The Congress test 2 gov

Origins of Congress

• Intent of the Framers:

– To oppose concentration of power in a single institution

– To balance large and small states through bicameralism

• The founders expected Congress to be the dominant institution

Why was Congress supposed to be dominant?

Fear of executive Tyranny.

• Safer to give a collective group power

• Viewed as the more democratic and representative

• Members of Congress are more in touch with constituents

Why has Congress declined in power in the 20th Century?

• Congress has become too slow to react to situations

• Congress is too large and too divided

• There is less media attention and knowledge about Congress

• It is an unpopular institution

• Executive stepping into the vacuum where Congress has failed

• Superpower status means we need decisiveness in the Executive branch

L.C. Dodd’s Theory on the Fall of Congress

• At the end of Civil War and the beginning of industrialization and the United States was becoming a world power. This meant that problems and issues previously never dealt with were put on the agenda.

• Problems made Congress a more exciting career

• But, by 1880, there was inherent careerism and no new blood was coming in.

– 80%/20% divide

• 1910 Congress changed the rules and weakened Congressional leadership positions

Functions of Congress

• Legislation and policy making: Passing laws

• Representation: Representing and promoting the interests of their state/district.

• Oversight: Checking the president and the bureaucracy for the purpose of making sure laws are correctly implemented.

• Foreign Policy is shaped by congress with war powers, foreign aid and trade policy.

• Agenda setting and civic engagement: Determining what public issues should be considered for legislation, and responding to citizens’ needs

• Managing Societal Conflict: Representing various groups and interests and giving them voice in a managed way

• Advise and consent: Senate approving appointments made by the president. Including all federal judges, ambassadors and top bureaucrats and treaties. House and Senate vote on a declaration of war.

• Appropriation: No money can be spent unless Congress has first appropriated the money. Single most important check of Congress on the president.

Two Theories of Congressional Representation

• Trustee model:

– Congresspersons should use their own judgment and conscience even if it goes against their constituent’s opinions.

• Puts national government’s best interests first. even if it conflicts with state or district interests.

• Gives the representative a responsibility to inform or explain it to his or her own public.

• Should spend time legislating, not campaigning

• Instructed Delegate Model:

– Congresspersons should vote the way those represent want them to, even if personally opposed – the Congress represents them.

• If there is a conflict between state and national interest, they should vote for their states or district’s interests.

• Should spend more time serving the needs of the constituents

Two More Theories of Representation

• Sociological representation happens when the representative has the same racial, ethnic, gender, religious, etc. background as the constituency.

• The idea is that this will lead to accurate representation of views.

Agency representation comes from the constituency’s ability to “Hire and Fire” a representative.

• It basically argues that accountability and punishing failures to accurately represent views leads to good representation.

Methods of Representation

There are several forms of direct patronage.

– Pork barrel legislation is the appropriation of funding for special projects in a congressional district, e.g. the “Bridge to Nowhere.”

-Earmarks were designations within a spending bill that provide for a specific expenditure. They have been essentially banned due to Speaker Boehner.

– A private bill is a proposal by Congress to provide a specific person with relief.

– Casework is the personal work done on behalf of a constituent or group

– An ombudsperson is an official who advocates for citizens who have complaints against a governmental agency

Congressional Sessions

Congressional sessions last for two years. They are numbered in order.

committees

• A very important facet of Congress is the use of committees. There are several different kinds:

– Standing Committees are permanent aspects of the Congress.

• House: Appropriations, Budget, Rules, Foreign Affairs Ways and Means, etc.

• Senate: Appropriations, Budget, Finance, Foreign Relations, Judiciary, etc. Select committees are usually temporary and do not present legislation. They often hold hearings and deal with issues outside the normal jurisdiction.

– Joint committees are a type of select committee with members from both chambers. Some are permanent (economic, taxation, library, printing). Others are temporary, like the Select Committee on Deficit Reduction in 2011.

-Conference committees are temporary joint committees that try to compromise on a single bill when similar legislation is proposed in both chambers.

• Most committees use seniority to determine leadership of the committee.

House Leadership

• Majority Party: Republicans

• Speaker of the House: Mike Johnson (R)

– Presiding officer of the House of Representatives. Most powerful person in the House of Representatives.

– All 435 House members elect the Speaker.

– Both parties nominate a candidate, but the majority party always elects their candidate.

Powers of the Speaker

Presides over the House

• Regulates flow of legislation when bills come to House

floor for debate

• Schedules votes on the floor

• Recognizes members on the floor

• Refers bills to committees

• Leads the strategy for the majority party

• Serves as spokesman for majority party.

• Appoints members of special or select committees

(conducting special investigations) and conference committee

Other Leaders in the House

• Majority Leader: Steve Scalise (R)

• Chosen in party caucus-

– Assistant Speaker

– Spokesman for party in absence of the Speaker

• Minority leader: Hakeem Jeffries (D)

• Spokesperson for his or her party

– Plans strategy for his or her party

• Majority and Minority Whips

– Serve as party lobbyist and round up votes on key bills

– Provide information on upcoming bills through a weekly “whip packet”

– Majority Whip: Tom Emmer (R)

– Minority Whip: Katherine Clark (D)

Senate Leadership

Vice President: J.D. Vance (R)

• Presides over Senate

– Casts a tie-breaking vote when necessary

• President Pro Tempore: Charles

“Chuck" Grassley (R)

• Given to the most senior senator of the majority party - an honorary position

– Presides in Vice President’s absence

Other Leaders in the Senate

Majority and Minority Leaders (Floor Leaders)

– Spokespeople for their respective parties

– Strategy planners for their respective parties

– Plan when bills and votes will hit the floor

– Chosen by party caucus

– Majority Leader: John Thune (R)

– Minority Leader: Chuck Schumer (D)

• Majority and Minority Whips

– Provide weekly whip packet to floor

– Party lobbyists who roundup votes for their

parties on crucial bills.

– Majority Whip: John Barrasso (R)

– Minority Whip: DickDurbin (D)

How a Bill Becomes a Law (1)

• Step 1: Propose it

– The appropriate congressperson must write a bill and try to gather support in his or her chamber

• Step 2: Introduce it

– The bill is assigned a number and is read to the members of the chamber

– It is referred to a committee

• Step 3: Re-refer it to a subcommittee

• This may be the most important step for three reasons:

– About 90% of all bills die in the sub-committee.

– This is where your bill gets its most in-depth analysis and mark ups

– These are the members who have the most expertise on the topic.

• Things can happen to the bill:

– 10% survive by a majority

– The rest are voted down by a majority vote

– Or are killed by pigeonholing them

How a Bill Becomes a Law (4)

• Step 4: Re-re-refer it to the committee

• Refer the bill back to the full committee for review of the work of the subcommittee. Of those bills that survive the sub-committee, 4 things can happen to the bill:

– Approved by the committee (2/3 of 10% or 6% will survive the process and be approved by the committee)

– Voted down

– Pigeonholed

– Refer it back to sub-committee

• Step 5 Part A: Refer it (again) to the House Rules Committee*

• This is the gatekeeper to the floor of the House.

• A Bill will not reach the floor of the House unless it receives two rules from the House Rules Committee.

– a debate rule, specifying how long bill will be debated on the floor.

– an amendment rule, that specifies how many amendments can be allowed on the floor

• If a bill is liked then it is given favorable rules or if disliked given unfavorable rules

• If bill is really hated, the Rules Committee can refuse to give and rules. It then dies

• Step 5 Part B: Go to the Senate floor

– In the Senate, bills go from committee directly to the floor.

How a Bill Becomes a Law (6)

• Step 6: Debate on the Floor

• On the House & Senate floors sponsors and supporters will present and argue for a bill. And opponents argue against it.

• 3 things can happen to your bill on the floor:

– Passed by majority vote and can add amendments

– Defeated by majority vote and add amendments

– Refer back to committee.

• There are rules for the length of debate that vary on the chamber.

– Example: moving for a vote of cloture by 60 senators to end a filibuster.

Step 7: Vote and deliver it to the other chamber

– If changes are made, it is reread, then the whole chamber votes on it and delivers it to the other chamber for review

• Step 8:* Refer to the Conference Committee

• If House and Senate pass differing versions of the bill and each house does not agree to the other house’s version

• Composed of House & Senate members –They must write and approve a compromise version if House & Senate pass different versions of same bill.

How a Bill Becomes a Law (last)

• Step 9: A final vote on the House and Senate floor

• The compromise version of the bill must be approved by simple majority vote

• About 3-4% survive.

• Step 10: Take it to the President

• He can

– Sign it

– Pocket Veto

– Veto it

• Step 11: Go back for an override vote

• This takes a 2/3 majority of both the House and Senate; only 4% of vetoes are overridden.