challengers received only 23 percent PACs prefer incumbents risky to give $ to long-shot challenger and offend incumbent 23

How much do you think the richest lawmaker in Congress made in 2011? 24

Whom Do We Elect? Those elected not a cross-section of American society Most are upper-class professionals Lawyers/business Around 44 percent are millionaires (about 1% of Americans are) Women & minorities underrepresented Only 8 blacks in history of Senate 20 women currently serve in Senate (only 39 in the history of Senate). 13 appointed, 7 followed dead husband Darrell Issa (R-CA) 2 nd richest lawmaker in 2011 worth approx $480 million? http://www.opensec rets.org/pfds/overvi ew.php http://www.rollcall.com/50richest/the-50-richest-members-ofcongress-112th.html

Compared with What? Women in Legislatures pg. 359 European countries have a higher percentage of women in the lower house of legislature than countries from the Americas. 26

Descriptive Representation Read page 358 Some believe descriptive representation is lacking Voting Rights Act amendments in 1982 designed to encourage the drawing of minority districts Supreme Court ruling in Thornburg v. Gingles (1986) also pushed states to concentrate minorities in House districts to ensure better representation Ch. 11 Scenario 3 pg. 358: Do you think only members of someone s group can truly represent the interests of that population? Explain in a paragraph. 27

Figure 11.3 pg. 360 Minorities in Congress African Americans make up less than 10% of total membership of the House/Senate. Hispanics make up about 5%. Representation of both groups is well below their proportions in the population at large (Hispanics 14% and African Americans 13% of total population) 28

Minorities in Congress Efforts to draw districts favorable to minorities being elected benefited African Americans, but not Hispanics Don t tend to live in concentrated areas 37% adult Hispanics can t vote; not citizens Supreme Court s ruling in Shaw v. Reno (1993) indicated racial gerrymandering might violate rights of whites Later rulings said race must not be dominant and controlling factor in drawing district boundaries 29

Ch. 11 Scenario 4 Write down 3 issues in the past year that Congress has tried put on their agenda to fix. This could be problems that are constant 30

How Issues Get on the Congressional Agenda Formal legislative process starts with introducing a bill in the House or Senate Problem or issue must be identified first Many major issues constant (S.S., debt, etc.); others appear suddenly (cyberbullying) Technology changes and/or highly visible events (9/11 airports, Newtown - guns) focus national attention on an issue Presidential or congressional support moves issues and related bills more rapidly Enhances image to sponsor a bill 31

The Dance of Legislation: An Overview Process of bill-writing and passage follows specific steps (see Figure 11.4 on next slide) Process in House and Senate similar, but House requires bills to go to Rules Committee before going to the floor Complexity comes with the many ways a bill can be treated at each step 32

Figure 11.4 Pg. 363 The Legislative Process The process by which a bill becomes a law is subject to much variation. This diagram depicts the typical process a bill might follow. A bill can fail at any stage because of lack of support. 33

Options When a bill sent to President, 4 options: 1. Sign 2. Veto 3. 10 Day Rule (automatically becomes law) 4. Pocket Veto (last 10 days) 34

Bill Process is Slow Bills amended again and again Often fruitless Pluralist 35

http://www.youtube. com/watch?v=tyej5 5o3El0 I m Just a Bill 36

Congress at Work President Woodrow Wilson once observed that Congress in session is Congress on public exhibition, whilst Congress in its committee rooms is Congress at work. A speech on the Senate floor may influence average citizens, but less likely to influence other Senators. 37

Committees: The Workhorses of Congress Real work of Congressional policymaking happens in committees, which address specific policy areas Standing committees and their related subcommittees permanent, specializes 16-20 Sen, 42 House. Majority party controls committees Joint committees both House & Senate. Weaker fact finding http://en.wikipe dia.org/wiki/un ited_states_co ngressional_co mmittee Select committees temporary, special issues Conference committees temporary, work out differences on legislation 38

Congressional Expertise and Scrutiny Influence in Congress increases with expertise and seniority Senior member of majority party usually committee chair Republican leadership policy limits committee and subcommittee chairs to six-year terms Democrats largely use seniority system Dave Camp (R MI) Chairman House Committee on Ways and Means (taxes, S.S., Medicare) 39

Committee Action First step in drafting legislation is information gathering Research by committee staff Public hearings by committees or subcommittees Actual debate and amendments on bills in committee happens during markup sessions Committee chairs need to build coalitions 40

Oversight: Following Through on Legislation Once a bill becomes law, it is administered by a federal agency Congress has power of oversight to ensure bills enacted as intended However, magnitude of executive branch makes oversight difficult 41

Types of oversight: Hearings Oversight Ex: why govt failed after Hurricane Katrina Reports Ex: treatment of terror suspects Informal Contact between committee leaders and agency administrators Most oversight wants to improve, not discredit 42

Majoritarian and Pluralist Views of Committees Government by committee vests great power in committees, subcommittees, and their leaders In some ways, this enhances pluralism, since these people are elected Majoritarian aspect of committees comes through debates and compromises on bills necessary to get a bill passed 43

Leaders and Followers in Congress Party leaders in each house work to maximize influence of their party and ensure smooth and efficient functions Operation of each chamber based on rules and norms developed over the years 44

The Leadership Task in the House Majority party leadership : Speaker of the House chairs sessions Majority leader helps Speaker guide party through legislative process Majority whip tracks vote count; rallies support for legislation ( whip up votes) Minority party leadership: Minority leader Minority whip Both parties have committees for fundraising, strategy development, and logistics assistance http://www.house.gov/leadership/ 45

The Leadership Task in the Senate Vice President President of Senate (Constitutionally) President Pro Tempore usually serves Honorary most senior member majority party Majority Leader Has real power in the Senate Both majority & minority leader play critical role in getting bills through congress through bargaining and negotiations http://www.senate.gov/pagelayout/senators/a_three_sections_with_teasers/leadership.htm 46

Party leaders can be aggressive about enforcing party discipline Health care reform 2009 Max Baucus 47

The Johnson Treatment Pg. 371 When Lyndon B. Johnson was Senate Majority leader in the 1950s, he was well known for his style of interaction with other members. In this set of photos, he applies the Johnson Treatment to Senator Thodore Green (D-RI). The following is a description: Its tone could be supplication, accusation, exuberance, threat. It was all of these together it was breathtaking Interjections from the target were rare from his pockets poured clippings, memos, statistics. Mimicry, humor, and the genius of analogy made The Treatment an almost hypnotic experience and 48 rendered the target stunned and helpless.

Rules of Procedure Rules not always the same in House and Senate Bill consideration in Senate requires 60 senators to vote for unanimous consent agreement One Senate rule allows filibusters, which can be limited by a vote for cloture (3/5 60 votes) Threatening a filibuster common House amendments must be germane/relevant; Senate s do not House bills must go to House Rules Committee before floor debate 49

Filibuster Facts/Records 1947 Glen Taylor (D-ID) 8.5 hours on fishing, baptism, Wall Street, and children 1957 Strom Thurmond (R-SC) 24 hours, 18 minutes against Civil Rights Act of 1957 50

Norms of Behavior Some norms are set rules; others are unwritten Two most important norms: Show respect to colleagues, even bitter opponents ( my good friend, my distinguished colleague, senior senator ) Be willing to bargain with one another 51

The Legislative Environment Decisions about Congress votes affected by: political parties president constituents interest groups Political parties and the president majoritarian influences on policymaking Constituents and interest groups are pluralist influences on policymaking 52

Political Parties Parties strong force in legislative process by controlling: Committee appointments (Tim Huelskamp) Consideration of a legislator s bills or amendments Appointments to leadership positions Parties also showcase differences in ideologies 53

The President Presidents tend to act as though they are speaking for the majority Public expectations for the presidency grew in the 20 th century White House openly involved in crafting legislation However, Congress still in charge of legislation 54

Constituents The people in a legislator s district or state crucial to decision-making process Legislators must consider what voters want Constituent influence contributes to pluralism because of the geographic basis of representation 55

Interest groups prime Interest Groups example of pluralist politics Legislators pay attention to interest groups because they represent voters Lobbyists also provide key information and contributions Access is the first step towards influence 56

The Dilemma of Representation What a legislator s constituents want not always what majority in nation want After working in Washington all week, legislators fly home to meet with constituents Average of 35 trips back to district Average of 138 days back in district 57

Constituents Strike Back During summer 2009 recess, members of Congress (Arlen Specter D-PA pictured here) traveled home to districts to attend angry constituents at town hall meetings about health-care reform plans. The intensity proved influential as Senator Chuck Grassley (R-Iowa) said the meetings caused him to temper support for the reforms. I ve got to listen to my people, he said. 58

Trustees or Delegates? Must members of Congress vote the way their district prefers, even if it goes against their conscience or national interests? Trustees vote their conscience Delegates vote their district or state Opinions of constituents not always clear More often vote as delegate on important issues 59

Ch. 11 Scenario 5 Do you prefer your Congressman to vote as a trustee or delegate? Explain in a paragraph. 60

Constitutional Qualifications House of Representatives: 25 years old U.S. citizen for 7 years Resident of state Senate: 30 years old U.S. citizen for 9 years Resident of the state 61

x Pluralism, Majoritarianism, and Democracy Voting as delegates supports pluralistic policymaking Majoritarian policymaking relies on involvement of political parties Voting as a trustee not necessarily majoritarian 62

xparliamentary Governmentx In parliamentary system, chief executive is leader of party with a majority In Great Britain, voters only vote for their member of Parliament Voters influence policymaking by their party choice With multiple parties, sometimes must form ruling coalition 63

xparliamentary Governmentx In this system, government power highly concentrated in legislature No separation of governmental power Usually have only one house, or a very weak second house Usually no court that can invalidate acts of parliament A very majoritarian form of government 64

Politics of Global Change: Creating a Legislature New Iraqi government based on proportional representation Each province has a multimember district Government is federal and has a unicameral legislature Representatives vote for presidential council, prime minister, and cabinet Disputes mean Iraqi parliament a work in progress 65

Pluralism Versus Majoritarianism in Congress U.S. Congress criticized for being too pluralist Despite public concern about deficit, legislators put earmarks in appropriations bills Democrats recently reformed earmark process for greater transparency Growing partisanship means greater majoritarianism So, modern Congress characterized by both pluralism and majoritarianism 66