Chapter 4: The Legislative Branch United States Government Fall, 2017
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
Congress: The Job What exactly is the job of Congress? Two main roles: legislators, representatives of their constituents Minor roles: committee members, servants of constituents, politicians How exactly do they represent the people? Delegate vs. trustee: delegates vote as their district wishes, trustees vote in the best interests of the nation Also partisans who vote as the party wishes, and politicos who combine all roles Members of Congress are usually not representative of the American population Congress is mostly white, mostly male, mostly around 60 years old
Terms and Sessions of Congress Each term of Congress is two years This is currently the 115th term of Congress Congress is in session during most of the year but occasionally is in recess Members earn $174,000 per year plus benefits Franking privilege allows members to mail letters without paying postage
The House of Representatives 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 (reapportionment) California has 53 representatives Who are my representatives? Nanette Barragán, 44th District Maxine Waters, 43rd District Ted Lieu (was Henry Waxman forever), 33rd District Alan Lowenthal, 47th District
The House of Representatives, Part II: Gerrymandering The permanent size of the House is 435 members Each seat represents roughly 700,000 people; each seat is a single-member district Congressional districts in some states are gerrymandered Gerrymandering: the drawing of Congressional districts to give a political party an advantage The Supreme Court is currently hearing Gill v. Whitford regarding gerrymandering in District lines are drawn by the state legislature
Qualifications for the House and Senate Formal qualifications for the House: at least 25, US citizen for seven years, inhabitant of the state Informally, also a resident of their district The House can also judge qualifications of members-elect Effectively, this means the House can refuse to seat members Formal qualifications for the Senate: at least 30, US citizen for nine years, inhabitant of the state The Senate can also judge qualifications of members-elect, and can refuse to seat members Who are the House and Senate struggling with now, in terms of discipline and expulsion?
Congress at Work: Organization and Committees How is Congress structured? The Senate is a continuous body; the House is not At the beginning of each term, the House has to adopt rules The president delivers the State of the Union message in January Reports to a joint session of Congress on domestic and foreign policy issues This is usually the attempt to influence legislation
Congress at Work, Part II: Presiding Officers Who are the leaders in the House and Senate? The Speaker of the House is the leader of the House This is the most important and powerful leadership position in Congress Speaker is leader of House and leader of majority party in the House Chairs House sessions, interprets rules, refers bills to committees, makes procedural rulings, recognizes members, names select and conference committee members Rarely engages in debate Who is the current speaker? Paul Ryan (Wisconsin, 1st Congressional District) The Senate leader is the Vice President, who is President of the Senate Only votes in the case of a tie; president pro tempore is the leader in his/her absence President pro tem does not have the leadership powers of the speaker, so the real leader is the Senate Majority leader
Congress at Work, Part III: More Presiding Officers Congress is a largely political body, so many of its leadership positions are organized along party lines Just before Congress convenes, each party meets (party caucus) and selects its leaders and committee members Floor leaders are party officers who assist the leaders House and Senate: majority leader and minority leader control their party s legislative platform Whips are assistant floor leaders and serve as a link between leaders and rank-and-file members
Congressional Powers While there are many things that Congress cannot do, it has three broad types of powers: expressed, implied, and inherent powers Expressed powers are found in Article I, Section 8 Implied powers are deduced from expressed powers Inherent powers generally belong to all sovereign nations Congress commerce power allows it to regulate interstate and foreign trade Emerged from Gibbons v. Ogden, expanded in Heart of Atlanta Motel v. US Limits on the power do exist: United States v. Lopez Congress also has the money power, tax, spend, borrow, print money, and rule on bankruptcy Congress may tax (like income tax) but may not tax exports Congress also borrows money as it often operates at a deficit There is no limit to Congress borrowing in the Constitution, but legally there is a debt limit Congress also has the power to declare war, but the War Powers Resolution opens the door to presidential action
Congressional Powers, Part II: Implied and Nonlegislative Powers Congress also has many powers that are not specifically listed The necessary and proper clause gives Congress implied powers The power to regulate commerce is defined broadly Congress has the power to investigate any matter in its lawmaking authority Examples: attack in Benghazi, Libya, and Russian interference in 2016 election The Senate has the power to confirm executive appointments and ratify treaties (by a 2/3rd vote) Congress also has the power of impeachment House votes to impeach, Senate holds the trial
Committees In Congress Most of the work of the Congress (both houses) is done in committees, which help to 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
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
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
How A Bill Becomes A Law: Some Vocabulary There are four types of legislation: Bills may be... Private bills deal with individual people or places Public bills deal with general matters that apply to the entire nation Joint resolutions are actually not that different from a bill Generally used for continuing or emergency appropriations, also used for proposing Amendments to Constitution Concurrent resolutions are generally used to make and amend rules that apply to both houses Must be passed in same form by both houses; also used for annual congressional budget resolution Simple resolutions usually cover matters pertaining to one house; do not require president s signature
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
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
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)
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... 1. President signs it, or 2. Veto can be overriden by 2/3rds vote in both houses 9. BILL BECOMES LAW Assigned an official number
How A Bill Becomes A Law: Schoolhouse Rock
What Schoolhouse Rock Missed: Vox
How To Write A Bill Project 1. Identify a problem, or a subject for your bill Cigarettes, alcohol... Think about Congress responsibilities: Reforming something The military Immigration... Taxes 2. Write your bill Energy Samples will be online The Environment 3. Your bill must benefit your district Transportation Maybe include some pork barrel? Appropriations (spending money) 4. Must reflect your ideology Housing Banning something 5. DOES NOT HAVE TO BE relevant to your particular committee
How To Write A Bill Project, Part II: The Sections of Your Bill First: Give Your Bill A Title Section 4: Special Provisions Section 1: Define Important Terms (This is where you insert your pork) These will be key terms that you use in your bill Section 2: Explain the purpose of your bill Why is this bill necessary? Section 3: Describe the provisions of your bill What exactly will your bill entail? What exactly will it do? Section 5: Penalty Clause Explain what happens if your bill is violated Section 6: Appropriations Clause Explain how the bill will be paid for Section 7: Enactment Clause When exactly will the bill become effective? What is the schedule Section 8: Safety Clause
Exit Slip Describe two ways that the majority party can influence the flow of legislation in Congress
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
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
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
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
Charlie Wilson s War
Legally Blonde 2: Red, White & Blonde