Chapter 7: Congress
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Chapter 7: Congress
Chapter 7: Congress
o Chapter 7.1. We will trace the
roots of the legislative branch
outlined by the U.S. Constitution.
Pro_11:14 Where no counsel is,
the people fall: but in the
multitude of counsellors there is
safety.
CLASS ACTIVITY Relay Activity: Each class member will list one
express power and then hand it off to the next
individual.
The Great Compromise (Constitutional Convention)
o Resulted in the creation of an upper
house, the Senate, and the lower
house, the House of
Representatives.
o Any two-house legislature is called a
bicameral legislature.
Overview:
o Each state is represented in the
Senate by two senators
regardless of the state’s
population.
o The number of representatives
each state sends to the House of
Representatives is determined by
State population.
Requirements:
o The U.S. Constitution sets out
formal or legal requirements for
the house and senate.
o House members must be at least
twenty-five years of age.
o Senators: Thirty years of age.
Requirements:
o Members of the House are required to be citizens of the U.S. for at least seven years.
o The Senate must have been citizens for at least nine years.
o Both representatives and senators must be legal residents of the states from which they are elected.
Requirements:
o Historically, many members of
Congress have moved to their states
specifically to run for office.
o Senators are elected for six year
terms.
o Originally were chosen by the State
legislatures because the Framers
intended for Senators to represent
their state’s interest in the Senate.
Requirements:
o The Seventeenth Amendment in
1913 had Senators no longer
chosen by State Legislators but by
voters.
o One-third of all Senators are up
for reelection for every two years.
Requirements:
o Members of the House of Representatives are elected to two-year terms.
o By a vote of the eligible electorate in each congressional district.
o The Framers expected that House members would be more responsible to the people.
o Because they were elected directly by them and because they were up for reelection every two years.
Representation:
o The U.S. Constitution requires a census which entails the counting of all Americans, be conducted every ten years.
o In 1790 one member represented 30,000 people.
o But as the population grew, and states were added to the union, the House became larger.
o In 2010, the average number of people in a district was 731,000.
Representation:
o Each State is allotted its share of
these 435 representatives based
on its population.
o After each U.S. Census, the
number of seats allotted to each
state is adjusted by a
constitutionally mandated
process called apportionment.
REDISTRICTING:
o After seats are apportioned,
congressional districts must be
redrawn by the State legislature.
o To reflect population shifts to
ensure that each member in
Congress represents
approximately the same number
of residents.
CONSTITUTIONAL POWERS TO CONGRESS:
o The authorities to make laws and
raise and spend revenues.
o No Bill, or proposed law can
become law without the consent
of both houses.
Examples of both houses sharing power include:
o Power to declare war,
o raise an army and navy,
o coin money,
o regulate commerce,
o establish the federal courts and their jurisdiction,
o establish rules of immigration and naturalization.
o Make all laws which shall be necessary and proper for carrying the Execution of foregoing powers.
Necessary and Proper Clause:
o The U.S. Supreme Court, interprets
the necessary and proper clause
found at the end of Article I, Section
8 has allowed Congress to increase
the scope of its authority.
o Often at the expense of the states
and into areas not necessarily
envisioned by the framers.
Examples of both houses sharing power include:
o Congress alone is given formal law-making powers in the Constitution.
o But it is important to remember that presidents issue proclamations and executive orders with the force of law,
o Bureaucrats issue quasi-legislative rules and are charged with enforcing laws, rules, and regulations.
o Supreme Court and lower federal courts render opinions that generate principles that also have the force of law.
Examples of both houses sharing power include:
o Article I gives special, exclusive
powers to each house in addition to
their shared role in law-making.
o The Constitution specifies that all
revenue bills must originate in the
House of Representatives.
Examples of both houses sharing power include:
o Over the years this mandate has
been blurred and it is not unusual to
see budget bills being considered
simultaneously in both houses.
o Especially since, ultimately each
house must approve all bills.
Examples of both houses sharing power include:
o The House also has the power of
impeachment.
o Or to charge the president or vice
president or other civil officers
including federal judges with
treason, bribery, or other high
Crimes and Misdemeanors.
Examples of both houses sharing power include:
o But only the Senate is authorized to
conduct impeachment trials.
o A two-thirds yea vote being
necessary before a federal official
can be removed from office.
Examples of both houses sharing power include:
o The House and the Senate share in the impeachment process.
o Senate has the sole authority to approve major presidential appointments, including federal judges, ambassadors, and Cabinet and sub-Cabinet level positions.
o The Senate too must approve all presidential treaties by a two-thirds vote.
Chapter 7: Congress
o THE MEMBERS OF CONGRESS
7.2: Characterize the demographic
attributes of members of
Congress, and identify factors that
affect their chances for reelection.
INTRODUCTION
o Members of Congress must attempt to appease several constituencies.
o Constituencies include party leaders, colleagues, and lobbyists in Washington D.C., and constituents at home.
o In attempting to do so, members spend full days at home as well as in D.C.
Running and Staying in Office:
o Only 535 individuals plus seven
nonvoting members actually serve
in Congress.
o Incumbency helps members stay in
office once they are elected.
o Incumbents are people who are in
office that seeks reelection.
Incumbency:
o It is often very difficult for outsiders to win because they don’t have the advantages enjoyed by incumbents.
o Advantages include name recognition, access to free media, an inside fund-raising and district drawn to favor the incumbent.
o An average of 96 percent of the incumbents who seek reelection win their primary and general elections.
Redistricting:
o The process of redrawing congressional districts to reflect increases or decreases in seats allotted to the states.
o As well as population shifts within a state is called redistricting.
o Redistricting is a largely political process.
Redistricting:
o In most state district lines are
drawn by partisan state
legislatures.
o The Majority party in State
legislature uses redistricting as
an opportunity to ensure
formation of voting districts to
protect the majority.
Redistricting:
o The redistricting process often
involves gerrymandering.
o The drawing of congressional
districts to produce a particular
electoral outcome without regard
to the shape of the district.
Redistricting:
o Because of enormous population growth,
o The partisan implications of redistricting,
o The requirement under the Voting Rights Act of 1965 for minorities to get an equal chance to elect candidates for their choice.
o Legislators end up drawing oddly shaped districts to elect more members of their party.
Redistricting:
o The U.S. Supreme Court for a
long time considered political
redistricting based on partisan
considerations.
o But in recent cases the Supreme
Court has involved itself in
dealing with redistricting.
Redistricting:
o Congressional as well as state legislative districts must be apportioned based on population.
o District lines must be contiguous; the boundaries of the district must be drawn with one unbroken line.
o Purposeful gerrymandering of a congressional district to dilute minority strength is illegal (Voting Rights Act of 1965).
Redistricting:
o Redrawing districts to enhance
minority representation is
constitutional if race is not
“predominate” factor.
o States may redistrict more than
every ten years.
SHORT ANSWER What is impeachment? What roles do the
House and Senate play in the process?
Chapter 7: Congress
o HOW IS CONGRESS IS
ORGANIZED: 7.3.
o Assess the role of the committee
system, political parties, and
congressional leadership in
organizing congress.
(Num 1:44) These are those that
were numbered, which Moses
and Aaron numbered, and the
princes of Israel, being twelve
men: each one was for the house
of his fathers.
Overview:
o Congress is tied closely to political
parties and their strength in each
house.
o The basic division in Congress is
between majority and minority
parties.
Overview:
o The majority party is the political
party in each house with the most
members.
o The minority party is the political
party in each house with the
second most members.
Overview:
o At the beginning of each new
Congress, members of each party
formally gather in their party caucus
or conference.
o Today, the party caucuses are now
called caucus by House Democrats.
o Conference by House and Senate
Republicans and Senate Democrats
have several roles.
Roles of Caucus/Committee:
o Including nominating or electing party
officers,
o reviewing committee assignments,
o discussing party policy,
o imposing party discipline,
o setting party themes,
o and coordinating media, including talk
radio.
Roles of Caucus/Committee:
o Conference and caucus chairs
recognized party leaders who work
with other leaders in the House or
Senate.
o Each caucus or conference has
specialized committees that fulfill
certain tasks.
Overview:
o House Republicans have a
Committee on Committee that
makes Committee assignments.
o Democrats Steering Committee
performs the same function.
o Each party also has congressional
campaign committees to assist
members in their reelection bids.
Leadership in the House of Representatives: (Traditions)
o The House has always been larger.
o More strictly structured.
o More elaborate and governed by
stricter rules.
o Loyalty to the party leadership and
voting along party lines, is in the
house more than the Senate.
Leadership in the House of Representatives:
o Historically, the Speaker of the House,
o Majority and minority leaders,
o Republican and Democratic House whips
have made up the party leadership that
runs the institution.
o This group now has been expanded to
include deputy whips of both parties as
well as those who head the Democratic
Caucus and Republican Conference.
THE SPEAKER OF THE HOUSE:
o Is the only officer of the House of
Representatives specifically mentioned
in the Constitution.
o The office, the chamber’s most powerful
position is modeled after a similar one in
the British parliament.
o The speaker was the one who spoke to
the king and conveyed the wishes of the
House of Commons to the monarch.
THE SPEAKER OF THE HOUSE:
o The Speaker presides over the House of Representatives,
o Oversees House business
o Is the official spokesperson for the House as well.
o Third in line of presidential succession.
o Speaker is the House liaison with the president and generally has great political influence within the chamber.
o The speaker is also expected to smooth the passage of party-backed legislation through the House.
LEADERSHIP TEAMS:
o After the speaker, the next most powerful in the House are the majority and minority leaders.
o Who are elected in their individual party caucuses or conferences.
o The Majority leader is the head of the party controlling the most seats in the House;
o His or her counterpart in the party with the second highest number of seats is the minority leader.
o The majority leader helps the Speaker schedule proposed legislation for debate on the House floor.
LEADERSHIP TEAMS:
o The Republican and Democratic whips who are elected by the party members in caucuses, assist the Speaker and the majority and minority leaders in their leadership efforts.
o The position of whip originated in the British House of Commons where it was named after the “whipper.”
o It is also the rider who keeps hounds together in a fox hunt.
LEADERSHIP TEAMS:
o Party whips were first designated in 1899 in the House and as the name suggests, try to whip fellow Party members in Congress into line on partisan issues.
o They try to maintain close contact with all members on important votes.
o Prepare summaries of content, and implications of bills.
o Take vote counts during debates and votes,
o In general get members to toe the party line.
LEADERSHIP TEAMS:
o Whips and their deputy whips
also serve as communication
links.
o Distributing word of the party line
from leaders to rank-and-file
members and alerting leaders to
concerns in the ranks.
Leadership in the Senate:
o Organization and formal rules never have played the same role in the Senate that they do in the House.
o Through the 1960s, the Senate was a exclusive club whose folkways unwritten rules of behavior governed its operations.
o Terms of formality of how senators address each other as examples.
Presiding officers:
o The Constitution specifies that the presiding officers of the Senate is the vice president of the United States.
o Because he is not a member of the Senate, he votes only in the case of a tie.
o The official chair of the Senate is the president pro tempore or pro tem.
o Who is selected by the majority party and presides over the senate in the absence of the Vice President.
Presiding officers:
o The position of pro tem today is
primarily honorific office that
generally goes to the most senior
senator of the majority party.
o Once elected, the pro tem stays in
that office until there is change in
the majority party in the Senate.
Presiding officers:
o Since presiding over the Senate can be a rather perfunctory duty.
o Neither the vice president nor the president pro tempore actually perform the task very often.
o Instead, the duty of presiding over the Senate rotates among junior members of the majority party of the chambers.
o Allowing more senior members to attend more important meetings.
Majority Leader:
o The true leader of the Senate is the
majority leader, elected to the position
by the majority party.
o Because the Senate is smaller and
more collegial body, the majority
leader is not nearly as powerful as the
Speaker of the House.
Leadership Teams:
o The minority leader and the
Republican and Democratic whips
round out the leadership positions in
the Senate.
o They perform functions similar to
those of their House counterparts.
Leadership Teams:
o Senate rules always have given
tremendous power to individual senators;
o In most cases senators can offer any kind
of amendment to legislation on the floor.
o An individual senator can bring all work
on the floor to halt indefinitely through a
filibuster unless three-fifths of the
senators vote to cut him or her off.
The Committee System:
o This is where the bulk of the work happens.
o It is critical to the productivity and effectiveness of Congress.
o Standing Committees are the first and last places to which most bills go.
o Usually committee members play key roles in floor debate about the merits of bills that have been introduced.
The Committee System:
o When different versions of a bill are passed in the House and Senate, a conference committee with members of both houses meets to iron out the differences.
o Committee organization and specialization are especially important in the House of Representatives because of its size.
o The establishment of subcommittees allows for greater specialization.
(1) Standing Committees:
o Are the committees to which bills are
referred for consideration.
o They are called this because this
committee continued from one
Congress to the next.
(2) Joint Committees:
o Are standing committees that include
members from both houses of
congress, are set up to conduct
investigations or special studies.
o They focus public attention on major
matters such as the economy,
taxation, or scandals.
(3) Conference Committees:
o Are special joint committees created
to reconcile differences in bills passed
by the House and Senate.
o A conference committee is made up of
members from the House and Senate
committees that originally considered
the bill.
(4) Select (or special) committees:
o Temporary committees appointed for
specific purposes.
o Such as investigating 9-11.
COMMITTEES:
o The House had nineteen standing committees, with an average of thirty-one members.
o Together, these standing committees had roughly ninety subcommittees that collectively acted as eyes, ears, and hands of the House.
o They considered issues roughly parallel to those of the departments represented in the president’s cabinet.
COMMITTEES:
o Most committees in one house parallel
those in the other.
o The House Committee of Rules where no
counterpart exists in Senate plays a key
role in the House law-making process.
o The importance of the Committee on
Rules is seen with the majority party
members, are appointed directly by the
Speaker.
COMMITTEES:
o This Committee on Rules reviews most
bills after they come from a committee
and before they go to full chamber for
consideration.
o They perform a traffic cop function.
o The Committee on Rules gives each
bill what is called a rule,
COMMITTEES
o The rule contains the date the bill will
come up for debate,
o The time that will be allotted for
discussion
o Often specifies what kinds of
amendments can be offered.
COMMITTEES
o Bills considered under a closed rule cannot be amended.
o Standing Committees have considerable power.
o They can kill bills, amend them radically, or hurry them through the process.
o Committees report out to the full House or Senate only a small fraction of the bills assigned to them.
o Bills can be forced out of a House committee by a discharge petition signed by a majority (218) of the House membership.
COMMITTEES
o In contrast to the House whose members hold few committee assignments (an average of 1.8 standing and three subcommittees)
o Senators each serve on an average of three to four committees and seven subcommittees.
o Whereas the committee system allows House members to become policy or issue specialists, Senate members often are generalists.
COMMITTEES:
o Senate committees enjoy the same power over framing legislation that House committees do.
o But the Senate being an institution more open to individual input than the House, gives less deference to the work done in committees.
o In the senate, legislation is more likely to be rewritten on the floor, where all senators can generally participate and add amendments.
Committee Chairs:
o Committee chairs enjoy tremendous power and prestige.
o They are authorized to select all subcommittee chairs, call meetings and recommend majority members to sit on conference committees.
o Committee chairs may even opt to kill a bill by refusing to schedule hearings on it.
Committee Chairs:
o They also have a large committee staff
at their disposal.
o They are often recipients of favors
from lobbyists who recognize the
chair’s unique position of power.
o Personal skill, influence and expertise
are a chair’s best ally.
Committee Chairs:
o Historically, committee chairs were the
majority party members with the
longest continuous service on the
committee.
o Committee chairs in the House, unlike
the Senate, are no longer selected by
seniority, or time of continuous service
on the committee.
Committee Chairs:
o Instead potential chairs are
interviewed by party leaders to ensure
that candidates demonstrate loyalty to
the party.
o All committee chairs are limited to six
years of service on a particular
committee.
Committee Membership:
o Many newly elected members of Congress come into the body with their sights set on certain committee assignments.
o Others are more flexible.
o Many legislators seeking committee assignments inform their party’s selection committee of their preferences.
Committee Membership:
o They often request assignments based on their own interests.
o Or expertise on a particular committee’s ability to help their prospects for reelection.
o In both the House and Senate, committee membership generally reflects the party distribution within the chamber.
Committee Membership:
o The majority often takes a disproportionate share of the slots.
o On committees more critical to the operation of the House or setting of national policy.
o The Committee of Rules regulates is essential for it to manage the flow of legislation.
o No matter how narrow the majority party’s margin in the chamber,
o It makes up more than two-thirds of the committee on rules membership.
SHORT ANSWER How has the role of the Speaker of the House
changed over time? In terms of effectiveness,
how would you evaluate the current Speaker?
https://quizlet.com/_2xytyv
Chapter 7: Congress
o POWERS OF CONGRESS: 7.4, We
will identify three of the most
significant powers of Congress.
Joh_13:34 A new commandment
I give unto you, That ye love one
another; as I have loved you, that
ye also love one another.
Powers of Congress: Article I Section 7
o Framers were interested in assuring that the national government had sufficient power to govern the states.
o Thus Article I, Section 7, of the Constitution details the procedures by which Congress can make laws and raise revenues.
Article I, Section 8: Congress Power to:
o Tax,
o spend,
o regulate,
o commerce,
o coin money,
o And make “all Laws which shall be
necessary and proper for carrying
into Execution” those powers.
Powers of Congress:
o Today Congress not only makes laws dealing with substantive policy.
o But it also spends significant time negotiating and passing the nation’s budget.
o In addition in accordance with the system of checks and balances it has a key oversight role.
The Law-Making Function:
o Congress law-making power allows
it to affect the day-to-day lives of all
Americans and set policy for the
future.
o For example: proposals for
legislation (terrorism, medicare,
etc).
Proposals and Legislations Can Come From:
o The president,
o executive agencies,
o committee staff,
o Interest groups,
o Even private individuals.
Proposals and Legislations Can Come From:
o Only members of the House or Senate can formally submit a bill for congressional consideration.
o Once a bill is introduced by a member of congress, it usually reaches a dead end.
o Fewer than 5 percent make into law.
The Law-Making Function:
o A bill must survive several stages of
roadblocks before it becomes a law.
o It must be approved by one in more
standing committees and both
chambers;
o And if House and Senate versions
differ, each house must accept a
conference report solving those
differences.
The Law-Making Function:
o These multiple points of approval
provide many opportunities for
members to revise the content of
legislation;
o And may lead representatives to alter
their views on a particular piece of
legislation several times over.
o Thus it is easier to defeat a bill than it
is to get one passed.
Committee Referral:
o The House and Senate have parallel processes .
o Often the same bill is introduced in each chamber at the same time.
o A bill must be introduced by a member of Congress.
o But in an attempt to show support for the aims of the bill, it most often sponsored by several other members (called co-sponsors).
Committee Referral:
o Once introduced the bill is sent to
the clerk of the chamber who gives
it a number.
o The bill is then printed, distributed,
and sent to the appropriate
committee or committees for
consideration.
Committee Referral:
o The committee usually refers the bill to one of it subcommittees.
o Which researches the bill and decides whether to hold hearings on it.
o The subcommittee hearings provide the opportunity for those on both sides of the issue to voice their opinions.
Committee Referral:
o Most hearings are open to the public.
o After the hearings, the bill is revised in subcommittee and then the subcommittee votes to approve or defeat the bill.
o If the subcommittee votes in favor of the bill it is returned to the full committee.
Floor Debate:
o The Second stage of action takes place on the House or Senate floor.
o As previously discussed in the House, before a bill may be debated on the floor, it must be approved by the Committee on Rules.
o And given a rule and a place on the calendar or schedule (house budget bills don’t go to the committee on rules).
Floor Debate:
o In the House, the rule given to a bill determines the limits on the floor debate.
o Specifies what types of amendments, if any, become attached to the bill.
o Once the Committee on Rules considers the bill, it is put on the calendar.
Floor Debate:
o When the day arrives for floor
debate, the House may choose to
form a Committee of the Whole.
o This procedure allows the House to
deliberate with only one hundred
members present to expedite
consideration of the bill.
Floor Debate:
o During this time, amendments may
also be offered.
o A vote ultimately is taken by the
full House.
o If the bill survives, it is sent to the
Senate for consideration.
o If it was not considered there
simultaneously.
Floor Debate:
o Unlike the House, where debate is necessarily limited given the size of the body,
o Bills may be held up by a hold or a filibuster in the Senate.
o A hold is a tactic by which a senator asks to be informed before a particular bill or nomination is brought to the floor.
Floor Debate:
o This request signals the Senate
leadership and sponsors of the bill
that a colleague may have objections
to the bill (or nomination).
o And should be consulted before
further action is taken.
FILIBUSTERS:
o A formal way of halting Senate action, on a bill.
o By means of long speeches, or unlimited debate grew out of absence of rules to limit speech in the Senate.
o There is no limits on the content of a filibuster as long as a senator keeps talking.
CLOTURE MOTION:
o There is only one way to end a
filibuster.
o Sixty senators must sign a motion for
cloture.
o After cloture motion passes, the
Senate floor members may spend no
more than thirty additional hours
debating the legislation at issue.
THE CONFERENCE COMMITTEE:
o The third state of action takes place
when the two chambers of Congress
approve different versions of the
same bill.
o When this happens, they establish a
conference committee to iron out the
difference between the two versions.
THE CONFERENCE COMMITTEE:
o The conference committee, whose
members are from the original
House and Senate Committees.
o Hammers out a compromise, which
is returned to each chamber for a
final vote.
Final Approval:
o Sometimes the conference committee
fails to agree and the bill dies there.
o No changes or amendments to the
compromise version are allowed.
o If the bill is passed, it is sent to the
president who either signs it or vetoes
(rejects) it.
o If the bill is not passed in both houses,
it dies.
Four Options of the President If Bill Passes Congress:
o (1) The President Can Sign the Bill, at
which point it becomes law.
o (2) The president can veto the bill,
which is more likely to occur when the
president is of a different party from the
majority in Congress;
o Congress may override the president’s
veto with a two-thirds vote in each
chamber; a very difficult task.
Four Options Of the President:
o (3) The president can wait the full
ten days at the end of which time the
bill becomes law without his
signature if Congress is still in
session.
Four Options Of the President:
o (4) If the Congress adjourns before the ten days are up, the President can choose not to sign the bill and it is considered a pocket veto.
o The only way for a bill then to become law is for it to be reintroduced in the next session and be put through the process all over again.
The Budget Function:
o In the 1920s, congress passed and President Warren G. Harding signed into law the Budget and Accounting Act of 1921.
o This legislation requires the president for the first time to submit a budget to Congress.
o The prior year’s spending, projections and proposals, for the next year were to be included in the president’s proposal.
The Budget Function:
o Congress in turn, could alter the
allocation of appropriations.
o But could not increase the total level
of spending proposed by the
president.
Congressional Budget Act of 1974:
o Established the congressional budget
process we use today.
o The act which also created
Congressional Budget Office (CBO)
o A nonpartisan agency to help members
accurate estimations of revenues and
expenditures.
o And lay out a plan for congressional
action on the annual budget resolution.
Congressional Budget Act of 1974:
o This establishes the levels of
spending for the federal government
and its agencies during the next
fiscal year.
o (The federal government fiscal year
runs from October 1 of one year to
September 30 of the next).
Congressional Budget Act of 1974:
o One special process detailed by the Congressional Budget Act of 1974 is reconciliation.
o The Reconciliation procedure allows consideration of controversial issues affecting the budget by limiting debate to twenty hours.
o Thereby ending a threat to a filibuster in the Senate.
Congressional Budget Act of 1974:
o Also incudes a timetable intended to
make sure that action on the budget
is taken in a timely fashion.
o Under this timeline, Congress must
complete initial action on the budget
resolution by April 15 of the
preceding fiscal year.
Congressional Budget Act of 1974:
o The budget resolution or a continuing
resolution allowing the government to
continue to spend money at the same
rates at the previous fiscal year.
o It must be approved by the start of the
new fiscal year on October 1.
Pork and Earmarks:
o Representatives often seek to win appropriations known as pork, legislation.
o Pork allows representatives to bring money and jobs to their districts in the form of public works programs, military programs, or other programs.
o Usually these are considered programs that are not necessary but rather desired.
Pork and Earmarks:
o Many of these programs are called
earmarks.
o Because they are funds that an
appropriations bill designates for
specific projects within a state or
congressional district.
Oversight Function:
o Historically Congress has performed
its oversight function by holding
committee hearings.
o Questioning bureacrats to see if they
are enforcing and interpreting the
laws as intended by Congress.
Oversight Function:
o Hearings are often televised and may
focus on particular executive branch
actions.
o It often signal that Congress believes
changes in policy need to be made
before an agency next comes before
the committee to justify its budget.
o Hearings also are used to improve
program administration.
Oversight Function:
o Since most members of House and
Senate committees and
subcommittees are interested in the
issues under their jurisdiction.
o They often want to help and not
hinder policy makers.
Oversight Function:
o The Senate also has the power to
offer advise and consent on
executive and judicial branch
nominees.
o Congress’s ultimate oversight
power, is the power to impeach
other federal officials and remove
them from office.
The War Powers Act:
o Passed during the Vietnam War.
o The act requires presidents to obtain
congressional approval before
committing U.S. forces to a combat
zone.
o It also requires them to notify
Congress within forty-eight hours of
committing troops to foreign soil.
The War Powers Act:
o In addition, the president must withdraw troops within sixty days unless Congress votes to declare war.
o The president is required to consult with Congress, if its at all possible, prior to committing troops.
o It has limited effectiveness as presidents often did not consult congress before citing national security reasons.
Congressional Review:
o Allows Congress to exercise its
oversight powers by nullifying agency
regulations.
o Under the home rule charter of the
District of Columbia, the House and
Senate may also nullify actions of
the Washington D.C. City Council.
Congressional Review:
o This process is called congressional
review.
o If Congress uses this oversight power it
has sixty days after the implementation
of an administration action.
o To pass a joint resolution of legislative
disapproval.
o The resolution must also be signed by
the president.
Senate Oversight Function:
o The Senates special oversight function is the ability to confirm key members of the executive branch.
o As well as presidential appointments to the federal courts.
o Senate generally confirms most presidential nominees,
o It does not always do so.
o A wise president considers the senates reaction before nominating a potentially controversial individual.
Senatorial Courtesy:
o In the case of federal district court
appointments, senators often have
considerable say in the nomination
of judges from their states.
o A process by which presidents
generally defer to the senators who
represent the state where the
vacancy occurs.
Impeachment:
o Is Congress’s oversight of the U.S. president and federal court judges.
o The Constitution specifies that a president can be impeached for treason, bribery, or other high crimes and misdemeanors.
o It is likely referring to abuse of power.
o House and Senate rules control how the impeachment process operates.
SHORT ANSWER How does Congress fulfill its oversight role?
Chapter 7: Congress
o HOW MEMBERS OF CONGRESS
MAKE DECISIONS:
o 7.5 We will analyze factors that
influence how members of
Congress make decisions.
(Deu 1:13) Take you wise men,
and understanding, and known
among your tribes, and I will
make them rulers over you.
ACTIVITY Demonstrate Trustee, Delegate, Politico, and
logrolling.
Decisions:
o How do members of congress
vote?
o There are three theories:
Decisions: Trustees
o Role played by an elected
representative who listen to
constituents opinions.
o Then uses his or her best judgment
to make a final decision.
Delegates:
o Role played by an elected
representative who votes the way his or
her constituents would want him or her
to regardless of his or her own opinions.
o Delegates therefore must be ready and
willing to vote against their conscience.
o Or personal policy preferences if they
know how their constituents feel about
a particular issue.
Politico:
o Role played by an elected
representative who acts as a
trustee or as a delegate, depending
on the issue.
Political Parties:
o The Political Parties have great
influence in Congress.
o Congressional party unity, a
measure of solidarity of the
members of a political party, has
reached historically high levels in
recent years.
INCENTIVES TO VOTE WITH THEIR PARTY:
o Offer members campaign support through party organizations or member-to-member political action committees (PAC) for their reelection campaigns.
o Leadership in both houses may offer committee assignments or chairs as rewards to members who toe the party line.
DIVIDED GOVERNMENT:
o The political condition in which the
different political parties control
the presidency and congress.
o Where there can be fierce political
conflict upon party lines.
Unified Government:
o The political condition in
which the same political
party controls the presidency
and congress.
o Where legislation gets to be
passed easier than a divided
government.
Constituents:
o The people who live and vote in a representative’s home district or State are always in a member’s mind when casting votes.
o It is rare for legislator to vote against the wishes of his or her constituents regularly.
o Particularly on issues on social welfare, domestic policy, or other important issues.
Constituents:
o In short, legislators tend to act on their own preferences as trustees.
o When dealing with topics that have come through the committees on what they serve.
o Or what issues that they would know about as a result of experience in other contexts such as their occupation/vocation.
Colleagues and Caucuses:
o When members must vote on bills
about issues on which they know very
little.
o They often turn for advice to
colleagues who have served on the
committee that handled the
legislation.
Logrolling:
o On issues that are of little interest to a
legislator, (logrolling) vote trading often
occurs.
o This often takes place on specialized
bills targeting money or projects to
selected congressional districts.
o An unaffected member may exchange a
yea vote for a promise for a future yea
vote on another specialized legislation.
Special Interest Caucuses:
o Members may also look to other
representatives who share common
interests.
o special-interest caucuses created
around issues, home states, regions,
congressional class of commonalities
facilitate this communication.
Lobbyists: Primary Function:
o Whether they work for interest
groups, trade associations, or
large corporations.
o Is to provide information to
supportive or potentially
supportive legislators,
committees, and their staffs.
Interest Groups, Lobbyists and Political Action Committees:
o Organized interests can win over undecided legislators.
o Or confirm the support of their friends by providing information that legislators use to justify the position they embraced.
o They also can supply direct campaign contributions, volunteers, and publicity to members seeking reelection.
Political Action Committees:
o For those in Congress without huge
personal fortunes, they are wiling
to receive contributions.
o Political Action Committees (PACS)
organized by interest groups are a
major source of most members
campaign funding.
Interest Groups, Lobbyists and Political Action Committees:
o When an issue comes up that is
of little consequence to a
member’s constituents,
o There is tendency to support the
positions of those interests who
helped pay for the last campaign.
Interest Groups, Lobbyists and Political Action Committees:
o Interest groups also use grassroots appeals to pressure legislators.
o By urging their members in a particular state or district to call, write, or contact their senators or representatives.
o Lobbyists can’t vote but constituents back home can and do.
Staff and Support Agencies:
o Members of Congress can rely heavily on their staffs for information on pending legislation.
o When a bill is non-ideological or one on which the member has no real position, staff members can be very influential.
o In many offices, they are the greatest influence on their boss’ s votes.
Chapter 7: Congress
o TOWARD REFORM BALANCING
INSTITUTIONAL POWER 7.6
Evaluate the strategic interactions
between Congress, the presidents,
and the courts.
Congress and Executive:
o Balance of power between Congress and the President seesawed over time.
o Andrew Johnson was an example of a weak president, and congress was the center of power and authority in the federal Government.
o Beginning in the 1900s a series of strong presidents acted at the expense of congressional power.
Congress and Executive:
o President Franklin Roosevelt
asserted a strong role in the
legislative process.
o Today, congress often finds itself
responding to executive-branch
proposals.
Congress and Judiciary:
o Supreme Court has the ability to
strike down laws of Congress.
o Congress also interacts with the
judiciary in a number of other ways.
Congress and Judiciary:
o It is ultimately up to congress to determine the number of judges on each court.
o As well as the boundaries of judicial districts and circuits (Jurisdicton).
o Congress also sets the jurisdiction of the federal courts.
o When faced with decisions from the courts Congress does not like, Congress can reassert the jurisdiction issue.
SHORT ANSWER What are the three representative styles
members of Congress may embody? Give
examples of each.
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