Chapter 12: Congress American Democracy Now, 4/e
Congress Where Do You Stand? How would you rate the overall performance of Congress today? a. Favorably b. Unfavorably c. Neither favorably nor unfavorably Source: Democratic Party s Favorables Rise, Congress Still Unpopular, http://people-press.org/reports/display.php3?reportid=426.
The Origins of Congress In structuring the Congress, the framers strove to create a legislative branch that was at once powerful enough to govern and to check the power of the president, and yet not so powerful that the legislature itself would exercise tyrannical rule. The Constitution created a bicameral, or two-house, legislature in which one house, the House of Representatives, would be based on population, and the other chamber, the Senate, would be based on state representation.
The Origins of Congress The House of Representatives, with the smallest constituencies of any federal office (currently about 711,000 people reside in each congressional district), is the chamber closer to the people. The framers conceived the Senate to be a more elite, more deliberative institution, one not subject to the whims of mass politics like its lower-house counterpart.
Congressional Elections House members, as public servants in the legislative body that the framers conceived as closer to the people, are elected every two years, in even-numbered years. But the framers also sought to check the power of the people, who they believed could be irrational and unruly, and so members of the Senate originally were chosen by state legislators. Ratification of the Seventeenth Amendment Constitution in 1913 shifted the election of senators to popular election within the states. Senators serve six-year terms, which are staggered so that one-third of the Senate is elected every two years.
Incumbency In any election year, about 90 percent of incumbent members of the House of Representatives running for reelection win, and about 91 percent of their Senate counterparts do.
Incumbency Why do incumbents so often win reelection? 1. Stronger name recognition 2. Easier access to media coverage 3. Redistricting that favors the incumbent party 4. Campaign contributions 5. Casework 6. Franking
Reapportionment and Redistricting Reapportionment is the reallocation of seats in the House of Representatives on the basis of changes in a state s population since the last census. Redistricting, the redrawing of congressional district boundaries within a state, is based on the reapportionment from the census. The redrawing of congressional boundaries for the purpose of political advantage is a form of gerrymandering, the practice of drawing legislative district boundaries to benefit an incumbent, a political party, or some other group.
Reapportionment and Redistricting A majority-minority district is composed of a majority of a given minority community say, African Americans and the creators intent is to make it likely that a member of that minority will be elected to Congress. The Supreme Court has ruled that such racial gerrymandering is legal unless the state legislature redrawing the district lines creates majority-minority districts at the expense of other redistricting concerns.
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Powers of Congress The primary source of congressional authority is the U.S. Constitution. The Constitution enumerates to Congress a number of different powers. The necessary and proper or elastic clause In addition to the Constitution, Congress derives power from Supreme Court decisions, the media, and the people.
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Functions of Congress The Constitution is far more explicit in defining the responsibilities of the national legislature than it is in describing the function of the other branches of the government. In its shaping of congressional functions, the Constitution s concerns with limited government, checks and balances, the separation of powers, and the creation of a federal system are all readily apparent.
Representation Comes in Many Forms Representation traditionally involves a House or Senate member s articulating and voting for the position that best represents the views of his or her constituents. But sometimes a member of Congress may speak for other constituencies as well. Often, Congress s policy-making function is at odds with its representation function.
Models of Representation According to the trustee model of representation, a member of the House or the Senate follows his or her own conscience when deciding issue positions and determining how to vote. Another model of representation is the instructed delegate model, the idea that a legislator, as a representative of his or her constituents, should vote in keeping with the constituents views, even if those views contradict the legislator s personal views. Most analyses of representation indicate that legislators are likely to combine the approaches.
Pork Barrel and Earmarks Members of Congress also represent their constituencies through pork barrel politics. Pork barrel (also called simply pork) refers to legislators appropriations of funds for special projects located within their congressional districts. Members of Congress also use earmarks as a means of representing constituent interests: a designation within a spending bill that provides for a specific expenditure.
Casework A special form of representation called casework refers to providing representation in the form of personal aid to a constituent or a group of constituents, typically by getting the government to do something the constituent wants done. In doing so, they serve in the capacity of an ombudsperson.
Policy Making: A Central Responsibility The policy making function is the central responsibility that the Congress carries out, and nearly all its other functions are related to its policy-making role.
Oversight: A Check on the Executive Branch Oversight is the process by which Congress checks the executive branch to ensure that the laws Congress passes are being administered in keeping with legislators intentions. In carrying out their oversight function, members of Congress use a variety of tools, including: 1. Congressional hearings 2. Confirmation hearings 3. Investigations 4. Appropriations
Agenda Setting and Civic Engagement Congress engages continuously in agenda setting: determining which public policy issues the federal legislature should consider. In setting the national agenda, Congress serves as a key agent in molding the scope of civic engagement and discourse, as people learn about, discuss, and form positions about issues. Frequently, agenda setting is itself influenced by public discourse.
Managing Societal Conflict Congress also has a significant influence in managing the societal conflict inherent in a divided society such as the United States.
The House and the Senate Compared The Constitution empowers the House of Representatives, as the legislative body closer to the people, with initiating any bills that result in taxes; whereas it empowers the Senate, as the more deliberative house, to give the president advice and consent on appointments and the ratification of treaties. The electoral and legislative structures are also sources of differences between the two houses.
The House and the Senate Compared The differing length of representatives and senators terms of service affects how members of each chamber of Congress relate to their constituents. Although the House and the Senate differ in their constitutionally determined duties, both must pass any piece of legislation before it can become law. The larger size of the House of Representatives, with its 435 members, necessitates a more formal legislative structure to prevent unruliness.
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The Legislative Process Five steps to a bill becoming law 1. Introduction 2. Committee review 3. House and Senate approval 4. Conference committee reconciliation 5. Presidential approval
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Introducing a Bill In the House of Representatives, a member of a legislator s staff drafts the proposed legislation, and the House member puts the bill into the hopper. In the Senate the process is less formal.
The Bill in Committee Most bills that are introduced die in committee. The parties in each chamber decide members committee and subcommittee assignments. Committee chairs are often chosen using the seniority system. Standing committees are permanent committees with a defined legislative jurisdiction.
The Bill in Committee Select committees are specially created to consider a specific policy issue or to address a particular concern. Joint committees are bicameral committees composed of members of both chambers of Congress. In addition to the congressional committees, the House has more than 90 subcommittees, and the Senate has 68.
The Bill in Committee When a committee or a subcommittee favors a measure, it usually takes four actions: 1. Agency Review 2. Hearings 3. Markup 4. Report In the House of Representatives, a special measure known as a discharge petition is used to extract a bill from a committee to have it considered by the entire House.
Debate on the House and Senate Floor If a House bill is discharged, or makes it out of committee, it then goes to the Rules Committee, one of the most important committees in the House, which decides on the length of debate and the scope of amendments that will be allowed on a bill. The Senate s small size allows members to agree to the terms of debate through unanimous consent agreements. If the Senate does not reach unanimous consent, the possibility of a filibuster arises a procedural move that attempts to halt passage of the bill.
Debate on the House and Senate Floor A filibuster can end by a vote of cloture, in which a supermajority of 60 senators agrees to invoke cloture and end debate. If both the House and the Senate pass bills on the same topic but with differences between the bills, the bills are then sent to a conference committee, a bicameral, bipartisan committee composed of legislators whose job is to reconcile the two versions of the bill. After the committee develops a compromise version of the bill, the bill then goes back to both chambers for another vote.
Presidential Action When both the House and the Senate manage to pass a bill in identical form, it proceeds to the president, who may take one of three actions.
Presidential Action 1. President may sign the bill, and the bill becomes a law. 2. The president may do nothing. If the President does nothing and Congress is in session, the bill becomes law after 10 days without the president s signature. If, however, the Congress has adjourned the president may exercise a pocket veto and the bill dies. 3. The president may exercise the power of a veto. Congress can vote to override the veto with a twothirds vote in both houses. But overriding a presidential veto is rare.
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Congress Where Do You Stand? Looking ahead to the next twelve months, how would you describe the likelihood that Congress will legislatively address the country s most urgent problems? a. Very likely b. Somewhat likely c. Not very likely d. Not likely at all e. Not sure Source: Toplines: Supreme Court/Congress, www.rasmussenreports.com/public_content/politics/election_20082/pt_survey_topline s/may_2008/toplines_supreme_court_congress_may_14_15_2008.
Congressional Leadership In earlier eras, forceful leaders rose to the position of majority leader in both houses and strongly influenced congressional priorities and legislation. But as political parties have come to play a less important role in the election of members of the House and the Senate, allegiance to party leaders in these institutions has dwindled. Despite the evolution in the role of congressional leader, partisanship remains a strong aspect of congressional politics, particularly since 1994.
Leadership in the House of Representatives It is really the members of the majority party who select their Speaker of the House. The Speaker serves as the presiding officer and manager of the House. The Speaker is also the leader of his or her party in the House.
Leadership in the House of Representatives The Speaker relies on the House majority leader to help develop and implement the majority party s legislative strategy, work with the minority party leadership, and encourage unity among majority party legislators. The Speaker and the House majority leader are assisted by the majority whip, who acts as a go-between with the leadership and the party members in the House.
Leadership in the House of Representatives The minority party in the House also elects leaders, the House minority leader and the minority whip, whose jobs mirror those of their majority party colleagues, but without the power that comes from holding a majority in the House.
Leadership in the Senate The vice president of the United States serves as the president of that body, according to the Constitution. The majority party in the Senate elects a Senate leader called the president pro tempore. The real power in the U.S. Senate is held and wielded by the Senate majority leader, whose job is to manage the legislative process so that favored bills are passed; to schedule debate on legislation in consultation with his or her counterpart in the minority party, the Senate minority leader; and to act as the spokesperson for the majority party in the Senate.
Congress Where Do You Stand? What issue is of more concern to you today, and is one that the members of Congress urgently need to address the economy or national security? a. The economy issues such as jobs and economic growth b. National security issues such as the Iraq war and the war on terror c. Other issues Source: Economy Tops National Security as New Voter Concern, www.rasmussenreports.com/public_content/politics/election_20082/2008_president ial_election/economy_tops_national_security_as_new_voter_concern.
Decision Making in Congress: The Legislative Context 1. Political Parties and Partisanship in Decision Making 2. Colleagues and Staff: Trading Votes and Information 3. Interest Groups: Influence Through Organization 4. The President s Effect on Decision Making 5. Constituents: The Last Word
Political Parties and Partisanship in Decision Making The partisan breakdown of Congress is important because most major legislative votes cast are party votes, meaning that most members of one political party vote one way, and most members of the other party vote the other way. Partisan voting increased after the Watergate scandal in the 1970s and rose again after the 1994 congressional elections, in which Republicans took control of Congress.
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Party Representation in the House of Representatives, 2015
Colleagues and Staff: Trading Votes and Information Congressional colleagues provide cues for members of the House and the Senate in their decision making over whether to vote for a pending piece of legislation. Members of Congress also engage in logrolling, the practice of trading votes between members. In addition, House and Senate members rely on their staffs to inform their decision making on legislation.
Interest Groups: Influence Through Organization Interest groups make their mark by influencing congressional campaigns, by providing information to members of Congress as they try to decide whether to vote for a particular piece of legislation, and by lobbying members of Congress to support or oppose legislation.
The President s Effect on Decision Making The president determines whether to sign or to veto legislation that reaches his desk. But often, before a bill reaches the signing stage, the president s position on it carries enough influence to sway members of Congress, particularly members of his political party, to vote for or against the proposed legislation.
Constituents: The Last Word Most members of Congress want to be reelected, and representing constituents views (and being able to convince voters that their views are represented well) is a major avenue to reelection to Congress. Constituents influence the legislative process by ensuring that their representatives in Congress work hard to represent their perspectives and policy interests.
The People and Their Representatives Although members of Congress may make it a priority to represent the viewpoints and interests of their constituents, demographically speaking, they do not represent the American public at large. Congress, especially the Senate, is older, whiter, more educated, and more likely to be male than the population as a whole. Yet Congress is more diverse today than at any other point in history.
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