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Unit 4 – Legislative Branch - Congress
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Unit 4 – Legislative Branch - Congress

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1. Congress(legislative)

a. As a whole:i. Coin Moneyii. Declare Wariii. Provide for navy and armyiv. Regulate commerce.v. No ex post facto laws or Bills of attainder

b. House of Representativesi. Money bills must be introduced here.ii. Based on populationiii. CA has mostiv. PA has 19v. Each state has at least 1vi. 435 membersvii. Elected every two years. viii. Districts are large = only upper class could run for office.

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c. Senate

i. Upper house – 100 members

ii. Elected by state legislatures until 17 amendment in 1913

iii. Six year terms – detached from people

iv. Only 1/3 of Senate up for election at a time – continuous body

v. Advice and consent to the President.

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E. Congressional Members

– About $160,000 a year plus pension– Offices capital & in district, plus personnel.– Travel allowances and franking privileges.– Often requires 10 to 14 hour days, lots of

time away from the family, and lots of pressure from different people to “do the right thing.”

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The Representatives and Senators

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2. Structure

a. House of Representativesi. 435 membersii. Speaker of House keeps order.iii. Nancy Pelosi is elected by majority.

b. Senatei. 100 membersii. Vice President is President of Senate and casts tie

breaking votes.iii. President Pro Tempore takes over occasionally – is

senior member of the majority party. Senator William Byrd – 1952

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3. Party Organization

A. Each party elects a leader to plan what topics they will discuss.

i. Majority leader in charge of majority partyii. Minority leader in charge of minority party

B. Each party elects a whip to keep party members in line. Second in command.

C. Conference leader in charge of elections – third I n charge.

D. The party with the most people is called the majority and with the least is called the minority.

E. The majority leader decides what issues they will vote on and how to set up committees. In House, Speaker has final say.

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4. Business

A. Each house has a manual or rule book.i. House rules are long and complex to sizeii. Senate book is shorter and there is more individuality.

B. The parliamentarian makes sure the rules are followed. C. Most members do not know all of the rules. D. Bills are developed on behalf of constituents, lobbyists, party, or

president. E. Bills become laws and have to be passed by both houses.F. Joint resolutions are shorter and become law, usually for the

constitution.G. Other resolutions do not become law – they are just declarations.

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5. Committees

A. Lead by a chairperson – senior member of majority party.

B. Ranking member is the minority member with most seniority.

C. All committees are structured so the majority party holds more of the seats.

D. They decide what bills to review, when to meet, and what hearings to hold.

E. Each committee focuses on a specific topic like the military or science.

F. Most bills “die” in committee. G. Many bills are referred to subcommittee.

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h. Policy

• Standing committees: Permanent committee.• Joint committees: few exist. Made of both

houses. • Conference committees: create identical bills.• Select committees: temporary and for something

special.

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i. Assignments

• Re-election and importance of committee are key.

• Freshmen members let party leadership know their interests.

• Support of the party leadership is key• Seniority is a big factor. • Importance to party electorate is significant.

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j. Structure of Committees

• Chair is the best position.• Chosen by seniority system unless there is

conflict with leadership.• Positions and committee assignments can

change and are sometimes limited in term.

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k. Caucus

– Group of members that share something in common.

– Place pressure on members to vote a certain way on bills that are important to them.

– Better than lobbyists.

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l. Employees

– In each members’ office is a personal staff and Chief of Staff.

– Staff of each committee track paperwork, schedule and hearings.

– Agencies: CRS, GAO, CBO research special areas like the budget, auditing, etc.

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6. History of the Congress 1789-1850

A. Meets first time in NYC in 1789.B. Waited for new members to travel. C. Hires clerks, sets up procedure.D. NW territory established.E. New states admitted (Vermont first).F. Dominated domestic policy. G. 1802 – Judiciary Act passed that shapes other branch.H. 1812 – Declaration of War passed against Britain when asked for

by President Madison. I. Federalists oppose it and the party dies due to “lack of

patriotism.”J. 1820 – Missouri Compromise

i. Missouri became a slave state.ii. Maine becomes a free state.iii. The 36 – 30 line divides the nation between slave and free.iv. Slaveholder John Calhoun is against the bill, Henry Clay supports it.

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G. 1824 – Speaker Henry Clay helps Congress choose John Q. Adams to be president, this angers A. Jackson.

H. Jackson becomes president and fights Congress to be the strongest branch.

I. Congress attempts to override vetoes of president.J. Whig controlled Congress leans nationalist.K. 1834 – Jackson is censured by Congress.L. Slavery is most divisive issue and is sectional.M. 1836 – Gag rule is placed so no one can talk about slavery.N. Compromise of 1850 passed.

i. Sick Henry Clay designs it, Daniel Webster speaks on his behalf.ii. California becomes free stateiii. Popular sovereignty allowed in Utah and New Mexico.iv. Texas paid for lost land.v. Slave trade abolished in DC. vi. Fugitive Slave Act forces Northerners to help capture slaves.

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7. Civil War and Reconstruction

a. 1856 – Kansas-Nebraska Act is presented by Sen. Stephen Douglas in hopes of winning presidency.

b. 1856 – Rep. Preston Brooks beats Sen. Charles Sumner with cane for insulting the South.

c. Both rewarded as heroes of their sections. d. 1861 – Congressman who do not show up are kicked out.e. Post war –

i. Congress passes the Tenure of Office Act. ii. Johnson violates when he fires the Secretary of War Edwin Stanton.iii. President Johnson is impeached by House, but not removed by Senate.

f. Radical Republicans in Congress run the nation and reconstruct the South.

i. Charles Sumner of the Senate and Representative Thaddeus Stevens lead.ii. They want equality for blacks.

g. Reconstruction ends when Congressional investigation gives presidency to Republican Rutherford B. Hayes. He promises to pull troops out.

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8. Twentieth Century Congress

a. Congress is disturbed by overreach of president from TR to Wilson. b. Isolationist Sen. Henry Cabot Lodge leads charge against League of

Nations leading up to 1920.c. Wilson and White House are weakened. d. New Deal Democrats take charge of Congress, support FDR from 1930-

1945.e. Congress is weakened. f. House Un-American Activities Committee and Senate Permanent

Subcommittee on Investigations look for Communists. g. Nixon gains fame in House, but McCarthy is eventually censured.h. McCarthy went too far and accused the Army of being communist. i. Pork barrel spending skyrockets, especially with transportation bill in the

1950’s after the first Interstate Highway system was developed. j. House investigates Watergate scandal, leads to Nixon’s investigation in

the 1970’s.

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9. Reagan Eraa. Senate investigates Iran-Contra scandal, where guns

were traded for people. b. Senate rejects Robert Bork for Supreme Court.c. Republicans take back Congress in 1994.d. Newt Gingrich (R) and Bob Dole (R) declare a

“Contract with America.”i. Balance the budgetii. Lower taxesiii. Have term limitsiv. Equal to executive branch

e. Whitewater Investigation in House spreads to Monica Lewinsky affair.

f. Americans are upset over $10 million spent.g. Republicans lose seats steadily for years.

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10. How a Bill becomes a Law

a. Congressman creates a bill.b. Goes to subcommittee.c. Reviewed, then killed or moved to floor.d. Goes to committee.e. Repeat Step C.f. Floor Debate occurs – decided by Majority Leaders.

i. House is limited to five minute speeches.ii. Senate may speak indefinitely (filibuster of 1957 over Civil Rights

lasted over 24 hours). g. May go to conference committee so bills are identical in both

houses.h. Repeat Step Fi. President can…

i. Signs into law. ii. Veto – Dies or goes back to Step F.iii. Pocket Veto – ignore it and it becomes law.

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Figure 12.1

Congressional Elections

• Who Wins Elections?– Incumbent: Those already holding office.

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Congressional Elections

• The Advantages of Incumbents– Advertising:

• The goal is to be visible to your voters.• Frequent trips home & newsletters are used.

– Credit Claiming:• Service to individuals in their district.• Casework: specifically helping constituents get what they

think they have a right to.• Pork Barrel: federal projects, grants, etc. made available in a

congressional district or state.

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Congressional Elections

• The Advantages of Incumbents– Position Taking:

• Portray themselves as hard working, dedicated individuals.• Occasionally take a partisan stand on an issue.

– Weak Opponents:• Most opponents are inexperienced in politics.• Most opponents are unorganized and underfunded.

– Campaign Spending:• Challengers need to raise large sums to defeat an

incumbent.• PACs give most of their money to incumbents.• Does PAC money “buy” votes in Congress?

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Congressional Elections

• The Role of Party Identification– Most members represent the majority party in

their district.

• Defeating Incumbents– Some incumbents face problems after a

scandal or other complication in office.– They may face redistricting.– They may become a victim of a major political

tidal wave.

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Congressional Elections

• Open Seats– Greater likelihood of competition.

• Stability and Change– Incumbents provide stability in Congress.– Change in Congress occurs less frequently

through elections.– Are term limits an answer?

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Understanding Congress

• Congress and the Scope of Government– The more policies Congress works on, the

more ways they can serve their constituencies.

– The more programs that get created, the bigger government gets.

– Everybody wants government programs cut, just not their programs.

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Questions

1. Who are bills made for and why? a. Page 116b. Skip to Bill Referral on page 118.

2. What ways can a bill be referred and what is the difference?

3. What can a committee do with a bill?4. Why doesn’t a bill go straight from committee to the

floor?5. Who is involved in calling a bill to the floor? 6. What is the difference between debate in the House

and Senate? 7. How do amendments impact the bill process? 8. How does a conference committee work to resolve

differences and who sits on the committee?