Congress/Legislative Branch

1
Congress/Legislative Branch

• (1). Examine the bicameral structure Congress,
  discuss turnover reapportionment.
• (2). Outline how Congress has evolved and changed
  since its creation, and the role of standing
  committees, seniority rule, and subcommittees.
• (3). Discuss Congressional elections and the
  advantages enjoyed by, to include single member
  districts, redistricting, gerrymandering, home
  style, case work, franking, campaign fund
  raising, party identification name recognition.
• (4). Explain election outcomes when incumbents do
  lose and the reason given, to include Potomac
  fever, scandal, midterm election messages
  desire for divided government.
• (5). Analyze the demographic profile of who
  serves in Congress, and contrast descriptive
  representation with that of political
  representation.
• (6). Discuss the workload of Congress and assess
  potential conflicts of interests.
• (7). Examine Congress as an organization, and the
  role of political parties leadership, to
  include caucus, conservative coalition,
  conference select committees, key staffs.
• (8). Examine the legislative process, and outline
  how bills become laws (see Fig. 11-8).
• (9). Identify define key relevant terms used by
  Congress during the legislative process.
• (10). Discuss the potential conflict between
  personal versus constituent policy preferences.
• (11). Contrast the various kinds of policy
  oversight conducted by Congress.
• (12). Analyze the different theories of delegate
  and trustee representation in Congress.
• (13). Assess the political effectiveness of
  Congress and its prospects for the future.

2
The Structure of Congress

• What kind of structure does Congress have?
• Bicameral legislature
• What does that mean?

3
Bicameral Legislature
A legislature with two housessuch as
House of Represen-tatives
Senate
4
Capital Hill
Impact that favors?
What kind of majority required to pass
legislation?
Sometimes resulting in?
5
House Rules
House of Representatives

• All Representatives elected every two years
• Total number capped at 435 members
• 435 seats divided among the 50 states
• Number of Representatives for each state
  proportionate to total population (Census)

6
The House of Representatives

• Turnover gt impact of 2 year term of office?
• Theoretical impact gt more responsive
• Closer to mood of the people why?
• Reapportionment?
• Based on what every 10 years?
• Only applies to House? Why?
• AKA Redistricting
• What are the various ways to redistrict ?

7
Redistricting Counting the ways
8
Evolution of Congress Historic overview

• Broad Constitutional guidance (Article I)
• Both Chambers determine own rules
• Senate requires 2/3 majority to change it rules
• How much of a majority does House require?
• Impact of these rules on each chamber?
• Changing Attitudes Toward Service in Congress
• Early attitudes towards service?
• Interest centered in State politics regular
  Rotation gt
• High turnover gt impact? (see career of Henry
  Clay)

Impact on members of Congress as it evolved?
9
Evolution of Congress
Early on, members of Congress did not stay in
Congress long
Since then, many members of Congress serve for
many years
What other changes occurred?
10
Change in the House

• Major Shiftgt Congress viewed more more as
  career
• Dramatic social economic change during 19th
  century
• Rapid Industrialization, urbanization,
  immigration
• Power shifts from the State to the Federal
  Government
• Role of Congress in interstate commerce
  national economy
• Result Proper decorum parliamentary rules
• More civil behavior among members
• No personal attacks allowed (decorum sometimes
  over the top)
• Power of Speaker role of Committee Chairman
  rise
• Key assignments controlled by Speaker till 20th
  cent.

11
Change in the House The 1910 Revolt
1910 the rank file revolted against autocratic
rule Of Congressional leaders (Speaker controlled
all) - Revolt results in new rule seniority
rule (?)
The congressional norm of making the member of
the majority party with the longest continuous
service on a committee the chair of that committee
12
Change in the House the 70s

• Similar change occurred during 1970s-1980s
• Revolt against committee chairs (Democrats)
• Resulted in rise of powerful subcommittees chairs
• Decentralization of House powergt impact?
• Gridlock on the national budget other bills
• All members gradually came see to need for reform
  
• Gradual re-centralization (power back to Speaker)
• But reform also tempered by memory of 1910 revolt
• Although Majority party leadership was made
  stronger
• Rank file House members still retained final
  veto power

13
Change in the House Newts era

• 1995 GOP changes under Newt Gingrich
• Greater power concentrated in the Speaker
• Control of Committee assignments
• Control over which committee considered
  legislation
• Then came 1998 midterm elections
• Impact The more things change
• Gingrich lost power when GOP lost seats in House
• Resigned as Speaker and from the House itself

How is the Senate different from the House and
how has it changed?
14
Rules of the Senate

• Senators serve six year terms
• 1/3 of class elected every two years (why?)
• Reduce turnover effect
• Each state has two senators
• Vacancies in Senate can be filled through
  appointment (state rules)

• Senate

15
The Senate How is it different?

• Make up longer terms impact on Senate?
• Less is more? (100 vs. 435) (6 vs. 2 years)
• Less responsive to voters why?
• How did 17th Amendment change Senate?
• From Elite Mens Club w/apprenticeship period to
• Direct versus indirect elections by state
  legislaturegt impact?
• New Rules of 1970s gt more decentralized power
• Individual junior Senators more active in floor
  debate
• Result power in Senate more dispersed than in
  House
• Role and impact of requirement for unanimous
  consent
• NTL less visible change than in the House why?
• Senate rule changes require 2/3 vote gt impact
• How is this different from House what is the
  effect?

16
Getting Staying ThereCongressional Elections

• Incumbents and Reelection
• Overwhelming prospects for reelection (Figure
  11-1)
• House incumbents 92 vs. Senate 78
• Key questions
• Why do incumbents who run usually win?
• Why do House incumbents do better than Senate?

17
Incumbent Reelection (1946-2002)
18
Now 98 (2004)
Now 96 (2004)
19
The Election Setting Reelection

• Single-member districts gt impact?
• Each district Rep. likely to share views of
  constituent majority
• If they didnt they probably couldnt get
  elected!
• Redistricting Maps drawn to favor incumbents
• Party in control of State Legislature draws the
  map
• Various options shown by Figure 11-2

Most likely option to be chosen? (Midterm
redistricting in Texas- Tom Delay)
20
Districts (Reps) vs. States (Senators)

• Homogeneous voters of districts vs. that of State
• Californias diversitygt example (Table 11-1)

• Impact on House vs. Senate reelections?

21
Incumbent Advantages?
Responsibility
Resources of Office
Franking Privilege
22
The Incumbents Advantages

• Home style presentation to constituents (voters)
• Advantage of Responsibility (of the office)
• Bringing home the pork to ones State or district
• Supporting popular views of their constituents
• Free advertisement of incumbents official
  activities
• Local media reporting of Congress press releases
• Resources of Office
• Constituent service staff responsive to voters
• Who is a helped voter likely to vote for in
  future?
• to return home on weekendsgt direct meetings
  w/Voters
• Franking privilege (Newsletters- Figure 11-4)

23
Franking Privilege?
The right of a member of Congress to send
official mail without paying postage.
24
Campaign Money

• Election money is necessary for
• Campaign workers
• Pollsters
• Offices
• Advertising
• Other expenses

• Campaign Money- contributors go with winners
• - (As result who is most likely to win?)

• Incumbency status makes raising easier (Fig
  11-5)

25
Sources of Funds for Congressional Candidates-
2004 Elections
26
Name Recognition Its Advantages

• Name Recognition- ultimate advantage of incumbent
• Voters vote for who they know like
• Even though voters may dislike Congress in
  general
• The voters invariably like their own
  representative
• (Or vote for whose name they recognize on the
  ballot)
• Sort of like the way some answers are selected
  during exams?
• What are the disadvantages of the Challenger?
• (the reverse of all of the above)

27
Voters and Election Outcomes

• Sowhen do incumbents lose?
• Lose touch with constituents (perception)
• Potomac fever (Lost inside the Beltway)
• Scandal gt Bad Press back home
• Midterm elections- unpopular president
• Voters send a message to party in power
• Senators especially vulnerable
• Another factor Divided government?

28
Divided Government
When the president is of one party and the other
party has a majority in at least one house of
Congress
Dealignment trends influences gt rise of
independents - Desire of voters for checks
balances - Impact of recent growing
polarization Polls
29
Serving in Congress

• Who Serves?
• (Typical member profile?)
• White, male, lawyers
• Two types of representation?
• Descriptive versus?
• Policy representation
• Does it make a difference?
• Text Table 11-2
• (policy representation)
• Figure 11-6
• (descriptive representation)

30
Serving in Congress

• Congress as a Job
• High socio-economic status
• 162K, power, meaningful, fulfilling work
• Great medical pension benefits (124K/year)
• Cost to member to serve?
• Time family sacrifice (heavy schedule Text Fig
  11-7)
• Key issues of concern Congress and Ethics
• Corruption? (rare cases- scandals of 1980s
  more recent)
• Recent indictment of Tom DeLay SEC
  investigation of Bill Frist
• Conflicts of interest? (sometimes- also revolving
  door)
• Stricter rules in recent years (restrictions on
  gifts)
• Key avoid the perception of possible corruption

31
Congress as an Organization Overview
32
Congress as an Organization

• Political Parties in Congress
• Provide cohesion, direction, and organization
• coordinate party government (across other
  branches)
• Party leadership not always followed by
  members-why?
• Party Leadership in Congress
• Role of Majority party leadershipgt cohesive
  policies
• Who is the key institutional leader of the
  House?
• What is his/her key role and responsibilities?

33
Speaker of the House

• Chief Parliamentary Officergt controls process
  debate
• Controls legislation referred to committee
• Schedules when legislation will be debated on
  floor
• Recognizes members on floor during a debate
• Decides when to call a vote
• Speakers Informal powers
• Controls flow of information to House membership
• Power to give or withhold favors
• Also leader of the majority party (Who currently
  holds office?)
• Who are the Speakers key assistants?

34
Majority Leader
Majority Whip

• Leaderships chief vote counter
• Monitors mood of House mbrs
• Keeps leadership informed
• Informs members of schedule how to vote along
  party lines
• Compel votes along party lines?

• Helps schedule legislation
• Helps develop party positions
• Speaks for party on House floor
• (why not the Speaker instead?)
• Institutional leader of all mbrs

35
Responsible for keeping majority party unified
and helping to craft strategies for the majority
party
Whats the role of the Minority Leadership?

• Loyal opposition gt (to majority party in power)
• Minority Strategies available?

- Cooperate - Compete - Obstruct

• Strategy usually selected? gt role of timing

36
Senate Leadership

• Senate Majority Leader
• Power in contrast to the Speaker of the House?
• (Herding cats?)
• Role of Unanimous Consent for the Senate?
• How is the leadership positions determined?
• What mechanism is used to select party leaders?
• (Applies to both House and Senate)

37
Caucus
A closed meeting of members of a political party
to discuss matters of public policy and political
strategy, and in some cases, to select candidates
for office.
38
Committees of Congress
Which type of Committee does the Congress use to
do its work?
Standing Committee
A permanent committee in Congress with
jurisdiction over a specific policy area. Such a
committee has tremendous say over the details of
legislation within its jurisdiction.
Most powerful House Standing committees?
Appropriations, Rules, Ways Means
39
Committees of Congress

• What are the other types of Committees?
• Select committees
• Special area or finite duration (investigations)
• No power to report out legislation
• Conference committees gt purpose role?
• Committee of both Houses to resolve differences
  in a Bill
• Recent trends in how used by current majority in
  power
• Re-writing the Bill from scratch
• Contrasting approach of the two Chambers
• House vs. Senate (expert vs. generalists) gt
  impact?

40
Senate Organization Chart
Most powerful Senate Standing committees?
Appropriations, Finance, Armed Services, Foreign
Relations
41
Congressional Staffs

• Purpose support the members of the House
  Senate
• Personal staff (constituent services)
• Focus reelection of member
• Committee staffs (subject expertise)
• Standing Select committees
• Congressional support agencies
• Congressional Research Service
• Government Accounting Office (GAO)
• Congressional Budget Office (CBO)
• Staff growth has been significant why?
• Federal government expanding role
• Compete with Executive branch
• Power of staff members? (Sheila Burke for Sen.
  Dole)

42
The Business of Congress

• Congress makes laws
• The Legislative Process
• 1. Policy initiation (source of policy ideas?)
• Co-sponsorship (getting support)
• Members key role introduce bill
• 2. Committee Process
• How a Bill becomes law gt

43
How a Bill becomes Law- Overview
44
Legislative Process in House of
Representatives
Member Introduces Bill
Note Same version of the bill must pass both
Houses
Bill reported out by full committee
45
The House Rules Committee
Rules Committee Action
Debate and Vote
46
Lawmaking in the Senate
Bill Referred to Committee
Bill Referred to Subcommittee (Markup)
Bill Reported by Full Committee
47
Lawmaking in Senate Debate Vote
Debate Scheduled by Informal Negotiation
Debate and Vote before full Senate
48
The Legislative Process (Summary in detail)

• See www.Congress.org for specific details (click
  on The Legislative Process)
• Introduction of the Bill (must be introduced by
  either Senator or Representative)
• Step 1 Referral to Committee
• Step 2 Committee Action
• Step 3 Subcommittee Review
• Step 4 Mark Up
• Step 5 Committee Action to Report A Bill
• Step 6 Publication of a Written Report
• Step 7 Scheduling Floor Action
• House Rule Committee Action gt House Rule
• Senate informal coordination between Majority
  Minority Ldrs
• Step 8 Debate on the Floor of House (or Senategt
  Filibuster Cloture)
• Step 9 Voting (with amendments approved or voted
  down)
• Step 10 Referral to the other Chamber (process
  starts all over)
• Step 11 Conference Committee action
• Step 12 Final Actions gt voted on in identical
  form by both Houses
• If concurrent majority gt sent to President
  approved in identical form by both Houses
• President either signs or ignores (becomes law if
  in session), or vetoes or ignores (pocket veto)
• Step 13 Congress may attempt to override
  Presidents veto

49
Strategies of Delay in the Senate
Filibuster
The tactic of stalling a bill in the Senate by
talking endlessly about the bill in order to win
changes in it or kill it.
How can this attempt to delay or kill a bill be
stopped?
50
Cloture
The procedure to stop a filibuster, which
requires a supermajority of sixty votes.
Recent Polarization the Nuclear
Option? Changing Senate Rules it impact
51
Decision Making

• How Congress makes its decisions on how to vote
• 1. Members personal expertise, knowledge,
  preference
• Member of the committee deciding a bills fate
• (Gained expertise personal knowledge of the
  Bill)
• 2. Voting Cues
• Personal ideology
• Constituent opinion
• Members of same state or trusted friend
• Party position (party leadership- whip)
• 3. Personal vs. Constituent (voters) preferences
• How to balance the personal still get reelected
• When to lead when to follow (jobs)

52
Policy Oversight

• New laws are short on detailsgt
• Role of the Federal Bureaucracy gt
• Rule making
• (significant leeway to implement the law)
• Options for oversight
• 1. Police patrol oversight
• May or may not work- why?
• 2. Fire-alarm oversight
• Highly visible problem example?
• FEMAs response to Hurricane Katrina

53
Congress and Representation

• Two contrasting theories of representation?
• Delegate theory of representation?
• Trustee theory of representation?
• Circumstances determining theory followed?
• Which theory most likely to be followed - when?
• Combination of both usually followed
• Parliamentary maneuvers cover-up
• King of the Hill vs. Queen of the Hill