Congress
The Role and Powers of Congress
Congress is the legislative branch of the U.S. democratic republic, responsible for creating public policy through laws and programs.
Its powers are derived from enumerated and implied authorities, including the Necessary and Proper Clause.
The Founders considered Congress the most important branch, holding significant power, particularly the "power of the purse" (taxation and spending decisions) and the ultimate authority to declare war.
Congress is a lynchpin of the system of checks and balances and essential for sustaining federalism.
Bicameralism and Congressional Structure
The U.S. adopted a bicameral legislature (House of Representatives and Senate) to prevent the concentration of power in a single institution or one elected solely by popular vote, fearing an oppressive majority.
Each chamber has distinct roles, adding checks and balances within Congress itself.
The bicameral structure balances the interests of large states (House, proportional representation) and small states (Senate, equal representation).
Certain powers are shared between Congress and the President.
Qualifications for Members
House of Representatives: Must be at least 25 years old, a U.S. citizen for 7 years, and a resident of the state represented.
Senate: Must be at least 30 years old, a U.S. citizen for 9 years, and a resident of the state represented.
States may impose additional requirements for election to Congress.
Congress Today: Challenges and Perceptions
Congress is often described as a "Broken Branch," perceived as unable to solve national problems, too responsive to special interests, and overly focused on fundraising and campaigning.
Public approval ratings for Congress have been consistently low, often around one-third of the population, with a specific rating of 28% in 2021.
A paradox exists: despite widespread disapproval of Congress as an institution, incumbents enjoy very high reelection rates (around 90%).
Shifts in Partisanship and Senate Development
Before 1970, Congress focused on making deals, winning elections, dispensing patronage, and building inter-party coalitions.
Post-1970, Congress became highly polarized by partisanship, leading to a decline in inter-party coalitions, bipartisan bargains, and compromises.
This polarization creates a disconnect between a non-ideological public and their representatives.
Originally, Senators were selected by state legislatures. The 17th Amendment (1913) established the popular election of Senators, partly in response to concerns about the "Millionaires' Club" and political machines controlling state legislatures.
Demographic Makeup of Congress
Historically, the typical representative or Senator was a middle-aged white Protestant male lawyer.
Trends from 1950-2021 show Congress becoming less male and less white.
The 117th Congress (2020-2021) was the most diverse in American history, with 124 lawmakers identifying as minority groups, a 97% increase since the 107th Congress.
Notable increases include women, African Americans, and Latinos in the House, with the Senate showing slower but steady trends towards diversity.
Incumbent Advantage and Representation Models
Incumbents in the House have a very high reelection rate (93% between 1964-2010), with the Senate slightly lower (82%). Congressional seats have become safer.
Incumbents leverage their power to secure programs and funds for constituents, contributing to their advantage.
Representation Models:
* Delegate Model: Members vote to please constituents and secure reelection.
* Trustee Model: Members vote based on their own ideology, believing they know what's best for constituents.
* Politico Model: Members act as trustees until the public becomes vocal, then shift to the delegate model.
House members are generally more ideologically similar to the "average voter" than Senators.
Reasons for Trustee Behavior
Members of Congress may act as trustees due to constituents' lack of access to information (e.g., classified documents).
Reliance on expertise and the complexity of issues.
Difficulty in determining what voters want, especially with divided constituencies or low issue saliency.
A member may vote their conscience.
Leadership in the Senate
The Vice President serves as the President of the Senate, voting only to break ties.
The President pro tempore, chosen by the majority party, presides in the Vice President's absence.
Key leaders include the Majority Leader and Minority Leader, who schedule business, and the Majority Whip and Minority Whip, who rally votes and inform party members.
Notable figures mentioned include JD Vance (VP), Chuck Grassley, John Thune, John Barrasso, Dick Durbin, and Charlie Schumer.
Leadership in the House
Leadership in the House is generally more powerful than in the Senate due to its larger size and stricter rules.
The Speaker of the House is the presiding officer and most powerful figure, elected by the majority party. The Speaker appoints members to committees, influences bill referral, and controls what bills are voted on. Mike Johnson is the current Speaker, and Kevin McCarthy was the first Speaker removed by his own party.
The Speaker controls the legislative agenda, including the House Rules Committee, which dictates debate procedures and amendment possibilities.
The House Majority Leader assists the Speaker, and the Minority Leader serves as the opposition's spokesman.
Whips in both chambers ensure party members vote along party lines.
Congressional Organization and Committees
Party Caucuses (or Conferences) are associations of members advocating for a political ideology or specific interests.
Committees are the most important organizational feature, where the majority party holds control and significant power resides with committee chairs.
Types of Committees:
* Standing Committees: Permanent committees, the most important.
* Select Committees: Appointed for limited purposes, often for investigations.
* Joint Committees: Composed of members from both House and Senate.
* Conference Committees: Ad hoc committees formed to resolve differences between House and Senate versions of a bill.
House Rules Committee: Controls the schedule of bills for debate, reviews, and sets rules for consideration, reflecting House leadership sentiment.
House Ways and Means Committee: Exclusive to the House, it determines tax policy, as tax bills must originate here.
Senate Committees: Conduct confirmation hearings for presidential appointments, utilizing the Senate's "advice and consent" power (e.g., Senate Judiciary Committee).
Committees are crucial for members to serve constituents (e.g., Small Business, Veterans' Affairs, Agriculture committees).
The Legislative Process: How a Bill Becomes Law
Step 1: Introduction: Any member can introduce a bill; if not passed within a session, it dies.
Step 2: Referral: Bills are referred to a committee by the Speaker (House) or presiding officer (Senate). Most bills die in committee. Tax and appropriations bills originate in the House.
Step 3: Subcommittee Hearings: Bills of general interest are assigned to subcommittees for hearings, testimony, and evidence gathering.
Step 4: Committee Markup: Committees revise and add to bills. A majority must report a bill favorably; otherwise, it dies. A Discharge Petition (requiring 218 House members' signatures) can bring a bill from committee to the floor.
Step 5: Floor Scheduling: Bills are placed on a calendar. The House Rules Committee acts as a "Traffic Cop," reviewing bills and setting rules for debate (restrictive/closed vs. open rules). The Senate has no equivalent committee.
Step 6: Floor Debate (Senate): The Senate has no limits on debate, allowing for filibusters and riders (amendments). Double Tracking is used to temporarily set aside filibustered bills.
Step 7: Floor Debate (House): Debate is limited. A quorum of 218 members is needed for passage.
The Filibuster: A unique Senate power allowing prolonged debate to delay or block action. Cloture (ending debate) now requires 60 Senators.
Methods of Voting: Voice vote, Roll-Call Vote (recorded electronically in the House, not Senate), and Standing Vote.
Step 8: Conference Committee: If House and Senate pass different versions, a conference committee reconciles differences. The report must be accepted or rejected by both chambers.
Step 9: Presidential Action: The bill goes to the President for signature or veto. A veto can be overridden by a two-thirds vote in both houses. A bill can become law without signature if the President doesn't act within 10 days while Congress is in session, or it can be a Pocket Veto if Congress adjourns.
Legislative Productivity and Congressional Practices
Legislative output has declined in recent decades due to political polarization and divided government.
Pork Barrel Spending and Earmarks are amendments to bills that direct federal dollars to specific districts or states, often used by members to ensure reelection and gain constituent support.
Logrolling is the practice of trading votes ("Quid Pro Quo") on different bills to secure passage for both.
Congressional Oversight
Standing committees conduct oversight of executive agencies to ensure policies are carried out as intended by Congress.
Oversight methods include committee hearings, confirmation of appointments, investigations, and new legislation.
The budgetary process is a key area of oversight ("power of the purse").
Congressional Checks on the Executive Branch
The Senate's advice and consent power is a significant check on presidential power, requiring Senate approval (2/3 vote for treaties, simple majority for appointments) for presidential nominations and treaties.
Congressional Reapportionment and Redistricting
Reapportionment: Determining the number of representatives per state based on the U.S. Census every 10 years.
Redistricting: States redraw electoral district boundaries, a process often controlled by state legislatures and highly political.
Gerrymandering: Manipulating district boundaries to increase the representation of one party at the expense of another.
* Packing: Concentrating opposing party voters into a few districts.
* Cracking: Diluting opposition voters by splitting districts.
Court decisions like Baker v. Carr (establishing "one person, one vote") and Shaw v. Reno (limiting racial gerrymandering) have addressed these issues.