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					C H A P T E R 11
  Congress
Functions of Congress
  1. Representation
  2. Law making
  3. Consensus building
  4. Overseeing the bureaucracy
  5. Policy clarification
  6. Confirming by a majority vote presidential
   appointees (for the Senate)
  7. Investigating the operation of government
         Two Houses of Congress
    The Constitution creates a bicameral
       legislature for three reasons:
Historical: The British Parliament consisted of two
houses since the 1300s, and many colonial assemblies
were similar in form.
Practical: A bicameral legislature was necessary to
compromise the Virginia and New Jersey plans of
representation.
Theoretical: The Framers favored a bicameral
Congress in order that one house might act as a check
on the other.
        Representatives of the People
Senators and representatives are elected to represent
 people. As legislators, they have four voting options:
                Trustees                 Delegates
      Trustees believe that       Delegates see themselves
      each question they face     as agents of the people
      must be decided on its      who elected them.
      merits.
                Partisans                  Politicos
      Lawmakers who owe           Politicos attempt to
      their first allegiance to   combine the basic
      their political party are   elements of the trustee,
      partisans.                  delegate, and partisan
                                  roles.
  Structure of the Congress
 435 in House
   2yr. term
   25 qualifying age
   7 Year residency
 100 in Senate
   6 yr. Term
   30 qualifying ages
   9 year residency
 The date for the start of each new term has been set by the
  Twentieth Amendment (1933) as “noon of the 3rd day of
  January” of every odd-numbered year.

 The Constitution provides that the total number of seats in
  the House and is apportioned (distributed) among the States
  based on population. Each represents roughly 750,000
              Sessions of Congress

  A session is the regular period of time
during which Congress conducts business.
• Congress adjourns, or suspends until the next session,
  each regular session as it sees fit.
• If necessary, the President has the power to prorogue, or
  adjourn, a session, but only when the two houses cannot
  agree on a date for adjournment.
• Only the President may call Congress into a special
  session—a meeting to deal with some emergency
  situation.
               Congress Convenes
The House has formal organizational meetings at the
  beginning of each term to determine committee
  membership and standing officers.

The Senate, because it is a continuous body, has fewer
  organizational issues to address at the start of each term.

When Congress is organized, the President presents a
  State of the Union message to a joint session of Congress.
  This message, in which the President reports on the state
  of the nation as he sees it, is given annually.
           Congressional Elections
Congressional elections are held on the Tuesday
  following the first Monday in November of each
  even-numbered year.
Off-year elections are those congressional
  elections held between presidential elections.
Incumbents have a 95% chance of re-election
Presidents party usually looses seats in off- year
  elections Example: 2006 Exception: 2002
                Reapportionment
    Article I of the Constitution directs Congress to
   reapportion—redistribute—the seats in the House
                after each decennial census.

As the United States grew in population, the
  number of representatives in the House also grew.

The Reapportionment Act of 1929 set the
  ―permanent‖ size of the House at 435 members, and
  provided for ―automatic reapportionment.‖
Current Apportionment
110th U.S. Congress
 The 110th United States Congress was sworn in on January 4, 2007.
  It will be in session through noon, January 4, 2009.
 Totals are 233 Democrats and 202 Republicans in the U.S. House of
  Representatives and 49 Democrats, 49 Republicans and 2
  Independents in the U.S. Senate.
   1 from Vermont, junior, and one is Joe Lieberman


   There are currently 4 TBD seats in the House…


   The most underrepresented group by far in Congress is women
   • THE AVERAGE AGE IN THE 110TH CONGRESS IS 57. THE AVERAGE AGE OF
    HOUSE MEMBERS IS 55.9; THE AVERAGE AGE OF SENATORS 61.7.
   • THE AVERAGE AGE OF FRESHMAN MEMBERS OF THE HOUSE IS 49.3 AND THE
    AVERAGE AGE OF FRESHMAN MEMBERS OF THE SENATE IS 54.2
   • THERE ARE 90 WOMEN IN THE 110TH CONGRESS, 74 IN THE HOUSE,
    INCLUDING THREE DELEGATES, AND 16 IN THE SENATE.
   • THERE ARE 10 WOMEN IN THE FRESHMAN CLASS OF THE HOUSE AND TWO
    WOMEN IN THE FRESHMAN CLASS OF THE SENATE.
   • THERE ARE 42 BLACK MEMBERS OF THE HOUSE. OF THESE, THREE ARE
    FRESHMEN AND TWO ARE DELEGATES. THERE IS ONE BLACK SENATOR.
   • THERE ARE 27 HISPANIC MEMBERS OF THE HOUSE, INCLUDING ONE
    DELEGATE. OF THESE, ONE IS A FRESHMAN. THE SENATE HAS THREE HISPANIC
    MEMBERS.
   • The freshman class of the House has the first Muslim and the first two Buddhists to
    serve in Congress. The rest of the class comprises 45 Christians and six Jews. Of the
    Christians, there are 18 Roman Catholics, 17 Protestants, six nondenominational
    Christians, three Greek Orthodox Christians and one Mormon.
  Districting and apportionment
 The Constitution gives Congress the right to apportion
  representatives and Congress has given state legislatures
  control over the drawing of their respective congressional
  districts
 Subject to a governors veto, state legislatures draw the
  district lines for the House of Representatives
    Party in control of the state legislature traditionally draws the
     lines to enhance its own political fortunes, which is called
     gerrymandering
 State legislatures are free to draw congressional districts as
  they wish, subject to some constitutional limitations
 Each district must be equal in population, or as equal as
  possible (Westbury v. Sanders decision -1964) redistricting
  occurs once a decade, after each national census
       One man, one vote
       Cannot be done along racial lines
        Districts and Gerrymandering
Under the single-             Districts that have unusual
  member district                shapes or even defy
  arrangement, the voter’s       description have sometimes
  in each district elect one     been gerrymandered.
  of the State’s               Gerrymandering refers to the
  representatives.               act of drawing congressional
The general-ticket              districts to the advantage of
                                 the political party that controls
  system, no longer in use,      the State legislature.
  provided that all of a
  State’s seats were filled
  at-large.
Arizona
Congressional
District
               Size, Election, and Terms
 The Constitution says that the Senate ―shall be composed of two
   Senators from each State.‖ Today’s Senate consists of 100 Senators.
 Originally, the Constitution provided that senators were chosen by the
   State legislatures.
 In 1912 the Seventeenth Amendment was passed and called for the
   popular election of senators.
 Senators serve for six-year terms.
 The Senate is a continuous body, meaning that all of its seats are
   never up for election at the same time.
 ONLY 1/3 of the Senate is up for re-election every 2 years
 Senators have more diverse policy interests than do members of the
   House,
 Serve on more committees,
 Are more likely to wield power in their state parties
 The Senate is a more open, fluid, and decentralized body now than it
   used to be. More clout
 Filibustering is only allowed in the Senate.
 Senate = direct influence of the President
                                    Compensation
   Today, senators and representatives are paid a salary of $165,200 a year.
   The franking privilege allows members of Congress to mail letters and other materials
    postage-free by substituting their facsimile signature (frank) for the postage.
   The Constitution says that Congress fixes its own ―compensation.‖ Therefore, the only
    real limits to congressional pay are the President’s veto and fear of voter backlash
    against a pay increase. (27TH AMENDMENT = takes affect next term)
    Limited by veto and voters

   FRINGE BENEFITS =
    1.   Tax deduction for two residencies
    2.   Travel allowance
    3.   Free and best heath care
    4.   Amazing pension plan
    5.   Offices and office staff
    6.   Gym, pool, cars, etc.
        Membership Privileges

Members of           More importantly, the
                       Speech and Debate
 Congress are          Clause (Article I,
 immune from arrest    Section 6, Clause 1)
 for non-criminal      protects
 offenses while        representatives and
                       senators from suits for
 engaged in            libel or slander arising
 congressional         from their official
 business.             conduct.
SENATE   HOUSE
Powers of Congress – Chapter 11
The most powerful branch?
Three types of Power: expressed, implied, inherent
Expressed Powers: Article 1 section 8 lists 27!!!
   Congress controls the $$$$$$ of government
   Congress is the part of government that taxes the people (16th Amendment)
   The govt. collected over 3.5 trillion in taxes in ’06 = $3,500,000,000,000 +
   May not tax exports but imports are ok
Borrowing power
  Deficit financing – govt. spends more than it takes in in a given year
   and therefore borrows to make it up
  Govt borrows from countries, and selling of bonds
  Debt = over 10 trillion and about 90% is owed to Americans

Commerce power
  Congress has power to regulate foreign and interstate business
  Gibbons v. Ogden = broad definition of ―commerce‖
 Currency Power
    Provides us with a uniform currency, works with Federal Reserve

 Bankruptcy Power – new laws
    This is a concurrent power but most cases heard in federal courts

 Foreign Relations Powers
    Shares these with the president
    8 of expressed powers deal with war and national defense
    Congress ONLY has power to declare war
    Congress advocates all $ for foreign policy
 War Powers Resolution – 1973
   On the heels of the Vietnam War – technically not a war
   This gives Congress the power to restrict the use of American forces
    in combat areas where war does NOT exist
   It has rendered totally ineffective
   President must report deployment within 48 hours
   60 day deployment limit before approval from Congress
   Congress has a tough job here: want to look patriotic
Other Expressed Powers
 Control rules and regulations of naturalization – give to states
 Establish post offices, routes, crimes
 Weights and measures – approved metric system in 1866
 Copyrights and Patents
 Power to acquire and dispose of territories: eminent domain
 Creates lower courts, approves judges
 Defines federal crimes and sets punishments
Implied Powers = Necessary and Proper Clause

 Also called the Elastic clause or the convenient and useful clause
 McCulloch v. Maryland: 1819 Chief Justice John Marshall
 Gave broad definition to necessary and proper
 Gave federal govt. more powers using the supremacy clause
 Congress must justify anything it does but with the vague terminology of
  the Constitution and since they define justification it allows them to do
  almost anything
Nonlegislative Powers – Inherent
 Constitutional Amendments – proposal by 2/3
 House chooses if tie in electoral college(twice)
 Impeachment = bring charges against
    House does it, Senate tries cases then decides on removal, C.J. presides

 Appointments – all major pres. Ones by ½ vote exception: staff
 Treaties – Senate must ratify by 2/3 vote
 Investigatory Power = used to gather information for legislation, expose
   questionable activities, or oversee executive agencies. Done frequently
   in the form of a hearing. Can be govt. or other persons
     Office of Independent Counsel was created to investigate president only
House Leadership
 Republicans
  Minority Leader: John Boehner (Oh)
 Minority Whip: Roy Blunt (Mo)
 Democrats
 Speaker of the House: Nancy Pelosi (Ca)   1st woman
 Majority Leader: Steny Hoyer (Md)
 Majority Whip: James Clyburn (SC)
  Senate Leadership


 Republicans
 President of the Senate = Vice President Cheney ONLY tie-breaking vote
 Minority Leader: Mitch McConnell (Ky)
 Minority Whip: Trent Lott (Miss)
 Democrats
 President Pro Tempore: Robert Byrd (WV)
 Majority Leader: Harry Reid (Nev)
 Majority Whip: Dick Durbin (Ill)
  The House of Representatives


 The Speaker and other leaders
 The Speaker is formally elected by the House yet is actually
  selected by the majority party; the Speaker directs business on
  the floor of the House, and is very influential
   The Speaker names the members of all select and conference committees,
    and signs all bills and resolutions passed by the House. Also assigns
    bills to committees
   The majority leader assists the Speaker by helping plan party strategy,
    conferring with other party leaders, and trying to keep members of the
    party in line
   The minority leader does the same for the other party
   Whips assist each floor leader, serving as liaisons between the house
    leadership of each party and the rank-and-file
 The House Rules Committee
Helps regulate the time of floor debate for each bill as
  well as limitations on floor amendments
Closed rule versus open rule
They are the traffic coppos of Congress
Permanent Committees of Congress
Ways and Means Committee
The House Committee on Ways and Means is the
 oldest standing committee in Congress. It was
 created in 1789 and has jurisdiction over
 legislation, methods, and means of raising revenue
 for the use of the government. In addition to
 legislating, the Committee exercises broad
 oversight authority over economic policy,
 international trade, welfare, Social Security,
 Medicare and health care policy.
                  Congressional Staff
Staffers draft bills, conduct research, and do much of
  the legislative negotiating and coalition building, often
  influencing legislative decisions.
Party
  • Partisan voting has increased; party differences are stronger
    over domestic, regulatory, and welfare reform measures than
    over foreign policy or civil liberty issues.
  • Very strong partisan differences in Clinton’s impeachment
    (98% each way).

Interest groups – Lobbyists work for them
  • In addition to their roles as financiers of elections, they
    provide information.
  • They can mobilize grassroots activists to lobby Congress.
Bill
to
 a
Law
                       The First Steps
A bill is a proposed law presented to the House or Senate for
  consideration.

The clerk of the House numbers each bill, gives it a short title,
  and enters it into the House Journal and the Congressional
  Record for the day. With these actions the bill has received its
  first reading.

The bill is sent to the appropriate committee to be discussed,
  debated and defended or opposed.
   Hearings, riders and changes
   Often sent to a subcommittee

   90% of all bills never make it out of committee
                   Committee Actions

When a subcommittee has completed its work on a bill, it
returns to the full committee. The full committee may do
                   one of several things:
1. Report the bill favorably, with a ―do pass‖ recommendation.

2. Refuse to report the bill.      3. Report the bill in amended
Pigeonhole -> discharge petition   form. RIDERS
must occur within 30 days
4. Report the bill with     5. Report a committee bill.
unfavorable recommendation.    Start all over again
Changing a Bill
 Riders
    Additions that are unrelated to the original bill
    New bridge for Madison County on Iraq military spending bill
    These riders are often referred to as pork barrelling or just pork
        Bringing home the bacon to make your constituents gleeful
 Log rolling
    Convincing compadres to vote with you on your pet bill and promise to
     return the favor: quid pro quo


   MONEY bills must originate in the HOUSE
                   Filibuster and Cloture
           Filibuster                  The Cloture Rule
A filibuster is an attempt to   Rule XXII in the Standing
  ―talk a bill to death.‖          Rules of the Senate deals
A senator may exercise his        with cloture, or limiting
                                   debate
  or her right of holding the
  floor as long as necessary,    Cloture votes may end the
  and in essence talk until a      filibuster (16 signatures,
  measure is dropped.              three-fifths vote, 1 hour per
Used to delay Senate              senator), 60 senators vote
                                   for cloture, no more than
  proceedings in order to
                                   another 30 hours may be
  delay or prevent a vote
                                   spent on debate, forcing a
Two-speech rule per day           vote on a bill.
            Conference Committees
Any measure enacted by Congress must have been
  passed by both houses in identical form.
If one of the houses will not accept the other’s version
  of a bill, a conference committee is formed to iron out
  the differences.
Once a conference committee completes work on a
  bill, it is returned to both houses for final approval. It
  must be accepted or rejected without amendment.
Nothing new but changes are okay…
                 The President Acts
  The Constitution provides four options for the
       President when he receives a bill:
1. The President may sign the 2. The President may veto the
bill, and it then becomes law. bill, or refuse to sign it. The
                               President’s veto can be
                               overridden by a two-thirds vote
                               of the members present in
                               each house.
3. If the President does not act 4. A pocket veto occurs if
upon a bill within 10 days of    Congress adjourns within 10
receiving it, it becomes law.    days of submitting a bill and
                                 the President does not sign it.
                                 The bill then dies.
                         Party Officers
                          The Party Caucus
 The party caucus is a closed meeting of the members of each party in
  each house which deals with matters of party organization.


                          The Floor Leaders
 The floor leaders are party officers picked for their posts by their party
   colleagues.
 The party whips assist the floor leaders and serve as a liaison between
   the party’s leadership and its rank-and-file members.

				
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