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:

    1. Legislation: Creating and voting on laws.

    2. Representation: Acting on behalf of constituents.

    3. Oversight: Monitoring and overseeing the executive branch to ensure proper law enforcement and spending.

    4. Advice and Consent: Providing advice and consent on treaties and presidential appointments.

    5. 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:

    1. Hearings: Testimonies and evidence are presented.

    2. Mark Up: The bill is debated and revised.

    3. 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:

    1. Constituents: The preferences and needs of their electorate.

    2. Interest Groups: External organizations that may lobby and provide information.

    3. 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.