CONGRESSOr who do we thank or blame???

LEADERS IN THE 112TH CONGRESS

John BoehnerSpeaker of the House (R)

Eric CantorMajority Leader (R)

Kevin McCarthyMajority Whip (R)

Nancy PelosiMinority Leader (D)

James ClyburnAsst. Minority Leader (D) Steny Hoyer

Minority Whip (D)

LEADERS IN THE 112TH CONGRESS

A. C.

B. D. F.

E.

LEADERS IN THE 112TH CONGRESS

A. C.

B. D. F.

E.

A Bill v. A Law

Bill - a proposed new law introduced within a legislature that has not yet been passed, enacted or adopted

A Bill v. A Law

Law - a bill or act passed by a legislative body

Types of BillsTypes of Bills

• public bill – proposed legislative bill that deals with matters of general concern and application

• private bill – a proposed legislative bill that deals with specific private, personal, or local matters rather than general affairs

• appropriation bill – legislative motion authorizing the government to spend money

Legislator Representative

Committee Member

Partisan

Politician

How should I vote?

My constituents first or my

country???

Floor vote on

the Energy Bill!

A Congressman’s Balancing ActA Congressman’s Balancing Act

Navigating the Legislative Navigating the Legislative Obstacle CourseObstacle Course

Step 1: An Idea for a BillStep 1: An Idea for a Bill Sources:Sources:

Step 2: Writing & Introduction of Step 2: Writing & Introduction of BillBillSenate:• Bill formerly

read aloud on floor

• Bill then given to clerk

• Referred to committee by Steering Committee

House:• Bill dropped in

hopper• Referred to

committee by the Speaker

Sen. Smith introduces bill on the Senate floorSen. Smith introduces bill on the Senate floor

~ ~ Mr. Smith Goes to WashingtonMr. Smith Goes to Washington

Step 3: Committee ActionStep 3: Committee Action

• House & Senate committees conduct public hearings

• Experts testify • Markup of bills• Committee vote:

report favorably, unfavorably, or table bill

House Armed Services CommitteeHouse Armed Services Committee

Step 4: Floor Action - SenateStep 4: Floor Action - Senate

• Party leaders schedule bills for floor debate on the calendar

• Unlimited debate• Filibuster - member(s)

keep talking to block debate on a bill

• Cloture vote by 3/5 of Senators (60) can end filibuster

• Floor vote: Roll Call, Standing, Voice

Senator Strum Thurman still holds the record for the longest Senator Strum Thurman still holds the record for the longest filibuster - 24 hrs 18 min. on the 1957 Civil Rights Actfilibuster - 24 hrs 18 min. on the 1957 Civil Rights Act

Step 4: Floor Action - HouseStep 4: Floor Action - House• Rules Committee schedules bills on

calendar & decides whether amendments may be added

• Limited debate• Floor vote:

Recorded, Standing, Voice

Step 5: Approved Bill Step 5: Approved Bill Crosses Over to Other HouseCrosses Over to Other House

• Approved bill must pass each chamber by a simple majority

CONGRESS

• Two separate and powerful chambers/houses• House of Representatives• Senate

• Bill cannot pass unless it is IDENTICAL in both chambers

• How did the framers satisfy both the small states-wanted equal representation and the most populous states who wanted representation based on population?• Great Compromise

• Small states get equal rep. in Senate• Number of each states’ representatives in the House

would be based on population• House would have sole right to originate revenue-related

legislation

TERMS

• Each state has 2 Senators who serve for 6 years• Terms are staggered so 1/3 of Senate is

elected every 2 years• When ratified, CON directed Senators be

chosen by state legislatures• 1913-17th Amendment changed to direct

election (Populist Party platform)

• House directly elected for 2 year terms• All seats up at the same time

NUMBERS

• 435 members in the House• State’s representation in House is

proportionate to population=national census every 10 years

• Population shifts are handled by reapportionment (redistribution) of seats• Think about people who move from NE and

Midwest to Sunbelt-FL, AZ, CA, TX

• Each rep. is elected from specific Congressional district w/in state• Each district elects only 1 rep

DUTIES

• Share many legislative tasks• declare war• raise army and navy• borrow and coin money• regulate interstate commerce• create federal courts• establish rules for the naturalization of

immigrants• “make all Laws which shall be necessary and

proper for carrying into Execution the forgoing Powers.”

SEPARATE DUTIES

House• Originate

revenue bills• Power of

impeachment-formally charge the Pres., V.P. and other “civil officers” of national govt. with serious crimes

Senate• Approve major Presidential appointments• Approve treaties w/2/3 majority• Act as court to try impeachments-w/Chief Justice of SC presiding

ELECTING CONGRESS-THE INCUMBENCY EFFECT

• Reelection rate is high-since 1950, 90% of all House incumbents have held onto seats• 2002 election only 4 incumbents unseated

• Most House members win by 60% of vote• Odd that we reelect members

• Polls show Americans rank only 2 of 14 American institutions lower than Congress-big business and HMOs• Americans don’t like tie with interest groups• Voters love their own Congressmen but hold

rest in contempt

ELECTING CONGRESS-THE INCUMBENCY EFFECT

• Redistricting is the way the House districts are redrawn by states after a census-based reapportionment• Adds to the incumbency effect• Lines could be drawn to benefit one or

both parties

• Gerrymandering= altering district lines for partisan advantage

ELECTING CONGRESS-THE INCUMBENCY EFFECT

• Name recognition• Congressional name known• Congressional press secretaries get

publicity for activities and speeches of their bosses•Primary focus is on the local media-where

the votes are• Franking privilege-right of Congress

members to send mail free of charge• Websites-long on public relations/short on

information

ELECTING CONGRESS-THE INCUMBENCY EFFECT• Successful challengers-how to beat incumbents

• Opposing party and unsympathetic PACs may target incumbents because of age, lack of seniority, scandal

• Narrow margin, ideological and partisan make-up of district doesn’t favor holding seat

• Experienced (previous office holders) challengers capable of raising $$$

• Senate challengers have higher success rate than House=higher quality candidates• Often governors or House members with name

recognition, can get campaign funds because they are thought of as credible candidates

ELECTING CONGRESS-THE INCUMBENCY EFFECT

• 2002 and 2004 Elections• Off year election=Congressional election btwn.

Presidential elections• Traditionally good for the party not holding the

White House• 2002 Democrats

• Optimism with new Pres. gives way to realities of continuing/worsening problems and out-party gains seats in Congress

• 2001 recession-Dems felt they would pick up seats• Terrorist attacks changed everything-Reps gained 5

seats in the House and 2 in Senate• Shift in public opinion toward

Republicans=“undeniable, unintended gift of Osama bin Laden”

ELECTING CONGRESS-THE INCUMBENCY EFFECT (2002)

• Republican gains in House due to reapportionment• 2000 census-states that lost seats were largely

Dem-leaning• Of 8 states that lost seats in reapp., Bush

carried 7 in 2000 election• Reflects closer division in two parties’

relative popularity AND increasingly precise gerrymandering

2010 Mid-Term Election

• Democrats lost control of the House • Obama-”shellacked”…WHY?• What changes in the House besides

numbers and majority?

WHOM DO WE ELECT?

• Definitely NOT a cross section of American society• Most are professionals-lawyers, businesspeople

and educators• 43% of those elected to 2002 House and Senate

were millionaires• 1/3 of US labor force is blue-collar

• Women and minorities making inroads but still underrepresented in terms of actual numbers in US• Many feel that only members of their own

groups can adequately represent them=descriptive representation

WHOM DO WE ELECT?

• Voting Rights Act of 1982• Encouraged states to redraw districts that

concentrated minorities together so Blacks and Hispanics had better chance of being elected

• After 1990 census states redrew House boundaries to create districts that would have majority or near-majority minority populations• Some oddly shaped-snaking through state to

pick up black neighborhoods in various cities while leaving adjacent white neighborhoods to other districts

• Led to almost 50% increase in number of Blacks elected to House

WHOM DO WE ELECT?

• Redrawing boundaries less effective for Hispanics• Hispanics = 13.5% of population, but representation = 2/3

of Blacks…WHY???• Hispanics are more spread out than Blacks who tend to

live in geographically concentrated areas-hard to draw boundaries that will lead to election of Hispanic

• Racial gerrymandering =drawing of leg. District to maximize chance that minority candidate will win• Shaw v. Reno-N. Carolina district meandered to equal

“political apartheid” by segregating Blacks from whites instead of creating districts built around contiguous communities

• Later decision=intensive and pervasive” use of race violated 14th Amend. And Voting Rights Act of 1965

WHOM DO WE ELECT?

• 2001-just before redistricting from 2000 census-SC modified earlier ruling• Said race not illegitimate consideration in

drawing Congressional boundaries as long as it was not the dominant and controlling” factor

• While racial gerrymandering has benefited the Dems, Reps also benefitted• Left “whiter” districts to whites…more Rep

that minorities

HOW ISSUES GET ON AGENDA

• Problem must finds its way onto Congressional agenda• Agenda-has two meaning to Political Scientists• Formal legislation begins when bill=proposal for

new law-is introduced by member of Congress• House drops it into the “hopper”-mahogany box

in rostrum where Speaker presides• Senate gives bill to Senate clerk or introduce

them from the Senate floor

LEGISLATION: OVERVIEW/STEPS

1. Bill is introduced in either house-unless it is revenue

2. Assigned to a committee with jurisdiction over that policy area

3. When committee actively considers piece of leg., it goes to a specialized subcommittee

• May hold hearings, leg. Staffers may do research on bill

4. Original bill modified or revised5. If passed, goes to full committee6. If passed by full comm., reported=sent to entire

membership of chamber• Can be debated, amended and passed or defeated

LEGISLATION: OVERVIEW/STEPS

• Bills coming out of House committee go directly to Rules Committee • Rules Comm. attaches-yep-you guessed it-

rules• Usually govern length of coming floor debate• Specify types of amendments that House

members can offer

• Senate has restrictions on length of floor debate-usually agreed upon through unanimous consent

LEGISLATION: OVERVIEW/STEPS

• Senate and House versions MUST be EXACTLY the same

• When different, a conference committee is set up-made up of legislators from both houses• They work out differences and develop

compromised version• If both chambers approve bill it goes to

President for signature of veto

LEGISLATION: OVERVIEW/STEPS

• When President signs bill it becomes law• If President vetoes (disapproves) bill, he

sends back to Congress with reasons why• Bill only becomes law if Congress

overrides Pres. veto with 2/3 vote in each house

• If Pres. Neither signs nor vetoes bill within 10 days of receiving it=law•EXCEPTION-if Congress adjourns w/in

10, Pres. Can let bill die by not signing it=pocket veto

PLURALISTIC MODEL SUPPORTED

• Bill can be changed at any stage in process in either house=many access points for those who want to influence leg.• As bill moves through Congress, it is

amended many times in search of a consensus that will result in law• Long and tedious process• Defeating leg. is easier than enacting it

COMMITTEES:THE WORKHORSES OF CONGRESS

• Standing Committee• Permanent committees that specialize in

an area of legislation• There are subcommittees in Standing Comm.

• 17 standing Sen. Committees• 16-20 members on each comm.

• 20 standing House Committees• Average of 42 members on each comm.

• Majority party give minority a % of seats that approximate the minority party’s % in the entire chamber

• Maj. party ensures it has control

COMMITTEES:THE WORKHORSES OF CONGRESS

• Joint Committees• Members of both houses concerned with

particular policy area• Joint Economic Comm. analyzes econ. Policies• Weaker than standing comm.-almost always

restricted from reporting bills to House or Sen.• Role is usually fact finding and publicizing

problems and policy issues w/in their jurisdiction

COMMITTEES:THE WORKHORSES OF CONGRESS• Select Committee

• Temporary comm. created for specific purpose• Senate comm. that investigated Watergate,

Iran/Contra• Conference Committee

• Temporary, created to work out differences btwn. House and Senate versions of specific leg.• Members appointed from standing comm. or

sub-comm. from each house that originated and reported leg.

• When they reach compromise, comm. reports bill to both houses for approval/disapproval

• Cannot change or amend

CONGRESSIONAL OVERSIGHT

• Oversight=process of reviewing agencies’ operations to determine if they are carrying out policies as Congress intended• Most visible is through a hearing

• May be part of a routine review or by-product of information that reveals a major problem with a program or agency’s administration

• Can request a report from Pres. before giving funds

CONGRESSIONAL OVERSIGHT

• Congressional oversight of Executive branch has increased since early 1970s• Congress has given itself the staff needed to

watch over the growing federal govt.• Expanded staff if individual leg. as well as

House and Senate Comm.• Created Congressional Budget Office and

strengthened Govt. Accountability Office (GAO)and Congressional Research Service of the Library of Congress

• Congress engages in oversight b/c it is an extension of their efforts to control public policy

LEADERS AND FOLLOWERS

• Speaker of the House-majority party leader who chairs sessions from rostrum at front of House chamber• Constitutional officer but duties not listed• Counterpart=minority leader

• VP=president of the Senate-breaks tie• President pro tempore

• Elected by majority party to chair Senate in VPs absence

LEADERS AND FOLLOWERS

• Majority leader-Senate=real power• Schedules legislation in consultation with minority

leader• Party leaders play critical role in getting bills

through Congress• Most imp. is steering the bargaining and

negotiations over contents• Leaders work out issues that divide party, their

house, both houses or their house and White House

• While in Sen. LBJ used his intelligence, parliamentary skills and forceful personality to direct Senate

LEADERS AND FOLLOWERS

• Rules of Procedure• Parliamentary procedure

• Govern scheduling of legislation• How and when certain types of leg. can be

brought to floor• House-amendments must be directly relevant to bill• Senate-amendments that are not directly relevant to

bill can be proposed

• House Rules Comm. governs floor debate• Sen. has no “traffic cop”-relies on

unanimous consent agreements for start times

LEADERS AND FOLLOWERS

• Filibuster-talk bill to death• Senate gives members right to unlimited

debate• Can read the dictionary, talk about fishing, etc.• Longest filibuster=Strom Thurmond-24 hours,

18 minutes

• Cloture-way to limit debate• Petition signed by 16 Senators initiates cloture

vote• Cloture used when Southern Senators threatened by

filibuster passage of Civil Rights Act of 1964

LEGISLATIVE ENVIRONMENT

• Who influences vote?• Political Party

• Party leaders and party committees can help or hinder efforts of Congress members to get on comm., get bills and amendments considered, climb on leadership ladder

• Partisanship on rise since parties are becoming more homogeneous

• Liberal wing of Rep gone-rallying around conservative agenda for America

LEGISLATIVE ENVIRONMENT

• President• Represents nation better than House or

Senate b/c elected by people from the entire nation

• Public’s expectation of President grew• We expect Pres. to be chief legislator-to

introduce leg. on major issues and push bills through Congress

• Today, White House writes bills and is involved in the legislative process

• Bush White House-Cheney used to lobby “wayward” Reps to support Pres. decision

LEGISLATIVE ENVIRONMENT

• Constituents• People who live and vote in legislator’s

district or state• Need to think about what voters back home

want…it could mean their jobs!

• Contribute to pluralism-diversity of America mirrored by geographical basis of representation in House and Senate• Region makes choices-Montana=mining and

mineral, Nebraska=agriculture

LEGISLATIVE ENVIRONMENT

• Interest groups• Influence Congress b/c they represent

vocational, regional and ideological groupings=pluralistic politics

• Congress members are attentive to interest groups b/c they feel they (PACS) represent people back home

EXTERNAL SOURCES OF INFLUENCE ON CONGRESS