AM GOV PSC 101CHAPTER 11 NOTES

Main Points
This chapter examines how the structure of Congress, the limitations on its power, and the interplay between Congress and other governmental institutions and the pubic affect its politics and the performance. The main points of this chapter are: The U.S. Congress is a bicameral body. In the House of Representatives, the number of seats granted to each state is apportioned according to population, with the total fixed at 435. Each House member serves a two-year term. Seats in the Senate are apportioned equally, with each state having two seats. Senators serve six-year terms. Most congressional powers are exercised jointly between the two bodies. However, the House is solely responsible for initiating bills that raise revenue and for impeaching federal officials; while the Senate is solely responsible for trying impeached federal officials and approving treaties and certain presidential appointments. The Constitution lists certain enumerated powers granted to the Congress and also allows it to make those laws that are necessary and proper to carry out its other duties. Candidates for Congress must have substantial time and money to mount a campaign. Incumbents hold significant advantages. Congressional Members are provided substantial resources to carry out their various functions, which, besides making laws, include representing constituent interests, dealing with interest groups, and working with colleagues and policy experts on their staffs. The real work of Congress is done by committee. There are four basic types of Congressional committee: standing; select; joint; and conference. The majority party controls the chamber. Party and key committee leadership roles are important positions of authority and hold a significant amount of power in the legislative process. The key function of Congress is making laws. Other Congressional powers include the powers to: declare war; monitor executive agency actions; impeach and try federal officials; and fund the federal government through the budgeting process. Gerrymandering, the high cost of campaigning, and incumbent privileges keep Congressional turnover low and voters turned off. The public expresses a general dissatisfaction with Congress as a whole.

Summary
The delegates at the Constitutional Convention settled on a bicameral legislature. In accordance with the Great Compromise, seats in the Senate were apportioned equally among the states and seats in the House of Representatives were apportioned according to population. The Constitution explicitly grants Congress certain powers as well as the power to make laws that are necessary and proper for carrying out its other duties. Control of Congress became a political contest when political leaders began to mobilize newly enfranchised citizens into political parties. Over time, the control of power over national affairs has shifted between parties and between the executive and legislative branches. After winning their partys nomination, candidates must be able to commit substantial amounts of time and money toward campaigning. Incumbents have the advantage, especially when it comes to visibility. House members barely stop campaigning because their terms expire every two years. House members also face the challenge of redistricting. Once elected, in addition to making laws, congressional members must deal with constituents and

represent their interests in government; meet with lobbyists and interest groups; consult with colleagues; and work with their staff on policy issues and constituent services. In its law-making role, Congress divides its workload among committees. There are four types of congressional committees: standing, select, joint, and conference. Lawmakers who have leadership or key committee assignments and that have a good understanding of the legislative function can wield great influence in advancing legislation or preventing it from going anywhere. The majority party controls the chamber and determines the organizational structure and the flow of legislation. The leadership assigns bills to a committee who may then refer it to a subcommittee for more detailed analysis. Once a bill is approved by the subcommittee it is sent to the full committee for markup. Rules are then proscribed for debate. Rules and procedures are keys to the advancement of legislation in both Houses, although they differ significantly in each body. If there are differences between the House and Senate bills, the bill is sent to a conference committee. If the conference committee resolves the differences, the bill returns to both bodies for final approval. Once passed, the bill is sent to the White House for approval or veto. Other Congressional powers include the powers to: declare war, oversee executive agencies, impeach and try federal officials, and fund the federal government through the budgeting process. The Senate is also charged with ratifying treaties and confirming presidential appointments. The public is generally dissatisfied with Congress as an institution. Low turnover due to the high cost of campaigning and incumbent privileges turns off voters. Reforms, like in the area of campaign spending, could level the playing field and increase citizen interest and turnout.

Outline
This lecture outline closely follows the text in its organization. The instructor can use this outline as a lecture aid. I. Origin and Powers of Congress Our U.S. system of representation was developed after much debate and compromise by the Framers at the Constitutional Convention. The Framers settled on a bicameral legislature to represent citizen interests and make laws. As part of the Great Compromise, the Framers agreed to apportion seats equally in the Senate and according to population in the House. House members are elected directly by the people for fixed two-year term. Senate members were initially elected by state legislatures for staggered six-year terms. The Seventeenth Amendment in 1913 provided for direct popular election of senators. The Constitution grants Congress certain enumerated powers as well those that are necessary and proper for carrying out their duties (the elastic clause). This gives Congress the ability to adapt to changing circumstances. Congress is also explicitly denied powers by the Constitution. II. Civic Life and Constitutional Change Congress has changed over time to become more accessible and open, but not without power struggles among leaders and with other branches of government. With the abolishment of property qualifications for voting, political leaders began to mobilize the newly enfranchised into political parties and control of Congress became a political contest. President Jackson used his popularity to assert authority over Congressional members. Preceding the Civil War, the Senate became the preeminent forum for debate and eclipsed the

President in policy formation. After the Civil War, Congress reasserted its authority in national affairs and party leaders gained enormous influence. The Progressive Era brought significant changes to Congress, including a more professional Congress. Rule changes curtailed the power of party leaders. In the early twentieth century, power shifted away from Congress and to the President. However, by 1937 an alliance of conservative Southern Democrats and Republicans concerned with the constitutionality of New Deal legislation formed to slow or block Roosevelts initiatives. The Civil Rights Movement brought about changes in the way Congress operated: the seniority system was weakened; new procedures for legislative oversight of the federal budget were adopted; and committee meetings were opened to the public. III. Getting Elected Those who seek to get elected to Congress must have a substantial amount of time and money; must face the possible difficulty of running against an incumbent; and House members must also face the challenge of the potential of changing geographic boundaries. Those who seek to get elected or reelected must have substantial amounts of both time and money. Congressional candidates tend to be wealthy because wealth gives them both the money and the flexibility to mount a campaign. Candidates must constantly solicit funds. Incumbents are difficult to unseat because they have advantages in raising money, maintaining visibility, gaining free news exposure, and by offering specific help, or casework, to constituents. Midterm elections, those contented elections between presidential elections, draw 15 percent fewer voters. Theories for why include election fatigue, less media coverage, and voter apathy. The electoral environment is different in midterm election years because voters with no partisan ties are harder to mobilize and the issues that motivate partisans often work against members of the presidents party. The presidents party usually loses seats during midterm elections. According to the Constitution, the reallocation of congressional seats, or reapportionment, must take place every ten years based on the latest census. Once each state knows how many representatives it will have, districts are drawn so that each district has a relatively equal amount of voters. Gerrymandering is the practice of drawing congressional boundaries to the advantage of one party. The Supreme Court has ruled that attempts at making minority-majority districts are invalid if race is the sole factor used in redrawing district boundaries. IV. Doing the Job: Responsibilities and Benefits Congressional members must work with constituents, interest groups, congressional staff, and fellow members. Congressional Members play various roles in representing their constituents.

 In the delegate role, they champion the views of their constituents on crucial issues. In the trustee role, they exercise their own judgment on behalf of those they serve. Most members go between the trustee and the delegate role in the practice known as the politico role of representation. The membership of the U.S. Congress is older, better educated, wealthier, and less ethnically and racially diverse than the U.S. population at large. Keeping in touch with constituents is vital for reelection and for representative government. Constituent services are handled by congressional staff members who track constituent concerns and respond to direct requests for assistance. Interest groups and lobbyists help Members of Congress though campaign contributions, voter mobilization, and by supplying detailed information about the impact of legislation. Members of Congress must work with their personal staff, committee staff, and colleagues in order to successfully participate in the business of making laws. V. Keys to Political Power Congress has divided its workload among committees in order to more efficiently perform its lawmaking function. There are four basic types of committees: standing, select, joint, and conference. Standing committees are permanent committees that have jurisdiction over a variety of subject areas. The majority party controls most of the seats on each committee. Committee assignments are important and not all standing committees are of equal status or power. Seniority is not as important in getting a committee assignment as it once was. A freshman lawmakers chance of getting a desired assignment depends on the members party affiliation, interest and expertise, the size and importance of the members district, and the members ties to the leadership. The Appropriations Committee and the Ways and Means Committee in the House and the Budget Committee in the Senate are the most powerful committees. These committees can help the reelection of members by approving pork barrel projects earmarked in appropriations bills. The House Committee on Rules is very important because it makes the rules that govern the terms of debate and amendment for bills that are coming to the floor. Members are also appointed to select committees, which are put together for a limited time to handle matters that do not fit into areas covered by standing committees. Joint committees are comprised of members of both houses and do not handle legislation, but monitor and report on the activities of government agencies. A conference committee is made of members of both houses and attempts to resolve the differences in conflicting versions of the same law passed by each body before it is sent to the president for approval. The majority party in Congress controls the chamber. It determines the organizational structure, the composition of internal bodies such as committees and subcommittees, positions of leadership, and the flow the legislation itself.

 Divided government, where one party controls one or more Houses of Congress and the other party controls the White House, has sometimes made it difficult to get legislation passed. Congressional leaders are increasingly picked for their ability to frame issues along party lines, for their skill in controlling the legislative agenda, and for their ability to raise funds for fellow party members. The most powerful leader in the House is the Speaker of the House who refers bills to committee, makes committee appointments, and schedules legislation for floor consideration, among other things. The majority leader, minority leader, and party whips also assist their respective parties in seeking to pass their legislative agendas. The Senate majority leader is Senates most influential member. The vice president of the United States is the president of the Senate and has the authority to preside over the Senate and to vote in case of a tie. Committee chairs also have substantial powers to facilitate legislative action. Once legislation is voted out of committee, consideration of the bill on the House floor is done so under the rules adopted by the Committee on Rules. All floor debate must be germane. In the Senate, the rules for floor debate are more flexible. There is no rule regarding germaneness. Usually the majority leader will receive consent to waive the rules allowing for extensive debate. Senators can filibuster by refusing to limit debate and engage in continuous debate for the purpose of stopping pending legislative action. To end a filibuster, members can invoke cloture by getting sixty votes. VI. The Functions of Congress Although lawmaking is Congresss preeminent function, Congress also has many other important powers. Once legislation is introduced, it is assigned to committees, which may then send it to the appropriate subcommittee for more detailed analysis and consideration. Once the subcommittee approves the bill, it is sent back to the full committee for markup, which involves reviewing and approving language. House bills will then proceed to the Rules Committee and Senate leadership will seek consent for debate limits. If there are differences in the bills, it will be sent to conference committee to resolve the difference, after which it will return to the floor of both bodies for final approval. An approved bill will then go to the president who can take one of several actions: sign the bill into law; veto the bill; allow the bill to become law without the presidents signature by failing to take action within ten days; or pocket veto the bill by leaving the bill unsigned if there are less than ten days left in the legislative session. The Constitution vested in Congress the power to declare war. The Framers explicitly did not use the term make war to give the president the ability to repel a sudden attack. The War Powers Resolution requires the president to inform Congress of military deployment within forty-eight hours. The House of Representatives has the sole power to impeach, or bring charges against federal officials. The Senate is granted with the power to try, and possibly remove, impeached officials from

office. The three offenses for which a federal official may be impeached are treason, bribery, or high crimes and misdemeanors. Congress also provides oversight over federal agencies, programs, and the actions of other branches of government. Congressional review permits Congress to nullify agency regulations after sixty days by a joint resolution of both houses and approval by the president. The Constitution gives Congress sole power to decide how money is spent. All bills to raise revenues must originate in the House of Representatives. Budget committees in both houses develop a budget resolution that projects income and sets spending ceilings for various programs. If Congress does not pass spending bills by the beginning of the governments new fiscal year, October 1, then it must pass continuing resolutions that allows agencies to operate at previous year funding levels until the new budget is passed. The Senate also must approve treaties by 2/3 vote and confirm by a majority presidential appointments, ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States. VII. Civic Engagement and Congress Today A number of reforms could help deal with the publics general dissatisfaction with the institution of Congress created in part by intense partisanship. Gerrymandering, the high cost of campaigning, and incumbent privileges keep congressional turnover low and turns off voters. Practices should be changed to increase competitiveness of elections which tends to increase citizen interest and turnout. Campaign spending reform would also likely increase competition. The use of national forums and the creative use of new technologies could keep constituents and lawmakers in closer communication. There also needs to be greater initiative and engagement by citizens, including a greater emphasis on civic education for students.

Vocabulary
Constituents-The citizen from a state or district that an elected official represents. Bicameral- Composed of two houses. Unicameral- Single body legislature Great Compromise- Agreement at the Constitutional Convention splitting the legislature into two bodies- one apportioned by population, the other assigning each state two members. Enumerated powers- Powers specifically allocated to the national government alone by the

constitution. Elastic clause- Provision of Article I of the Constitution authoring Congress to make those laws necessary and proper for carrying out the other laws it passes. Seniority system- A system that rewards those with longer service with positions of leadership. Congressional Budget Office- Nonpartisan agency created by Congress to assist in the budget process. Incumbent- Current occupant of an office. Safe district- Electoral district in which the candidate from the dominant party usually wins by 55 percent or more. Franking privilege- Free postage for members of Congress to communicate with constituents. Casework- Practice of finding solutions to constitute problems, usually involving government agencies. Redistricting- The practice of drawing congressional district boundaries to accord with population changes. Reapportionment- The periodic reallocation of 435 House seats among the states as population shifts from one region to another. Gerrymander- Practice of drawing congressional boundaries to the advantage of one party. Minority-majority districts- District in which minority members are clustered together, producing a majority of minority voters in the district. Delegate role- Theory of representation stressing the lawmakers role as a tribune of the people who reflects their views on the issues of the day. Trustee- Theory of representation stressing the lawmakers own judgment in legislative decision making. Politico- Approach to representation in which the lawmaker alternates between trustee and delegate roles as he or she deems appropriate. Caucuses- Voter gatherings used to select party candidates to run in the general election. Pork barrel projects- Term applied to spending for pet projects of individual members of Congress. Earmarks- Funding for specific projects that are added by members of Congress to appropriation bills usually without oversight or public debate. Speaker of the House- The most powerful leader of the House of Representatives. Majority leader- Leader of the majority part in each house, responsible for marshaling support for the partys agenda. Minority leader-Leader of the minority part in each house, responsible for marshaling support for the partys agenda. Divided government- Control of the White House by one party while the opposition party controls one or both of the houses of Congress. Whips- Assistant party leaders in each house whose jobs include ensuring that party members are present for floor votes and prepared to vote as the party prefers. Logrolling- The practice of trading votes to the mutual advantage of voters.

President pro tempore- The second-highest-ranking official in the U.S. Senate. Committee chairs- The leaders of congressional committees, usually members of the majority party with the most seniority in that party. Discharge petition- Method freeing legislation from a committee in the House that requires the signature of 218 members. Committee on Rules- In the House of Representatives, the committee charged with determining rules for debate, amendment, and vote on bills brought to the floor. Filibuster- Senate practice of continuous debate often employed to stop pending legislative action. Cloture- The procedure that ends a filibuster with sixty votes of the Senate. Hold- Action a senator may place on a bill requiring personal consultation before the matter can proceed. Markup- Committee sessions in which members review contents of legislation line by line. Pocket veto- Automatic veto achieved when a bill sits unsigned on a presidents desk for ten days when Congress is out of session. Impeach- To bring formal charges against a federal official, including the president. Oversight- Congressional authority to monitor the actions and budgets of executive agencies it creates. Legislative veto- Device, declared unconstitutional in 1983, allowing Congress to rescind rules promulgated by an executive agency. Congressional review- Congressional action, requiring approval by both houses and the president, that can stop implementation of executive branch regulations. Signing statements- Documents presidents append to legislation indicating their particular interpretation of its contents. Budget resolution- Early step in budgeting process in which both houses of Congress set spending goals. Reconciliation- Process of amending spending bills to meet budget targets. Continuing resolution- Vehicle for funding government operations at the previous years levels of support when a new budget is delayed.