The Legislative Branch

I. CONGRESS

• Art I of Constitution creates bicameral legislature – House of Representatives & Senate

• Current structure result of Great Compromise reached at Convention

• Each house to check power of other• House of Representatives based on

population in states w/members chosen by popular vote

• Senate was to represent states, each state having 2 representatives, chosen by state legislatures

II. STRUCTURE OF CONGRESS

House of Reps

Membership = 435 (apportioned by population)

Term of Office = 2 years, entire House elected every 2

Qualifications = 25 yrs old, citizen for 7 yrs, must live in state district located in

Constituencies = smaller, by districts

Prestige = less prestige

Senate

Membership = 100 members (2 per state)

Term of Office = 6 yrs, 1/3 of Senate elected every 2

Qualifications = 30 yrs old, citizen for 9 yrs, must live in state

Constituencies = larger, entire state

Prestige = more prestige

III. ORGANIZATION OF CONGRESS

• 2 houses meet for terms of 2 yrs beginning on January 3 of odd-numbered yrs, each term divided into 2 1-yr sessions

• President may call special sessions in nat’l emergency

• Each house chooses own leadership & determines own rules

IV. ELECTION TO CONGRESS

A. Getting Elected to the House of Representatives (***)

• Constitution guarantees at least 1 rep per state

• Practices related to determining representation:• Apportionment – distribution among states

based on population of each of states• Reapportionment – redistribution of

Congressional seats after census determines changes in population distribution among states

A. Getting Elected to the House of Representatives (***)

• Practices (continued):• Congressional districting – drawing by

state legislatures of congressional districts for states with more than 1 rep

• Gerrymandering – drawing congressional districts to favor 1 political party or group over another

A. Getting Elected to the House of Representatives (***)

• “Printed in 1812, this political cartoon illustrates the electoral districts drawn by the legislature to favor the incumbent Democratic-Republican party candidates of Governor Elbridge Gerry over the Federalists, from which the term gerrymander is derived. The cartoon depicts the bizarre shape of a district in Essex County, Massachusetts as a dragon.”

B. Getting Elected to the Senate

• “…no state, without its consent, shall be deprived of its equal suffrage in the Senate.” (Article V)

• Members originally chosen by state legislatures in each state

• 17th Amendment (1913) – allows for direct election of senators by people of state

C. Incumbency Effect (***)

• Tendency of those already holding office to win reelection

• Stronger in House than in Senate• Advantages:

• Name recognition• Credit claiming – incumbent may have

brought gov’t projects & money into state or district

C. Incumbency Effect (***)

• Advantages (continued):• Casework for constituents – incumbent

may have helped constituents solve problems involving gov’t & bureaucracy

• More visible to constituents – incumbents can use “perks” of office to communicate w/constituents, i.e. franking provides communication

• Media exposure – incumbents more likely to gain “free” publicity during campaign through media

C. Incumbency Effect (***)

• Advantages (continued):• Fundraising abilities – generally greater• Experience in campaigning• Voting record – voters can evaluate

incumbents based on record

D. Term Limits

• Supreme Court has ruled that neither Congress nor states may impose term limits w/o constitutional amd

• Today – no limitations

VI. LEADERSHIP OF CONGRESS (***)

• Majority political party in each house controls leadership positions of Congress

A. House of Reps

• Speaker of House – presiding officer & most powerful member of House; major duties include assigning bills to committee, controlling floor debate & appointing party members to committees

• Current: John Boehner (R-Ohio)

A. House of Reps

• Majority Floor Leader - serves as major assistant to Speaker, helps plan party’s legislative program & directs floor debate; current – Kevin McCarthy (R –CA)

A. House

• Minority Floor Leader - major spokesperson for minority party & organizes opposition to majority party; current- Nancy Pelosi (D – CA)

A. House of Reps

• Whips – help floor leaders by directing party members in voting, informing members of impending voting, keeping track of vote counts, & pressuring members to vote w/party; current – Steve Scalise (R – LA) & Steny Hoyer (D – MD)

B. Senate

• US VP is presiding officer of Senate, according to Constitution; may not debate & may only vote in a tie

• 2001 – 2009: Dick Cheney

• 2009 - ?: Joe Biden

B. Senate

• President pro tempore – senior member of majority party chosen to preside in absence of Senate president; mostly ceremonial – no real power; current – Orrin Hatch (R – UT)

B. Senate

• Majority Floor Leader – most influential member of Senate & often majority party spokesperson

• Current – Mitch McConnell (R – KY)

B. Senate

• Minority Floor Leader – performs same role as House minority leader

• Current – Harry Reid (D – NE)

B. Senate

• Whips – same function as in House

VII. COMMITTEE SYSTEM

• Most of work of Congress accomplished through committees

• Speeds up process by allowing specialists to study individual legislation

A. Leadership of Committees

• Members of majority party in each house chosen by party caucus

• Set agendas, assign members to subcommittees, & decide whether committee will hold public hrgs & which witnesses to call

• Manage floor debate of bill when presented to full House or Senate

A. Leadership of Committees

• Traditionally, chosen based on seniority system

• Reforms today allow for selection of chairpersons who are not most senior majority party member on committee

• Most chosen are long-standing members of committee

B. Membership on Committees

• Percentage of each committee’s membership reflects overall % of Democrats & Republicans in each house

• Members try to serve on committees where they can influence public policy relating to state or district OR influence nat’l public policy issues

C. Types of Committees

• Standing committee – permanent committee that deals with specific policy matters (agriculture, energy & natural resources, veterans affairs)

• Select committee – temporary committee appointed for specific purpose; most formed to investigate particular issue, such as Senate Watergate Committee

C. Types of Committees

• Joint committee – made up of members of both houses; may be select committee (Iran-Contra Committee) or perform routine duties (Joint Committee on the Library of Congress)

C. Types of Committees

• Conference committee – temporary committee of members of both houses to resolve House & Senate versions of bill – also called compromise committee

D. Caucuses

• Informal groups formed by members of Congress who share common purpose or set of goals (Congressional Black Caucus, Women’s Caucus, Democratic or Republican Caucus)

VIII. CONGRESSIONAL STAFF AND SUPPORT

• Personal staff work directly for members of Congress in DC & district offices in home states

• Committee staff work for committees & subcommittees, researching problems & analyzing info

• Support agencies provide services to members of Congress (Library of Congress, Gov’t Printing Office)

IX. ROLES OF MEMBERS OF CONGRESS

• Policymaker – make public policy through passage of legislation

• Representative• Delegate – vote based on wishes of

constituents, regardless of own opinions• Trustee – after listening to constituents,

vote based on own opinions

IX. ROLES OF MEMBERS OF CONGRESS

• Constituent servant – help constituents with problems

• Committee member• Politician/party member – work to

support party platform & get reelected

X. POWERS OF CONGRESS (***)

• Legislative powers:• Expressed powers – specifically granted to

Congress, mostly in Article I, Sec. 8• Implied powers – may be reasonably suggested to

carry out expressed powers, found in Art. I, Sec. 8, Clause 18: necessary & proper OR elastic clause; allows for expansion of expressed powers (expressed power to raise armies & navy implies power to draft)

• Limitations – denied to Congress in Art. I, Sec. 9, & 10th Amd

X. POWERS OF CONGRESS (***)

• Non-legislative powers:• Electoral powers – selection of president

by House of Reps &/or VP by Senate upon failure of electoral college to reach majority vote

• Amendment powers – may propose amds by 2/3 vote of each house or by calling nat’l convention to propose amds if requested by 2/3 state legislatures

X. POWERS OF CONGRESS (***)

• Non-leg (cont):• Impeachment – House brings charges

(impeaches) president, VP; case tried in Senate w/Senate acting as jury (Andrew Johnson & Bill Clinton both impeached, but not convicted)

• Executive powers – shares appointment & treaty-making powers w/exec; Senate must approve appointments by majority vote & treaties by 2/3

X. POWERS OF CONGRESS (***)

• Non-leg (cont):• Investigative/oversight powers –

investigate matters falling w/i range of leg authority; often involves review of policies & programs of exec branch

XI. THE LAWMAKING PROCESS (***)

• SEE HANDOUT – DO NOT LOSE THIS! OBVIOUSLY, IT IS REALLY IMPORTANT!!!

XII. LEGISLATIVE TACTICS (***)

• Caucuses – may form voting blocs• Committee system – plays major role in

passage of legislation; bills may die if committee fails to act upon them or reject them• I'm Just a Bill

XII. LEGISLATIVE TACTICS (***)

• Filibuster & cloture – in Senate only, unlimited debate in attempt to stall action on a bill; cloture is method of limiting filibuster through petition & vote

XII. LEGISLATIVE TACTICS (***)

• Strom Thurmond holds record - "They used to call it 'taking to the diaper,' a phrase that referred to the preparation undertaken by a prudent senator before an extended filibuster. Strom Thurmond visited a steam room before his filibuster in order to dehydrate himself so he could drink without urinating. An aide stood by in the cloakroom with a pail in case of emergency.“ (Newsweek)7]

XII. LEGISLATIVE TACTICS (***)

• Pork barrel legislation – attempt to provide funds & projects for a member’s home district or state

• Logrolling – attempt by members to gain support of other members in return for their support on member’s legislation

XII. LEGISLATIVE TACTICS (***)

• Riders – additions to legislation which generally have no connection to legislation; generally are legislation which would not have passed on own merit; when bill has lots of riders, becomes “Christmas tree bill”

XII. LEGISLATIVE TACTICS (***)

• Amendments – additions or changes to legislation which deal specifically w/ legislation

• Lobbying – trying to influence members to support or reject legislation

• Conference committees – may affect wording &, therefore, final intent

XII. LEGISLATIVE TACTICS (***)

• Legislative veto – rejection of presidential or exec branch action by vote of 1 or both houses, used mostly b/w 1932 – 1980 – declared unconstitutional by Sup Ct in 1983 (Immigration and Naturalization Service v. Chadha) – stating that Cong can’t take actions having force of law unless president agrees

XIII. INFLUENCES ON CONGRESS

• Constituents – members often take into consideration opinions of constituents & voters back home in district or state

• Other lawmakers & staff – more senior members often influence newer members; staff often research issues & advise members

XIII. INFLUENCES ON CONGRESS

• Party influences – each party’s platform takes stand on major issues, loyal members often adhere to “party line”; members in House more likely to do this than Senate

• President – often lobby members to support legislation through phone calls, invitations to White House, appeals to public to gain support from voters

XIII. INFLUENCES ON CONGRESS

• Lobbyists & interest groups – often provide members with info on topics relating to group’s interest or possible financial support in future campaigns