Institutions of Government

Institutions of GovernmentUnit 4, Part I: Legislative Branch

35-45%

Congress

Role of Legislature• to make the law

Intent of the Framers• expected Congress to dominate other

two branches• balanced power between large and

small states• law making, impeachment, the budget

Congress

Congress

House Requirements• 25 years old• Residence in state• 7 years citizenship• two-year term• House is less male and less white

Congress

Senate Requirements• 30 years old • residence in state• 9 year citizenship• six-year term• Senate still predominately white male• senate elections are staggered so

that 1/3 is elected every two years

Congress

Congress

Congress

Size of Congress • each state has two senators (100

total)• the House is based on population

• the size of the House was set at 435 in 1929 and has not changed since

• CA has the most seats in the House (53)• several states have only one• DC has no representation

Congress

Party Dominance

Years House Senate

1933-1993Democrats controlled one or both houses of Congress

1993-2007 Republican Republican

2007-2009 Democrats Democrats

2009-2013 Republicans Democrats

2013-

Congress

Congressional Benefits1. can’t be arrested for misdemeanors2. can’t be sued (i.e., Joseph McCarthy)3. congressional pay: 27th Amendment

• wages: $133,000 ($200,000)

4. Franking: free postage/free printing5. travel allowance (junket)6. tax deduction7. health insurance8. generous pension

Congress

Staff members• provide services for

constituents• about 1/3 work in an

office back in the district of the home state

• legislative functions: proposals for legislation, hearings, meet with lobbyists

• Congress interacts through staff rather than face to face

Hemet 1600 E. Florida Ave. Suite 301 Hemet, CA 92544 Phone: (951) 658-2312 Fax: (951) 652-2562

Congress

Congressional Session• Congress meets in early

January to organize committees and elect leaders

• the President gives the State of the Union address in late January

• Congress adjourns in December and takes breaks throughout the year

• the President may call a special session to summon Congress to DC

• a House term is two-years or two sessions

2012 Senate CalendarDate Recess

Jan 23Martin Luther King, Jr. Holiday- Jan 16

Feb 20-Feb 24 Presidents' Day- Feb 20

Apr 2- Apr 13

Apr 30-May 4

May 28-Jun 1 Memorial Day- May 28

Jul 2-Jul 6 Independence Day- Jul 4

Aug 6-Sep 7 Labor Day- Sep 3

Oct 8 Columbus Day

Nov 12 Veterans' Day (observed)

Philosophies of Representation

Representational View (delegate)• votes the way constituents would vote• social policy and civil rights votes correlate to

constituents views the most• foreign policy votes do not correlate

Organizational View (partisan)• votes the way the party organization dictates• more partisan = less compromise and less dialogue

Attitudinal View (trustee)• Votes according to personal beliefs• House ideologially closer to constituents than

Senate• more emphasis on ideology in past few years

Philosophies of Representation

Party Unity• measured when

majority of Democrats and Republicans oppose each other

• partisan voting more evident in 1990s (Gingrich)

Incumbency

Definition• people in office

stay in office• no term limits has

made Congress a career

• sophomore surge (90% of House incumbents win)

Incumbency

Explanations for Incumbency• name recognition, franking, media

coverage• patronage: members try to help

constituents• House tied to local people and

concerns – little party control• committees secure ‘pork projects’ for

the district

Incumbency

Figure 11.1: Changing Percentage of First-Term Members in Congress

Incumbency

Incumbency

Redistricting• most districts are “safe” (not competitive)• CA has “impartial panel” draw the districts

instead of the state legislature• majority-minority districts drawn to give

minority populations advantage• Shaw v. Reno: Supreme Court ruled that race

can be a factor in congressional redistricting only if there is a “compelling state interest”

Structure of the Senate

President pro tempore• Daniel K. Inouye, D-HI• acts as head when VP is

absent (which is most of the time)

• senior member of majority party

• presides, keeps order, breaks tie vote Daniel K. Inouye, D-HI

http://www.senate.gov/pagelayout/senators/a_three_sections_with_teasers/leadership.htm

Structure of the Senate

Majority Leader/Minority Leader• Harry Reid, D-NV / Mitch McConnell, R-TN

elected by their parties to follow policies of national committee

• majority leader schedules Senate business

• in theory this is the most powerful position in the Senate

Majority Whip/Minority Whip• Dick Durbin, D-IL / John Kyl, R-AZ• selected by floor leaders• keeps track of attendance and voting

Dick Durbin, D-ILJohn Kyl, R-AZ

Harry Reid, D-NVMitch McConnell, R-KY

Structure of the House

Speaker of the House• John Boehner, R-OH• presides over House and

leader of the majority• decides who may speak on

the floor• assigns bills to committees• influences which bills make

it to vote• appoints members for

select committees• may cause or break a tie

John Boehner, R-OH

http://house.gov/leadership/

Structure of the House

Majority Leader/Minority Leader• Eric Cantor, VA / Nancy Pelosi,

CA• elected by their parties to follow

policies of national committee

Majority Whip/Minority Whip• Kevin McCarthy, CA / Steny

Hoyer, MD• selected by floor leaders• keeps track of attendance and

votingSteny Hoyer,

D-MD, 5th

Eric Cantor, R-VA, 7th

Kevin McCarthy, R-CA, 22nd

Nancy Pelosi, D-CA, 8th

Structure of House

Congressional Caucuses• meet outside of official structure of congress to pledge support• chare interest in both houses (black caucus)• intra-party—share ideology across party lines

Committees

Purpose of Committees 1. consider bills or

propose legislation—often suggested by executive agency

2. maintain oversight over executive agencies

3. conduct investigation into government officials

AgricultureAppropriationsArmed Services

Banking and Financial ServicesBudget

CommerceEducation and the Workforce

Government ReformHouse AdministrationInternational Relations

JudiciaryResources

RulesScience

Small BusinessStandards

Transportation and InfrastructureVeterans’ AffairsWays and Means

Committees

Committee Assignments• # of committees changes• there are fewer committees and

subcommittees since 1995 (20 in House, 18 in Senate)

• reflect regional and ideological interests

• all chairs of committees are senior members of the majority party

• a majority of every committee is from majority party

• assignments are really important to freshmen congressmen

•Democrats assigned by Steering and Policy Committee

•Republicans assigned by Committee on Committees

Committees

Subcommittee Bill of Rights, 1970s• no one may chair more than one

committee• House committee chairs elected

by secret ballot• made more subcommittees• meetings open to public

• made committees more open to public but less efficient so the Bill of Rights was modified in 1995

Committees

Standing Committees• permanent, subject-based bodies• oversee function/funding of government• ex. Health, Education, Labor, and Pensions

Select Committees• appointed for limited time for limited

purpose• ex. Select Committee on Intelligence

Joint Committees• both House and Senate participate• ex. Joint Committee on Printing

Conference Committee• Senate and House resolve differences in

legislation

Committees

Congressional Budget Office (CBO)• provides objective, nonpartisan

analysis on budget and deficit

General Accounting Office (GAO)• evaluates federal programs to more

effectively use government funds

How a Bill Becomes Law


1. Introduction• House submits bills to

the Hopper• Senate submits bills

from the floor• bill/resolution assigned

a name and number (i.e., SB 317)

Types of Bills

public bill•pertains to public affairs

private bill•pertains to private individual

pending legislation•does not carry over from one Congress to the next

revenue bill•must originate in the House


simple and concurrent resolutions• affects one or both houses,

lacks force of law, not signed by President

joint resolution• passed by both houses with

President’s signature, with force of law

• used for proposal of a constitutional amendment


2. Bill in Committee • the Speaker of the House refers

the bill to a committee• most bills ‘die’ in committee

• process dominated by the majority party

• if bill is “pigeon-holed” a discharge petition can be used• this almost never works – requires

majority vote


3. The Calendar • a bill must be placed on calendar before it is

debated• not all bills go through Congress at same

speeds• Speaker and floor leaders may influence this• business regulations and taxes move slowly• clear bills appealing to public move faster


House Rules Committee• sets rules for consideration on

floor• rules can be suspended during

debate

closed rule• sets limits on length of debate and

restricts changes

open rule• gives more leeway for changes


4. Floor Debate—The House • committee sponsoring bill

leads consideration on the floor

• usually bills that reach the floor are passed (formality)

Committee of the Whole• device to suspend rules

and move debate along


quorum• minimum to do business (a majority)

log-rolling• members pledge to support each others bills

rider• addition to a bill, added during floor debate• can be anything that the majority is willing to

add

pork-barrel (earmarks)• riders that benefit a member’s home district• notorious for being wasteful


4. Floor Debate – The Senate• no Rules Committee, debate

continues without limit until the Senate unanimously concludes to end it

Filibuster• senators can filibuster a bill to

death or add riders to kill it• hundreds of bills have been killed

by a filibuster or the threat of one• President Bush tried to get rid of

the filibuster

Strom Thurmond’s record is 23 hours and 18 minutes in 1957


Rule of Cloture• 3/5 vote of Senate can set

limits before debate begins


5. Voting • voting is public so constituents can check on

members of Congress• Senate only uses voice or standing vote

because of tradition and smaller size

• Voice Vote: exactly what it sounds like• Standing Vote or Division: ditto• Roll-Call Vote: electronic ATM-style terminals


6. The Bill Switches Houses• Constitution requires both houses to approve

the same bill• bills can go back and forth like a ping pong

ball• minor changes – the bill is sent back to the

other house and voted on• major changes may require a conference

committee• conference reports may only be accepted or

rejected (no amendments)


7. The President’s Options• the President has ten days to respond to the bill• a veto sends the bill to the house of origin• a pocket veto is when there’s less than ten days left

in the year

• 2/3 vote of both houses needed to override the veto• only 106 of 2,551 presidential vetoes have been overridden

• line-item veto declared unconstitutional by the Supreme Court


Introduced

Debated and Approved

Sent to other house

Signed by President

Approved by Committee

Sent to Committee

102nd Congress (1991-1992)

Reforming Congress

Guardians of Public Interest• Framers said Congress should transcend local

interest• compromise among competing views for entire

polity (slowly but wisely)

Term Limits• Framers considered annual elections to bind

Congress to popular will• 22 states passed term limits by 1994, Supreme

Court ruled them illegal• many states have term limits for state legislators

Reforming Congress

Other Reforms• place Congress under the law• regulate use of congressional privileges

(franking)• trim back pork by attaching names to

riders

Reforming Congress

Separation of Powers and Corruption• attempts to fragment power increases number of

people who can sell influence (money and favors)

Scandals Abound• 1941 – 1989 – nearly 50 members faces criminal

charges (most convicted)• 1978 – 1992 – 63 members charged with

misconduct • 31 sanctioned and 16 resigned or retired• recent examples – Newt Gingrich, Tom DeLay

Problems with Ethics Rules• focus on money as only source of corruption• impossible to regulate alliances and friendships in

bargaining

Powers of Congress

Strict v. Loose Construction• Jefferson – Democratic-Republicans demanded

strict reading of Constitution• expressed powers – written explicitly in

Constitution• Article I contains 18 explicit powers (ex.

interstate commerce)

• Hamilton – Federalists supported liberal interpretation

• implied powers – reasonably implied from Constitution

• elastic clause – “necessary and proper”• McCulloch v. Maryland, 1819 – John Marshall

supported the Bank of the United States and therefore implied powers

Powers of Congress

• FBI• Income Tax• U.S. Navy• Dept. of Home Security• Food Stamps• G.I. Bill• Citizenship Test• Counterfeit Laws• Print Currency

• Draft• Social Security• Farm Subsidies• Monopoly Breakups• Patent Laws• Minimum Wage• Postage Stamps• Federal District Courts

Non-Legislative Powers

Constitutional Amendments• only Congress can change the

Constitution

Presidential Appointments• cabinet, ambassadors, justices

(60% vote)

Congressional Investigations• Congress has authority to

investigate the actions of all three branches (ex. Watergate, Starr Report)


Impeachment• only Congress can

remove President or Supreme Court justice for “high crimes and misdemeanors”

• done in two steps1. majority of House for

charges of impeachment• Johnson in 1860s, Clinton

in 1990s2. 2/3 of Senate for

conviction


Treaties and War• Senate controls this by 60% vote• War Powers Act gives President some

authority over this

Limitations on Congressional Authority• bills of attainder• ex post facto laws• no taxation of exports

Institutions of Government

Documents

dca house term

totalthe house

way constituents

term members

framersexpected congress

mostforeign policy votes

officeno term limits

votesocial policy