congress

U.S. Congress GOVT 2305: Representation and Lawmaking

Primary Roles of Legislators

  • Representation:

    • The efforts by elected officials to safeguard the interests of their constituents, those who elected them.

  • Lawmaking:

    • The process of creating policy that addresses the problems and needs of the entire nation.


Theories of Representation

  • Representation:

    • The relationship between an elected official and the electorate.

  • Delegate:

    • An elected official who acts strictly as an agent of the majority that elected them, implementing the wishes of that majority as closely as possible.

  • Trustee:

    • An elected official who is trusted to act in the best interests of the electorate, often based on their own knowledge, as they are assumed to be better informed than the broader electorate.

  • Other Types of Representation:

    • Policy Representation:

    • Congressional efforts aimed at advancing the issues and ideological preferences of constituents.

    • Allocative Representation:

    • Congressional work that secures projects, services, and funding for the constituency.

    • This can lead to pork barrel politics, where funds are used to benefit a particular locality.

    • Casework:

    • Legislative work done on behalf of individual constituents to help them solve issues with government agencies and programs.

    • Symbolic Representation:

    • Efforts by members of Congress to embody American ideals and connect with the values of their constituents.


Conflict Between Representation and Lawmaking

  • The challenge arises when the interests of a local constituency diverge from the national interest.

  • Legislators often prioritize their local constituencies over national lawmaking responsibilities.

  • This discrepancy in representation contributes to the phenomenon where Americans express dissatisfaction with Congress as an institution while maintaining approval for their individual representatives.


Approval of Congress by Party Affiliation

  • Approval ratings show historical trends based on political affiliation from 2020 to 2025, indicating the relative approval of Democrats, Republicans, and Independents towards Congress.

  • Poll Findings:

    • Approval percentages vary across years as follows:

    • 2020: 61% Republicans, 19% Independents, 67% Democrats.

    • 2021: 61% Republicans, with 20% from Independents.

    • 2022: Approval drops, particularly for Congressional incumbents with only a 24% belief that most members deserve reelection.

  • Specific Examples of Reelection Sentiment:

    • 55% believe their district representative deserves reelection.

    • Only 34% believe President Biden deserves reelection, with 11% holding no opinion.


The Role of Partisanship

  • Polarization:

    • Characterized by significant ideological divisions between liberal and conservative parties, alongside a growing ideological consensus within each party.

    • Increased partisan polarization has created challenges for bipartisanship in Congress.

  • Historical Context:

    • Examined through ideological distributions in Congress during different sessions, e.g., the 83rd House (1953-1955), the 93rd House (1973-1975), the 103rd House (1993-1995) and the 113th House (2013-2015), showing evolving party distributions and ideological shifts.

  • Recent polarized dynamics observed in the 119th House (2025-2027) with party divisions of 219 Republicans and 213 Democrats.


Overview of Congress

House of Representatives

  • Party Divisions:

    • Republicans: 219

    • Democrats: 213

    • Independents: 0

    • Vacancies: 3

  • Salaries:

    • Speaker: $223,500

    • House Majority & Minority Leaders: $193,400

    • Representatives: $174,000

  • Demographics:

    • Female Representatives: 129 total (96 Democrats, 33 Republicans)

    • African American Representatives: 61 total (57 Democrats, 4 Republicans)

    • Hispanic American Representatives: 50 total (38 Democrats, 12 Republicans)

    • Asian American Representatives: 21 total (16 Democrats, 5 Republicans) (1 Independent)

Senate

  • Party Divisions:

    • Republicans: 53

    • Democrats: 45

    • Independents: 2 (both caucus with Democrats)

  • Salaries:

    • Vice President: $230,700

    • Senators: $174,000

  • Female Senators:

    • 26 total (16 Democrats, 10 Republicans)


Powers of the House vs. the Senate

  • Bicameral Legislature:

    • A two-chamber system consisting of the House and Senate.

  • Constitutional Differences:

    • Term Length:

    • House: 2 years

    • Senate: 6 years

    • Minimum Age:

    • House: 25

    • Senate: 30

    • Citizenship Requirements:

    • House: 7 years

    • Senate: 9 years

    • Residency Rules:

    • Both must reside in the state represented

    • Apportionment:

    • House: Changes based on population

    • Senate: Fixed per state

    • Impeachment Powers:

    • House: Impeaches

    • Senate: Conducts trials

    • Treaty Powers:

    • House: No authority

    • Senate: Requires 2/3 approval

    • Appointments:

    • House: No authority

    • Senate: Requires Majority approval

Organizational Differences

  • Size:

    • House: 435 members

    • Senate: 100 members

  • Number of Standing Committees:

    • House: 20

    • Senate: 20

  • Committee Assignments:

    • House: 6 max

    • Senate: Approx. 11 max

  • Rules Committee:

    • House: Yes

    • Senate: No

  • Limits on Floor Debate:

    • House: Yes

    • Senate: No (filibuster possible)


Sources and Scope of Legislative Powers

  • Article I, Section 8:

    • Grants Congress the power to legislate on various issues including:

    • Economic Issues

    • Foreign Relations

    • Military Matters

    • Internal Affairs

    • Necessary and Proper Clause:

    • "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."


Checks and Balances

  • Congress and the President:

    • Congress has the authority to pass bills, which the president can either sign or veto.

    • The president executes laws and oversees the executive branch, while Congress maintains oversight over executive activities.

    • The president appoints cabinet members, ambassadors, and judges to federal courts, where the Senate must give consent (advise and consent role).

  • Congress and the Judiciary:

    • Congress creates laws that the judiciary interprets.

    • Congress can set up lower federal courts, determine salaries, and decide jurisdiction of courts regarding cases.

    • Congress also passes legislation that can limit the discretion of courts in ruling or sentencing.


Texas Congressional Districts

  • Reapportionment:

    • The reallocation of congressional seats among states every ten years following the census.

  • Redistricting:

    • The redrawing of district lines in states with multiple representatives, carried out by state legislators or designated commissions.

  • Gerrymandering:

    • The manipulation of district lines to benefit a particular group or party, often leading to strangely shaped districts.


Types of Gerrymandering

  1. Pro-incumbent Gerrymandering:

  2. Partisan Gerrymandering:

  3. Racial Gerrymandering:

    • Specifically refers to the creation of majority-minority districts following the Voting Rights Act of 1982, which has been deemed unconstitutional by the Supreme Court.


Redistricting Exercise

  • Democrat Strategy:

    • Examples of proposed district mappings (e.g., BERDOR, DDRXDD, etc.).

  • Republican Strategy:

    • Examples of proposed district mappings (e.g., RRRODR, DDRRDD, etc.).


Deciding to Run for Congress

  • Eligibility Criteria:

    • Age, citizenship, residency qualifications.

  • Motivation for Candidacy:

    • Sense of duty, policy ideology, financial benefits, prestige of power.

  • Challenges:

    • High demands of the office, job security concerns, and fundraising expenses.

  • Strategic Politician:

    • A candidate who evaluates their chances of success rationally before deciding to run.

  • Key Questions for Potential Candidates:

    1. Is this a district or state I can win?

    2. Can I defeat my opponent?

    3. Can I secure funding for my campaign?

    4. What are the current national political trends?


Who Gets Elected?

  • Congress does not demographically represent the general public, particularly over-representing white males aged 40+.

  • Descriptive Representation:

    • The concept that an elected body should reflect the demographic composition of the population it represents; however, this remains largely theoretical in the United States.


How Congress Works: Organization

  • Central Role of Party:

    • Congress is organized largely along party lines, which serve as the mechanism for political advancement.

    • Different parties represent distinct ideologies, accentuated by recent trends in polarization and hyperpartisanship.


House Leadership

  • Key Positions:

    • Speaker of the House:

    • Elected by the majority party, presides over floor deliberations, and is considered the most powerful member of the House.

    • Majority Leader:

    • Serves as the second in command, assisting the Speaker.

    • Majority Whip:

    • Works to ascertain voting intentions among party members and persuades them to support party lines.


Senate Leadership

  • Key Positions:

    • Vice President of the United States:

    • Casts tie-breaking votes; when absent, the president pro tempore presides.

    • Majority Leader:

    • Serves as the party leader and is the second in command.

    • Majority Whip:

    • Similar role to the House Majority Whip; engages in vote counting and persuasion.


Congressional Committees

  • Purpose of Committees:

    • Committees are responsible for considering bills and issues, providing oversight of related government agencies, and helping legislators promote their electoral goals.

  • House Committees (Examples):

    • Agriculture, Armed Services, Education and the Workforce, Rules, Ways and Means, Foreign Affairs, Homeland Security, Veterans’ Affairs.

  • Senate Committees (Examples):

    • Agriculture, Nutrition, and Forestry, Armed Services, Energy and Natural Resources, Finance, Homeland Security and Governmental Affairs, Veterans’ Affairs.


Types of Committees

  1. Standing Committee:

    • A permanent committee focused on specific policy areas, undertaking legislative drafting and oversight duties.

    • Example: House Rules Committee determines debate processes.

  2. Select Committee:

    • Created to address specific issues not handled by standing committees.

  3. Joint Committee:

    • A combined committee with members from both the House and Senate aimed at coordinating activities and expediting legislation.

  4. Conference Committee:

    • Formed temporarily to reconcile differences between House and Senate versions of a bill.


How Congress Works: Process and Politics

  • Legislative Structure:

    • U.S. Congress operates as a bicameral legislature with 435 House members, a fixed Senate size, and a fragmented legislative power structure.

  • Norms of Conduct:

    • Informal rules governing behavior in Congress have evolved, affecting the overall dynamics and integrity.

  • Legislative Agenda:

    • Influenced by the President's State of the Union, major events, and legislators’ initiatives.

  • Legislative Process:

    • Bills are introduced, often facing initial committee hurdles where many fail or are marked up for further consideration.


How a Bill Becomes a Law

  1. Introduction of the Bill:

    • Following introduction, the bill transitions to committees for review.

  2. House Rules and Senate Amendments:

    • The House has specific rules enforced by the Rules Committee. The Senate allows for amendments and filibusters, which are halted through cloture.

  3. Final Consideration:

    • Requires voting by the full House or Senate.

    • If the bill differs in language, it must undergo reconciliation in a conference committee.

  4. Presidential Approval:

    • The president can sign or veto; Congress can override vetoes with a two-thirds majority in each chamber.


The Citizens and Congress

  • Public Discontent with Congress:

  1. Changing campaign dynamics fostering voter cynicism.

  2. Negative media portrayals of Congress.

  3. Reliance on financial backing causing distrust regarding special interest influence.

  4. Public fatigue due to rampant partisanship, desiring efficiency.

  5. Founders’ intent for a slow-moving legislative process to consider all aspects.