CHAPTER 11 CONGRESS

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CHAPTER 11 CONGRESS
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"If con is the opposite of pro, is congress the
opposite of progress?
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THEME A - The Power of Congress in the American
System See Powers of Congress - Article I,
Section 8, US Constitution
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Congress the "first branch"

• This branch has considerable power
• Many consider this branch to be the one most
  badly in need of repair
• The puzzles, processes and actions of this branch
  say a great deal about America's representative
  democracy

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Congress versus Parliament

• Parliamentary candidates are selected by party
• Members of Parliament select prime minister and
  other leaders
• Party members vote together on most issues
• Renomination depends on loyalty to party
• Principal work is debating national issues
• Very little power, very little pay
• Congressional candidates run in a primary
  election, with little party control
• Vote is for the man or woman, not the party
• Result is a body of independent representatives
• Members do not choose the president
• Principal work is representation and action
• Great deal of power, high pay parties cannot
  discipline members

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The Evolution of Congress

• Intent of the Framers
• To oppose concentration of power in a single
  institution
• To balance large and small states bicameralism
• Traditional criticism Congress is too slow
• Centralization needed for quick and decisive
  action
• Decentralization needed if congressional
  constituency interests are to be dominant

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Development of the House

• Always powerful but varied in organization and
  leadership
• Powerful Speakers
• Powerful committee chairmen
• Powerful individual members
• Ongoing dilemmas
• Increases in size have lead to the need for
  centralization and less individual influence
• Desire for individual influence has led to
  institutional weakness

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Development of the Senate

• Structural advantages over the House
• Small enough to be run without giving authority
  to small group of leaders
• Interests more carefully balanced
• No time limits on speakers or committee control
  of debate
• Senators not elected by voters until this century
  
• Chosen by state legislators
• Often leaders of local party organizations
• Major changes
• Demand for direct popular election
• Intense political maneuvering and the
  Millionaire's Club
• Senate opposition and the threat of a
  constitutional convention
• 17th Amendment approved in 1913
• Filibuster restricted by Rule 22 - though
  tradition of unlimited debate remains

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Reassertion of Congressional Power in 1970s

• Reaction to Vietnam and Watergate
• War Powers Act of 1973
• Congressional Budget and Impoundment Act of 1974
• Increased requirement for legislative veto

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THEME B - Who Gets to Congress WHO IS IN
CONGRESS? Sex and Race Years of Service
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Who is in Congress

• The beliefs and interests of members of Congress
  can affect policy
• Sex and race
• House has become less male and less white
• Senate has been slower to change, but several
  blacks and Hispanics hold powerful positions
• Incumbency
• Low turnover rates and safe districts common in
  Congress before 1980s
• Incumbents increasingly viewed as professional
  politicians and out of touch with the people by
  the 1980s
• Call for term limits however, natural forces
  were doing what term limits were designed to do
  by the mid-1990s
• Influx of new members should not distort
  incumbents' advantage

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Who is in Congress

• Party
• Democrats are beneficiaries of incumbency
• Gap between votes and seats Republican vote
  higher than number of seats won
• One explanation Democratic legislatures redraw
  district lines to favor Democratic candidates
• But research does not support Republicans run
  best in high turnout districts, Democrats in low
  turnout ones
• Another explanation incumbent advantage
  increasing
• But not the reason Democrats field better
  candidates whose positions are closer to those of
  voters

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Who is in Congress

• Advantages of incumbency for Democrats turn into
  disadvantages by the 1990s
• Republicans win control of Congress in 1994
• Republicans replace conservative Democrats in the
  South during the 1990s
• More party unity, especially in the House, since
  the 1990s

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GETTING ELECTED TO CONGRESS Determining Fair
Representation House Member Represents
Approximately 670, 000 people Gerrymander and
Malaportionment
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Malapportionment

• Drawing the boundaries of political districts so
  that districts are unequal in population.

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Gerrymander

• Drawing the boundaries of political districts in
  bizarre or unusual shapes to make it easier for
  candidates of a particular party/ethnic group to
  win

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THEME C - Congressional Organization and
Procedures 1. Party Organization - Senate A.
President pro tempore presides, member with most
seniority in majority party. B. Leaders are the
majority leader and minority leader elected by
party. C. Party whips keep leaders informed,
round up votes, count noses.
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2. Party Organization - House. House rules give
leadership more power. A. Speaker of the House is
leader of the majority party- presides over
house. Decides whom to recognize to speak on
floor. Rules on germaneness of motions Decides to
which committee bill goes. Appoints members of
special and select committees. B. Majority leader
(floor leader) and minority leader C. Party Whip
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3. Opinion and interest groupings 4. Committees
- Standing, Select, Conference, Staff, Staff
Agencies
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THE ORGANIZATION OF CONGRESS PARTIES AND
INTERESTS CAUCUSES Democratic Study Group
(DSG) Conservative Democratic Forums Wednesday
Group Congressional Black Caucus State
Delegations Specialized Caucuses
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THE ORGANIZATION OF CONGRESS STAFF AND
SPECIALIZED OFFICES Tasks of Staff Members Staff
Agencies 1. Congressional Research Service
(CRS) 2. General Accounting Office (GAO) 3.
Office of Technology Assessment (OTA) 4.
Congressional Budget Office (CBO)
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HOW A BILL BECOMES LAW Introducing a Bill Study
by Committee - most bills die in committee Floor
Debate - The House Amendments must be germane.
Closed rule sets time limit on debate. Floor
Debate - The Senate - Amendments need not be
germane. Time limit only established by cloture
to stop filibuster. 3/5 vote to end debate.
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How a bill becomes a law

• Bills travel through Congress at different speeds
  
• Bills to spend money or to tax or regulate
  business move slowly
• Bills with a clear, appealing idea move
  fastExamples "Stop drugs," "End scandal"
• Introducing a bill
• Introduced by a member of Congress hopper in
  House, recognized in Senate
• Most legislation has been initiated in Congress
• Presidentially-drafted legislation is shaped by
  Congress
• Resolutions
• Simple--passed by one house affecting that house
• Concurrent--passed by both houses affecting both
• Joint--passed by both houses, signed by president
  (except for constitutional amendments)

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How a bill becomes a law

• Study by committees
• Bill is referred to a committee for consideration
  by either Speaker or presiding officer
• Revenue bills must originate in the House
• Most bills die in committee
• Hearings are often conducted by several
  subcommittees multiple referrals (replaced by
  sequential referral system in 1995)
• Markup of bills--bills are revised by committees

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How a bill becomes a law

• Committee reports a bill out to the House or
  Senate
• If bill is not reported out, the House can use
  the discharge petition
• If bill is not reported out, the Senate can pass
  a discharge motion
• House Rules Committee sets the rules for
  consideration
• Closed rule sets time limit on debate and
  restricts amendments
• Open rule permits amendments from the floor
• Restrictive rule permits only some amendments
• Use of closed and restrictive rules growing
• Rules can be bypassed by the House
• No direct equivalent in Senate

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How a bill becomes a law

• Floor debate, House
• Committee of the Whole--procedural device for
  expediting House consideration of bills but
  cannot pass bills
• Committee sponsor of bill organizes the
  discussion
• Floor debate, Senate
• No rule limiting debate or germaneness
• Entire committee hearing process can be bypassed
  by a senator
• Cloture--sets time limit on debate--three-fifths
  of Senate must vote for a cloture petition
• Both filibusters and cloture votes becoming more
  common
• Easier now to stage filibuster
• Roll calls are replacing long speeches
• But can be curtailed by "double
  tracking"--disputed bill is shelved
  temporarily--making filibuster less costly

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Methods of Voting Voice Vote Division
Vote Teller Vote (House Only) Roll Call
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Bill, in final form, goes to the president

• President may sign it
• If president vetoes it, it returns to the house
  of origin
• Either house may override the president by a vote
  of two-thirds of those present
• If both override, the bill becomes law without
  the president's signature

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How a Bill Becomes a Law
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THEME D Does Congress Represent Constituents'
Opinion? 1. Representative 2. Organizational 3.
Attitudinal
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Representational view

• Assumes that members vote to please their
  constituents
• Constituents must have a clear opinion of the
  issue
• Very strong correlation on civil rights and
  social welfare bills
• Very weak correlation on foreign policy
• May be conflict between legislator and
  constituency on certain measures gun control,
  Panama Canal treaty, abortion
• Constituency influence more important in Senate
  votes
• Members in marginal districts as independent as
  those in safe districts
• Weakness of representational explanation no
  clear opinion in the constituency

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Organizational view

• Assumes members of Congress vote to please
  colleagues
• Organizational cues
• Party
• Ideology
• Problem is that party and other organizations do
  not have a clear position on all issues
• On minor votes most members influenced by party
  members on sponsoring committees

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Attitudinal view

• Assumes that ideology affects a legislator's vote
  
• House members tend more than senators to have
  opinions similar to those of the public.
• 1970s senators more liberal
• 1980s senators more conservative
• Prior to 1990s, southern Democrats often aligned
  with Republicans to form a conservative
  coalition.
• Conservative coalition no longer as important
  since most southerners are Republicans

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Ideology and Civility in Congress

• Members of Congress more sharply divided
  ideologically than they once were
• New members of Congress are more ideological
• Members of Congress more polarized than voters
• Democrats more liberal/Republicans more
  conservative
• Voters closer to center of political spectrum
• Members of Congress (especially the House) do not
  get along as well as they once did

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Reducing Power and Perks

• Many proposals made to "reform" and "improve"
  Congress
• Common perception it is overstaffed and
  self-indulgent
• Quick to regulate others, but not itself
• Quick to pass pork barrel legislation but slow to
  address controversial questions of national
  policy
• Use of franking privilege to subsidize personal
  campaigns
• Proposals to abolish it
• Proposals for restrictions on timing of mailings
  and a taxpayer "notice"
• Congressional Accountability Act of 1995
• For years Congress routinely exempted itself from
  many of the laws it passed
• Concern for enforcement (by Executive branch) and
  separation of powers
• 1995 Act
• Obliged Congress to obey eleven major laws
• Created the Office of Compliance
• Established an employee grievance procedure

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THEME E - Ethics and Congress ETHICS AND
CONGRESS 1977 Code of Ethics 1.
Financial-Disclosure Statement 2. Honoraria
prohibited by House. Senate must be donated to a
charity. 3. House and Senate - maximum of 15 of
salary in outside earned income not including
stocks and bonds.
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Problem of defining unethical conduct

• Violation of criminal law is obviously unethical
• Since 1941, over one hundred charges of
  misconduct
• Most led to convictions, resignations, or
  retirements
• Ethics codes and related reforms enacted in 1978,
  1989, and 1995 have placed members of Congress
  under tight rules
• Other issues are more difficult.
• A substantial outside income from speaking and
  writing does not necessarily lead to vote
  corruption.
• Personal friendships and alliances can have an
  undue influence on votes.
• Bargaining among members of Congress may involve
  exchange of favors and votes.

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Summary The old and the new Congress Since
Second World War

• House has evolved thru three stages
• Mid-1940s to early 1960s
• Powerful committee chairs, mostly from the South
• Long apprenticeships for new members
• Small congressional staffs
• Early 1970s to early 1980s
• Growth in size of staffs
• Committees became more democratic
• More independence for members
• Focus on reelection
• Early 1980s to present
• Strengthening and centralizing party leadership
• Senate meanwhile has remained decentralized
  throughout this period

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Self Test
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For more information about this topic, link to
the Metropolitan Community College Political
Science Web Site http//socsci.mccneb.edu/pos/pols
cmain.htm http//www.house.gov http//www.senate.g
ov