Legislative Institutions
Responsibilities of a Member of Congress
Members of Congress have multiple responsibilities:
Legislation: Crafting and enacting laws.
Representation: Acting on behalf of their constituents.
Oversight: Monitoring the executive branch's implementation of laws and spending of funds.
Advice and Consent: Senate's role in confirming appointments and treaties.
Impeachment: Power to impeach and remove officials from office.
House vs. Senate
Congress is bicameral, consisting of two distinct chambers:
House of Representatives:
Total members: 435 (based on population).
Senate:
Total members: 100 (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:
No term limits exist for either the House or the Senate.
Powers:
The House has the power of the purse.
The Senate holds advice and consent powers.
How a Bill Becomes a Law: Introduction
Bill Introduction:
Only a member of Congress can introduce a bill, but zideas can come from various sources, including:
The President
Interest groups
Concerned citizens
Bill Statistics:
Approximately 10,000 - 20,000 bills are introduced in each two-year session.
About 100 - 150 bills typically pass.
Upon introduction, a bill is assigned a number and referred to a committee.
How a Bill Becomes a Law: Committees
Committees in Congress:
Committees perform essential work in Congress; different types include:
Standing Committees: Regularly established committees.
Select Committees: Established for a specific purpose.
Joint Committees: Involve members from both chambers.
Conference Committees: For reconciling different versions of a bill.
Committee Workflow:
Steps include:
Hearings: Gathering information and views on the bill.
Mark Up: Editing the bill text and details.
Referral (Vote): Voting to send the bill to the floor.
How a Bill Becomes a Law: Floor
Once reported out of committee, some bills progress to the floor for debate:
A significant number of bills die in committee, but those that pass move to the floor for:
Debate: Discussing the bill's merits.
Amendments: Making changes.
Voting: Requires a majority to pass.
Differences between the House and Senate floor procedures include:
The House uses a Rules Committee to manage floor debate and amendments.
In the Senate, bills are less restricted and can be subjected to a filibuster.
How a Bill Becomes a Law: Floor Differences
House Floor:
Requires all bills to go through the Rules Committee which sets limits on debate and amendments.
Money-related bills must originate from the House, emphasizing the power of the purse.
Senate Floor:
Does not impose strict rules, allowing for more extended debates.
Filibusters may occur, which can be ended by a cloture vote, requiring 3/5 or 60 votes.
How a Bill Becomes a Law: Conference
To resolve discrepancies between different versions of a bill, a conference committee is formed:
This joint committee works to merge House and Senate versions of the bill.
The final conference bill must receive a majority vote in both chambers before it goes to the President.
This process is particularly important when the House and Senate majorities come from different political parties.
How a Bill Becomes a Law: The Veto
The President's veto process includes:
A 10-day period to either sign or veto the bill.
Congress can override a presidential veto with a two-thirds vote in each chamber.
A pocket veto occurs if the President does not sign the bill within 10 days while Congress is adjourned; the bill effectively dies and must be reintroduced in the next session.
How do Congresspeople Decide on Bills?
Influencing factors for members of Congress while deciding on bills include:
Constituents: The preferences and needs of the citizens they represent.
Interest Groups: Organizations that advocate for specific issues affecting their members.
Political Parties: Aligning with party goals and positions.
Representation: Theories
Various theories regarding representation in Congress include:
Sociological Representation: Representatives share similar demographic traits and experiences with constituents.
Agency Representation: Representatives have incentives to act in the best interest of their constituents to secure electoral support.
Delegate Representation: Members act based on the immediate desires and requests of their constituents.
Trustee Representation: Members exercise their judgment on what they believe best serves their constituents' interests.
Moral question posed: Should Congress members act as “delegates” or “trustees”?
Oversight
Congress has an oversight role concerning the executive branch:
Ensuring adequate spending of funds and proper enforcement of laws.
Recent trends show that oversight has become increasingly political and partisan.
Advice and Consent
The Senate’s role in top-level appointments and treaties entails:
Confirming appointments of executive officials, ambassadors, and federal judges via a majority vote.
Reviewing and approving treaties by a 2/3 vote.
Notably, recent changes to rules concerning the confirmation of Supreme Court justices were prompted by filibuster situations.
Impeachment
Impeachment power allows Congress to remove high officials for:
Treason, Bribery, or other High Crimes and Misdemeanors.
Process:
The House serves as the grand jury, determining if there are enough grounds for impeachment.
The Senate conducts the trial to determine guilt/innocence.
Removes officials via a majority vote in the House and a 2/3 vote in the Senate.
Notable impeachment instances include:
Andrew Johnson, Richard Nixon, Bill Clinton, and Donald Trump.
Additional Topics
Apportionment: The process of distributing legislative seats among the states.
Redistricting: The drawing of new electoral district boundaries.
Gerrymandering: The manipulation of electoral boundaries to favor one party.
Malapportionment: Improperly balanced districts leading to unequal representation.
Majority-Minority Districts: Districts where a majority of the constituents are from a minority group, aimed at enhancing their electoral influence.