Congress Structure and Functions

Overview of Congress

Location

  • Millican Hall, Congress, UCF

Legislative Branch Structure

House of Representatives

  • Membership:

    • 435 members

    • Apportioned by population

  • Term:

    • 2 years

    • Entire house elected every two years

  • Qualifications:

    • At least 25 years old

    • Citizen for seven years

    • Must live in the state where district is located

  • Constituencies: Smaller by districts

  • Prestige: Less prestige

Senate

  • Membership:

    • 100 members

    • 2 from each state

  • Term:

    • 6 years

    • Staggered terms with 1/3 of the Senate elected every two years

  • Qualifications:

    • At least 30 years old

    • Citizen for nine years

    • Must live in the state

  • Constituencies: Larger, entire state

  • Prestige: More prestige

Organization of Congress

  • Term Structure:

    • Two houses meet for terms of two years beginning on January 3rd of odd-numbered years.

    • Each term is divided into two one-year sessions.

  • Special Sessions:

    • The president may call special sessions in cases of national emergency.

  • Rules and Leadership:

    • Each House of Congress chooses its own leadership and determines its own rules.

Election to Congress

House of Representatives

  • Constitutional Guarantee: Each state is guaranteed at least one representative.

  • Election Process: Members are chosen from districts within each state.

Practices Related to Congressional Representation:

  1. Apportionment: Distribution among the states based on population of each state.

  2. Reapportionment: Redistribution of congressional seats after the census determines changes in population distribution.

  3. Congressional Redistricting: Drawing by state legislatures of congressional districts for states with more than one representative.

  4. Gerrymandering: The practice of drawing congressional districts to favor one political party or group over another.

Senate

  • Constitutional Guarantee: The Constitution states that "no state, without its consent, shall be deprived of its equal suffrage in the Senate."

  • Original Selection: Members were originally chosen by state legislatures.

  • Current Process: Since 1913, the 17th Amendment allows for direct election of senators by the people of the state.

Incumbency Effect

  • Definition: The tendency of those already holding office to win reelection.

  • Trend: The effect is stronger for members of the House of Representatives and weaker for the Senate.

Advantages of Incumbency:

  1. Name Recognition: Voters are more likely to recognize the office holder than the challenger.

  2. Credit Claiming: Office holders may have brought government projects and funds into the state or district.

  3. Casework for Constituents: Assisting constituents with problems involving government and bureaucracy.

  4. Visibility: Incumbents are more visible to constituents, using office perks to communicate (e.g., franking privilege).

  5. Media Exposure: Incumbents often receive free publicity during campaigns.

  6. Fundraising Abilities: Typically greater for incumbents.

  7. Experience in Campaigning: Incumbents have prior campaigning experience.

  8. Voting Record: Voters can evaluate their performance based on their voting record.

Term Limits

  • Supreme Court Ruling: The Supreme Court ruled that neither the states nor Congress can impose term limits without a constitutional amendment (US Term Limits, Inc. v Thornton, 1995).

  • Current Status: There are no limitations on the number of terms a member of Congress may serve.

Leadership of Congress

General Structure

  • The majority political party in each house controls the leadership positions in Congress.

House of Representatives

  • Speaker of the House:

    • Presiding officer and most powerful member.

    • Major duties include assigning bills to committees, controlling floor debate, and appointing party members to committees.

    • Elected by members of their political party within the house.

Additional Leadership Positions:

  1. Majority Leader:

    • Major assistant to the Speaker.

    • Helps plan the party's legislative program.

    • Directs floor debate.

  2. Minority Floor Leader:

    • Major spokesperson for the minority party.

    • Organizes opposition to the majority party.

  3. Whips:

    • Help floor leaders direct party members in voting.

    • Inform members of impending votes.

    • Track vote counts and pressure members to vote within the party.

Senate

  • Vice President:

    • President of the Senate but not a Senate member.

    • Cannot debate and only votes to break a tie.

  • President Pro Tempore:

    • Senior member of the majority party designated to preside in the absence of the Senate President.

    • Mostly ceremonial role with limited power.

  • Majority Leader:

    • Most influential member of the Senate and often spokesperson for the majority party.

  • Minority Floor Leader:

    • Performs the same role as the House Minority Leader.

  • Whips:

    • Serve the same role as the House Whips.

Committee System

Overview

  • Most congressional work is done through committees.

  • Advantages of Committees:

    • Divide the work among members.

    • Allow for specialization in studying legislation.

    • Expedite the passage of legislation.

Leadership of Committees

  • Chairpersons:

    • Majority party members in each house chosen by party caucus.

    • Responsibilities include setting agendas, assigning members to subcommittees, and deciding on public hearings.

    • Manage floor debate of bills presented to the full House or Senate.

Selection of Chairpersons:

  1. Based on seniority system (majority party member with longest service).

  2. However, performance may also be considered for selecting chairpersons that are not the most senior member.

Membership on Committees

  • Membership percent reflects the overall percentage of Democrats and Republicans in each house.

  • Members choose committees where they can influence public policy relating to their areas of interest.

Types of Committees

  1. Standing Committee: Permanent committee dealing with specific policy matters.

  2. Select Committee: Temporary committee for a specific purpose, usually investigating an issue.

  3. Joint Committee: Composed of members from both houses; it can be a Select Committee or perform routine duties.

  4. Conference Committee: Temporary committee from both houses created to resolve differences in House and Senate bill versions, serving as a compromise committee.

Caucuses

  • Definition: Informal groups formed by members of Congress who share common purposes or goals.

Congressional Staff and Support

Types of Staff

  • Personal Staff: Work directly for members of Congress in Washington DC and district offices in their home states.

  • Committee Staff: Research problems and analyze information for committees and subcommittees.

  • Support Agencies: Provide services to members, such as the Library of Congress.

Roles of Members of Congress

  1. Policymaker: Make public policy through legislation.

  2. Representative:

    • Delegate: Votes based on constituents' wishes, regardless of personal opinions.

    • Trustee: After considering constituents' views, votes based on their opinions.

  3. Constituent Servant: Assist constituents with problems.

  4. Committee Members: Serve on committees.

  5. Politician/Party Member: Support the political party platform and work towards re-election.

Privileges of Members of Congress

  1. Allowances for offices in their districts or home states.

  2. Travel allowances.

  3. Franking Privilege: Send mailings to constituents postage-free.

  4. Immunity from arrest while conducting congressional business.

  5. Immunity from libel or slander suits for statements made during congressional debates.

Powers of Congress

Legislative Powers

  1. Expressed/Enumerated Powers: Powers specifically granted, mostly found in Article 1, Section 8 of the Constitution.

  2. Implied Powers: Powers that can be reasonably suggested to implement expressed powers, found in Article 1, Section 8, Clause 18 (Necessary and Proper Clause).

  3. Limitations on Powers: Powers denied to Congress by Article 1, Section 9 and the 10th Amendment.

Other Legislative Powers

  1. Electoral Powers: Selection of the president (by House) and vice president (by Senate) if the Electoral College fails to achieve a majority.

  2. Amendment Powers: Congress can propose amendments by a 2/3 vote of each house or call a National Convention if requested by 2/3 of state legislatures.

  3. Impeachment: The House can impeach the president, vice president, or civil officers; the Senate acts as the jury.

  4. Executive Powers of the Senate: Shares appointment and treaty-making power with the executive branch; requires Senate approval of appointments (majority vote) and treaties (2/3 vote).

  5. Investigative/Oversight Powers: Congress can investigate matters within its legislative authority, often reviewing executive branch policies and programs.

Lawmaking Process: How a Bill Becomes a Law

  1. House:

    • Bill introduced and sent to committee

    • Referred to subcommittee, which holds hearings, investigates, marks-up, approves, and sends it back to committee for approval.

    • Sent to Rules Committee for debate rules and scheduling.

    • Full House debate and vote; if different from Senate bill, goes to:

  2. Senate:

    • Bill introduced and sent to committee

    • Referred to subcommittee, same process as House.

    • Full Senate debate and vote; if different from House bill, goes to:

  3. Conference Committee:

    • Members from both houses create a compromise bill reconciling differences.

    • House vote; if passed, goes to Senate vote; if passed, goes to:

  4. President:

    • Signs or vetoes the bill; if vetoed, returned to the House of origination for:

      • Changes to meet President's objections or

      • Passage by 2/3 vote in both houses to override the veto.

Legislative Tactics

  • Definition: Methods, strategies, devices used to block legislation.

    • Caucuses: May form voting blocs.

    • Committee System: Major role in passage; bills may die if committees reject them or fail to act.

    • Filibuster/Cloture:

      • Filibuster: Unlimited debate to stall action on a bill (Senate only).

      • Cloture: Ends debate; requires a petition and a vote of at least 60 senators.

Influences on Congress

  1. Constituents: Members consider the opinions of constituents and voters to gain support for reelection.

  2. Other Lawmakers and Staff: Senior members influence newer members; committee members impact other members; staff provide research and advice.

  3. Party Influences: Members often adhere to their party's platform and position; House members more likely to support party positions than senators.

  4. President: Lobbying by the president through calls, White House invitations, or public appeals for voter support.

  5. Lobbyists and Interest Groups: Provide information and financial assistance for campaigns.