AP Government- Congress

Article I of the U.S. Constitution

-Creates bicameral legislature, the U.S. Congress

-Congress is the legislative branch of government—primary function is to propose and pass legislation

What makes up the U.S. Congress?

-Consists of two houses: House of Representatives and Senate

-Both houses of Congress must pass a bill in order for it to be signed by the President and become law

How is representation determined in the U.S. Senate?

-100 senators

-2 senators from each state

What is the term of office for a Senator?

-6 years

-Terms are staggered so that 1/3 of senators are elected every 2 years

-May be reelected for an unlimited number of terms

How were/are Senators elected?

-Originally selected by the legislatures of each state

-Seventeenth Amendment (1913) allows direct election of senators

-Senators are now elected by the citizens of their states

What are the qualifications for Senators?

-Constitution stipulates they must be 30 years old

-Must be a citizen of the U.S. for at least nine years

-Must live in the state they represent

How is representation determined for House of Representatives?

-435 representatives

-Representatives apportioned to states based on the state's population

-Representatives are also known as congressmen/women

What is the term of office for a Representative?

-2 years

-May be reelected for an unlimited number of terms

What are the qualifications for Representatives?

-Constitution stipulates they must be 25 years old

-Must be citizen of the U.S. for 7 years

-Must live in the state where the district they represent is located

Congressional District

-Each U.S. representative is elected by the citizens of a congressional district

-State governments draw boundaries of congressional districts

-435 congressional districts—one for each congressman/woman

Apportionment

-Distribution of the 435 seats in the House of Representatives among the states

-Apportionment of seats is based on the population of each state

Reapportionment

-Redistribution of Congressional seats among states after the official U.S. census determines changes in the population of states

-Reapportionment conducted after national census every 10 years

U.S. Census

-A government count of the people conducted every 10 years (1980, 1990, 2000, etc.)

-Required by Article I of the U.S. Constitution for the reapportionment of representatives among the states in the House of Representatives

Congressional Redistricting

-Redrawing congressional districts by state legislatures after each census

-Baker v. Carr held that state's districts must be equal in population

-Thus, districts must be redrawn even if no change in the number of representatives apportioned to state

Baker v. Carr (1862)

-Supreme Court ruled that a state's congressional districts had to be equal in population

-Called "one man, one vote" rule (all citizens get equal representation)

-States must redraw district boundaries after each census (10 years)

Gerrymandering

-Drawing congressional districts—often in unusual ways—to favor one political party or group over another

-Term comes from salamander-like shape of congressional district drawn in 1810 in Massachusetts under Gov. Gerry

Incumbency Effect

-Tendency of those already holding office (incumbents) to win reelection

-In most elections, nearly all incumbents of the House and Senate who seek reelection win their elections

What are reasons for the Incumbency Effect?

-Incumbents have more campaign experience and greater name recognition

-Incumbents get more opportunities for news media coverage and fundraising

-Incumbents can claim credit for government projects in the district

Term Limits

-Limits on the number of terms an elected official can serve

-Some states have tried to set term limits for U.S. senators and representatives but Supreme Court has ruled this can only be done by amending the Constitution

What is an Open Seat? Why is it relevant?

-House or Senate seat in which the incumbent is not running for reelection

-Since there is no incumbency effect, there is a better change for a change in the party that holds the seat

-Political parties focus on open seats in their bids to gain or maintain power

What are the Sessions of Congress?

-Each house meets for a term of two years beginning on January 3 of odd-numbered years

-Congress determines when it will adjourn for short recesses and when the session will end with final adjournment

Constituent

-One person of the body of people that elects a representative

-Members of Congress represent their constituents and help the with their individual problems involving federal bureaucracy

Name and define the two concepts (models) of representation

-Delegate Model: Member of Congress finds out how constituents stand and votes for their views regardless of his/her own views

-Trustee Model: Members of Congress listens to constituents but forms his/her own views for which he/she votes

Constituent Casework

-Senators and representatives help voters in their district solve problems involving the bureaucracy

-Good constituent casework is effective in winning reelection; Congressional staffs focus on casework as much as legislation

What are key roles of members of Congress?

-Law-maker: Pass legislation

-Constituent servant: Help constituents with problems with federal bureaucracy

-Politician: Work to support their political party and get reelected

-Oversight: Investigate programs and policies of the executive branch

What are the major influences on members of Congress?

-Constituents: People members represent

-Lobbyists and interest groups: Provide expertise and often financial support

-Other members: Members rely on expertise and experience of other members, especially their own party

Leadership of the Senate

-U.S. Vice President is the President of the Senate, but his only real power is to break tie votes

-Majority leader is most powerful Senator; Committee chairpersons (always members of the majority party) hold much power

What is the Vice President's role in the Senate?

-U.S. Vice President, although not a Senate member, is presiding officer of the senate (President of the Senate)

-Cannot debate or vote, except in case of a tie

-Vice President not involved in Senate business except to break ties

Leadership of the House of Representatives

-Speaker of the House, elected by members of the House, is the most powerful leader

-Committee chairpersons (always members of the majority party) hold much power

Speaker of the House

-Presiding officer and most powerful member of the House of Representatives

-Elected by the members of the House voting along party lines

-Thus, Speaker is actually chosen by majority party

What is the Speak of the House's role in the House?

-Controls floor debate

-Assigns bills to committees

-Appoints committee chairpersons

-Makes committee assignments for congressmen/women in majority party

Floor Leaders

-Each house has a majority leader and a minority leader, referred to as floor leaders

-Elected by members of majority and minority parties in each house

Majority Leader

-In Senate, the majority leader is the most powerful member and makes committee assignments for his/her party

-In House, the majority party is led by the Speaker of the House, with the majority leader second in command

Minority Leader

-In both houses, minority leader performs the same role—leading the minority

-Minority leader makes committee assignments for members of his/her party

President Pro Tempore of the Senate

-Primarily a ceremonial position, becomes presiding officer of Senate is there is no Vice President

-Reserved for the most senior member of the majority party (the one who has been in the Senate the longest)

Committee System

-Committees hold much of the power in the legislative process in Congress

-Legislation generally must be approved by committee before the full Senate or House can consider it

-Most of the work of Congress is done in committees and their subcommittees

What are pros and cons of the Committee System?

-Advantage: Permits specialization, allowed legislation to be written by the members with greatest expertise

-Disadvantage: Relatively small group of people control legislation in particular subject area

Standing Committee

-Permanent committee (maintained from session to session of Congress)

-Deals with a specific subject such as agriculture, energy, veterans affairs, etc.

-Holds important power in legislative process

Subcommittees

-Standing committees are divided into smaller subcommittees

-Subcommittees often do most of work on proposed legislation

-Subcommittee chairs are appointed by the committee chair and are always members of the majority party

Select Committee

-Temporary committee appointment for a specific purpose

-Most formed to investigate a particular issue, incident, or scandal

-Do not continue from one session of Congress to another

Joint Committee

-A committee consisting of member of both the Senate and the House

-May be formed to investigate a particular issue or scandal or simply to administer to a relatively mundane matter such as the Library of Congress

Conference Committee

-Temporary committee of members of both houses created to resolve differences in House and Senate versions of a bill

-Compromises to produce a version of the bill that both the Senate and House usually vote to accept

Caucus

-Congressional working groups that are not official committees

-Most powerful caucuses are party caucuses

-Other caucuses consisted of members who share a common goal or identity: Women's Caucus, Black Caucus, etc.

Why are Committee Assignments relevant?

-Members of Congress seek committee assignments that will benefit their constituents or that reflect their own interest and expertise

-Political party membership on each committee reflects the party membership of each house

What powers do Committee Chairs have?

-Chairs of standing committees in both houses of Congress have great power in the legislative area of their committee

-Can determine what bills the committee will consider

-Seldom does a bill make it through a committee without the support of chair

Seniority System in Congress

-Member of majority party who has served on the committee the longest becomes committee chair

-Traditional system, but exceptions are sometimes now made by bypassing most senior member in favor of another long-standing member of the committee

What are pros and cons of Seniority System?

-Advantages: Predictability, stability, and lack of internal party battles between prospective chairs

-Disadvantages: Most senior member not always the most competent leader, spokesperson, or decision maker

What are legislative powers of Congress?

-Passing legislation: Congress can write new laws or amend old ones

-Passing the government's annual budget: Congress decides how much money each federal agency can spend and what it can spend it for

Bills

-Proposed laws

-Bills can be introduced by a senator or congressman/woman

-Spending and taxation bills must originate in the House

How does a bill become law?

-To become law a bill needs majority support at many levels: Subcommittee, committee, and full House and Senate

-There are many points at which it can be blocked, often by a minority

-Only a small percentage of bills introduced actually become laws

What actions can committees take on a bill?

-After a bill is introduced, it is referred to a committee for consideration

-If a committee decides to consider a bill, it holds hearings and rewrites it

-If a majority of the committee approve the bill, it then goes to full House or Senate for consideration

Action by full House/Senate on bills

-A bill reported by a committee is usually put on the calendar for consideration by full House or Senate, where it can be amended and then rejected or passed

-If the bill passes, it goes to the other house of Congress, where it is referred to committee and goes through same process

Reconciliation of House and Senate Bills

-Senate and House must pass exact same bill for it to become law

-Conference committee, consisting of members of both houses, is appointed when Senate and House pass similar bills

-Compromise language is produced

Presidential action on bills

-If both Senate and House pass the exact same bill, it goes to the President

-President can sign the bill or veto it—if signed, it becomes law

-If the President vetoes the bill, it can still become law if 2/3 majority in both houses votes to override veto

Rules Committee

-Powerful committee in the House of Representatives through which all bills must pass

-Determines if a bill is brought to the full House and the rules under which the debate and vote will take place

-Senate has no comparable committee

Filibuster

-An attempt to keep debate open in order to stall a vote on a bill

-2/5 of Senators must support cloture to end a debate and allow voting

-Allows Senate minority to block a bill

-No such practice exists in the House (cloture by majority vote)

Cloture

-Produce to cut off debate and vote on a bill

-To cut off debate in the Senate, 3/5 of Senators must vote for cloture

-In the House, cloture is achieved by a majority vote

Riders

-Amendment to a bill that has no connection to subject matter of the bill;

-Attaching riders to popular bills is a tactic used to get legislation passed that would not otherwise become law (for example, President may not veto a bill he supports just to block a rider)

Markup

Rewrite of a bill after hearings have been held on it

Power of the Purse

-Power of the legislative branch to control spending by executive branch

-Congress must annually pass federal budget determining how much money each federal agency can spend and what it can spend it for

-One of the key powers of Congress

What's the process for passing the federal budget?

-President submits budget to Congress

-Congress reviews and modifies the budget as it sees fit

-Budget becomes law after both houses of Congress have passed it and the President has signed it

How is the budget carried out?

-President must spend money allocated in budget—does not have the option to transfer funds or not spend appropriated money

-Government Accountability Office (GAO), an agency of Congress, monitors federal spending

What is the Congressional budgetary process?

-Two-part process involving passage of both authorization and appropriations bills

-Authorization legislation: authorizes federal programs

-Appropriates legislation: allocates money to authorized programs

Authorization Process

-Legislative process that produces laws authorizing expenditure of money for specific programs

-Authorization process dominated by House and Senate standing committees in different policy areas

Appropriations Process

-Legislative process that allocates money to run the government and carry out public policy

-Appropriations can only be made after programs have been authorized in separate legislation

Appropriations Committee

-Both Senate and House have Appropriations Committees that writes the bills that appropriate (allocate/devote/assign) money to federal agencies and programs

-Generally they are considered the most powerful committees of Congress

Continuing Resolution

-Used to continue funding the government when appropriations bill has been stalled by gridlock I Congress or a presidential veto

-If Congress does not pass a continuing resolution, agencies without appropriations must shut down

Pork Barrel Legislation

-Legislation that provides funding for projects in a senator's or representative's home district or state

-Members of Congress often brag about the amount of funding for projects they have produced for their constituents

Logrolling

-Supporting another member's legislation in return for his/her support of your legislation

-Tactic often used to obtain pork barrel project for one's own district

Earmark

-In a bill or law, money designated for a specific project in a specific place

-Restricts spending rather than allowing funds to be spent where most needed or most effective

-Used by members of Congress to bring government money to home districts

List nonlegislative powers of Congress

-Investigative powers

-Executive powers

-Constitutional amendment powers

-Impeachment powers

Investigative powers of Congress

-Congressional committees can investigate activities of executive branch

-Investigations can expose illegal or questionable activities to the public

-Investigations provide check on the power of executive branch

Executive powers of Congress

-Senate must approve all treaties the executive branch negotiates by 2/3 majority

-Senate must approve appointments of ambassadors, judges, and key government officials by a majority vote

Constitutional amendment powers

-Amendments to the Constitution can be initiated by Congress if passed by 2/3 majority in both houses

-To be ratified, an amendment then needs approval by 3/4 of state legislatures

Impeachment powers of Congress

-Congress can impeach and then, if found guilty, remove from office the President, federal judges, or federal officials

-Members of Congress cannot be impeached but can be expelled by a 2/3 majority vote of their house

Impeachment process in Congress

-House of Representatives, by a majority vote, has the power to impeach a President, federal judge, or federal official

-Senate tries the impeached official with a 2/3 majority vote required to remove the official from office

List privileges of members of Congress

-Franking privilege: postage-free mailings to constituents

-Immunity from libel or slander suits for speeches or debate in Congress

-Immunity from arrest while conducting congressional business

What are support services for members of Congress?

-Government Accountability Office (GAO): Oversight of government spending

-Library of Congress: Research services and studies

-Congressional staffs: Perform most of the actual work relating to legislation, constituent casework, etc.

Legislative Veto

-Nullification of an executive branch action by a vote of one or both houses of Congress

-Declared unconstitutional in 1983 by the Supreme Court, which ended the practice

What are the chief criticisms of Congress?

-Too parochial: Members focused on own district, not country as a whole

-Too short-sighted: Members look no farther ahead than next election

-Too beholden to special interests for money and information

-Too slow, with legislation often stalled

List legislative checks on the executive branch

-Congress can impeach presidents

-Senate must approve treaties negotiated by President by 2/3 majority

-Senate must approve appointment of key officials by majority vote

-Congress can override presidential veto with 2/3 majority in both houses

List legislative checks on the judicial branch

-Congress passes laws structuring federal court system

-Senate approves appointments of federal judges

-Congress can negate Supreme Court decisions by rewriting federal laws or proposing constitutional amendments

Discharge Petition

Petition that, if signed by majority of the House of Representatives' members, will pry a bill from committee and bring it to the floor for consideration