Changes in Congressional Power

Changes in Congressional Power

Page 2: Term Length & Power

Result of the Great Compromise

• House of Representatives:

  • 2-year terms; every Representative is up for reelection each Federal Election.

• Senate:

  • 6-year terms; only one-third of Senators are up for reelection during each Federal Election.

Insights from George Washington

• Quote: "We pour legislation into the senatorial saucer to cool it."

• Implication:

  • Representatives are more responsive to immediate desires of the American people due to frequent elections.

  • Senators, with longer terms, provide reasoned deliberation as a "cooling influence."

  • In landslide elections, not all members of Congress can be changed as only one-third of the Senate is up for election.

  • Increased power of Senators compared to Representatives.

Democratic Dimensions

• House: Reflects Participatory Democracy.

• Senate: Reflects Elite Democracy.

Page 3: The Expanding Size of Congress

• Increased complexity in lawmaking due to more members of Congress.

• Historical Growth:

  • First Congress: 26 Senators. Today: 100 Senators. (Two Senators per state).

  • House of Representatives:

  • The Constitution allows Congress to set the total number of House members.

  • A maximum of 1 representative per 30,000 people; 15,000 in early years.

  • Permanent Apportionment Act of 1929 established 435 members in the House.

  • Current Ratio: 1 Representative for approximately 761,000 people, tripled over the past century.

• Larger ratios necessitate linkage institutions to connect representatives with constituents.

Page 4: Congress & Implied Powers

• Expansion of Power Post-Constitution:

  • Congress's power began to expand almost immediately after the Constitution's ratification.

• Loose Constructionism:

  • Widely accepted philosophy allowing Congress to interpret powers as "necessary & proper."

• Development of Congressional Committees:

  • Committees formed to exercise better control over expanded powers.

  • Major Committees Include:

  • Ways and Means Committee: Responsible for tax-writing.

  • Commerce Committee: Regulates interstate commerce.

  • Foreign Relations Committee: Manages foreign policy and treaties.

• Implied Powers Defined: Powers derived from the Necessary & Proper Clause in the Constitution.

Page 5: Congress & the Bureaucracy

• Congress has used implied powers to create departments/agencies since Washington's Administration.

• Establishment of the Federal Bureaucracy, which is part of the Executive Branch but oversees the implementation of laws.

• Key Points:

  • Bureaucracies report to the President's cabinet.

  • They can enact regulations that have the force of law without Congressional approval.

  • Result: Decreased Congressional control over daily regulations impacting citizens.

  • Example: The Pure Food and Drugs Act of 1906 prohibited the interstate sale of adulterated or misbranded food/drugs.

Page 6: Congress & the States

Popular Sovereignty

• Concept of allowing states to decide as free or slave states before the Civil War reflects popular sovereignty.

• Prior to the Civil War, Congress had limited oversight of state governments.

• Nullification Crisis (1832): South Carolina's attempt to nullify a federal tariff led to President Jackson’s intervention.

• Following the Civil War:

  • Congress expanded its authority over states, dictating terms for state reentry into the Union during Reconstruction.

  • The 14th Amendment increased Congressional oversight to ensure equal protection and due process, not fully realized until the Civil Rights era (1960s).

  • Dual Federalism dominated until the 20th century.

Page 7: Shifts in Power Between Congress & States

• Influence of state governments over Congress has diminished:

  • 17th Amendment: Senators are now directly elected by the populace, not appointed by state legislatures.

  • Congress members respond to citizens rather than state government directives.

• Increased Grants: Congressional grants have expanded federal power over states, often tying grant money to compliance with federal mandates.

• Historical Example: States not raising drinking ages in the 1980s faced withholding of federal highway funds.

• Transition to Cooperative Federalism since the New Deal, resulting in heightened interaction between state and federal powers.

• Block Grants: Broad funding for state programs.

• Categorical Grants: Specific funding for defined purposes.

Page 8: Congress & the President

Original Intent of Congress

• Founding fathers intended Congress to be the most powerful government branch, tasked with lawmaking while the President executed these laws.

• Political Party Rise: Over time, Presidents gained more power and began operating as heads of their respective parties, prioritizing party allegiance over inter-branch loyalty.

• Madison’s View in Federalist 10: He argued that factions would be contained; however, rise in party politics led to a dilution of Congressional power.

Page 9: Presidential Power vs. Congressional Power

• Concessions by Congress: Voluntary ceding of power from Congress to the Executive Branch has led to increased Presidential power.

• Action Without Congressional Approval:

  • Presidents can announce tariffs and enter foreign agreements without Congressional ratification.

  • Presidents can issue executive orders, which also carry the force of law but lack require Congressional approval.

  • The ability of Congress to declare war has diminished; since WWII, troop deployments have largely resulted from Presidential orders rather than Congressional directives.

• This trend contradicts Madison’s Federalist 51 view that understood "ambition" as a counter to ambition.

Page 10: Congressional Districts & Redistricting

Page 11: Representation in the Senate & House

• Senators: Elected by entire state to represent the state as a whole.

• Representatives: Elected by districts within the state to specifically represent those districts; a result of the Great Compromise.

• The 17th Amendment secures direct elections of Senators while maintaining equal state representation in the Senate.

Page 12: District Size Considerations

• Each Congressional district represents approximately 761,000 people, but populations vary.

• Examples:

  • Wyoming: 581,000 population, 1 Representative.

  • Delaware: 1,000,000 population, also 1 Representative.

  • Virginia’s 5th district: 797,420; Virginia’s 6th district: 784,909.

• The importance of maintaining equal district size reflects the principle of Popular Sovereignty.

Page 13: Reapportionment Process

• Conducted every ten years post-Census (most recent: 2020).

• Census data determines the distribution of 435 seats in the House of Representatives.

  • States with population growth may gain seats; those with slower growth might lose seats.

• Historical Context: Until the abolition of slavery, the Three-Fifths Compromise allowed states to count 3/5 of the enslaved population for Congressional apportionment.

Page 14: Redrawing District Lines

• Redistricting: The process wherein states redraw Congressional district lines after the Census.

• In Virginia, redistricting is overseen by a bipartisan commission; if it fails to reach decisions, the Virginia Supreme Court steps in.

• Redistricting illustrates the practice of Federalism by demonstrating state control over Congressional representation.

Page 15: Gerrymandering

• Defined as manipulating district shapes to favor one party, often undermining the democratic value of voter representation.

• Origin of Term: Derives from a political cartoon of Massachusetts Governor Elbridge Gerry.

Effects of Gerrymandering

• May reinforce Elite Democracy by reducing perception of voter influence.

• Strategic Manipulation:

  • Packing: Concentrating minority voters into a single district.

  • Cracking: Dispersing minority voters across multiple districts.

Page 16: Limits on Redistricting & Gerrymandering

• The Voting Rights Act of 1965 prohibits racial gerrymandering.

• Both packing and cracking techniques are illegal.

• The Supreme Court is responsible for adjudicating instances of racial gerrymandering.

  • Proving racial gerrymandering is often challenging due to the allowance of partisan gerrymandering.

Page 17: The Legislative Process - How a Bill Becomes a Law

Page 18: Step 1: Writing the Bill

• A bill serves as a rough draft aimed at proposing a law to address national issues or the desires of the populace.

• Bills can be drafted by:

  • Members of Congress and their staff

  • Concerned citizen groups

  • Policy-making think tanks (reflects Pluralist Democracy).

Page 19: Step 2: Introduction of the Bill

• A Congress member sponsors the bill for it to be introduced.

  • Co-sponsors can demonstrate support for the bill.

• Bills submitted to the Speaker of the House or the President of the Senate can be “tabled” or sent to committee for further review.

Page 20: Step 3: Committee Review

• Leaders of Congress assign bills to specific committees.

  • Committees hold hearings, revise bills, and vote on them.

• If rejected, the bill is said to have “died in committee.”

• Examples of Committees:

  • House and Senate committees like Agriculture, Appropriations, and Judiciary, among others.

Page 21: Important Congressional Committees

• House Committees:

  • Ways and Means: Handles tax bills.

  • Oversight & Government Reform: Investigates government misconduct.

• Senate Committees:

  • Foreign Relations Committee: Approves presidential nominations for diplomats.

  • Judiciary Committee: Approves federal judges.

• Power of the Purse: Tax bills must originate in the House.

• Checks & Balances: Senate involvement in confirming appointments.

Page 22: Voting on the Bill

• If approved by committee, the bill proceeds to the floor of either the House or Senate for debate and voting.

  • Approval leads to the other house’s consideration; rejection results in the bill’s demise.

Page 23: Chamber-Specific Rules

House of Representatives

• Revenue bills start in the House.

• A “Committee of the Whole” allows all members to debate without standard rules.

• Members can file a “Discharge Petition” to force floor debates.

Senate Procedures

• Bills typically require “unanimous consent” for debate.

• Senators can object, resulting in a “hold.”

• Filibusters can delay votes, requiring 60 votes for cloture.

Page 24: Conference Committee

• Formed when the House and Senate pass differing versions of a bill.

• The committee reconciles differences and submits the final version back to both houses for approval without further amendments.

Page 25: President's Role & Resolution

• Once both houses approve, the bill reaches the President.

• The President may sign it into law, veto it, or allow it to become law without signature in 10 days, unless Congress is out of session (pocket veto).

• Overrides require a 2/3 majority in both houses.

Page 26: Influence of Interest Groups

• Lobbying Power: Groups like the NRA spend considerable amounts to influence laws.

• Logrolling: Members support each other's bills in exchange for reciprocal support.

• Pork-Barrel Spending: Additional local benefits added to bills for constituency support, exemplified by funding requests for projects that benefit specific districts.

Page 27: Example of the NRA's Lobbying Power

• Total lobbying expenditures:

  • $5.12m (2012)

  • Expenditures fluctuated over years, showing how money influences legislative priorities.