Chapter 11: Congress E3

apportionment

the process by which seats in the House of Representatives are distributed among the fifty states

bicameralism

the political process that results from dividing a legislature into two separate assemblies

• The great compromise

• Founders though the senate would speak for national interests, while the House would be more responsive to the people (constituents)

bill

proposed legislation under consideration by a legislature

cloture

a parliamentary process to end a debate in the Senate, as a measure against the filibuster; invoked when three-fifths of senators vote for the motion

collective representation

the relationship between Congress and the United States as a whole, and whether the institution itself represents the American people

conference committee

a special type of joint committee that reconciles different bills passed in the House and Senate so a single bill results

• formed to resolve differences between bills passed by the house and the senate

constituency

the body of voters, or constituents, represented by a particular politician

delegate model of representation

a model of representation in which representatives feel compelled to act on the specific stated wishes of their constituents

descriptive representation

the extent to which a body of representatives represents the descriptive characteristics of their constituencies, such as class, race, ethnicity, and gender

enumerated powers

the powers given explicitly to the federal government by the Constitution to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs

filibuster

a parliamentary maneuver used in the Senate to extend debate on a piece of legislation as long as possible, typically with the intended purpose of obstructing or killing it

implied powers

the powers not specifically detailed in the U.S. Constitution but inferred as necessary to achieve the objectives of the national government

inherent powers

the powers neither enumerated nor implied but assumed to exist as a direct result of the country’s existence

joint committee

a legislative committee consisting of members from both chambers that investigates certain topics but lacks bill referral authority

• made up of members of both the house and the senate, with limited authority

majority leader

the leader of the majority party in either the House or Senate; in the House, the majority leader serves under the Speaker of the House, in the Senate, the majority leader is the functional leader and chief spokesperson for the majority party

markup

the amending and voting process in a congressional committee

minority leader

the party member who directs the activities of the minority party on the floor of either the House or the Senate

oversight

the right to review and monitor other bodies such as the executive branch

politico model of representation

a model of representation in which members of Congress act as either trustee or delegate, based on rational political calculations about who is best served, the constituency or the nation

pork-barrel politics

federal spending intended to benefit a particular district or set of constituents

president pro tempore

the senator who acts in the absence of the actual president of the Senate, who is also the vice president of the United States; the president pro tempore is usually the most senior senator of the majority party

representation

an elected leader’s looking out for constituents while carrying out the duties of the office

select committee

a small legislative committee created to fulfill a specific purpose and then disbanded; also called an ad hoc, or special, committee

• operate for a shorter time with limited jurisdiction, usually less powerful

Speaker of the House

the presiding officer of the House of Representatives and the leader of the majority party; the Speaker is second in the presidential line of succession, after the vice president

standing committee

a permanent legislative committee that meets regularly

• ongoing membership and jurisdiction, where most of the work is done

surge-and-decline theory

a theory proposing that the surge of stimulation occurring during presidential elections subsides during midterm elections, accounting for the differences we observe in turnouts and results

trustee model of representation

a model of representation in which representatives feel at liberty to act in the way they believe is best for their constituents

whip

in the House and in the Senate, a high leadership position whose primary duty is to enforce voting discipline in the chambers and conferences

Article 1 is

Congress, first branch of the government

Enumerated powers: article 1, section 8

• Explicit powers written into the constitution, that congress has the power to do

• Levy and collect taxes

• Provide for the common defense (army and navy)

• Declare war

• Coin money

• Borrow money

• Regulate commerce among the states and with foreign nations

• Establish federal courts and bankruptcy rules

• Establish rules for immigration /nationalization

• Issue patents and copyrights

Implied powers: necessary and proper clause

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the united states ro in any department or officer

Most of what congress does

• Regulating banks (McCulloch v. maryland 1819)

• Establishing a minimum wage

• Immigration law

• Implement a draft

Inherent powers

• Not in constitution nor established by a clause in the constitution

• Powers not granted ot congress or any other branch

• Powers essential to a functioning government:

• Control borders

• Expand territory

• Defend against internal resolution or coups

• “They exist because the country exists.”

Which of these powers is the most significant?

• Money, financial powers, enumerated powers

The power of the purse

• No money shall be drawn from the treasury, but in the consequence of appropriations made by law: and a regular statement and account of the receipts and expenditures of all public money shall be published form time to time

• Madison (federalist 58): This power over the purse may in fat be regarded as the msot complete and effetual weapon with which any constituion an arm the immediate representatives of the people. For obtaining a redress of every grievance and for carrying into effect every just and salutary measure

Cracking (oklahoma uses this!)

• Splitting groups into different districts

• Divides and minimizes electoralls strength of thhose groups

• Too small of an electorate to effectively influence elections

• Lower the probability of electing groups chosen candidates

Packing

• Opposite of cracking

• Cram members of a disfavored group into a few districts as possible

• Packed districts easily elect chosen candidates

• Weakens electoral strength in other districts

Don’t judge a district by its shape

• Gerrymandering can result in oddly shaped district but not always

• Cracked and packed districts may look compact but still skew heavily in favor of onne party

• Sometimes ditrcits may be drawn to reflect communities of interest

Gerrymandering is not new

• Namesake Elbridge gerry was a signer of the declaration of independence and a member of the constitutional convention

• It was utlized first to block favor for james madison

Why are people talking about redistricting now?

• Tennessee before it was a requirement to redirstict ever so many years, this state was a topic of the court case because they did not redistrict with 40 years, it was gerrymandered against certain mariginalized communities

Gerrymandered districts

• Who handles the drawing of distrcits/redistricting — state legislature 

Incumbency advantage

• Name recognition

• Media coverage

• More funding

• Knoweldge of the system

• People want to support winners

• Constituency service

- Credit claiming

• Franking privileges (can send mail for free)

Mayhew the electional connnection

Mayew argues that representatives’ reelction goals are the primary drives of their behavoir. Thus, we see the following:

• Advertising

• Credit-claiing

• Position-taking

Majority status

• MCs care about party’s overall success

• More willing to share sweets with other candidates in party ($)

• Greater competition among MCs for majority party status

Home style politics

• Theory comes from the book home style: house members in the districts by Richard Fennoo 1978

• Members of congress (MCs) have three goals

• Reelection

• Power in congress

• Good in public policy

• Argues that MCs build trust within constituencies to win reelction, allowing them to pursue their other goals

They do this by pursuing a home style

• Presentation of self

• Allocation of resources

• Explanation of washington activities

Formal structures: party leaders

• Spreader of the house

• Majority leader

• Minority leader

• Party whips

Informational vs distributive theory of committees

• Committes are endogenous institutional structures created to serve the interests of representatives

• Meaning — the members make the rules themselves!

Distributive theory

members seek committee assignments that best align with the interest of their constituents

Informational theory

members are concerned with crafting good policy and committees should be composed of members with expertise

Universalism (informal structure)

policies that eran broad support because they distribute benefits to large amounts of constituents

logrolling (informal structure)

 “if you scratch my back I’lll scratch yours.” Trading votes on bills to get distributive benefits for your constituents

earmarks (informal structure)

pieces of legislation that are added into a bill in order to gain support often referred to as “pork barrel” spending (formally banned, but still happens)

Seniority (informal structure)

norm that the longes tserving member of a committee serves as chair