The Institutional Design of Congress

11.1 The Institutional Design of Congress

Congress was established by the framers in Article I of the Constitution as the primary representative assembly, intended to prevent the rise of an absolute authority. Key powers granted to Congress include legislative oversight, budget control, confirmation of nominations, and the power to declare war.

Origin and the Great Compromise

  • Failure of Articles of Confederation: The weaknesses of the first government led delegates to the 1787 Philadelphia Convention to design a stronger national legislature.

  • The Connecticut Compromise: To resolve disputes between large states (Virginia Plan) and small states (New Jersey Plan), a bicameral system was created.

    • The Senate (Upper House): Consists of 2 members from each state, totaling 100 senators serving 6-year terms.

    • The House of Representatives (Lower House): Comprised of 435 members serving 2-year terms, with seats distributed based on state population.

Apportionment and Gerrymandering

  • Apportionment: Seat allocation in the House is adjusted every 10 years following the U.S. Census using the equal proportions method.

  • Gerrymandering: The manipulation of electoral district boundaries to benefit a specific party or group. While majority-minority districts aim to improve representation, they often face legal and ethical scrutiny regarding the dilution of votes.

Congressional Powers

  1. Enumerated Powers: Explicitly stated in Article I, Section 8, such as the power to levy taxes and regulate commerce.

  2. Implied Powers: Supported by the "necessary and proper clause," allowing Congress to pass laws required to carry out enumerated duties.

  3. Inherent Powers: Assumed essential for the existence of government, including territorial expansion and immigration control.

  4. The Commerce Clause: A vital tool for federal regulation. While historically broad, recent Supreme Court rulings like United States v. Lopez have attempted to define its limits.

11.2 Congressional Elections

Candidacy and Campaign Finance

  • Eligibility: House members must be at least 25 years old and a citizen for 7 years; Senators must be at least 30 and a citizen for 9 years.

  • Funding: Running for Congress is increasingly expensive, with Senate races costing tens of millions of dollars. The Supreme Court's Citizens United v. FEC decision radically changed the landscape by allowing super PACs to raise and spend unlimited funds independently.

The Incumbency Effect

Incumbents enjoy a massive advantage through name recognition, donor access, and historical fundraising gaps. Reelection rates routinely exceed 85\% in the House, making it difficult for challengers to succeed despite public criticism of Congress as a whole.

11.3 Congressional Representation

Representation Models

Representatives often navigate three distinct roles:

  • Delegate Model: Acts strictly according to the expressed will of their constituents.

  • Trustee Model: Uses their own judgment and expertise to act in the best interests of the constituents.

  • Politico Model: A pragmatic blend, switching between delegate and trustee roles based on the political context of the issue.

Descriptive and Collective Representation

  • Descriptive Representation: The degree to which Congress reflects the physical characteristics (race, gender, background) of the U.S. population.

  • Legislative Action: Often involves "bringing home the bacon," or securing federal earmarks and funds for local projects to bolster favor with constituents at home, even while national approval ratings remain low.