CONGRESSOrganization, Powers, and the Legislative Process

Objectives

1. Describe the leadership structure in each house of Congress, noting the differences between the House and the Senate.

2. Discuss the importance of committees to the lawmaking process and to the ability of members of the Congress to do their jobs.

3. Describe the major powers of the Congress as granted by the Constitution.

4. Demonstrate how a bill becomes a law and explain how the different processes in the House and the Senate influence legislating.

LEADERSHIP OF CONGRESS

House of Representatives

SPEAKER OF THE HOUSE

Majority Leader Minority Leader

VP is President

SENATE

Majority Whip Minority Whip

President Pro Tempore

Majority Leader Minority Leader

Majority Whip Minority Whip

HOUSE LEADERSHIPProtecting the People

• SPEAKER OF THE HOUSE• Paul Ryan, elected Oct. 2015

– only House office mandated by Const.– selected by a party caucus– Highest paid member of Congress at

$223,500– Prez succession – 2nd in line– Influences committee assignments & bill

assignments to committee– Appoints Rules Committee members

HOUSE RULES COMMITTEE

• House Rules Committee is unique and powerful!– No such committee in the Senate– acts as traffic cop in controlling which

bills get to the floor of the House for debate

• Establishes rules for each bill it schedules for floor debate– Sets time limits for debate– Sets whether bills can be amended on

the floor during debate

HOUSE LEADERSHIP

• House Majority leader ($193,400)– Influences Committee assignments– Influences bill assignments to Committee– Spokesperson - responsible for party’s agenda

• House Minority Leader ($193,400)– Same role as opposition– After 2010 elections, the Democrats; Current

Minority Leader?– Also, speaks for P if P is minority party too

• Whips– Get out the party vote. . .

SenateProtecting the States

• President of the Senate – VP ($230,700)– Presides; can break a tie vote– President Pro Temp presides in absence

• Majority Leader ($193,400)– influences committee assignments; chairmen– is recognized first in debate– MOST POWERFUL PERSON IN SENATE!

• Mitch McConnell, R-KY• Minority Leader ($193,400)

– tries to keep the rank in file under control & resisting programs of the majority

– Harry Reid, D-NV

COMMITTEES Legislation & Oversight

• This is where the real work of Congress is done!• Committees usually have the final say on legislation• Chairpersons usually decide on scheduling of hearings,

formal action on a bill, which subcommittee gets it…

• STANDING COMMITTEES– permanent subject matter committees– 16 in Senate & 19 in House– create subcommittees– Some more sought after than others – especially those

that control spending (Appropriations, Ways and Means)– have legislation & oversight functions

• How are Congresspersons assigned to committees?

• Joint Committees– House + Senate share membership i.e., permanent

panels that conduct studies or perform housekeeping tasks -- taxation, economic, Library of Congress

– They don’t write legislation!• Select committees

– for specific investigation or study - e.g.,terrorism, aging– Generally for a limited time…. BUT may continue

indefinitely (now have select committees on intelligence in both chambers)

• Conference committees– Temporary committee where selected members of both

houses compromise if there is a different version of a bill from the H & S

COMMITTEES Legislation & Oversight

COMMITTEE POWER!

• MAJORITY PARTY RULES!– has the majority of seats on

all committees & seniority rule is that senior member will generally become the committee chair (but NOT a requirement)

– How does this affect the legislative process?

– Ranking member is most senior member of the minority party…would become chair if….

COMMITTEE POWER!

• House has more committees than Senate but since it’s so large, House members actually serve on less committees & become more specialized than Senators.

• How does specialization in both houses impact committee work?– committee members become policy

experts– Helps to get more attention paid to

their legislation– Concept of “division of labor” can

increase efficiency of committee and can result in better legislation.

• Another method used by congresspersons that impacts the legislative process is:

• Reciprocity/logrolling– Vote trading by legislators to

gain passage of legislation….you scratch my back and ….

COMMITTEE POWER!

Seniority & Committees

• Seniority is still the unwritten custom and can be important in selecting chairpersons BUT majority caucuses can now choose– Note: legislators may not chair more than one

committee

• Supporters of maintaining seniority argue…– Ensures that an experienced member will head

each committee– Eliminates conflicts within party

• Opponents to Seniority Rule argue…– Results in chairpersons out of touch with current

public opinion– Ignores ability & discourages younger members

Congressional OversightWhat is it?

COMMITTEESOversight Function

• Committees are where the oversight function of Congress takes place if and when a bill ever becomes law.

• Have authority to monitor and investigate the executive branch and its agencies, such as Dept. of Defense, Dept. of Justice

• Oversight power gives Congress power to summon senior officials to answer questions, order audits of agencies, hold hearings to air grievances of citizens, etc.

• Congressional committees have power to subpoena witnesses for committee hearings

• Research – find examples of congressional oversight investigations currently ongoing.

• To initiate, modify, approve or reject legislation in a variety of political arenas, in addition to performing oversight of administrative agencies.

• A legislator’s role is two-fold: Represent and Act!

1. Represent the people and the statesWhat are the special powers of each House of Congress?

2. Requires building consensus among legislators & constituents.

3. Educate --- who?; and investigate --- who?

4. Perform OVERSIGHT - of which branch?

POWERS OF CONGRESS

POWERSArt. I, Sec. 8

• 17 ENUMERATED / EXPRESSED POWERS– include power to make laws, tax, regulate commerce

(domestic, foreign & with the Indians), draft, declare war, print $, grant copyrights & patents, etc.

• ELASTIC CLAUSE: Art. I, Sec. 8, Clause 18– “Necessary and Proper Clause”– “Implied Powers Clause”– Gives Congress the power to expand,

or stretch its enumerated powers

IMPLIED POWERS(expand on expressed powers)

• Expressed power to borrow money:– Implies power to establish Fed. Reserve System of

banks

• Expressed power to establish naturalization laws:– Implies power to regulate & limit immigration

• Expressed power to regulate commerce:– Implies power to est. minimum wage, ban

discrimination in workplace, pass laws protecting disabled …

LIMITS ON POWERS

• Limits on Taxing powers:– Can tax only for public purposes– May NOT tax exports– All taxes must be uniform throughout the states

• Limits on Commerce powers:– May not tax exports– Can’t favor ports of one state over another– Can’t require vessels entering one state to pay

duties in another• War Powers: shared with P – how?

– Only Congress can declare war– P, as Commander in Chief, can deploy troops

Supreme Court & Congressional Power

REVIEW: What did SCOTUS rule in the following two cases and which powers of Congress were at issue?

• McCulloch v. Maryland • Gibbons v. Ogden

WHAT TYPES OF POWERS ARE THE FOLLOWING?

• Impeach the President• Propose Constitutional amendments• Prohibit race discrimination in hotels, restaurants• Grant titles of nobility• Create new federal courts• Raise and support an army• Establish national system of air traffic controllers• Elect P if no candidate gets majority of electoral vote

E – expressed legislative N – non-legislative I – implied legislative P - prohibited

• Offer advice and consent on treaties made by P?• Do away with trial by jury?• Establish a state religion?• Lay and collect taxes?• Print paper money?• Conduct investigations?• To admit a new state to the United States?• Borrow money?

WHAT TYPES OF POWERS ARE THE FOLLOWING?

E – expressed legislative N – non-legislative I – implied legislative P - prohibited

Find a Partner!

Either individually or in pairs only (no trios+), prepare a response to the following FRQ. You may use your notes/text/ppts in responding. Write it out in complete sentences - no bulleted lists. Double-space, use blue or black ink, front side only of your paper. You have 25 minutes to complete this task and turn in one paper per pair. Label it Congressional Leadership FRQ.

Both party leadership and committees in Congress play key roles in the legislative process.

(a) Define two of the following elements of the congressional committee system and explain how each influences the legislative process.

• Specialization• Reciprocity/logrolling• Party representation on committees

(b) Identify two ways party leadership in Congress can influence the

legislative process, and explain how each way influences the process.

CongressPart IV: Process

Bills! Bills! Bills!

• Legislative Branch’s ultimate responsibility is to MAKE LAWS

• Only members of Congress

may introduce a bill – Actual authors: staffers (w. expertise),

lobbyists, White House liaisons, outside professionals

– When sponsor introduces, it receives #• H.R.1 or S.1

Types of Bills

• Public bills pertain to matters that affect the general public or classes of citizens (impact everyone)

• Private bills affect just certain individuals and organizations (target specific groups)– Immigration, permanent residency– Veterans benefits claims, claims for military

decorations, taxation problems– “For the relief of…”

Resolutions

• Joint Resolutions (H.J. Res. Or S.J. Res.)– Approved by both Chambers and presidential

signature to become law– Generally used for continuing or emergency

appropriations– Also, proposing amendments to Constitution

• Approved by 2/3 of both chambers AND ¾ states (no prez sig. necessary)

Resolution

Resolutions

• Concurrent Resolutions (H.Con. Res. Or S.Con. Res.) – Approved by both chambers but NO prez.

signature needed– Does not have force of law– Used to make/amend rules that apply to both

Houses– Ex: set the time of Congress’ adjournment– Ex: congratulations to another country on anniversary of its

independence– EX: annual congressional budget resolution

Resolution

Resolutions

• Simple Resolutions (H.Res. Or S.Res.)– Within prerogative of 1

house• Ex: Standing rules of one

Chamber

• Ex: condolences to family of a deceased member of Congress

– Do not need approval of other no signature of Prez.

Resolution

1. Origin of Bills

• Bills can originate in any chamber (H or S)– EXCEPT all revenue bills (legislation that would

raise national taxes) House• No taxation without representation!

• BUT! Identical bill must pass both chambers by majority and signed by Prez to become law

2. Committee

• The Senate Majority Leader and the House Rules Committee assign bills to committees in S or H.

• Bills are referred to comm./subcomm. For study, discussion, hearings and markup (rewriting)

• Bills will get passed (reported out) out to full floor, amended & reported out, or killed in committee. Most bills die in committee!

– HOUSE – bill goes to Rules committee before floor:– Rules Committee schedules House rules for floor action:

• closed rule - limits debate, no amendments allowed on the floor

• open rule - amendments allowed on floor• restrictive rule - selective amendments allowed• a discharge petitiondischarge petition can avoid the “Rules”

– Speaker can initiate this petition– Brings a bill out of committee and to the floor for consideration

without a report from the committee by "discharging" the committee from further consideration of the bill.

• Can also suspend “Rules”… straight to floor for vote.

House Rules Committee

3. Floor Debate and Vote

– 435 members– Set time limit for each

debate (30 minutes majority/30 minutes minority)

– Majority party can pass anything they want

Let us imagine the bill began in the House & has been passed from Committee & the Rules Committee and to the full House for consideration:

4. Intro and Committee – Other Chamber

• Let us assume a bill passed the House, now it is the Senate’s turn!

• Must be introduced and assigned to Committee– Who?– Markup

• Will get reported out out to full floor, amended & reported out, or killed in committee. Most bills die in committee!

5. Floor Debate and Vote

• Senate, 100 members– No strict time limits

– Leadership schedules debate and amendments are open for any cause

– 1 member can stall/delay entire Senate calendar by filibustering

• a delaying tactic to round up votes

• record held by Strom Thurmond -SC for 24 hours, 18 min.

• End a filibuster by cloture act—60 Senators vote to end filibuster

• Rarely does Senate majority = 60, so minority can usually obstruct

Examples of Filibusters:

Other Common (H + S) Debate Tactics

• Amendments of all kinds get tagged onto bills– House: amendments have to be approved by comm.

overseeing bill– Senate: individual Senator can introduce an

amendment to a bill on floor– Formal changes require a vote– Additional points may not relate to OG bill (nongermane

amendments)

• Congressmen add these riders to benefit their own agenda or programs or to enhance the political chances of the bill

+

Other Common (H + S) Debate Tactics

• Earmarks: v-shaped mark that is cut into a pig’s ear to identify it; funding appropriations that are specifically designated to a named project in a member’s state/district– Pork: special projects/programs that are

intended to benefit a member’s district/state (slang for earmark appropriations of the $)

+

Other Common (H + S) Debate Tactics

+

Other Common (H + S) Debate Tactics

• Logrolling: vote trading by legislators to gain passage of legislation– Local projects that are

federally funded:• Dams, bridges, highways,

housing projects, VA hospitals, job-training centers, military bases

+

6. Conference Committee

• If an identical version of the bill doesn’t pass both Chambers, Conference Committee is formed. – Reconciles differences btw H + S versions

• Writes compromise• Goes back to full floor

of both chambers &

generally gets approved• Why?

7. President

• Passed Congress? Needs Prez. Signature to become law– If Prez. does nothing in 10 days & Congress is still in

session = law– Prez. Vetoes?

• Congress can override with 2/3 vote (rare – 4%)– Pocket Veto: President doesn’t sign the bill and

Congress adjourns within 10 days.

LEGISLATIVE VETO

• Congressional attempt to give itself veto power over the P/Executive Branch

• Congress would write legislation giving P broad powers to act, but reserve to itself the right to void P’s actions by a vote of one or both houses

• Legislative veto declared unconstitutional by Supreme Ct. in INS v. Chadha (1983)– A deportation case (either House or Senate could

invalidate an executive branch – INS – deportation order)

– SCOTUS ruled that this violates the separation of powers inherent in our Constitution

What influences successful passage of bills?

1. Appeasing the “Chief Legislator”2. Party influence - 50% of the time whips get the job

done and legislators will vote the party line……. House partisanship is stronger than Senate.

3. Constituency support - legislators act as POLITICOS:“trustees” to represent the interests of all AND

also as “instructed delegates” to represent constituent interests

4. SIGS and lobbyists – can be a formidable adversary OR supporter in influencing legislation.

Review

1. The principal and most obvious function of any legislature is __________.

a. advice and consent

b. carrying out the law

c. checking the power of the judicial branch

d. Lawmaking

e. Oversight

Review

2. The concept of logrolling refers to __________.a.action taken by a senator to prevent a bill from passing in the Senate

b.a method that the president uses to prevent legislation from passing

c.a method of keeping one bill on the floor for an extended period of time, thus blocking all legislation

d.an arrangement by which two or more members of Congress agree in advance to support each other's bills

e.a legislative strategy originally developed by representatives from the Pacific Northwest, in which one party ends up winning while the other ends up "in the water"

Review

3. An attempt in the Senate to prevent the passage of a bill through the use of unlimited debate is a(n) __________.

a. cloture

b. continuing resolution

c. filibuster

d. logrolling

e. unanimous consent agreement

Review

4. Cloture entails __________.

a.methods used to defeat legislation in Congress

b.attempts to limit debate on a bill in the Senate

c.closed meetings held by parties to elect their leadership or resolve important issues

d.actions of the House Rules Committee that must be approved by the Speaker

e.adjournment of Congress

Review

5. A member's request for a special appropriation for projects back home that are attached to a bill to gain votes is a(n) __________.

a. authorization

b. discharge petition

c. earmark

d. filibuster

e. reapportionment

Review

6. "Money bills" __________.

a. are introduced by the president

b. must start in the Senate

c. must originate in the House

d. must originate in conference committee

e. must receive a two-thirds vote in both houses

Review

7. After a bill has been introduced and referred to a committee, the committee __________.

a.is required to pass the bill on to the entire house

b.is not allowed to make changes in the bill’s wording

c.may hold hearings to explore the merits of the bill

d.is required to refer the bill to a subcommittee

e.is required to consult with the president's official legislative liaison