CONGRESS

OVERVIEW
Created in Article I of the US Constitution.

FUNCTIONS LAWMAKING
Primary function is to pass rules that all Americans must follow lawmaking. o Regulating television to passing a federal budget, to voting on gun control. Many of the bills originate from the Executive, but only Congress can create laws. Parties, interest groups, and constituents influence members of Congress in their voting choices. Members compromise and negotiate with each other to reach agreements. Logrolling common practice, members agree to vote for one anothers bills.

REPRESENTING THE PEOPLE

Congress represents the people of the United States. Members serve their constituents, the people who live in the district from which they are elected. All politics is local - members must please their constituents if they want to stay in office, and every issue must therefore be considered from the perspectives of those constituents. There are three theories of representation, or how people choose their representatives: trustee representation, sociological representation, and agency representation. o Trustee Representation: A legislator who acts according to his/her personal belief of the broad interests of the entire society. The representative votes for what he or she thinks is right, regardless of the opinions of the constituents. A constituent who views his or her representative as a trustee need not pay close attention to political events. o Sociological: people choose a representative that resembles their ethnic, racial, religious, social, or educational background. Views of people with similar backgrounds tend to be similar, the representative will act in ways that suit his or her constituents. Again, do not need to monitor their representatives too closely. o Agency: people can fire the Congressman if they do not represent them come the next election or opportunity. Must closely monitor their representatives because they must know what the representative does in order to keep him or her accountable. A.k.a. Instructed-delegate representation. On average, members of Congress do not resemble their constituents. o The typical congressperson is a white Protestant male; lawyer; wealthier than average citizen. o # of women, African Americans, and Hispanics has increased substantially since 1990, but women and minorities are still proportionally underrepresented.

PERFORMING OVERSIGHT
Process when Congress oversees the bureaucracy and ensures that laws go into effect properly. Regularly hold hearings and launch investigations to check for abuse and waste. o E.g. Both houses had committees investigating the Watergate scandal, which eventually pushed President Richard Nixon out of office. Americans closely followed similar hearings about the IranContra scandal in the 1980s. Sometimes used for political gain. o E.g. Congress held hearings about IRS abuse of taxpayers. Although the stories told there were true, they accounted for a minuscule percentage of cases. Members were still happy to publicize the hearings in order to look like they were cracking down on the IRS, a federal agency citizens love to hate. o E.g. Sometimes fear of oversight is used as a political tool. Leading up to the 2006 elections, for example, Republicans charged that a Democratic takeover of either house of Congress would lead to punitive oversight investigations.

THE GOVERNMENT ACCOUNTABILITY OFFICE

GAO is the main investigative agency of Congress. Regularly examines federal expenditures and activities on request from Congress. GAO reports are usually nonpartisan and well researched. These reports often form the basis of new legislation and at times spark public outcry.

HELPING CONSTITUENTS
Sometimes they support legislation that will help the district for the folks back home Members also have their staff engage in casework, which helps constituents with individual problems from recommendations for military academies to signing up for Medicare. o Part of casework involves acting as an ombudsperson, a person who investigates complaints against government agencies or employees. To stay in touch with their constituents, members spend as much time in their districts as possible, performing community service, attending the openings of new businesses, and meeting with local leaders to discuss key issues. The way members of Congress behave at home is known collectively as their home style.

PORK
Ones persons pork is another persons worthy way to spend money. People often label money as pork when the money goes to someone elses district. Members of Congress help their constituents by getting money for their districts through legislation. The term pork refers to federal money that is used for a specific legislative district. A member of Congress will often insert pork into a bill in order to gain another members support or to win votes back home. o E.g. Bridge to nowhere - a bridge in a remote part of Alaska (to be built with federal money) that would be used by very few people. The bridge was inserted into the budget by Alaska senator Ted Stevens.

EDUCATING THE PUBLIC

Informs public about issues and what Congress intends to do or has done about them. Members of Congress keep in touch with their constituents and educate them on the issues through mailings and websites. Present various opinions on such issues as gun control and abortion = ^ informed public. Agenda setting - Congress picks issues about which to debate and act on o Informs people about which issues are most pressing to members of Congress and lets them know what Congress wants to do about those issues.

POWERS HOUSE OF REPRESENTATIVES EXCLUSIVE POWERS

1) Begin consideration of all money bills 2) Impeach any members of the executive or judicial branches of federal government 3) Elect the president if the Electoral College is deadlocked [1] - At the time, the Founding Fathers gave the House the power to consider money bills because it was the only elected chamber. Now, the Senate is too. [2] - Impeachment = making a formal accusation or bringing charges against any member of the other two branches. o E.g. House impeached President Clinton on 2 counts perjury and obstruction of justice. Clinton nd th was only the 2 president to be impeached by the House, but the 17 person overall. The other president was Andrew Johnson, soon acquitted by the Senate in 1868. The House has impeached [1 Senator]; [1 Supreme Court Justice]; [2 Cabinet Ministers]; [11 District (trial court) judges]. [3] Electoral College hasnt been deadlocked since 1824, making this power of the House almost redundant.

SENATE EXCLUSIVE POWERS

1) Ratify all treaties negotiated by the president 2/3 majority required. 2) Confirm many appointments (to the executive and judicial branches) made by the president simple majority required. 3) Try cases of impeachment 2/3 majority required to convict. 4) Elect VP if the Electoral College is deadlocked. [1] Although Senate approves most treaties, this is only because the president submits only those treaties that he knows the Senate will approve. This makes this power hidden. o E.g. Senate rejected the Comprehensive Test Ban Treaty. The vote was 18 short of a 2/3 majority approval. [2] E.g. ^ Same year, Senate rejected Clintons nomination of Ronnie White to be a j udge of the federal trial court 5 votes short of the simple majority approval required. [3] After House impeaches somebody, the Senate must try the case of impeachment. 2/3 of Senators must vote guilty.

JOINT POWERS

1. 2. 3. 4. 5.

Pass legislation, including the budget Conduct investigations regarding the actions of the Executive Initiate constitutional amendments Declare war Confirm the appointment of a newly appointed vice-president

1) Most important power of Congress is passing legislation. o Syn: UK Commons dominates the legislature as the House of Lords cannot prevent any from passing, they are not elected. Both chambers in the US are elected. o In US, unlike UK, both chambers have equal legislative power. All legislation must pass through all stages in both houses Both houses scrutinise legislation in relevant committees Both houses have full power of amendment over all bills usually results in two different versions after going through both houses Conference committees (set up to reconcile the two different versions of the same bill) made of members of both houses and their decisions must be agreed to by both houses. 2/3 majority required in both houses to override a presidential veto 2) Both houses have standing and select committees investigate work of the Executive branch. 3) Both houses are required to 2/3 majority approve a constitutional amendment. 4) Joint power to declare war = redundant not used since 1941, when Congress declared war on Japan after Pearl Harbour attack. 5 times in total, other including WWI. th 5) Confirm apptmt of VP = new power, granted in 1967 via 25 Amendment. If the VP office is free between elections, the president can only nominate a new VP to fill the vacancy. This must be confirmed by a simple majority in both houses. o Used twice in 1970s. President Nixon appointed Republican Minority Leader of HoR Gerald Ford as his new VP. Both houses approved easily. Nixon resigned, Ford became President, left VP free. Ford recommended Rockefeller. Approved easily in Senate, tough in House.

SUPERIOR SENATE?
Often suggested that the Senate is more prestigious than the House, and that Congressmen aspire to be Senators. This is because: Senators represent the entire state, not just part of it. Senators serve 6-year terms, 3x longer than House members. As a senator you are one of 100, rather than one of 435. Senators are therefore likely to chair a committee much sooner in their career than their House counterparts, Senators often enjoy much greater name recognition, not only in their state but often across the nation as a whole. House members frequently seek election to the senate; the reverse is almost unknown. In 2009 there were 48 former House members in the Senate. Senators are more frequently thought of as likely Presidential candidates. Recent examples include Senators, Barack Obama, Hilary Clinton, Chris Dodd and John McCain, all of whom contested their party's presidential nomination race in 2008. Senators are more frequently nominated as vice presidential running-mates. Recent examples include, senators Joe Liberman (2000), John Edwards (2004) and Joe Biden (2008).

Senators have exclusive powers, including the ratification of traties and the confirmation of appointments, which are generally agreed to be more significant than the exclusive powers enjoyed by House members.

MEMBERSHIP BACKGROUND OF MEMBERS

Made up of two houses House of Representatives and the Senate. It is bicameral two chambers. Congressmen members of the House; Senators = members of the Senate House of Representatives Senate (2 Independent) Democrats Republicans Democrats Republicans 201 234 52 46 Republican majority Democratic majority DIVIDED GOVERNMENT
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Religious make-up -first Buddhist in Senate elected 2013; 1 Hindu in Congress ever elected 2013 too.

HOUSE MEMBERSHIP
Each state has a certain number of members proportional to the population of the state. Each member represents a locality in the state called a district except in states with just 1 House member Members are elected for 2-year terms so they constantly serve for the folks back home as they must be re-elected to stay employed. Requirements to become a member of the House, as stated by the US Constitution; o >= 25 y/o o US Citizen for >= 7 yrs o Reside in the state of which your district is located Minorities: 78 minorities 72 Democrat; 6 Republican. Women: 78

SENATE MEMBERSHIP
100 members. Each state, regardless of population, has 2 senators. Both represent the entire state and are elected fro 6-year terms. 1/3of the Senate is re-elected every 2 years. As Senators are elected every 6 years, they usually only truly represent the folks back home in almost all their decisions during the last two years of their term, as they want to be re-elected. For the first 4, their place is almost confirmed for the next 6 years so they decide how theyd like. Senate elections = day as the House Constitution states requirements for a Senator: o >= 30 years old o US citizen for >= 9 years o Reside in the state you represent 30 years=old minimum vs. House 25 year-old minimum suggests that the Founding Fathers took the Senate more seriously than the House more gentlemanly Minorities: 3/100 Senators 2 Democrats; 1 Republican. Women: 20 (16 Democrat; 4 Republican)

POLITICAL ENTREPRENEURS
Someone (usually active in the fields of either politics or business) who founds a new political project, group, or political party Businessman who seeks to gain profit through subsidies, protectionism, government contracts, or other such favourable arrangements with government(s) through political influence (also known as a rentseeker). Political actor (not necessarily a politician) who seeks to further his or her own political career and popularity by pursuing the creation of policy that pleases the populace.

ELECTION TERMS AND PROCEDURES FOR HOUSE AND SENATE

BAKER V CARR AND RE-APPORTIONMENT / GERRYMANDERING

INCUMBENT ADVANTAGES

MONEY AND LOW TURNOUT

CASE FOR TERM LIMITS?

Yes
The current Congress is a dismal failure and is desperate need of new ideas, procedures, and influence. Political machines (local party voting infrastructure, redistricting power, media contacts, etc.) of incumbents make it very difficult to remove them from office. Lobbyists and big-money campaign contributors usually direct their efforts at those in power, making it difficult for a new candidate to get off the ground. Politicians are less likely to be focused on special interests and pork-barrel spending if they cannot stay in office indefinitely. Lack of term limits leads to a system of seniority, meaning those who have spent the most time in office gain more power (in committees, procedures, etc.); consequently, politicians focus on staying in office, districts & states don't receive equal power in Congress, and fresh new elected officials have limited ability to make changes. Term limits lead to a "citizen" Congress, rather than one filled with lawyers and career politicians. There is less chance for corruption of government officials if time in office is limited; new politicians are less likely to

No
Term limits kick out the good leaders who may deserve to stay in office for excellent work. Every job has a learning curve, and Congress is no exception. Any new politicians would have to go through that when they come into office. Politicians that leave office take with them a lot of experience and contacts that are essential to get things done. New leaders would have to develop these from scratch. Politicians who are in the last term of office are more likely to ignore the will of the people since they don't face the wrath of the electorate in the future.

have the knowledge to exploit the system for personal gain and are more skeptical of lobbyists & special interests. Politicians in their last term of office are more likely to ignore politics and media criticism to target what's best for the country, and they can work to establish tangible accomplishments that will build on their legacy.

Source: http://www.balancedpolitics.org/term_limits.htm MONEY AND THE INFLUENCE OF SPECIAL INTERE STS the more money donated to political parties and politicians, the more likely they will get their way in terms of policy = bribes.

PRESSURE GROUPS
Contacts with members and staff in Congress, as well as attempts to generate public support favourable to their position. Visits and phone calls, provide evidence to support their position, organise rallies, demonstrations and petition drives both in Washington and around the country, as well as engage in significant fundraising. Money raised will be used to fund politicians who support their cause and to seek to defeat those who do not. Certain policy areas have seen significant pressure group activity, including the environment, abortion, gun control, health care, welfare reform and international trade.

LEADERSHIP; COMMITTEES
Main leadership in Congress: 1) Speaker of HoR 2) Majority and Minority Leaders of both Houses 3) Standing Committee Chairs

SPEAKER OF HOR
Elected by the entire House at the start of each new Congress i.e. every 2 years Usually the nominee of the majority party in the House at the time Not required to be a serving member of House, but all Speakers have been th Next in line to Presidency after VP less significant after 25 Amendment which requires the VP to fill if there is a vacancy. Syn: Unlike Speaker of Commons, the Speaker of HoR is a political player, not a neutral referee. The Speaker is the leader of the majority party in HoR. If he is from a different party of the President, he may act as the major spokesperson for the party - ~ leader of the opposition.

POWERS
Officer of the House Interprets + enforces the rules of the House, decides points of order Assigns bills to committees Appoints only select and conference committee chairs (not Standing Committee chairs) Appoints majority party members of the House Rules Committee May exercise considerable influence in the flow of legislation through the House can give it a rough time and make it unlikely to pass if he feels it should not go through.

MAJORITY AND MINORITY LEADERS

In both houses, there is a Majority leader and a Minority leader. Elected by their party groups in each house at the start of every Congress i.e. every 2 years.

They both: Act as day-to-day directors of operations on the floor of their houses Hold press briefings to talk about their partys policy agenda Liaison between the House/Senate and the White House In Senate, make unanimous consent agreements to bring bills for debate on the Senate floor In the House, the Majority Leader is #2 to the Speaker of HoR. Most have become Speakers.

COMMITTEE HIERARCHY
Most important types of Committee in both houses: Standing Committees House Rules Committee Conference committees Select committees

OVERVIEW
Standing committees are in both houses. They are permanent; policy specialists. 16 per house. In House there are two different standing committee: House Rules Committee timetables the bills on the House floor. Standing or Official Conduct Committee deals with professional and ethical conduct of House members.

STANDING COMMITTEE
Senate standing committees: usually comprise around 18 members Permanent, policy-specialist committees most of which are divided into sub-committees House standing committees: usually comprise 40-50 members Functions: o Conduct the committee stage of bills in the legislative process Hold hearings on bills at which witnesses might appear Witnesses could be: other members of Congress, members from relevant executive departments or agencies, representatives from interest groups or professional bodies likely to be affected, or ordinary members of the public Witnesses make prepared statements and are then questioned by members of the committee o Conduct investigations within the committees policy area Investigations usually launched into perceived problems Format similar to legislative hearings witnesses, questioning and so on o Senate only: begin the confirmation process of numerous presidential appointments

Committees oversee hearings regarding appointments within their specific policy areas such as Judiciary committee for judicial appointments, or Foreign Relations for ambassadorial appointments Hearings involve hearing from supporters, or possibly critics, of the appointment Vote is not decisive only recommendatory but important clue to the overall outcome Decision made by all of Senate in the end

HOUSE RULES COMMITTEE

Responsible for prioritising bills coming from the committee stage on to the House floor for their second readings Critical one of the standing committees of the House, performs a different function tot eh rest that it is dealt with separately. Nearly all bills pass through the House Rules Committee.

FUNCTIONS
Timetables bills for consideration on the floor of the House. Deals with getting bills from the committee stage to the second reading. Prioritises most important bills, giving them quick passage to House floor. Gives a 'Rule' to each bill passing on to the floor for its second reading the 'Rule' sets out the rules of debate e.g. by stating what, if any, amendments can be made to the bill at this stage.

CONFERENCE COMMITTEE
Set up if a bill has gone through three readings in the House, tend to end up drafting final version of the bill in this case Required because both houses have equal power and because bills pass through both houses concurrently. Therefore, there are 2 different versions of each bill House and Senate verson. Likely to be very different. rd If the 2 versions of the bill are different after the 3 reading, and if the differences cant be sorted out informally, a conference committee is set up. They are: o ad-hoc set up to consider a particular bill and then disbanded o Contain members of both houses o 1 function to reconcile the differences between the 2 versions of the same bill

SELECT COMMITTEES
A.k.a. Special Committees or Investigative Committees. Nearly all are ad-hoc set up spefically ot investigate something in particular. Set up when Standing Committees investigations. o does not fall within the policy area of one standing committee; or o is likely to be so time-consuming that a standing committee would become tied up with it, thus preventing the standing committee from fulfilling its other functions. Recent high-profile Select Committees:

o o o o

Senate Select Committee on the Central Intelligence Agency House Select Committee on political assassinations Joint Select Committee on the Iran-Contra affair Senate Select Committee on the Whitewater affair

COMMITTEE CHAIR
Chairs of standing committees; seniority rule states that the chair of the standing committee will be the member of the majority party with the longest continuous service on that committee

WHAT IS THE ROLE OF COMMITTEE CHAIRMEN IN CONGRESS, AND WHY HAVE THEY BEEN THE SUBJECT OF CRITICISM?
Role Traditionally pigeonhole bills to block further progress; substantially rewrite bills; and actively work with other committee members to promote a bill Recently successive Speakers have limited them by imposed term limits; disregarding seniority to appoint favouring party loyalty; intervening directly in committee proceedings to obtain favoured outcome Still control committee agenda, funding; serve as spokesperson; supervise committee staff Criticisms Appointment through seniority rule allows them to run committees for their own benefit Can disregard national interest borderline undemocratic? Can be one corner of an iron triangle Seniority rule also called senility rule not always favoured

SENIORITY SYSTEM

SUB-COMMITTEE
Most standing committees are divided into subcommittees. o o E.g. House Science and Technology Committee Energy and Environment Subcommittee E.g. Senate Armed Services Committee Seapower Subcommittee; Strategic Forces Subcommittee

BILL OF RIGHTS

COLLEGIAL DECISION M AKING

CENTRALISATION IN THE '90S?

LEADERSHIP; PARTIES
House of Representative clear hierarchy as the Speaker is at the top, most important, whereas the bottom, least important, persons are the new Congressman, the freshmen. They are expected to follow the senior members and follow suit, otherwise there would be consequences. E.g. Syn: MEP in Germany is not as prestigious as the Chancellor, Merkel. Senate no majority leader

WEAK LEADERSHIP?

TEA PARTY?

BLUE DOGS?

SPEAKER
Senate does not have a speaker

MAJORITY PARTY LEADERS

CAUCUS GROUPS, ETC.

PARTISANSHIP AND UNITY

PARTY FRAGMENTATION

LEGISLATIVE PROCESS

1. 2. 3. 4.

First reading Committee stage Timetabling Second reading

5. 6. 7.

Third reading Conference committee Presidential action

Both houses have equal power when dealing with legislation. Bills pass through the House and Senate concurrently. 'Congress' lasts for 2 years - Any bills not completed in one Congress must start the process again at the beginning in the next Congress. A huge number of bills around 10-14,000 are introduced during a Congress. o Only a small proportion of these around 200-250 will be successfully passed into law around 3-4%. Supporters of a bill must win at every stage, whilst opponents have only to win at one stage to defeat a bill. Little in the way of party discipline in Congress, which increases the difficulties. President is unlikely to have his own party in control of both houses of Congress. House and the Senate may be controlled by different parties Senate = Democrats; House = Republicans OMNIBUS BILLS bills that cover a wide range of topics and fields, so they may be assigned to more than one committee such as Agricultural Committee and a financial committee (for a bill about agricultural management, perhaps).

FIRST READING
All 'money bills' must be introduced into the House first. No debate and no vote. Just a formality. House, bills are placed in a hopper on the clerk's desk. Senate, the title is read out. Bills are then immediately sent on to the committee stage.

COMMITTEE STAGE
Bills are referred to one of the permanent, policy specialist standing committees. nd BEFORE the 2 Reading Committees have full power of amendment. Because of huge numbers of bills being referred to each committee, many bills are pigeon-holed put to one side but never considered. For a bill to be considered, a hearing is held with witnesses appearing before the committee. o Hearings may be conducted either in the full committee or in the sub-committee. o Hearings can last from hours to days, weeks or months, depending on length of the bill and if it is controversial. Once hearings are complete, the committee holds a mark-up session (making the changes it wants) - before reporting out the bill, effectively sending it on to its next stage.

Most important stage because. Committee members are regarded as the policy specialists so others look to the committee for a lead Most bills fail here Committees have full power of amendment

committees really do have life-and-death power over bills

TIMETABLING
Legislative traffic jam as bills queue for their turn on the House and Senate floors. Dozens of committee and subcommittee rooms in each house, but only 1 floor in each chamber. Each house has their own procedure for dealing with this potential problem. o HoR uses House Rules Committee o Senate uses unanimous consent agreements (agreements between the Senate Majority and Minority Leaders on the order in which bills will be debated on the Senate floor.

SECOND READING
1st opportunity for most members to debate the bill. House, most bills are debated in the Committee of the whole House, allowing for different rules of debate. Senate, bills can be subject to filibustering. Both houses, further amendments can usually be made. Votes will be taken on amendments simple majorities required to pass. End of the debate, a vote will be taken on the bill. The vote will be either a voice vote (for non-controversial bills) or a recorded vote, in which a record of each member's vote is made. Simple majority is required to pass the bill.

THIRD READING
Final opportunity to debate the bill. If substantial amendments were made at the second reading, the third reading is likely to occur some weeks or months after the second reading and require another substantive debate. o If few amendments were made at the second reading, or these amendments were approved by large majorities, the third reading may follow on almost immediately after the second reading and be a very brief debate. At the end of the debate, another vote will be taken.

PRESIDENTIAL ACTION
A bill can be passed to the president once the House and Senate have agreed on a single version of the bill.

The president always has three options: SING BILL INTO LAW : this he will do to bills he fully supports, wants to be associated with and take credit for; he must sign the bill within ten congressional working days of receiving it. LEAVE BILL : this he will do to bills he only partly supports, those he takes no position on at all, or those he would wish to veto but has decided not to. These bills will become law without his signature within ten congressional working days. VETO : clearly opposes. He must veto the bill within ten congressional working days of receiving it by sending it back to its house of origin with a note explaining his objections.

Override the veto, 2/3 majority required in both houses. This is very difficult to achieve. Congress managed to override only two of Bill Clinton's 36 regular vetoes in 8 years. However, they overrode four of George W. Bush's 11 regular vetoes in his 8 years. POCKET VETO - At the end of a congressional session, whilst the bill is awaiting the president's action, the congressional session ends, the bill is lost. This is called a pocket veto and it cannot be overridden by Congress. If it were to start up again, it would need to go through the whole process again during Congress next session very difficult, likely to fail the second time around.
th

A year during Clintons presidency, he had a 5 option the LINE-ITEM VETO . This allowed him to sign parts of a bill into law whilst vetoing other parts to do with spending. But in 1998, the Supreme Court declared the power unconstitutional.

OVERSIGHT OF THE EXECUTIVE BRANCH CONTROL OF PURSE STRINGS

LEGISLATIVE ACTIVITY

APPROVING APPOINTMENTS

APPROVING TREATIES

GENERAL SCRUTINY