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Congress
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Congress & Constitution (1789)
Sources of Power: How Should Congress Be Elected? Lower house: popularly elected Upper house: sent by state
legislatures Powers of Congress
Does Congress elect President? No, Electoral College does Yes, when no candidate receives a
majority votes in the College
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Congress & Constitution (1789)
Powers of Congress “Power of the Purse”
Appropriation of money Authorization of borrowing taxation
Regulatory Power Regulation of currency Punishment of counterfeiting Regulation of inter-state & int’l trade
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Congress & Constitution (1789)
Powers of Congress Law-making Power
Establishing rules of naturalization Making patent & copy-right laws Making bankruptcy laws Making amendments to Constitution
War-making & Military Power War declaration Raising & supporting armed forces Providing for militia
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Congress & Constitution (1789)
Powers of Congress Power of Personnel Appointment
Confirm presidential appointments i.e. Secretary of State, US
ambassador to the UN Confirm federal judge nominations
Federal court judges (lower courts) US Supreme Court justices
Power of Impeachment Bring impeachment charges (House) Try impeachments (Senate)
REMEMBER-to impeach means to charge, not to kick out of office!
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Congress & Constitution (1789)
Powers of Congress Other Powers
Establishing post office & post roads Fixing weights and measures Providing for the government of D.C. Admitting new states Establishing lower federal courts
Number + size
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Senate vs. the House Size
435 members in the House (since 1911) 100 Senators in the Senate
Qualifications House
25 years of age Citizenship for at least 7 years Residency in district: 1 year Term of service: 2 years 1 member per 550,000 people
How often are congressional elections? How many members face election each
time?
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Senate vs. House Congress & Constituency
House of Representatives Closer to the voters More reflective of voter preferences More answerable to constituents
Senate More remote to the voters
Allows for political stability & policy continuity Less responsive to changes in popular opinion
Can act as a dispassionate counter-weight to the more popular & radical House
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Qualifications Senate
30 years of age 9 years of citizenship Residency requirement in state: 1 year Term: 6 years 2 seats per state in Senate
How often are senators elected? How many senators face election each
time?
Senate vs. House
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Legislative role differences Senate
More deliberative Why?
Less structured House of Representatives
More centralized & organized Why?
More routine & structured
Senate vs. House
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Congress vs. US Society
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Congress vs. US Society Minorities in Congress
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A typical member of Congress is Middle-aged Male White Lawyer Whose father is of the professional or
managerial class Native born or from northwestern or
central Europe, Canada
Congress vs. US Society
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2000 Senatorial Race of New York
To run for Congress…
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Three success factors #1: Who’s actually running? Some attributes give a candidate an
edge over others, like A record of prior public service National name recognition
Hillary Clinton versus Rep. Rick Lazzio Fund-raising capability
To run for Congress…
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To run for Congress… Why do members of Congress so easily
win re-election?
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To run for Congress… #2: Incumbency Advantages
Visibility Advertise thru contacts with constituents Stay visible thru trips to home districts
0%
10%
20%
30%
40%
50%
60%
Received mail from I
Saw I on TV
Read about I
Heard I on radio
Met I personally
Contact with Members of House(blue=Incumbents; brown=challengers)
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#2: Incumbency Advantages More visible than challengers
Media pays more attention to incumbents
Campaign contributions Donations tend to go to those in office Donations to challengers can offend incumbents
Take credit for services to individuals & district Casework
Attend to voter concerns, requests, and problems Pork barrel legislation
Representatives try to steer federal projects, grants & contracts towards their district
To run for Congress…
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#2: Incumbency Advantages Incumbent resources
Institutional connections and access to channels of communications
“franking privilege” (free use of the US mails) As long as it is “congressional business”
Tax-funded travel allowance to stay visible in one’s own district
Incumbents scaring challengers away
To run for Congress…
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Congressional Districts-Gerrymandering!
District 23 (Texas) and District 3 (Florida in ’92 and ’96)
To run for Congress…
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#3: Redistricting Congressional districts redrawn every
10 years after the census To avoid under- or over-representation
Re-drawing districts is highly political Used to create advantage for one party-
(new law being considered in Ohio to limit this!)
Gerrymandering legal on a political, but not a race, basis
To run for Congress…
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Cost to Get Elected Congressional elections are getting
more costly Over $3 billion spent on 2014
Congressional election Incumbents outspend their opponents Candidates of major states spend more NC Senate race in 2014 most expensive
in history-$108 million spent
Cost of Congressional Race…
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Cost of Congressional Race… Rising Cost
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Congress not only represents, it also legislates.
Internal complexity makes it hard to conduct business without organization.
Congress is organized around: Political parties A committee system Parliamentary rules of the House &
Senate
Organization of Congress
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Political Parties House leader election every two years Majority party leader = House Speaker Each party has a Committee on Committees
(Democrats call theirs: the Steering & Policy Committee) Assign new legislators to committees Transfer incumbents to new committees on
request Seniority system
Senators and Reps who have served the longest typically receive chairmanships/committee requests before newer members.
Representation on committees is proportional to party representation in Congress, e.g. a 60% Republican House gets 60% of the seats on committees-can serve on multiple committees
Organization of Congress
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Party Structure in the Senate
President pro tempore presides; this is the member with most seniority in majority party (a largely honorific office)
Leaders are the majority leader and the minority leader, elected by their respective party members
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Copyright © Houghton Mifflin
Company. All rights reserved.13 | 27
Party Structure in the Senate
Party whips: keep leaders informed, round up votes, count noses
Each party has a policy committee: schedules Senate business, prioritizes bills
Committee assignments are handled by a group of Senators, each for their own party
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Copyright © Houghton Mifflin
Company. All rights reserved.13 | 28
Party Structure in the House Speaker of the House is leader of
majority party and presides over House
Majority leader and minority leader: leaders on the floor
Party whips keep leaders informed and round up votes
Committee assignments and legislative schedule are set by each party
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Committee SystemStanding Committees Important policy-making bodies Permanent- Exist from Congress to
Congress Parallel executive agencies
Foreign Affairs Committee - State Department
Intelligence Committee – CIA & others Have power to report legislation for a
vote (or not!)
Organization of Congress
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Select Committee Temporary committees No power to report legislation Set up to handle specific issues that fall
between the jurisdiction of existing committees
A special committee for investigating the Watergate scandal (1973)
Organization of Congress
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Joint Committee Has members from both parties Can be permanent No power to report legislation Four types of joint committees
Economic Taxation Library printing
Organization of Congress
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Conference Committee Temporary Members appointed by Speaker &
Senate presiding officer For reconciling any differences on
legislation once it has been passed by House & Senate
The Committee System
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A number of staff members for every legislator
Staff members (8,853 in House alone, 2009): Handle constituency requests Take care of legislative details Formulate & draft proposals Organize hearing, deal with administrative
agencies, reporters and lobbyists…
The Staff System
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What is a caucus?Informal group or committee composed of Senators or Representatives who share opinions, interests or social characteristics. Ideological causes
Liberal Democratic Study Group Issue-oriented caucuses
Travel & Tourism Caucuses Congressional Friends of Animals
Common background caucuses The Congressional Black Caucus
The caucuses
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What is a caucus? Objectives of the Caucuses
To advance interests of the groups they represent by promoting legislation, encouraging Congress to hold hearing, and pressing administrative agencies for favorable treatment
The caucuses
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How a Bill Becomes Law
Some facts: For a bill to become law, there are
many routine hurdles It is easier for opponents to kill a bill
than to pass it The law-making process is highly
political
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How a Bill Becomes Law
The Law-making Steps1. Introducing legislation
Who can suggest legislation? Members of Congress Executive branch Interest groups Constituents ONLY a MEMBER of Congress can
introduce a bill into Congress. No one else. Ever.
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How a Bill Becomes Law
The Law-making Steps2. Assignment to Committee
Given a number in House preceded by “H. R.” and by “S” in Senate
Bill referred to a committee Most bills assigned to the appropriate
committees Complex bills referred to several
committees Controversial bills are sometimes handled
by temporary or ad hoc committees set up for that purpose
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How a Bill Becomes Law
The Law-making Steps2. Assignment to Committee
Often, nothing happens to the bills in committee. Neglect leads to death of many bills
Bills to be acted on are often referred to the appropriate sub-committees.
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How a Bill Becomes Law
The Law-making Steps3. Hearing
Once the sub-committee or full committee decides to act, hearings are held in which the public/interested parties can testify on the bill
In a typical two-year Congress Senate: 1200 hearings House: 2300 hearings
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How a Bill Becomes Law
The Law-making Steps4. Reporting a Bill
When a sub-committee decides to act on a bill, it drafts it line by line
It reports it to the full committee The full committee accepts, rejects or
amends the bill.
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How a Bill Becomes Law
The Law-making Steps5. Schedule Debate
When a committee agrees to submit a bill to the two houses, it is put on the House & Senate calendar, a list bills for action
Each house has different calendars for different bills In House, non-controversial bills are put on
the Consent Calendar or Private Calendar to be passed without debate
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How a Bill Becomes Law
The Law-making Steps5. Schedule Debate
Each house has different calendars for different bills Controversial or important bills are placed
on the Union Calendar or house Calendar. Rules & procedures (length of debate) are requested from the Rules Committee.
Define the following:filibuster, cloture, open rule, closed rule.
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How a Bill Becomes Law
The Law-making Steps6. Debate & Amendment
Opponents & proponents have equal debate time
Relevant amendments, if allowed, can be added
Floor debate seldom change views of others
In Senate, debate can last long time In Senate, filibuster can be used Senators can propose amendments
irrelevant to the bill.
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How a Bill Becomes LawThe Law-making Steps7. The Vote
How do members vote? What impact their voting behavior? Personal views Opinions of the constituents Advice of knowledgeable & trusted
colleaguesOccasionally, President can win over wavering members of their Party to stick with the team or by cutting deals with pivotal members.
It is important for members to cast an explainable vote, one that is defendable in public when challenged.
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How a Bill Becomes LawThe Law-making Steps7. The Vote
How do members vote? What impact their voting behavior?
It is important for members to cast an explainable vote, one that is defendable in public when challenged.
Not every vote has to please the constituents. But, too many “bad” votes are costly and show distance with one’s folks at home.
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How a Bill Becomes LawThe Law-making Steps8. In Conference Committee Once passed, a bill is sent to the other
chamber for consideration If the 2nd chamber passes the bill, it is then
sent to the White House for action. But, controversial bills need to go to a
Conference Committee to reconcile the differences in the two versions of the bills
After Conference, details of the bill are reported back to each chamber before sending to the President.
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How a Bill Becomes LawThe Law-making Steps7. To the President
Approve the bill into law Ignore it, with the result it becomes law in
10 days (not including weekend & when Congress is still in session)
Veto it (& facing override in Congress) Pocket veto it (if Congress adjourns before
the 10 days are up)When President vetoes a bill, he usually explains why he does so.
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How a Bill Becomes LawThe Law-making Steps7. Congressional Override of Veto
A two-thirds majority is required in each chamber to override the Presidential veto
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There are two major forces impacting Congressional law-making
External influences Constituency Interest groups
Internal/governmental influences Party leadership Congressional colleagues President/executive branch
Influences on Law-making
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Influence from the Constituency Members of Congress comply with views
of constituents due to re-election need They voluntarily anticipate or find out
constituents’ positions 1998, 31 House democrats crossed the party
line and voted in favor of an impeachment inquiry (e.g., Congressman Gary Condit)
Influences on Law-making
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Mobilize followers in a member’s congressional districts “Astroturf lobbying”
Provide information
Influences from Interest Groups
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Party leaders in Congress have influence over members
Party organizations have resources: Leadership PACs
PACs (1) raise funds and then (2) distribute to members for running for election
PACs enhance party power PACs create bond between leaders & members who
receive money Committee Assignments Access to Floor The whip system
communication network, with info on member intentions in voting
Logrolling
Influences from Party Org
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Since 1940s, President submitted yearly legislative proposals to Congress
Since mid-1950s, Congress has looked to the President for legislative proposals
Influences from the President