Principles of democracy and the Constitution, all the way to civil liberties and equal protection
CONGRESS
Chapter 11
The Framers:
Ambivalent about democracy
Concerned about government tyranny
Wanted an energetic government capable of accomplishing its assigned tasks.
Intended the legislative branch to be the center of policymaking
But wanted Congress to be surrounded by competing centers of power
Representation in Congress
Apportionment
Established through the Great Compromise
Based on population in the House of Representatives and on equal representation of the states in the Senate.
Election of legislators
Constitutional Differences between HR and Senate
Differences between HR and Senate Rules and Norms
Members of Congress: Who are they?
Gender and race
Occupation
One way to represent is to be similar to that which is being represented.
2018: 116th Congress—House of Representatives
2018: 115th Congress—Senate
Roles and Powers of Congress
Lawmaking
Pass bills and Resolutions to present to the president to sign
Override presidential veto by 2/3 vote of each House and Senate
Regulate interstate and foreign commerce
Regulate the appellate jurisdiction of the Supreme Court
Establish Court system
Roles cont…
Budget Decisions
Borrow money
Levy Taxes
Approve the budget
Representation Tasks
Favors for their constituents, such as citizenship issues
Sending birthday cards, etc., to people in their district
Roles p.2
Oversight and investigation
Hold hearings, issue subpoenas, conduction investigations
SENATE: approves treaties
Senate: confirms nominations to executive offices (such as diplomats) and judicial offices (such as federal judges and Supreme Court justices)
Senate: Tries impeachment
Legislative oversight of the executive branch
Reviewing the performance of executive branch agencies to ensure that laws are being properly administered and that power is not being abused
An important legislative responsibility of Congress
Primarily managed by the committees and subcommittees
Hearings
Congressional leadership
The political parties work through the leadership structure of Congress.
Leaders of the majority political party are also the leaders of the House and Senate.
Leadership in the House
Leadership in the Senate
Leadership cont…
Leadership in the House
Speaker of the House: (Nancy Polosi, CA.) chosen by the senior members of the House of the majority party
Presides over meetings of the House
Appoints members of joint committees and conference committees
Schedules legislation for floor action
Deciding points of order and interpreting the rules
Referring bills and resolutions to the appropriate standing committees of the House
Leadership in the House cont…
Majority and Minority Leaders
Elected by a caucus of the maj/minority party to foster cohesion among party members and to act as spokesperson for his/her party in the House
Majority and Minority Whip and other whips: distribute information to party members, determine how they are to vote, build coalitions
Leadership in the Senate
The two highest ranking leadership positions in the Senate are largely ceremonial
President of the Senate: The Vice-President who may vote to break a tie
President pro tempore: presides when the VP is not there. Jr. Senators actually take turns presiding over sessions of the Senate.
Leadership in the Senate cont…
Majority Floor leader and Minority Floor leader
Have the real power
Have the right to be recognized first in debate on the floor
Control scheduling of debate, influence the allocation of committee assignments for new members, influence the selection of other party officials, select members of conference committee.
Leadership in the Senate p.2
Mobilize support for partisan legislative initiatives.
Act as liaisons with the White House when the president is of their party.
Senate whips perform the same coalition building function as do the House whips
Congressional committees
Most of the work of Congress takes place in its committees and subcommittees.
Why Congress has committees: purposes
Types of committees
Committee assignments
Committee and subcommittee chairs
Rules and Norms
Types of Committees
Standing Committee (with subcommittees): permanent committees for topics such as armed services, labor, public welfare
Select Committee: created for a limited period and for a specific legislative purpose. Ex. investigate Iran-Contra
Committees p.2
Conference committees (or “joint” committees): To achieve agreement between the House and Senate on the exact working of legislative acts when the two chambers pass legislative proposals in different forms
House Rules Committee: very powerful. It is the “gatekeeper” over the terms on which legislation will reach the floor of the House. Limits on debate and how the bill may be amended.
Congressional Committees p.3
Committee on Agriculture
Committee on Appropriations
Committee on Armed Services
Committee on the Budget
Committee on Education and Labor
Committee on Energy and Commerce
Committee on Financial Services
Committee on Foreign Affairs
Committee on Homeland Security
Committee on House Administration
Committee on the Judiciary
Committee on Natural Resources
Committee on Oversight and Government Reform
Committee on Rules
Committee on Science and Technology
Committee on Small Business
Committee on Standards of Official Conduct
Committee on Transportation and Infrastructure
Committee on Veterans' Affairs
Committee on Ways and Means
Joint Committee on Taxation
House Permanent Select Committee on Intelligence
House Select Committee on Energy Independence and Global Warming
Congressional Staff
Congressional agencies that serve Congress as a whole, assisting the legislature in key areas.
General Accounting Office, which conducts audits of government agencies and programs and studies the efficiency.
Congressional Research Service: the research arm of the Library of Congress. Members can request information from them on any topic.
Congressional Budget Office provides budget information and economic forecasts, tracks congressional spending, etc.
Staff cont…
Committee staffs: average about 50 per committee. Draft legislation, arrange hearings (writing the questions the members ask), assemble coalitions, deal with lobbyists, the White House, and the bureaucracy.
Personal Staff: personal assistants (scheduling, etc.); prepare speeches, press releases, draft bills and amendments; provide constituency services.
Legislative Responsibilities: How a Bill Becomes a Law
It is extremely difficult to make law because it is relatively easy to block bills from becoming laws.
Only about 6 percent of all bills that are introduced are enacted into law.
How a Bill Becomes a Law
Step #1: Introducing a bill
A formal proposal in the form of a law that is offered for consideration in the House or Senate by one or more members (sponsors).
May be related to raising or lowering taxes, increase or decrease spending, creating a new government agency or program, making a new law on crime or some other policy area, altering or even repealing an existing law.
Step #1
Introduction: a bill is introduced by being turned in. The bill must be referred to a committee, usually the Speaker of the House has some discretion. In the Senate, committee assignment is more automatic.
#2 Committee Action
The more complicated a bill, the more committees it must go to.
Most bills die at this point.
If the bill does not die, there may be a hearing with testimony.
Then the committee will meet for a mark-up session—the bill is reviewed line by line, word by word. It is then sent to the floor
In the House, many bills must be sent to the Rules Committee to specify how much debate time is allowed and what type of amendments.
#2 Committee Action p.2
#3 Floor Action/VOTE
The House has an elaborate system of calendars for scheduling its business.
The Senate makes it possible for a minority to halt a bill by talking it to death, known as a FILIBUSTER. Can only be stopped by 3/5 of the Senators in a CLOTURE.
#4 Conference Committee
If the Senate and House drafts of a bill are different, a common version must be produced.
The Conference Committee meets to reconcile difference between the versions of the bill.
Usually composed of members from the committees in each chamber responsible for the bill.
#5 Presidential Action
Sign the bill
Veto the bill (which can be overridden by 2/3 of each House and Senate)
Do nothing. If Congress is in session, the bill becomes law after 10 days but if Congress has adjourned, the president’s inaction constitutes a POCKET VETO that Congress is unable to reverse.