Congress (cont.)

descriptive representation

  • demographics should ideally match

  • members of congress are not representative of the US population in terms of demographics and thus do not meet the criteria for descriptive representation

  • the absence of descriptive representation may be problematic for legitimacy

  • political affiliation, gender, race, religion, class/wealth, etc


is the lack of descriptive representation a problem?


the consequences of white-collar government

  • governments with fewer working class lawmakers devote less resources to the needs and preferences of ordinary americans

  • hidden role of class in economic policy making


descriptive representation and women

  • women display distinctive legislative behavior focusing on issues that advance gender equality (equal pay, childcare, etc)

  • the presence of women in the legislature increases perception of the legitimacy of the process

  • the appearance/presence of women in decision-making can effect legitimacy


descriptive representation and race/ethnicity

  • electing african-american legislators legislators yield more federal dollars and congressional attention toward black voters

  • african-american and latino/a legislators more likely to participate in committee hearings on issues involving race

  • the presence of racial and ethnic minorities on legislative committees increases perceptions of legitimacy


how do legislator’s view representation?

  • all members of congress live in two worlds

  • in washington they spend time dealing with the issues of national concern

  • but they also spend much of their time traveling back to their district or state, where they meet with constituents and give speeches to local groups

  • working tuesday-thursday in DC and then weekends back home with constituents

  • always interacting with the people they represent


the trustee model of representation

  • according to edmund burke, representatives are not obligated to vote according to the views of constituents if they think they are misguided

  • trustee approach

  • informed opinion

  • voting in their best interest but using your own judgement


the instructed delegate model of representation

  • other philosophers believe that a legislator’s primary responsibility is to represent majority constituent views, regardless of their own view

  • instructed delegate

  • you don’t use your own judgement at all


inside congress


structure and powers of congress

  • 2 chambers (senate and house buildings)

  • members of the senate and house do not mix

  • representation in the house is based on the state population

  • representation in the senate is based on equality among states


is the senate democratic?


the unequal consequences of “equal” representation in the senate

  • there are huge differences between states based on population


the senate is a mal-apportioned legislature

  • baker v. carr (1962) - “one person, one vote” meant that legislative districts had to have equal numbers of people in them

  • the senate is able to violate the principal because it is in the constitution

  • states should have equal representation in the senate regardless of the population of individual states

  • unequal consequences of “equal representation in the senate”


a few differences between house and senate powers

  • revenue bills originate in the house

  • the senate approves major presidential appointments

  • the senate has the sole power to affirm treaties

  • the house initiates impeachment proceedings

  • the senate holds impeachment trials

  • nuts and bolts of the job is pretty similar between both overall


impeachment

  • if a simple majority in the house approves an article of impeachment, it goes to the senate for trial

  • at the conclusion of the trial, 2/3 of senators have to vote to remove the president

  • presidential impeachment trials have been held four times and all ended in acquittals

  • the presidents were impeached by the house but not convicted and removed from office by the senate

  • impeachments are a very political process


georgia constitution

  • legislative branch

  • GA general assembly

  • bicameral legislature

    • house of reps (180 members)

    • senate (56 members)

  • 2 year terms and no term limits

  • part time amateur legislature (40 days a year)

  • low salary

  • few staff resources

    • greater reliance on lobbyists and the executive branch

    • interns have a lot of responsibility

  • many members in the GA state legislature have other jobs


how does a bill become a law?

  • schoolhouse rock i’m just a bill :)

  • i’m just a bill yeah i’m only a bill and i’m sitting here in capitol hill


why does congress consider some bills and not others?

  • the congressional agenda

  • events (covid, etc)

  • president

  • congressional party leaders

  • routine business (defense, ag bills, etc)

  • interest groups


most bills do not become laws

  • any member of congress can introduce a bill

  • they do not need prior permission to introduce a bill

  • but the vast majority of bills that are introduced do not become laws

  • some bills can pass one chamber but not the other

  • “dear colleague” letters to each other to try to gain support

  • lots of great ideas that don’t make it through to the end

  • party leaders, president, etc are the ones that determine which bills will receive serious consideration


how does the legislative process work?

  • after introduced, party leadership decides what committee a bill goes to

  • a strategic decision trying to gain/deny support

  • and then the committee chair typically assigns it to a subcommittee

  • party leadership can send it to a friendly committee, hostile committee, or multiple committees to set it up for success or failure


what do committees do?

  • committees and subcommittees are gatekeepers

  • deciding which bills will be considered

  • most are not

  • graveyard of dead bills

  • committees and subcommittees markup legislation they are considering

  • debate, amend, rewrite

  • to follow through on legislation, oversight is a process of reviewing the operations of a federal agency to see whether it is carrying out policies as congress intended


power in committees

  • influence on committees grows formally with seniority and informally with expertise

  • within each committee, the senior member of the majority party usually is the chair but this is changing


leadership in congress

  • each of the two parties in both chambers has a leadership hierarchy

  • the leader in the house is the speaker

  • in the senate, the majority leader is the actual leader

  • formally, it is the president of the senate (VP) and the president pro tempore when the VP is absent)

  • the operation of the house and the senate is structured by both formal rules and norms (informal rules)

  • norms help to keep both houses operating smoothly

  • senatorial courtesy

  • seniority


the legislative process

  • aka the textbook congress

  • picture diagram flow chart

  • need to agree on a single version of the bill


the textbook congress is often overridden by political parties

  • committees have declined in important

  • bills that are a high priority for leadership may not have any committee involvement

  • stealth

  • bills crafted in secret

  • speed

  • bypass the committee process and hold an up or down vote with little deliberation


what explains a legislator’s vote?

  • the most important influences that determine how a legislator will vote include

  • political party (most important)

  • constituents (voters)

  • the president

  • interest groups

  • party unity has gone up

  • members of congress have become drones/robots obeying party


rules matter

  • members ideological/party preferences matter but rules can be just as important

  • rules can thwart majoritarian preferences

  • the filibuster in the senate means that 60 votes are often required to pass a bill (not a simple majority)

  • a 3/5 vote (60/100) is required to invoke cloture, the rules for ending a filibuster

  • threatening a filibuster is often enough nowadays because it is a lot of work and time


republicans short of filibuster proof majority in the senate

  • republicans control 53 seats, so the filibuster is an obstacle to them passing laws

  • president of the senate holds decisive vote in case of a tie

  • however, budget reconciliation act of 1974 allows for expedited consideration of certain tax, spending, and debt limit legislation and therefore are not subject to filibuster


BREAKOUT SESSION GROUP 2 Q2

  • party leadership decides what committee a bill goes to

  • it’s a strategic decision trying to gain/deny support for a bill

Descriptive Representation

  • Definition: Demographics of legislators matching the general population (race, gender, class, religion).

  • Consequences of Imbalance:

    • Class: Working-class underrepresentation leads to fewer resources devoted to ordinary Americans' economic needs.

    • Gender: Female legislators focus more on gender equality issues (e.g., equal pay, childcare) and enhance perceptions of process legitimacy.

    • Race/Ethnicity: Minority legislators increase federal funding and attention toward minority constituencies and boost committee legitimacy.

Models of Representation

  • Trustee Model: Representatives use their own judgment for the best interest of constituents, regardless of immediate constituent preference (Edmund Burke).

  • Instructed Delegate Model: Representatives strictly follow the majority views of their constituents without using personal judgment.

Congressional Structure and Malapportionment

  • Bicameral Structure: House representation is based on population; Senate features equal representation per state (22 per state).

  • Senate Apportionment: Unlike House districts governed by Baker v. Carr (11 person, 11 vote), the Senate is constitutionally mal-apportioned, giving disproportionate weight to smaller states.

  • Key Power Split:

    • House: Revenue bills originate here; initiates impeachment.

    • Senate: Confirms presidential appointments, ratifies treaties, holds impeachment trials (23\frac{2}{3} vote to convict).

Georgia General Assembly vs. U.S. Congress

  • Georgia Legislature: Bicameral (House with 180180 members, Senate with 5656 members) with 22-year terms and no term limits.

  • Part-Time Amateur Body: Operates 4040 days per year with low salaries and limited staff, creating high reliance on lobbyists and executive branch resources.

The Legislative Process and Committee Role

  • Committees as Gatekeepers: Assigning bills to strategic committees determines their survival; committees markup, amend, and oversee policy implementation.

  • Textbook vs. Party-Driven Reality: Party leaders often bypass committees using stealth and speed for high-priority bills.

  • Voting Determinants: Party affiliation is the primary driver of legislative voting, followed by constituents, interest groups, and the president.

  • Procedural Obstacles:

    • Filibuster: Requires a 35\frac{3}{5} supermajority (6060 votes) for cloture in the Senate.

    • Budget Reconciliation: Exception to the filibuster allowing expedited passage for tax, spending, and debt-limit bills via simple majority.