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.