UNIT 4: 3 BRANCHES OF GOVERNMENT

PART 1: THE LEGISLATIVE BRANCH (Congress)

Presidents of the United States

The document begins with a comprehensive list of U.S. Presidents from George Washington through Joe Biden, highlighting their succession as leaders of the nation. Understanding the historical context set by these leaders can provide insight into the evolution of the legislative branch over time, including how different administrations have influenced congressional priorities and functions.

Goals for Lecture

• Describe who serves in Congress and how they represent their constituents. This includes understanding the demographics of Congress and how they reflect the diversity of the American populace.

• Explain how party leadership, the committee system, staff systems, and caucuses help structure congressional business. These structures are key to understanding the workflow and efficiency of Congress.

• Outline the steps in the process of passing a law. This includes the journey of legislation from proposal to enactment and the checks and balances involved in this process.

• Analyze factors that influence which laws Congress passes. This involves examining the role of lobbyists, public opinion, and the media in shaping legislation.

• Describe Congress’s influence over other branches of government. This includes oversight functions and the power of congressional investigation.

Representing the People

Importance of Congress

Congress is the primary representative institution in American government, with each member primarily responsible for their district or constituency. Constituents have varying expectations of their representatives regarding fair and effective representation, and this often translates into accountability measures such as town halls and communication channels.

House of Representatives vs. Senate:

• House of Representatives (HoR):

  • Requirements for Membership: Must be at least 25 years old, have 7 years of citizenship, and reside in the state they represent.

  • Term: 2-year terms with no limit on the number of terms served, which encourages responsiveness to voters.

  • Constituency: Represents a specific Congressional district apportioned based on population.

  • Governance Structure: More formally structured and rules-based, with power concentrated in leadership positions like the Speaker of the House.

  • Goal: Achieve closer proximity to voter preferences, making them more directly accountable to the public.

• Senate:

  • Requirements for Membership: At least 30 years old, 9 years of citizenship, and reside in the state they represent.

  • Term: 6-year terms, unlimited number of terms, providing more stability and long-term policymaking.

  • Constituency: Represents entire state, giving them a broader electoral base.

  • Governance Structure: More informal, with more power distributed among individual members, promoting collaboration and consensus building.

  • Goal: To be a more insulated body, less swayed by immediate public opinion, often setting the stage for deliberative policy discussions that may resist populist pressures.

Enumerated Powers of Congress

Both chambers have the authority to create and collect taxes, regulate interstate and foreign commerce, and declare war. However, certain powers are exclusive to each chamber:

• HoR Only: All revenue-raising bills must originate in the House, which places significant financial authority in the hands of the House members.

• Senate Only: Has the exclusive power to confirm ambassadors, ratify treaties, and approve presidential appointments, emphasizing its role in foreign policy and executive relationships.

Basics of Congressional Jobs

• Salary and Work Environment: Congressional members earn a salary of $174,000, with leadership positions earning higher salaries. The job is demanding, requiring long hours, significant pressure, and the constant balancing of competing interests.

• Types of Representation:

  • Delegate Representation: Elected officials vote according to constituents’ preferences, requiring them to stay in constant touch with voters through polls, surveys, and outreach.

  • Trustee Representation: Representatives make decisions based on their judgment of constituents' best interests, which may involve educating the public on complex issues that may not align with immediate constituent preferences.

Roles of Members of Congress

Members of Congress represent their constituents by:

• Solving problems, ranging from local issues like infrastructure to national concerns like healthcare.

• Introducing legislation that reflects their constituents' interests and needs.

• Obtaining federal projects and funding to support initiatives within their districts, often regarded as critical for local economic prosperity.

• Securing benefits for their districts through advocacy and outreach.

• Participating actively in national policy-making through engagement in party leadership, where they may influence party platforms and national legislation.

Composition of Congress

As of the latest figures from the 118th Congress, there are 222 Republicans and 212 Democrats in the House, and 49 Republicans and 48 Democrats in the Senate. The demographics highlight the representation in areas of race, gender, and religion, underscoring the diversity and importance of representation in Congress, including ongoing efforts to promote gender and ethnic diversity.

The Electoral Connection

Incumbency Advantage

Incumbents benefit from numerous advantages in re-election efforts, including name recognition, the franking privilege (the ability to send mail free of charge), and the opportunity to claim credit for accomplishments in office, which can result in low turnover rates and create challenges for new candidates, particularly women and minority groups seeking representation.

Direct Patronage from Members

• Pork-Barrel Legislation: Refers to appropriations made by legislative bodies for local projects that may not always meet national interests, aimed at helping local representatives secure re-election by demonstrating their commitment to constituents.

• Earmarks: Specific provisions in legislation that direct funds to particular projects or areas, often argued to promote compromise and address local funding needs but criticized for potential corruption and excessive spending, raising ethical concerns.

Notable Examples of Pork Barrel Spending

• The Bridge to Nowhere: A project in Alaska that received $230 million for a bridge to an island with very few residents, leading to significant public outcry and its eventual cancellation, exemplifying the potential pitfalls of pork-barrel spending.

• Boston's Big Dig: A major highway construction project that ultimately cost significantly more than initially budgeted, resulting in massive federal spending overruns and ongoing debates about fiscal responsibility.

• Department of Defense: Noted for containing substantial amounts of pork in its appropriations, which raises discussions about balancing national security needs with responsible budgeting practices.

Organization of Congress

Party Leadership:

• In the House, leadership roles depend on party majority and minority standings, including the Speaker of the House, Majority and Minority Leaders, and Whips responsible for party coordination and strategy.

• In the Senate, roles mirror those of the House with Majority and Minority Leaders controlling the legislative agenda and working to align party members' votes with official party positions.

The Committee System

Central to the legislative process, committees sort and write legislation, playing a crucial role in determining which bills progress through Congress:

• Standing Committees: Permanent committees with the authority to propose legislation and conduct oversight.

• Select Committees: Temporary entities focused on specific issues, often convened to address urgent matters.

• Joint Committees: Composed of members from both chambers for collaboration on specific tasks, facilitating inter-chamber communication.

• Conference Committees: Resolve differences between House and Senate versions of legislation, crucial for finalizing bills before they go to the President.

Legislative Process

• Committee Deliberation: Bills are proposed and debated in committees before being presented to the full chamber for consideration, where amendments can be made.

• Floor Action: Involves debate and potential filibuster, particularly in the Senate, where unlimited debate can occur unless cut off by a cloture vote, affecting the time available for voting on issues.

• Presidential Action: Once passed, legislation is sent to the President for approval or veto. Congress can override a veto with a two-thirds majority in both chambers, illustrating the system of checks and balances inherent in U.S. governance.

Congressional Decision-Making Factors

Factors influencing Congress include:

• Constituent views and demands, which can shift rapidly with changing social conditions.

• Interest groups that lobby for specific legislation, providing funding and research to support their positions.

• Party leadership that dictates legislative strategies and priorities.

• Legislative strategies such as logrolling, where members trade votes to benefit their respective agendas.

• The increasing polarization within Congress, affecting collaboration and bipartisan efforts.

Beyond Legislation: Other Congressional Powers

Congress holds significant oversight powers over executive agencies, reflecting its role in ensuring the proper execution of federal laws. It also controls appropriations, having the power of the purse, and specific Senate powers such as advice and consent for treaties and presidential appointments, showcasing its critical function in the checks and balances system.

Conclusion

Understanding the legislative branch's structure, procedures, and influences helps clarify its vital role in the American government. This ongoing interplay among branches reflects the dynamic nature of governance essential for addressing contemporary issues, highlighting the importance of public engagement and informed voting in shaping effective representation.