Chapter 13: Congress, the Legislative Branch

Bicameral Congress

• Our Congress is bicameral, meaning it has two houses

• The larger house, which is supposedly the “common man’s house,” is the House of Representatives

• The smaller house, which is for “the elite” of America is the Senate

• Congress is the least popular branch of government 

• Since you get new congress members every 2 years, we call each 2 year period a “term” of Congress

• The terms are numbered consecutively. The one that ended Dec. 2012 was the 112^th Congress

• The one that started in 2013 is called the 113^th Congress.

• A session of Congress is all the time it takes to finish their business for the year

• So how many sessions are there in a term of Congress?: TWO!

The House of Representatives

• There are 435 representatives

• Congress members are elected to a term of 2 years

• There is no limit on how many terms a Representative may serve.

• Each state is guaranteed at least one seat.

• To be in the House: 25 years old, U.S. citizen for at least 7 years, Must live in the state you are elected in

• Framers’ Ideas: Proportional representation – created to make the larger states happy; Popularly elected – to please those that wanted a democratic system; 2 year terms – hold the members accountable and so that members would be more responsive to public opinion

The Senate

• There are 100 Senators (2 from each state)

• Senators are elected to a term of 6 years

• There is no limit on how many terms a Senator may serve.

• Senators represent an entire state

• To be a Senator: 30 Years Old, U.S. Citizen for 9 Years, Must live in the state you are elected in

• Framers’ Ideas: Equal representation of states – created to make the small states happy, Picked by states legislatures – to protect the legislative branch from “mob rule” (Changed by the 17th amendment to direct election),

• 6 year terms – give members a chance to gain expertise and so that they can be more insulated from public opinion

Comparing the Two Houses

• Senators have a much longer term

• Entire House is elected at once, while only 1/3 of Senate is chosen at a time

• House members appeal to one small district, Senators appeal to entire state

• No limit to debate (no time limits on speeches) in the Senate

• Tax bills must start in House

• Executive and Judicial appointments approved by Senate

Demographics and Incumbency

• Congress is rich, white men…

  • A large proportion of the people that run for political office are rich, white men

  • It is easier to win if you have a lot of money

  • We the people elect these rich, white men into office

• Incumbency

  • Continuity over time

    • Specialization

    • More experienced political leaders

  • Incremental change in policy

  • More established relations with interest groups

  • Discourages challengers

  • Fewer women and minorities

  • Lack of responsiveness

Powers of Congress

• Congress has 3 kinds of power:

  • Expressed – directly written in the Constitution

  • Implied – reasonably assumed based on the expressed powers

  • Inherent – nowhere in the Constitution, but always held by national governments

• Powers of both houses

  • Powers of Money and Commerce

    • Power to “lay and collect taxes”

      • Two kinds of taxes: Direct Tax (paid by person; income, property) and Indirect Tax (imposed by one, paid by another; cigarette, gas taxes)

        • Cannot tax for private benefit

        • Cannot tax exports

        • Federal tax rates must be the same in all states

• Powers that both houses use in tandem

  • Power to “borrow money on the credit of the United States”

    • Deficit – money spent exceeding tax revenue, must be borrowed this year to pay our bills ($1.17 trillion in 2010)

      • Debt – total of all deficits yet to be paid back, plus interest owed ($14,829,463,500,000 or about $14.8 trillion)

  • Power to “regulate commerce . . . among the several states”

    • Power is often extended to do seemingly unrelated implied powers

      • Build interstate highways

      • Ban racial discrimination

  • Power to “coin money and regulate the value thereof”

  • Power to “establish uniform laws on the subject of bankruptcies”

    • Bankruptcy – person declared incapable of repaying debt, debts are cleared

• Expressed Powers: Foreign relations

  • Congress has the power to declare war— However, they have abdicated the power to wage war to the president

    • Congress passed the Gulf of Tonkin Resolution, allowing the Pres. to use troops without Congress’ permission

    • Tried to take power back with War Powers Resolution (1973)

      • President can send troops into conflict without a declaration of war as long as he gives 48 hours notification after the fact.

      • President can use troops for 60 days but then must ask for an extension in 30 day increments.  If Congress doesn’t grant extension it will grant a resolution. If they do the 30 day increments can be granted indefinitely 

      • Resolution means President must remove  troops within 60-90 days. 

    • Other expressed powers

      • Naturalization – setting the rules to become a citizen

      • Postal Power – Congress sets up the Post Office

      • Copyrights and Patents

      • Weights and Measures – making sure they mean the same thing nationwide

      • Power over territories – Congress controls territories, and decides whether they become states or not

      • Eminent Domain – Congress can take private property for public use

      • Judicial Power – Congress sets up the court system

• Non-legislative powers

  • Propose Constitutional Amendments with 2/3 vote in both houses

  • House of Reps. chooses the president if no candidate gets a majority in the electoral college

  • Senate chooses vice-president

  • Impeachment – means to bring criminal charges against

    • Impeachment requires majority vote in the House

    • After House votes, trial begins

    • Chief Justice acts as judge, Senate acts as jury

    • A conviction, which would remove the president from office, requires a 2/3 vote in the Senate

• “Executive” Powers

  • Appointment – President appoints officials with majority approval of Senate

  • Treaties – President makes treaties, but Senate must approve with 2/3 vote

• Acts of Congress that aren’t bills

  • Simple resolution –  An expression of opinion either in the House or Senate to settle procedural matters 

  • Concurrent resolution – An expression of opinion without the force of law that requires the approval of both houses but not the president.

  • Joint resolution – An expression of opinion that must be approved by both houses of Congress and by the President

First Day of Congress

• The First Day in the House

  • All members are sworn in

  • House elects the Speaker

    • Always a member of the majority party – they have picked her in private meetings before session

• First Day in the Senate

  • 1/3 of the members are sworn in (only 1/3 coming off of election)

  • Vacant committee seats are filled

House Leadership

• Speaker of the House

  • Presides over House session

  • Refers bills to relevant committee

  • Appoints members of the Rules committee

• House Majority Leader

  • Helps Speaker to plan party strategy 

• House Majority Whip

  • Right hand of Maj. Leader

  • Link between leadership and “rank and file”

  • Check who plans to vote and how

  • Persuade “defectors” to vote with the party

• House Minority Leader

  • Plans minority party strategy to take power back

  • Expected to become Speaker if they win

• House Minority Whip

Senate Leadership

• President of the Senate

  • Vice President of the U.S.

  • Presides over the Senate

  • Powerless and thankless job

  • V.P. has better things to do

  • Can only vote to break a tie

• President Pro-Tempore of the Senate

  • Presides in place of the VP

  • Longest serving member of the majority party

  • Also doesn’t want to do it, passes the job off on junior members

• Senate Majority Leader

  • Plans party strategy

  • Places bills on the calendar for voting

  • May speak first on any bill

  • Refers bill to relevant committee

• Senate Majority Whip

• Senate Minority Leader

• Senate Minority Whip

Party Leadership Influence on Legislation

• The party in power can influence legislation in the following ways:

  • Assignment of members to committees

  • Scheduling

  • Agenda-setting (rules committee)

  • Party discipline

  • Use of media

  • Recognition on floor

  • Control of electoral support

Congressional Behavior

• Representational (delegate model) – members vote to please their constituents so the members can get reelected

• Organizational (Partisan Model) – members vote to please their fellow members of Congress because constituents don’t generally pay that much attention to how members of Congress vote

• Attitudinal (Trustee model) – members vote based on their own beliefs, there are too many pressures on members than for any one to take precedence 

Committees

• Committee – expert groups of Congressmen who decide what bills will go to the whole house for a vote

• Most work in Congress is done in committees

• Congress can create ex. Branch agencies and oversee their effectiveness (ie FEMA after Hurricane Katrina, FAA/smoking on airplanes, FBI/CIA after 911)

• Party representation on committees – representation is reflective of the chamber as a whole

  • Party can push its own agenda in all committees

  • Often will be chaired by a member of the party in power

• Logrolling (reciprocity) – trading votes

  • Can speed the process of getting support for a bill

  • Can lead to more pork barrel spending

• Specialization – Members of Congress develop expertise in topics after staying on a committee for a while

  • Can lead to better legislation

  • Helps members get reelected

  • Helps Congress gain independence and power as a branch

• Types of Committees

  • Standing Committee – permanent committees that remain from session to session

  • Select or Special Committees – Temporary committee to investigate wrongdoing or research a special matter

    • Examples: Senate Watergate Committee, Select Committee on Aging

  • Joint Committees – have members of both the House and Senate

    • Conference Committees – compromise different versions of bills between House and Senate

  • Rules Committee – sets the procedures under which a bill will be considered in the house

    • Closed rule – strict time limits, no amendments

    • Open rule – permits amendments

    • Restrictive rule – allows some amendments

  • Ways and Means Committee – has jurisdiction over taxation and other revenue raising measures

    • Very powerful committee because all bills regarding taxation must originate in the House and therefore, in this committee

  
  

Staff Agencies

• Congressional Research Service (CRS) – Provides research at the request of members of Congress

• General Accountability Office (GAO) – Audits federal spending of the executive branch and conducts investigations at the request of Congress

• Congressional Budget Office (CBO) – Examines proposed budget measures and offers opinions about their impacts

How a Bill Becomes Law

• Step 1 – The House

  • Bill is introduced

    • Can only be introduced by any member of the House

    • Bill is read to the entire chamber

• Step 2 – The House

  • Referred to a standing committee

    • Speaker of the House chooses the committee

    • Full committee decides whether to consider it, or “pidgeonhole” it

• Step 3 – The House

  • Referred to subcommittee

    • Chairman of the committee decides which subcommittee

    • Subcommittee does the vast majority of research and work on the bill

    • 90% of bills die in steps 2 and 3

• Step 4 – The House

  • Committee/Subcommittee Hearings

    • Government officials, experts invited to speak in favor or against bills

    • Congressmen may take “junkets,” or trips to locations for further research

    • Meanwhile, they “markup,” or make changes to the bill

• Step 5 – The House

  • Sent back to full committee

    • Committee can either

      • Send the bill to step 6 with a “do pass” recommendation

      • Or refuse to report the bill, thus killing it

    • If the rest of Congress disagrees with a committee’s decision to kill a bill, there is one option

    • Discharge Petition – majority of the House votes to pull a dead bill out of committee

• Step 6 – The House

  • Referred to Rules Committee

    • Places bill on the calendar

    • Sets the rules for time limits and number of amendments allowed

    • If they refuse to put rules on it…

• Step 7 – The House

  • Whole House Debates

    • During debate, members can propose amendments to add onto the bill

    • In the House, amendments must be relevant to the subject of the bill

• Step 8 – The House

  • Whole House Votes

    • Majority vote passes, sends bill to the Senate

• Step 9 – The Senate

  • Introduced in the Senate

• Step 10 – The Senate

  • Referred to a standing committee

    • Senate Majority Leader chooses which committee

• Step 11-12 – The Senate

  • Same as House – referred to subcommittee, back to committee, then out to floor for debate

• Step 13 – The Senate

  • Whole Senate Debates

    • Rules committee is rarely used, so no limits on time or amendments

      • Filibuster – talking at length to stall action on a bill, debate can only be ended by cloture (60 votes)

• Step 14 – The Senate

  • Senate votes

• Step 15 – Conference Committee

  • Members of both houses’ subcommittees that worked on the bill compromise

  • Both houses then vote again on the compromise bill

• Step 16 – The President

  • President has 3 options (maybe 4):

    • 1. Sign the bill, make it law

    • 2. Veto the bill, explain why

      • Goes back to Congress, who can override with 2/3 vote in both houses

    • 3. Wait 10 days and let it become law without his signature

    • 4. (Maybe) Pocket Veto - If Congress ends its session before 10 days are up, bill dies without a veto

Pork Barrel Spending

• Riders - amendments that have nothing to do with a bill

• Generally occurs through a process called “Earmarking”

  • Setting aside money within an appropriations bill and “earmarking” it for a specific purpose

  • For some reason, doesn’t go through typical spending authorization procedures that other spending proposals go through

  • Cost taxpayers approximately $17.1 billion in 2008

• How congressmen “bring home the bacon”

  • Shows constituents that their congressman gets “stuff” for their district or state

  • Helps congressman win reelection!

Consequences of Divided Government

• Divided government: Either Congress is controlled by a different party from the President or the House and Senate are controlled by different parties

  • makes it harder to pass legislation. Congress may pass a bill but the President could veto it. 

  • Causes gridlock

  • Frustration with government

  • Confirmation process is slowed

  • Forces more compromise

Chapter 14: Presidential Powers

Roles of the President

• Chief of State –

  symbol of all the

  people of the United

  States

• Chief Executive – The

  Constitution grants the

  president “executive

  power”

• Chief Administrator-

  Head of the Executive

  Branch

• Chief Diplomat –

  the nation’s chief

  spokesperson to

  the rest of the

  world

• Commander in

  Chief – leader of

  the armed forces

• Chief Legislator –

  main architect of

  public policy, sets

  congressional

  agenda

• Chief of Party –

  leader of the political

  party that controls

  the executive branch

• Chief Citizen – the

  President is

  expected to be “the

  representative of all

  the people.” The

  president is

  expected to work for

  the public interest

Qualifications

• He/she must

  • be a natural born Citizen... of the United

    States.”

  • Be at least 35 years old

  • “Have been fourteen years a Resident

    within the United States”

The President’s Term

• The President’s term in office lasts four years

• At first the Constitution placed no limit on how

  many terms a President may serve

• The Twenty-Second Amendment set the term

  limit to two terms.

• Other benefits include:

  • Living in the White House

  • Offices with a large staff

  • A fleet of automobiles

  • Air Force One and other planes and

    helicopters

  • Camp David – a resort hideaway in Maryland

  • Health care

  • Travel funds

Presidential Succession

1. Vice President

2. Speaker of the House

3. President pro tempore of the Senate

4. Secretary of State

5. Secretary of Treasury

6. Secretary of Defense

7. Attorney General

8. Secretary of the Interior:

9. Secretary of Agriculture

10. Secretary of Commerce

11. Secretary of Labor

12. Secretary of Health and Human Services

13. Secretary of Housing and Urban

    Development

14. Secretary of Transportation

15. Secretary of Energy

16. Secretary of Education

17. Secretary of Veterans Affairs

18. Secretary of Homeland Security

Vice Presidency

• “I am the Vice President. In this I am

  nothing, but I may be everything.” –John

  Adams

• Two Constitutional duties:

  • Preside over the Senate

  • Take over the office of the President if the

    President is incapable or dies

  • Do whatever the President directs them to do

• How V.P is picked

  • Balance the Ticket – pick someone with

    qualities that will draw voters you wouldn’t

Presidential Power

• Granted by Article II of the

  Constitution

• Article II is the most vaguely written

  article and is often interpreted loosely

The Imperial Presidency

• The President’s power has expanded greatly

  since it was created and continues to grow

• Reasons:

  • President is one person –

    doesn’t argue with himself

    like Congress or the Courts

  • Life in America gets more

    complicated, people look

    to the President to fix

    problems

  • National emergencies

    require someone to act

    quickly, which only the

    President can do

  • Congress creates new programs, which executive

    branch must oversee

  • President can use mass media to attract attention

    like no one else in government

Executive Power

• The President must enforce all laws but in

  reality he/she decides how vigorously laws

  are enforced.

• Many of the laws from Congress are broad.

  The executive branch decides the details.

  • Example: Literacy requirements for

    citizenship

• Ordinance Power (Informal)

  • Just as Congress has implied powers, so

    does the President.

  • In order to exercise powers expressed in the

    Constitution the President must have the

    power to issue orders.

  • Executive order – a directive, rule, or

    regulation that has the effect of law

• Appointment Power (Formal)

  • Gives the President the

    power to appoint:

    • Ambassadors and diplomats

    • Cabinet members (ie Sec of

      Defense)

    • Heads of agencies (ie

      Director of the FBI)

    • Judges and U.S. Attorneys

    • Officers in the armed forces

• Removal Power (Informal)

  • Implied from President’s Appointment

    Power

  • Gives him power to dismiss anyone

    he appointed

    • But not judges!

• Treaty making (Formal)

  • Treaty – a formal agreement between two or

    more sovereign states

  • The President (or the Secretary of State)

    negotiates the treaty

  • Senate must approve by a 2/3 vote

• Executive Agreements (Informal)

  • A pact between the President and the head of a

    foreign state, or between their subordinates.

  • Does not require Senate approval-you only need

    51% of Congress to approve

• Power of Recognition (Informal)

  • By receiving a foreign

    diplomat (which is a

    formal power), The

    President, acting for

    the United States,

    acknowledges the

    legal existence of the

    country and its

    government.

• Commander in Chief (Formal)

  • The President is in charge of the Armed

    Forces

  • The founders wanted to avoid allowing the

    military to become too powerful so they

    placed an elected official in control.

  • While the power to declare war belongs to

    Congress, many Presidents have deployed

    troops for other purposes

Legislative Power

• Recommending Legislation (Formal)

  • The President “shall from time to time give to

    Congress Information on the State of the

    Union, and recommend to the Consideration

    such Measures as he shall judge necessary

    and expedient...” AKA State of the Union

    Address

• Veto Power (Formal)

  • Two types of vetoes:

    • Regular Veto – refuses to sign the bill and

      sends it back to Congress; used as a

      bargaining tool

      • Can be overridden by a 2/3 vote of both houses

        only 4% have been overridden

    • Pocket Veto – if Congress adjourns within 10

      days and the President does not sign the bill,

      the bill fails; if Congress is in session-the bill

      becomes law

  • In 1996, Congress granted the President the

    line-item veto. The President could rescind

    parts of a bill that he chose to sign within five

    days.

    • The Supreme Court ruled that the line-item

      veto is unconstitutional because it violates

      the separation of powers.

• Signing Statements

  • When President’s sign bills, some add

    commentary which may express support for

    the law, specify how the executive branch will

    interpret vague parts of the law, or declare

    that the executive branch believes part of the

    law to be unconstitutional.

Judicial Power

• Reprieve – postponement of the execution of a

  sentence

• Pardon – a legal forgiveness of a crime

• These two powers of clemency (mercy) may

  only be used in cases involving a federal offence

  • Commutation – reduce the length of a sentence

  • Amnesty – a blanket pardon on a group of law

    violators

• The president is not immune from judicial process (US Vs. Nixon)

Chapter 15: The Bureaucracy

Bureaucracy

• Bureaucracy - a large, complex administrative structure that handles the everyday business of an organization

The Cabinet

• Department of State (1789)

  • Originally called Foreign Affairs

  • conduct of the nation's foreign affairs and diplomatic initiatives

  • Advise on foreign policy issues

  • coordinate conferences with foreign leaders

  • hammer out treaties and other agreements with foreign governments

  • protect the safety of US citizens traveling abroad

• Department of the Treasury (1789)

  • printing the nation's money

  • sets domestic financial, economic and tax policy

  • manages the public debt and collects taxes 

  • the Secret Service 

  • the Customs Service

• Department of Defense (1789)

  • responsible for supplying military hardware, administering personnel pay and benefits, providing information to the public and military, managing military education programs and attempting to locate missing personnel or prisoners of war.

• Department of Justice (1789)

  • makes sure that federal laws aimed at protecting the public and promoting competitive business practices are implemented

  • The FBI falls under the Justice Department's authority.

• Department of the Interior (1849)

  • manages the nation's natural resources, from land and water to coal and natural gas

  • houses the office responsible for overseeing Native American affairs

• Department of Agriculture (1862)

  • has a broad range of responsibilities that include farming and agricultural products, food stamps and anti-poverty programs, and conservation and natural resource protection.

  • The U.S. Forest Service, with its park rangers and firefighters, is a USDA agency.

• Department of Commerce (1913)

  • responsible for everything we buy and sell

  • commerce officials regulate everything from foreign trade to fishing to the granting of patents

• Department of Labor (1913)

  • administers and enforces laws and regulations that ensure safe working conditions, minimum hourly pay and overtime

  • provides job banks, unemployment benefits and workplace health regulations

• Department of Housing and Urban Development (1965)

  • responsible for ensuring that American families have access to decent, safe and affordable housing

  • enforcing fair housing and equal housing access laws.

  • insuring mortgages for homes and loans for home improvement

• Department of Transportation (1966)

  • Cars, trucks, buses, trains, boats, and airplanes all fall under the Department of Transportation's authority.

  • nation's transportation infrastructure

  • protecting the country's transportation systems

• Department of Energy (1977)

  • works to ensure that the nation has a steady, consistent and safe supply of energy

• Department of Health and Human Services (1979)

  • overseeing the health and well-being of the American people

  • HHS employees work on more than 300 programs and perform essential services ranging from food safety to medical research to drug abuse prevention

• Department of Education (1979)

  • making sure that the nation's public school systems provide students with proper school supplies, educational facilities and qualified teachers

• Department of Veterans Affairs (1988)

  • Best known for its healthcare system, the VA also provides social support services, administers pensions and other veterans' benefits, and promotes the hiring of veterans.

• Department of Homeland Security (2002)

  • protect the nation against further terrorist attacks

Independent Establishments and Government Corporations

• Government Corporations

  • Amtrak: Provides intercity passenger rail service across the United States

  • United States Postal Service (USPS): Delivers mail and packages to every address in the country

• Independent Establishments

  • Agencies

    • CIA

    • FBI

    • NASA

    • EPA

  • Regulatory Commissions

    • FCC

    • FTC

Creation of the Bureaucracy/Patronage/Merit System

• The Constitution does not mention the cabinet or the bureaucracy

• The President may appoint with the advice and consent of the Senate, “ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law.”

• The departments of State, War, and Treasury were created under George Washington.

• The bureaucracy of today is a product of WWII and the Depression, as these events necessitated a more complex and expansive government to manage economic recovery, military engagement, and social welfare programs.

• During most of the nineteenth and twentieth centuries, appointments to the civil service were based primarily on patronage.

• Spoils system (patronage) – giving offices and other favors of government to political supporters and friends

• Pendleton Act (1883)- make merit the basis of hiring, promotion, and other personnel actions in the federal work force.

• Hiring or promotion must be based on qualifications.

• To prove qualifications, a test is often administered.

Constraints on the Bureaucracy/Bureaucratic Independence

• Congress creates the bureaucracy

• Congress creates the rules which the bureaucracy must follow (see pages 415 & 416)

• Congress controls the money supply

• Congress (Senate) can reject appointments

• Congress can impeach members of the bureaucracy

• The courts can declare bureaucratic actions unconstitutional 

• Interest groups can lobby and protest

• Interest groups can influence legislation that affects the bureaucracy

• The bureaucracy is able to act independently due its the structure and complexity.

• Congress and the President can’t deal with everything so they delegate authority (discretionary authority)

• Congress often creates general requirements and leaves the details up to the bureaucracy.  They enforce laws that Congress creates and then creates rules and regulations (administrative law) states must follow

• The bureaucracy is large and therefore hard to control

• Hiring is based on merit and it is hard to fire its members

Presidents and the Bureaucracy/Criticisms

• Presidents do not want to be seen increasing the bureaucracy. 

• Instead, recent Presidents have tried to reduce the bureaucratic work force and reorganize its structure.

• The Bureaucracy has an advantage over the President because individuals in the agencies will last longer than the president

• Despite these attempts at reduction, the size and scope of the bureaucracy has increased due to the growing number of people who work indirectly for the government.

• Red Tape – complex rules and procedures that must be followed

• Conflict – some agencies work at cross-purposes

• Duplication – some agencies do the same thing

• Imperialism – tendency of agencies to grow without regard to the benefits or costs of growth

• Waste – spending more than is necessary

The Iron Triangle: unbreakable system