American Institutions: The Legislature
American Institutions: The Legislature
Responsibilities of a Member of Congress
Primary Responsibilities: Members of Congress have several key responsibilities, which include:
Legislation: Creating and voting on laws.
Representation: Acting on behalf of constituents.
Oversight: Monitoring and overseeing the executive branch to ensure proper law enforcement and spending.
Advice and Consent: Providing advice and consent on treaties and presidential appointments.
Impeachment: The power to impeach federal officials.
House vs. Senate
Bicameral Congress: The United States Congress is bicameral, consisting of two chambers:
House of Representatives: 435 members, with representation based on state population.
Senate: 100 senators, with 2 senators per state.
Age Requirements:
Senators must be at least 30 years old.
House members must be at least 25 years old.
Term Limits: There are no term limits for either the House or the Senate.
Powers:
The House holds the power of the purse (responsible for revenue bills).
The Senate has advice and consent powers regarding treaties and presidential appointments.
How a Bill Becomes a Law
Introduction
Initiation: Only a member of Congress can introduce a bill, although ideas often stem from:
The President
Interest groups
Concerned citizens
Volume of Bills: Approximately 10,000 to 20,000 bills are introduced in each two-year session, with about 100 to 150 ultimately becoming law.
Process: Once a bill is introduced, it is assigned a number and referred to a committee.
Committees
Role of Committees: Most legislative work occurs in committees.
Types of Committees:
Standing Committees: Permanent committees responsible for specific policy areas.
Select Committees: Temporary committees for a specific task.
Joint Committees: Include members from both chambers.
Conference Committees: Resolve differences between House and Senate versions of a bill.
Committee Process Steps:
Hearings: Testimonies and evidence are presented.
Mark Up: The bill is debated and revised.
Referral: The bill is sent for a vote in the committee.
Floor
Consideration on the Floor: Most bills do not make it past committee; those that do are debated on the floor.
Voting: A majority vote is required for passage.
Rules and Differences:
In the House, the Rules Committee sets parameters for debate and amendments.
In the Senate, there are no such rules, allowing for filibustering, which can be ended by a cloture vote requiring 3/5 or 60 votes.
Conference
Conference Committees: Essential when there are differing versions of a bill from the House and Senate.
Function: They compromise to create a unified version.
Approval Requirement: The compromise bill must be approved by a majority in both chambers before it is sent to the President.
The Veto
Presidential Veto: The President has 10 days to veto a bill.
Overriding a Veto: Vetoes can be overridden by a two-thirds majority in both the House and Senate.
Pocket Veto: If the President does not sign a bill and Congress adjourns within ten days, the bill dies and must be reintroduced.
How do Congresspeople Decide on Bills?
Influencing Factors: Members of Congress consider several factors when deciding on bills:
Constituents: The preferences and needs of their electorate.
Interest Groups: External organizations that may lobby and provide information.
Political Parties: Party alignment and pressure can influence decisions.
Representation: Theories
Concepts of Representation:
Sociological Representation: Representatives share demographic characteristics and experiences with their constituents.
Agency Representation: Representatives have the electoral incentive to act in the interests of their constituents.
Delegate Representation: Representatives act strictly according to constituents' desires.
Trustee Representation: Representatives make decisions based on their judgment of what is best for their constituents.
Debate: Whether Congress members should act more as “delegates” or “trustees” of their voters.
Oversight
Role of Oversight: Congress must oversee the executive branch to ensure laws are enforced and funds are allocated properly.
Political Nature: Oversight activities have become increasingly political and partisan.
Advice and Consent
Senate's Duties: The Senate must confirm significant executive appointments, ambassadors, and federal judges by majority votes.
Treaty Approval: All treaties require a 2/3 vote from the Senate for approval.
Rule Changes: Historically, 60 votes were needed to confirm Supreme Court justices; this rule was recently modified following a filibuster incident.
Impeachment
Impeachment Process:
High officials can be impeached for “Treason, Bribery or other High Crimes and Misdemeanors.”
The House acts as a grand jury, deciding whether to bring forward charges.
The Senate conducts the trial; a majority vote in the House and a 2/3 vote in the Senate is required for removal from office.
Historical Context: The impeachment process has been initiated for presidents such as Andrew Johnson, Richard Nixon, Bill Clinton, and Donald Trump.
Apportionment and Redistricting
Gerrymandering: The practice of drawing district boundaries to favor one party over another.
Malapportionment: Districts that do not have roughly equal populations can lead to unequal representation.
Majority-Minority Districts: Districts where a majority of constituents belong to racial or ethnic minorities, often created to ensure minority representation in Congress.