c hapter 6: l earning o bjectives article i and the creation of congress assess the role of the...

CHAPTER 6: LEARNING CHAPTER 6: LEARNING OBJECTIVESOBJECTIVES

Article I and the Creation of Congress

Assess the role of the U.S. Congress as the legislative branch of government, and how that role has evolved over time

Copyright © 2012 Cengage Learning


The Structure and Organization of Congress Understand the structure and powers of

Congress as defined by Article I of the Constitution

Appreciate the role that political parties play in the leadership of Congress

Identify key leadership positions and their functions in Congress

Explain reapportionment and redistricting



The Committee SystemCompare and contrast the different

types of committees found in CongressHow a Bill Becomes a Law Describe the various steps necessary

for a bill to become a law



Oversight and Personnel Functions of Congress Explain why Congress often delegates its

lawmaking authority to regulatory agencies

Learn the role of the Senate in confirming Presidential appointments

Describe the congressional procedures for impeachment and removal of executive and judicial officers



Constituent Service: Helping People Back Home

Assess the “casework” functions of members of Congress in – Assisting constituents

Educating them on policy issues, and

Performing other services on their behalf



HISTORICAL/CORBIS

AP PHOTO/TOBY TALBOT

THE U.S. SENATE PLAYS THE ROLE OF THE U.S. SENATE PLAYS THE ROLE OF DISLOYAL OPPOSITION: NOW & THENDISLOYAL OPPOSITION: NOW & THEN

NOW … President George W. Bush arrived in office with both houses of Congress under Republican control

Changed when Senator Jim Jeffords (R-VT) left the party—control shifted

Immediately diminished Bush’s plans to secure appointments of multiple ideologically conservative federal judges


THEN… WOODROW WILSONTHEN… WOODROW WILSON

President Wilson worked to incorporate a proposed league of nations (precursor to the United Nations) into the Treaty of Versailles that ended WWI

But Wilson, a Democrat, wasn’t willing to seek advice from the Senate, especially after control of both houses of Congress went to the Republicans


THEN… WOODROW WILSONTHEN… WOODROW WILSON

Senate Majority Leader, Senator Henry Cabot Lodge and his Republican colleagues feared this would tie the hands of future Congresses over whether to enter international conflicts

The treaty would win approval only if Wilson accepted the “reservations”—a path that he refused to take


THE U.S. SENATE PLAYS THE ROLE OF THE U.S. SENATE PLAYS THE ROLE OF DISLOYAL OPPOSITION: NOW & THENDISLOYAL OPPOSITION: NOW & THEN

Lower court judicial nominations and international peace treaties were two very different issues at different times

But Senate resistance in opposing the president proved remarkably similar

Powerful Senators dug in, and used Senate procedures to their own benefit to frustrate the chief executive



Senator Carl Levin (D-MI) grills executives from Goldman-Sachs during an April 2010 committee investigation of the firm’s investment practices prior to the collapse of the financial industry. Seated next to Levin is Senator Susan Collins (R-ME).

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ARTICLE I AND THE CREATION OF ARTICLE I AND THE CREATION OF CONGRESSCONGRESS

Congress has ultimate authority for enacting new laws

The Founders took considerable care in building this first branch

A congress had been a central feature in all attempts to organize the states—through and including the Constitutional Convention of 1787



In 1916, Jeannette Rankin,a Republican from Montana,became the first womanelected to Congress. After oneterm in the House, she ranfor the Senate and lost. Shewas reelected to the House in1940. An ardent pacifist, shewas the only member to voteagainst American entry intoboth World War I and WorldWar II.

Joseph Rainey of South Carolina was the first African American elected to Congress. He took office in 1870 and was reelected four times.

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THE STRUCTURE AND THE STRUCTURE AND ORGANIZATION OF CONGRESSORGANIZATION OF CONGRESS

Bicameral legislature: Two separate chambers, the Senate

and the House of RepresentativesThe “Great Compromise”: Equal state representation in the

Senate, and representation based on population in the House


ARTICLE I AND THE CREATION OF ARTICLE I AND THE CREATION OF CONGRESSCONGRESS

Nearly equal sharing of legislative power between the two chambers is significant

Many other nations in the world have bicameral legislatures, but the houses are rarely equal in power and usually do not share power


THE HOUSE OF REPRESENTATIVES: THE HOUSE OF REPRESENTATIVES: THE “PEOPLE’S HOUSE”THE “PEOPLE’S HOUSE”

To ensure accountability to voters, their term of office is 2 years—keeping members constantly attentive to the currents of public opinion

Proportionality ensures that the House reflects the popular will

The first Congress included 65 members – capped at 435 in 1911



Reapportionment: allocating house seats to each state after every 10-year census

Congressional districts cannot cross state boundaries and the population of each must be as equal as possible

Currently—roughly 650,000 people per district



Redistricting: states must redraw district lines to equalize their populations “One man one vote” rule

Gerrymandering: drawing district boundaries to favor one party by optimizing the partisan characteristics of each district to their advantage



Qualifications: Members must be at least 25-years-old

Must have been a U.S. citizen for a minimum of seven years

Must establish residence in the state (though not necessarily the district) from which they are elected


AMERICAN GOVERNMENT… IN AMERICAN GOVERNMENT… IN POPULAR PERSPECTIVEPOPULAR PERSPECTIVE

CONFIDENCE IN CONGRESS: the following figure shows the Gallup Poll’s 2008 survey on confidence levels in a variety of institutions

Shows that confidence in Congress ranks the lowest

However, Americans tend to hold their own Congressmen in high regard


THE SENATE: A STABILIZING THE SENATE: A STABILIZING FACTORFACTOR

The Senate was intended to represent the states equally—each with 2 senators

Originally elected not by the people of the state, but by state legislatures

Seventeenth Amendment (1913): Senators elected directly by the people of the state they represented



Serve 6-year staggered terms – Every 2 years, 1/3rd of the seats are up for

re-election

In theory all of the seats in the House can change every other year, but the Senate may change by a maximum of 34 seats and is less prone to drastic changes in membership



Qualifications: Must be at least 30-years-old Must be a citizen for at least 9 years Must establish residency in the state he or

she represents Due to the smaller size, the Senate tends to

be more civil, and camaraderie between individuals is more important


LEADERSHIP IN CONGRESSLEADERSHIP IN CONGRESS

Each chamber maintains its own leadership structure to work on bills, pass laws, and conduct its other business

The principal factor driving leadership in each chamber is the political party system, which is not mentioned in the U.S. Constitution


LEADERSHIP IN CONGRESSLEADERSHIP IN CONGRESS

Since 1851—the majority party in each house has been the Democratic or Republican Party

Majority caucus—party with a majority of seats

Minority caucus—party with a minority of seats


LEADERSHIP IN THE HOUSE OF LEADERSHIP IN THE HOUSE OF REPRESENTATIVESREPRESENTATIVES

Speaker of the House: Every 2 years, when a new Congress takes

office, the House members vote to determine who will be the Speaker

In reality the choice is made by the political party that holds the majority of seats—meet prior to the vote and agree on their leader



The Speaker, as presiding officer, is the most powerful member of the House

Speaker Joe “Uncle Joe” Cannon (1903 – 11): Member over 50 years –

Arbitrarily recognized who could speak, measures passing the Rules Committee required his approval, and filled key committee posts with loyal members



The Speaker remains powerful today – 1. Responsible for assigning new bills to

committees—can delay the assignment of a bill or assign it to a committee that is either friendly or hostile to its contents

2. Recognizes members to speak in the House chamber



1. The Speaker is the ultimate arbiter and interpreter of House rules

2. Appoints members to special committees, including conference committees

3. Influential in assigning members to particular permanent committees

4. Schedules votes on a bill



House majority leader and minority leader: oversee the development of their party platforms and are responsible for achieving party coherence in voting

Whips: contact members of their party caucus and try to convince them to vote the way their party leadership wants them to vote


LEADERSHIP IN THE SENATELEADERSHIP IN THE SENATE

The vice president is the presiding officer—also holds the title of president of the Senate

Not a Senate member—cannot engage in floor debates, and has no legislative duties except casting a vote in the Senate in the event of a tie



In practice, the vice president rarely presides over Senate sessions –

President pro tempore: By custom, the senator in the majority caucus serving the most consecutive years

With fewer rules and a greater culture of respect for members than the House, serves what is largely a ceremonial role



The majority caucus elects a Senate majority leader, and the minority caucus a Senate minority leader –

Primary party spokespersons, lead their party caucuses in proposing new laws, chief architects of their party’s platform

Senate majority leader makes committee leadership assignments



Senate majority and minority leaders are supported by majority and minority whips

Whips serve the same function as those in the House

Keep track of how caucus members are planning to vote and communicate the positions of party leaders on upcoming legislative votes


THE COMMITTEE SYSTEMTHE COMMITTEE SYSTEM

Four categories of work by members of Congress:1. Running for re-election

2. Serving constituents

3. Working on legislation

Working on bills in committees

Voting on proposed bills

4. Providing oversight of federal agencies



Committee work includes: Generating ideas for new laws and debating the merits of those ideas

Holding hearings, conducting investigations, and listening to testimony

Offering modifications and additions to proposed bills, and giving advice

Oversight of federal agencies



Bill: a formally proposed piece of legislation – many are long documents with complex legal and technical information

Each member is assigned to a few committees and becomes an expert in the subject area of the committee

Subcommittees, provide even more specialization and division of labor


TYPES OF COMMITTEES IN TYPES OF COMMITTEES IN CONGRESSCONGRESS

Standing committees: Permanent committees in the House and

Senate Heart and soul of congressional

organization since the early 1800s Reporting legislation: the House or Senate

cannot vote on a bill unless the standing committee votes to approve it


TYPES OF COMMITTEES IN TYPES OF COMMITTEES IN CONGRESSCONGRESS

Select committee: established to examine a particular issue of concern

Conference committee: House members and senators working together to iron out differences in the House and Senate versions of a bill

Joint committee: typically permanent, investigative, and focus on issues of general concern


LEADERSHIP OF LEADERSHIP OF CONGRESSIONAL COMMITTEESCONGRESSIONAL COMMITTEES

All chairs are members of the majority caucus

Chairs have a great deal of power to determine what gets done and when it gets done

Decide amount of time spent on a bill; choose people who will testify; allocate time for testimony and discussion


PARTISAN NATURE OF THE PARTISAN NATURE OF THE COMMITTEE SYSTEMCOMMITTEE SYSTEM

To control the committee agenda and votes, the majority caucus ensures that all committees have a majority of members of their party

The majority caucus typically reserves a “supermajority” of seats on the most powerful committees, such as the Rules and Appropriations Committees


CONGRESSIONAL STAFFINGCONGRESSIONAL STAFFING

Three categories of congressional staff:1. Personal staff

2. Congressional agencies: Office of Management and Budget; Government Accountability Office; Congressional Budget Office

3. Congressional committee staff



The Library of Congress, Washington, DC.

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HOW A BILL BECOMES A LAWHOW A BILL BECOMES A LAW

Step 1: A Bill Is IntroducedStep 2: The Bill Is Sent to a Standing

Committee for ActionStep 3: The Bill Goes to the Full

House and Senate for ConsiderationStep 4: Conference Committee

ActionStep 5: Presidential Action


OVERSIGHT AND PERSONNEL OVERSIGHT AND PERSONNEL FUNCTIONS OF CONGRESSFUNCTIONS OF CONGRESS

Congressional Oversight:Congress often delegates more specific

legislative authority to the executive branch – has resources and expertise to make more technical policy decisions

Monitors the activities of agencies and administrators through congressional oversight

Copyright © 2012 Cengage

Learning

YOUR PERSPECTIVE… ON YOUR PERSPECTIVE… ON CONGRESSCONGRESS

Many college students seek Congressional internships

See first hand how Congress works, gain valuable experience, and prepare for a possible government jobs

Websites about internship opportunities: mhttp://dc.about.com/od/jobs/a/Internships.htm;

http://www.twc.edu; http://www.cbo.gov/employment/intern.cfm


CONFIRMATION OF PRESIDENTIAL CONFIRMATION OF PRESIDENTIAL NOMINATIONS AND APPROVAL OF TREATIESNOMINATIONS AND APPROVAL OF TREATIES

The Senate plays a pivotal role in the selection of cabinet officers, other agency and executive branch heads, federal judges, and foreign ambassadors

The president nominates individuals for these posts, but the Senate must consent with a majority vote in favor of the candidate



When no candidate receives a majority of electoral votes, the House chooses the president and the Senate chooses the vice president

The 25th Amendment—a vacancy in the vice presidency is filled by presidential nomination, subject to approval of both the House and Senate by majority vote



Approval of a treaty requires consent of two-thirds of the Senate

The Senate has rejected a treaty only 21 times in U.S. history

More recently, the House plays an important role because most treaties involve financial issues which require House approval


IMPEACHMENT AND REMOVAL OF IMPEACHMENT AND REMOVAL OF FEDERAL JUDGES AND HIGH EXECUTIVESFEDERAL JUDGES AND HIGH EXECUTIVES

Congress has authority to impeach and remove federal judges, cabinet officers, the president, the vice president, and other civil officers

Removal requires impeachment from the House and a trial in the Senate

Impeachment: House brings charges against a federal official via majority vote


IMPEACHMENT AND REMOVAL OF IMPEACHMENT AND REMOVAL OF FEDERAL JUDGES AND HIGH EXECUTIVESFEDERAL JUDGES AND HIGH EXECUTIVES

Trial in the Senate: House members known as “managers” act as prosecutors

If it doesn’t involve the president or vice president, usually a Senate committee is designated to receive evidence and question witnesses

Removal requires a two-thirds vote of the full senate


CONSTITUENT SERVICE: HELPING CONSTITUENT SERVICE: HELPING PEOPLE BACK HOMEPEOPLE BACK HOME

Casework: direct assistance provided to a constituent, community group, or a local or state official

Examples: Providing information about federal programs and obtaining benefits from federal programs

Preparing a visit with a community group about legislation or policy issues


IMPORTANCE OF CASEWORKIMPORTANCE OF CASEWORK

Raises visibility of members in their home state or district

Helps constituents navigate the complex federal bureaucracy

Provides a direct connection between members and their constituents

Pork-barrel legislation: federal funds supporting local/state/district projects


NOW & THEN: MAKING THE NOW & THEN: MAKING THE CONNECTIONCONNECTION

What does the Senate’s resistance to Wilson’s Treaty of Versailles, and to G.W. Bush’s judicial nominations demonstrate regarding Congress?

Congress’ actions are slow and deliberate; the process may be halted at many points, and many actors have the capacity to hinder progress, also…


NOW & THEN: MAKING THE NOW & THEN: MAKING THE CONNECTIONCONNECTION

The compromises necessary to achieve success in Congress rarely prove entirely satisfactory to everyone involved

Both conflicts highlight the power of individual actors in the political process

Those with special communication skills enjoy more power, as do those who are highly informed on a particular issue


POLITICS INTERACTIVE!POLITICS INTERACTIVE!

REPLACING MEMBERS OF THE U.S. SENATE: SPECIAL ELECTIONS OR GUBERNATORIAL APPOINTMENT?

This is determined by state law Democratic Senator Ted Kennedy of

Massachusetts passed away in 2009Massachusetts law required a special

election within 145-160 daysCopyright © 2012 Cengage Learning


2004—the Democratic majority in the Massachusetts legislature withdrew then-governor Republican Mitt Romney’s authority to fill a vacancy

Anticipated that Senator John Kerry might win the 2004 presidential election

Kennedy strongly encouraged the Democrats to override Romney’s veto of that change, and they did


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7 days before his death, Senator Kennedy was again lobbying the Massachusetts legislature –

With health care reform in question, Kennedy urged yet another change –

Allowing the Democratic governor Deval Patrick to make a temporary appointment prior to the special election


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The legislature posthumously approved Kennedy’s request—Patrick appointed long-time Kennedy aide Paul Kirk

Temporarily protected the Democrats’ veto-proof majority until the January special election

Ironically—Republican Scott Brown won that special election—eliminating the veto-proof majority again


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Changes in the Massachusetts laws are not the only examples of political gamesmanship in state legislatures

Should the U.S. Constitution be amended to standardize the manner in which interim vacancies are filled, thus removing political considerations from the process?


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Newly elected U.S. SenatorScott Brown (R-MA)celebrates his victory in theJanuary 19, 2010, specialelection.

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Find the politics interactive link on www.cengage.com/dautrich/americangovernment/2e for details on filling vacated Senate seats

Consult the various links that relate to the process of filling vacated Senate seats across the 50 states, as well as historical, popular, and global perspectives on the topic


c hapter 6: l earning o bjectives article i and the creation of congress assess the role of the...

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