Structure of Congress

A Bicameral Legislature

• Upper House - Senate (equal representation - 2 representatives per state)

  • Used to be chosen by state legislatures before the 17th Amendment

• Lower House - House of Representatives (population-based, proportional)

  • more accountable!

Congress - “first branch of government” - James Madison

Terms of Congress

• Each Congress lasts for a meeting period or term of 2 years.

• Each term starts January 3 of odd-numbered years.

• Each term is divided into 2 “sessions” which lasts from January to November

• Special Session - Congress meets in times of crisis

• Joint Session - when House and Senate meet (presidential addresses, electoral counts

House of Representatives

• 435 voting members

  • each state has at least one representative, no matter how small they are

• House also has 6 non-voting members from D.C., Puerto Rico, and our 4 U.S. territories

• After each 10-year census, Congress adjusts the number of Reps. for each state (if needed); new seats take effect after 3 years

  • NC recently added a seat

• Elections every even year, Reps take over January 3 of every odd year.

• Reps serve 2-year terms

• Each state is divided into 1 or more “Congressional Districts”

  • Districts must include roughly the same number of constituents

The Senate

• 100 members

  • 2 from each state

  • Senators represent the entire state rather than just a district

• Senators serve 6-year terms

  • Staggered elections every 2 years (1/3, 1/3, 1/3)

Leaders in Congress

• In both the House and Senate, the political party to which more than half the members belong is known as the majority party.

• The other party is called the minority party.

• At the beginning of each term (every 2 years) party members in each house choose its leaders.

• Overall Leaders:

  • House - “Speaker of the House” - next in line for presidency after VP

    • From majority party; leader of House.

    • Counts votes, appoints members to committees, sends bills to committees, gives permission to speak, etc.

  • Senate - VP Presides - breaks vote in a tie; OR President Pro Tempore (senior)

• Other Leaders (both houses):

  • Majority/minority leaders

    • More power in Senate

    • Majority leader in Senate is similar in power to the Speaker

    • Majority/Minority whips

Qualifications and Benefits

• Senator - must be 30, live in the state you represent, and have been a U.S. citizen for at least 9 years

• House - must be 25, live in the state you plan to represent, and have been a U.S. citizen for at least 7 years

  • most have attended college and are lawyers, but this is NOT a requirement

Benefits

• Salary - $174,000 (‘09)

• Can send job-related mail without paying postage - Franking privilege

• Speech and Debate Clause - Constitution grants Senators/Reps immunity to say what they believe is right within Congress (certain situations)

Legislative Powers

• Expressed Powers - Article 1, Section 8 - are clearly listed

• Implied Powers - Article 1, Section 8, Clause 18 - “Necessary and Proper” Clause

  • Elastic Clause - has allowed Congress to “stretch” its power

• Expressed Powers:

  • Lay and collect taxes

  • Borrow money/pay debts

  • Establish naturalization laws

  • Raise an army/navy

  • Regulate commerce

  • Establish a post office

  • Coin money

  • Create lower courts

  • Declare war

  • Promote progress of arts and science

  • Protect patents and copyrights

  • “Necessary and Proper” Clause

• Implied Powers (“Elastic Clause”):

  • Create the IRS

  • Punish tax evasion

  • Establish the Federal Reserve

  • Regulate immigration

  • Set a minimum wage

  • Draft for military

  • Oversee workplace safety

  • Outlaw workplace discrimination

  • Protect against mail fraud

House-Specific Powers:

• Initiate revenue bills

• Initiate impeachment procedures federal officials

• Elect the president in the case of an electoral tie

Senate-Specific Powers:

• Authority to approve/reject presidential nominations to executive and judicial offices

  • SCOTUS - 20% rejected

• Treaties must be ratified by 2/3s vote of Senate

  • Versailles, SALT II

• Tries impeachment trial

  • 2/3s vote to convict

• Most important job of the legislative branch: TO MAKE LAWS

Committee Work

• 1000s of bills are proposed each session, so to make it possible to handle this many, Congress has developed a system of committees

3 Types of Standing Committees

1. Standing Committees - permanent

   1. House has 20, Senate has 16

2. Select/Special Committees - temporary to deal with special issues

3. Joint Committees - members of both houses meet to consider specific issues

   1. 4 permanent - printing, library, taxation, economic

• Most Congressmen/women try to get assigned to important committees that affect their constituents

• Senators/Representatives who have been in Congress longest usually get the referred committee spots (seniority)

• The longest serving committee member from the majority party traditionally becomes “chairperson.”

• The chairperson decides when/if the committee will meet, what bills will be studied, and who will serve on which subcommittees

Most Important Committees

House:

• Ways and Means Committee - considers legislation on taxation

  • taxation has to originate in the House

• Budget Committee - decides the budget of the government

• Appropriations Committee - decides which programs get how much money

• Rules Committee - policemen of ALL bills. Decides the procedures on which bills get voted, the amending process, the debate process, the rules for voting, etc.

Senate:

• Appropriations Committee - decides how money is spent

• Foreign Relations Committee - all treaties go through them

  • Foreign relations items go to Senate

• Senate Armed Services Committee - authority over military, Department of Defense, military research, etc.

Congress - Basic Work

• Lawmaking - most pieces of legislation are in the form of bills.

  • Bills = drafts of law

• Casework - the work done by a lawmaker to help constituents with a problem.

  • Some receive as many as 10,000 requests for info/services a year

• Helping the District or State - members of Congress also try to bring federal government projects to their district/state

  • Public Works - every year Congress appropriates billions for a variety of projects (post office, military bases, dams, etc.) These bring jobs/money into a state/district

  • Grants and Contracts - government projects and grants that primarily benefit the home district are known as pork-barrel projects

2 Categories (all passed through Congress the same way)

• Bills - proposed legislation under consideration by the legislature

  • Private - concern individual people or organizations (and their crimes against the government, etc.) ie.

  • Public - veterans benefits, taxation problems, etc. Concern the entire nation and involve general matters (Ex: taxation)

• Joint Resolutions - no difference between a bill and a joint resolution.

  • Usually used to fix emergency problems.

  • Often used for ONE issue.

  • Ex: Tonkin Gulf Resolution

Role of Legislators

1. Delegate - vote based on how they think the people in their home state or district would want them to vote.

2. Trustee - believes that each question they face must be decided on its own merits. They vote based on their own judgment and ideology.

3. Politico - is a combination of a delegate and a trustee.

From Bill to Law

Steps:

• 1. Introduction - Every bill starts as an idea, which can come form private citizens, the White House, or special-interest groups.

  • A senator or rep. MUST introduce a bill before Congress will consider it.

  • Each bill is given a title and a number when it’s submitted

  • Congress = Proposal power

• 2. Committee Action - after a bill is introduced it’s sent to the standing committee that is related to the subject of the bill. The committee can…

  • Pass the bill

  • Mark up/make changes

  • Ignore the bill and let it die (pigeonholing)

  • Kill the bill by majority vote

• 3. Debating a Bill - bills approved in committee are ready for consideration by the full House or Senate

  • Rules of Debate - House - the Rules Committee sets the terms for debate like putting time limits on discussions, etc.

  • Rules of Debate - Senate - has fewer rules. Senators don’t have time limits.

    • Why filibuster? Senate needs unanimous consent before voting. Can end a filihjbuster with a 3/5 vote for cloture.

• 4. Voting on a Bill - 3 ways; bills require majority vote (51%) to pass

  • House - voice vote (not tallied), standing vote, recorded vote (vote electronically)

  • Senate - voice vote (not tallied), standing vote, roll call vote (tallied)

  • Bills must pass both House and Senate before going to President.

Action by the President

• After a bill is approved by both the House and Senate, it goes to the president. The president has 3 options:

  • Sign the bill and declare it a new law

  • Veto (reject bill). Congress can override it with a 2/3 vote.

    • Choose no action - if Congress is in session, after 10 days of no answer, bill becomes law

    • Pocket veto - if Congress adjourns within 10 days after giving the president the bill, the president can choose not to sign it and the bill will NOT become law.

Congress can override a presidential veto with a 2/3 majority vote.

Congress and the Budget

Preparing the Budget

• Each year, the president and Congress work together to create a budget - a blueprint of how the government will raise and spend money.

• Federal government fiscal year - October 1 to September 30

Budget Process

• In February, the president proposes a budget to Congress. Congress then passes a budget resolution which totals revenues and spendings and sets targets for spending in various categories.

• 2 Types of Spending:

  • Mandatory spending - does not need approval; it is required by law. Ex: social security

  • Discretionary spending - needs approval. Ex: highway construction

• Next, Congress must pass appropriations bills - which approve spending for a particular activity. Must be approved by House, Senate, and the president.

Revenues and Expenditures

2 Parts to Budget:

• 1. Revenues - half of federal revenue comes from income taxes (individual/corporate).

  • Second largest source of income is payroll taxes like social security and medicare.

  • Other sources include excise taxes (on goods), estate taxes (upon death), and entry feeds to nationally run places.

    • 3 Types of Taxes:

      • Progressive Tax - tax rates increase as income increases; our U.S. income taxes are set up this way.

      • Regressive Tax - where the tax rate falls for those who are in higher income brackets (as a percentage of their overall income). Ex: sales tax, social security tax, because poorer people spend more “in proportion” to their income.

      • Proportional Tax - tax takes the same percentage of income from everyone, regardless of how much they earn. Ex: NC income tax - 4.75%

• 2. Expenditures - largest government expenditure is social security.

  • Also national defense

  • The government spends $300 billion on interest payments on our national debt

Why is the president so involved in the budget?

• Because of the Budget and Accounting Act of 1921. It makes the president responsible for directing the preparation of the budget and making the major decisions about national budget priorities.