2. Article I Branch
Congress is given the most power in the Constitution in
relation to other branches
The other branches can check the power of Congress, but the
legal process starts in the legislature
Powers (Article I, Section 8)
Power of taxation and revenue-raising
Levy troops
Power of the purse
Declaring war
Regulate supply of money
3. Nature and Functions of Congress
Lawmaking
The process of establishing the legal rules that govern society
Majority of bills originate in the executive branch; others traced to
interest groups and political organizations
Logrolling
An arrangement in which two or more members of Congress
agree in advance to support each other’s bills
Often involves agreements to support legislative “pork”
Earmarks “Pork”
Special provisions in legislation to set aside funds for projects
that have not passed an impartial evaluation by agencies of the
executive branch
4. Nature and Functions of Congress
Representation
The function of members of Congress as elected officials
representing the views of their constituents
How do legislators fulfill this function?
Trustee view -- legislators should act according to his/her
conscience and the broad interests of society in general
Instructed delegate view -- legislators who are an agent of the
voters who elected him/her and who votes according to the views
of constituents regardless of personal beliefs
How much should personal belief influence a legislator?
5. The Senate
Democracy of the States
Part of the Great Compromise
Represents smaller states “New Jersey Plan”
Rule of the Elite
Appointed and Select
Overall
Another way to limit government
6. The Senate: Why?
Madison, Federalist #63
A senate is desirable because of the “want of a due sense of
national character.”
Respect
“History informs us of no long-lived republic which had not a
senate.”
Besides, most of the constitutions of the ratifying states had
bicameral legislatures
7. The Senate: Why?
Madison, Federalist #63
A “sense of national character,” and “due responsibility in
government” would not be found in the House of Representatives
Too many people
It is sufficiently difficult…to preserve a personal responsibility in the members
of a numerous body…”
Too frequent elections
2 years for the House vs. 6 years for the Senate
8. The Senate: Why?
Madison, Federalist #63
Need for a “select and stable member of the government”
Madison – “As the cool and deliberate sense of the community ought,
in all governments, and actually will, in all free governments, ultimately
prevail over the views of its rulers, so there are particular moments in
public affairs where the people, stimulated by some irregular passion,
or some illicit advantage, or misled by the artful misrepresentation of
interested men, may call for measures which they themselves will
afterwards be the most ready to lament and condemn.”
9. The Senate: Why?
The Senate is the force of stability in American politics
A force of conservatism (not ideological, but in response to change)
Examples:
Dole and Republican leaders slow down Clinton (1993)
Moderate Dems. and Reps. slow down Newt Gingrich (1995)
G.W. Bush’s experiences were mixed
Senate Dems. did not slow down his agenda in 2001, but gradually began to
obstruct his agenda after the mid-term election
This can be counterproductive
Southern filibusters slowed Civil Rights and Voting Rights Acts (1850s and
1960s)
10. House-Senate Differences
House Senate
Members chosen from local districts Members chosen from entire state
2 year terms 6 year terms
Elected by voters (direct) Elected by state legislatures (indirect) until 1913
Can impeach (indict) federal officials Can convict federal officials who have been impeached
Larger # (435 members) Smaller # (100 members)
More formal rules Less rules and restrictions
Debate limited Debate extended
Less individualism and prestige More media attention and prestige
Originates bills for raising revenue Power to advise the president on, and to consent to,
presidential appointments and treaties
Local leadership National leadership
More party loyalty Less party loyalty
11. The Filibuster
Filibuster
Use of the Senate’s tradition of unlimited debate as a delaying tactic to block a
bill
Existed in the House until 1811
Cloture
Debate may be ended on a bill of 16 senators sign a petition requesting it and
if, after 2 days have passed, 3/5s of the entire membership (60 votes)
recommend ending debate
Increased use in the 20th century
Some are advocating for its abolition as polarized legislation has led many to
threaten to filibuster on almost all legislation
Sen. Strom Thurmond (D-SC) filibustered civil rights legislation for 24 hours
and 19 minutes in 1957
12. Congressional Elections
Incumbency Advantage
Larger percentage of incident in the House than in the Senate
85-95% in House from 1960-1996; 50-95% in Senate from 1960-1996
Increased federal spending and importance of the media helps
tremendously
If the funding is coming to your hometown, you’ll probably vote for your
representative again
Regional-local entrenchment
“We’ve always voted _________, so we’ll keep voting _________.”
Sophomore surge
Good indicator if a first-timer gets reelected
13. 112th Congress: 2011-2013
Characteristi U.S. Pop. House Senate
c
Age (median) 36.8 55.8 62.6
Minority % 34.9 17.7 4
Female % 50.7 16.6 17
Adv. Degree % 10.1 66.2 78
Occupation
Lawyers % 0.8 38.6 57
Blue-collar % 23.0 1.6 3
Family Income (over 44.9 100 100
$50k)
Personal Wealth 4.7 44.0 58
(over $1 million in
assets)
Religion
Church membership
% 66.4 87.6 94
Catholic % 23.9 29.2 19
Protestant % 51.3 53.3 57
Jewish % 1.7 6.2 12
14. Districting and Redistricting
Done by state legislatures
MI, VA, CA, and TX in recent election cycles
Reapportionment – allocation of seats in the House to each state after each census
Redistricting – redrawing of the boundaries of the congressional districts within each
state
Gerrymandering
Drawing of legislative district boundary lines for the purpose of obtaining partisan or
factional advantage
Called gerrymandered if the district’s shape is manipulated by the dominant party to
maximize its electoral strength at the expense of the minority party
There is some evidence that it helps incumbents win
Majority-minority districts
Advantage – minorities do get elected
Disadvantage – dilutes minority voting power by lumping it all into one district
“Racial gerrymandering” now unconstitutional – Shaw v. Reno (1993)
15.
16. Committees in Congress
Official function
Hearings and bill mark-up
Types:
Standing, select, joint, and conference
Hierarchy
Big committees are those that spend or raise money
House – Ways & Means, Appropriations
Senate – Budget, Finance, and Appropriations
Status committees – Commerce, Armed Services, Judiciary, and
Agriculture
17. Committees in Congress
Types Broken Down
Standing -- a permanent committee in the House or Senate that
considers bills within a specific subject area
Ex. Agriculture, Homeland Security, and Judiciary
Select – a temporary legislative committee established for a limited
time and for a special purpose
Ex. Formed to investigate public issues (sewage, child nutrition, etc.)
Joint – a legislative committed composed of members from both the
House and Senate
Ex. Issues pertaining to economy, taxation, and the Library of Congress
Conference – special joint committees appointed to reconcile
differences when bills pass the two chambers in different forms
Ex. 2011 debt ceiling issue
18. Committees in Congress
Appointment to Committees
Initially by party committees
Once you’re in, selected by Seniority System
Custom followed in both chambers of Congress specifying that the member
of the majority party with the longest term of continuous service will be given
preference when a committee chairperson is selected
Committee Power
Power to set the agenda: “gatekeeping power” over bills
Oversight of agencies and the president
Draw attention to a cause
Grill individuals you don’t like
(subpoena power is the same as the court system)
19. Theories on Committee Function
Distributive theory
Committees act as access points for earmarks “pork”
Informational theory
Committees act as fact finders
Example: Why are primarily agricultural state
representatives on the Agricultural committee?
Distributive – agricultural state reps bring home the bacon to their
farm constituents
Informational – agricultural state reps should be on the Ag.
Comm. because they know farms and Ag.
20. Parties in Congress
Party Hierarchy
House: Speaker of the House, Majority Leader, Minority Leader,
and Whip
Senate: President Pro Tempore, Majority Leader, Minority
Leader, and Whip
Policy Committee -- schedules legislation
Steering Committee (Dems.) and Committee on Committees
(Reps.) – committee assignments
Campaign Committees – funding and organization for campaigns
21. Party Hierarchy
House
Speaker of the House – presiding officer in the House; always a
member of the majority party and is the most powerful and influential
member of the House
Majority Leader of the House – selected by the majority party in
caucus to foster cohesion among party members and to act as
spokesperson for the majority party
Minority Leader of the House – party leader elected by the minority
party in the House
Whip – member of Congress who aids the majority or minority leader
of the House or Senate
22. Party Hierarchy
Senate
Vice President – presiding officer of the Senate; may vote to break a
tie
President Pro Tempore – temporary presiding officer of the Senate in
the absence of the Vice President
Senate Majority Leader – chief spokesperson of the majority party in
the Senate; directs the legislative program and party strategy
Senate Minority Leader – party officer in the Senate who commands
the minority party’s opposition to the policies of the majority party;
directs the legislative program and strategy of the minority party
23. Voting in Congress
Types of votes
In committee, approval voting (yeas and nays) on floor, roll-call
voting
Complicating voter inference
Smaller provisions complicate this
Easy to say someone voted against a program when they actually
voted against a larger bill that contained provisions for that program
Ideology and Party affiliation heavily weigh on voting
2011 Debt Crisis is a prime example
Spatial Voting
24. Spatial Voting
Liberal Voter Conservative Voter
Left Right
The Median Voter
Median Voter Theory: Under certain condition (defined preferences and
free of irrelevant alternatives) median voter’s position is decisive in a
majority rule contest
26. Spatial Voting: An Example
Five Senators (classic example)
Ted Kennedy (D-MA), Russ Feingold (D-WI), John McCain (R-
AZ), Kay Bailey Hutchison (R-TX), Jesse Helms (R-NC)
Four Bills
$20 billion income tax increase
Expanding FDA powers over the tobacco industry
Increasing welfare spending by $10 billion
University research projects funding increase by $500 million
27. Spatial Voting: An Example
Senator Tax Welfare FDA Univ $$
Kennedy Y Y Y Y
Feingold N Y Y Y
McCain N N Y Y
Hutchison N N N Y
Helms N N N N
29. Government Spending
Executive Budget
The budget prepared and submitted to Congress by the president
Since 1922, Congress requires the president to submit a federal budget of
government expenditures
Fiscal year (FY)
A 12 month period that is used for federal budgetary accounting purposes
Runs from October 1 through September 30 of each year
Spring Review
Annual process to which the Office of Management and Budget (OMB) requires
federal agencies to review their programs activities, and goals and submit their
requests for funding for the next fiscal year
Fall Review
Annual process in which the OMB, after receiving formal federal agency requests for
funding for the next fiscal year reviews the requests, makes changes, and submits
its recommendations to the president
30. Government Spending
In January of each year, the president takes the OMB’s
proposed budget, approves it, and submits it to Congress
The Congressional Budgeting Process takes over:
Authorization – formal declaration by a legislative committee that
a certain amount of funding may be available to an agency
Some authorizations terminate in a year; some are renewed
automatically
Appropriation – the passage, by Congress, of a spending bill
specifying the amount of authorized funds that actually will be
allocated for an agency’s use
35. Budget Resolutions
First Budget Resolution
A resolution passed by Congress in May that sets overall revenue and spending
goals for the following fiscal year
Second Budget Resolution
A resolution passed by Congress in September that sets “binding” limits on taxes
and spending for the following fiscal year
In reality, Congress has completed its budget on time in only 3 years since
1977
This is partially the reason for the “Debt Crisis of 2011”
Continuing Resolution
A temporary funding law that Congress passes when an appropriations bill has not
been decided by the beginning of the new fiscal year on October 1
Ex. In October 2010, Congress began arguing over rising government expenditure,
did not pass appropriations or a continuing resolution and thus, here we are today