Congress and the Legislative Branch
American and Texas Government - Congress Class Notes
Instructor: Shannon Bow O'Brien, Ph.D.
Institution: The University of Texas at Austin, Department of Government, College of Liberal Arts
Section 4: Congress
Overview of the Legislative Branch
The American legislative branch is unique compared to most other countries.
The United States operates under a presidential government structure.
Basic Duties of Congress
Representation: Elected officials represent the interests of their constituents.
Law Making: Congress is responsible for creating and enacting laws.
Consensus Building: Members work together to build agreements across party lines.
Overseeing the Bureaucracy: Congress monitors and supervises government agencies.
Policy Clarification: Helps to clarify policies and legislation.
Investigating Government Operations: Conducts investigations into the performance of government agencies.
Structure of Congress
Congress is a bicameral legislature, divided into two houses:
House of Representatives
Senate
House of Representatives
Composition and Election
Entire body elected every 2 years.
Comprises 435 representatives.
Members must be at least 25 years old.
Special Powers
Originates all tax bills.
Brings impeachment charges against officials.
Reapportionment
Occurs every 10 years following the census.
Congressional seats are redesigned to reflect population changes.
When a state gains or loses a seat, its state legislature must redistrict its House districts.
Manipulation of Districts
Gerrymandering: The practice of manipulating district boundaries to create 'safe seats.'
Cracking: Splitting a group among multiple districts to dilute their voting power.
Packing: Concentrating a group into one district to reduce their influence in others.
House Leadership
Speaker of the House:
Elected, usually from the majority party.
Responsible for managing the House.
Majority Party Leadership:
Majority Leader and Majority Whip.
Minority Party Leadership:
Minority Leader and Minority Whip.
Rules Committee
Unique to the House (not present in the Senate).
Regulates the time allocated for floor debate on bills and sets limitations on amendments.
Types of rules include:
Closed Rule: No amendments allowed.
Restricted Rule: Some amendments allowed on the floor.
Open Rule: Many amendments permitted.
Legislative Process - How a Bill Becomes Law
Introduction: The bill is introduced by a member of Congress.
Clerk: The bill is assigned a number.
Referred to Committee: Sent to the relevant committee and possibly subcommittees.
Committee Hearing: Committees hold hearings to discuss the bill.
Markup: Committees make modifications before reporting it out.
Calendared: The bill is scheduled for debate.
Floor Debate: The bill is debated, and amendments can be proposed.
Vote: The bill is put to a full vote.
Conference Committee: If necessary, a committee will reconcile differences between the House and Senate versions of the bill.
Presidential Approval: The bill is sent to the president for signature or veto.
Override Veto: Requires a 2/3 vote from both houses.
Summary of the House of Representatives
Term Length: 2 years.
Membership: 435 members, based on proportional representation.
Staffing: Fewer personal staff compared to senators (approximately 17 per House member).
Rules for Procedure: More stringent than the Senate, with limited debate.
Policy Specialists: More focused on specific policies due to the high number of committees (20 major committees).
Media Coverage & Prestige: Generally less than the Senate; perceived as less prestigious.
Committee System Importance: Committee leaders wield significant discretion, and certain amendments may not be allowed (non-germane amendments).
Senate
Composition and Election
Composed of 100 members with 6-year terms.
Members must be at least 30 years old.
Approximately 1/3 of the Senate is up for election every 2 years.
The Senate is considered a continual body, ensuring greater stability.
Special Powers
Ratifies treaties.
Confirms presidential appointees.
Conducts impeachment trials.
Senate Leadership
President of the Senate: Vice President of the United States.
President Pro Tempore: Elected leader from the majority party.
Senate Majority Leader: Principal leader of the majority party.
Minority Leader: Leader of the minority party.
Whips: Responsibilities similar to those in the House.
Characteristics Unique to the Senate
Filibuster: A tactic to delay or block legislation.
Cloture: A procedure to end a filibuster, requiring a vote by 60 senators.
Confirmation Power: Authority to confirm presidential appointees.
Senatorial Courtesy: Tradition allowing senators to oppose appointments in their home states.
Unanimous Consent: An arrangement in which all Senators agree to a proposal.
Hold: A Senator's request to delay action on a bill.
Summary of Senators
Term Length: 6 years.
Membership: 100 members serving larger constituencies.
Staffing: More personal staff than House members (approximately 44 each).
Flexibility: More lenient rules allowing for extended debate.
Policy Generalists: Broader focus on various policies.
Media Coverage: Greater than that of the House.
Prestige: Generally perceived as more prestigious than the House.
Power Distribution: More equitable compared to the House.
Committee Importance: Composed of various committees, non-germane amendments allowed.
Foreign Policy Emphasis: Significant role in treaty ratification and foreign policy issues.
Legislators
Roles and Responsibilities
Delegate: Acts strictly on behalf of constituents’ preferences.
Trustee: Makes decisions based on personal judgment and the broader interests of constituents.
Politico: A combination of both delegate and trustee roles, depending on circumstances.
Casework: Assistance provided to constituents, reflecting engagement with their needs.
Incumbents and Open Seats
Advantages
Incumbents may hold a significant advantage over challengers due to established networks and recognition.
Open Seats
When incumbents retire or vacate their seats, open seats may lead to competitive elections.
Other Legislative Advantages
Pork Barrel: Funding of local projects primarily for political gains.
Earmarks: Specific provisions in legislation to fund particular projects.
Log Rolling: The practice of exchanging political favors to gain support for legislation.
Organizing Congress
Party Caucus
Party caucuses serve as the organizing bodies for legislative strategy and solidifying party interests.
Committee System
The Committee System plays a pivotal role in Congress, where most legislative work occurs. It allows for specialized focus on bills:
Four Types of Committees:
Standing Committees: Permanent committees with specialized areas. Subcommittees often exist within them.
Select Committees: Temporary committees established for specific tasks or issues.
Joint Committees: Include members from both the House and Senate.
Conference Committees: Formed to reconcile differences between House and Senate versions of a bill.
Legislative Process Revisited
The passage of bills heavily relies on the committee system, which dominates policymaking throughout all stages of legislation.
The House of Representatives employs a Discharge Petition to bring bills to the floor if committees fail to act.
Legislative Tricks in Congress
Omnibus Legislation: Provides multiple provisions in a single bill to streamline legislative processes.
Continuing Resolution: Allows the government to continue operating without a formal budget agreement.
Presidential - Congressional Relations
Presidential Veto: A power of the president to refuse to sign legislation passed by Congress.
Override: Congress can override a presidential veto with a 2/3 majority vote in both houses.
Pocket Veto: An informal veto occurring when the president does not sign legislation within the specified time frame, effectively allowing it to die without formal rejection.
Oversight: Congress’s responsibility to monitor the executive branch and its agencies to ensure accountability.