Congress Notes Review: Introduction to the Legislative Branch

Incumbency, incentives, and advantages

Incumbents in Congress are reelected at a very high rate, driven by multiple advantages that reinforce their ability to stay in office.
Major factors contributing to reelection:
- Name recognition and visibility
- Access to more money for campaigns
- Legislative influence and ability to deliver for constituents
- Media exposure and positive public profile
Practical upshots include strong fundraising and structural perks that make challenging incumbents costly and risky.

Leadership, polarization, and the backbone of Congress

Key leadership roles in Congress: Speaker of the House and Senate Majority Leader.
A central topic is polarization: each year, Republicans become more conservative and Democrats more liberal, widening the gap between parties.
The system relies on committees, especially standing committees, which are described as the backbone of Congress and crucial to whether a middle-class-friendly bill can become law.

Structure and fragmentation of Congress

Congress is fragmented across borders and interests with two chambers (House and Senate).
Fragmentation leads to difficulty in achieving unitary action; the president often takes the lead on national issues while Congress handles smaller, more routine matters.
Congress has three main policy roles: lawmaking, representation, and oversight.
Some commentators argue Congress can seem ineffective at national leadership, but it remains central to many domestic functions.

The personal calculus of being a member of Congress

A widely cited view (from political science) is that members are driven by a strong desire for reelection and power, rather than nobility, with a profession focused on maintaining office.
The practical consequences of that focus include strategic behavior aimed at staying in office, including fundraising, district service, and committee assignments.

Compensation, staff, and service to constituents

Salary: estimated at 175{,}000 per year (officeholders)
Staff allocations (per year and capacity):
- House members: about 1{,}000{,}000 to hire 18 permanent staff
- Senators: about 3{,}000{,}000 to 5{,}000{,}000 to hire 30–50 staff
Staff size in other democracies is typically much smaller (average parliament staff is about 3–4 people).
Rationale for large staffs: more staff means more services to constituents, more ears to hear complaints, and more capacity to respond promptly to constituent needs.
Service strategy: personal staff perform services for constituents to provide information and aid, improving perceived responsiveness.

Perks that reinforce incumbency

Travel and communication perks help incumbents stay connected with constituents:
- Free trips between Washington, DC and districts
- Free mail (franking privileges) to disseminate information and maintain contact with voters
These perks give incumbents a continuous, low-cost channel to stay in touch with the public and showcase their work.

Campaign finance and the money race

Campaign fundraising is central to elections:
- Incumbents typically have a strong fundraising advantage, often able to outspend challengers by a wide margin.
- Races can reach very high dollar levels, sometimes between 20{,}000{,}000 and 40{,}000{,}000 in high-profile contests.
Individual contributions: the average contribution from ordinary supporters tends to be small (e.g., around 200 per donor).
Political action committees (PACs): groups aligned with interests can provide substantial campaign financing;
- PACs tend to prefer incumbents due to established access and expectations of favorable policy outcomes.
The combined effect of high fundraising and visibility makes incumbents particularly hard to defeat.

Gerrymandering, redistricting, and electoral protection

Redistricting occurs every ten years after the census to redraw district lines so populations are roughly equal across districts.
The state legislature typically controls redistricting, which can be used to lock in electoral advantages for incumbents or their party (gerrymandering).
Partisan gerrymandering serves the interests of the controlling party in a state and can concentrate or dilute vote shares to protect incumbents;
- The Supreme Court has treated redistricting as a statewide issue rather than an exclusively federal one in some contexts, limiting direct federal intervention.
Visual imagery: districts sometimes become oddly shaped (a “goofy bird” or other odd shapes) as a reflection of strategic manipulation of lines.

Pork-barrel politics and service-based representation

Pork barrel spending: legislatures insert targeted spending into bills to benefit specific districts, increasing political support from constituents.
Rationale: more money returned to districts translates into votes and perceived responsiveness.
Service strategy (constituent services): staff assist individuals with problems, information, and advocacy, strengthening incumbents’ public image.

The life of an incumbent: advantages and threats

The net effect of these advantages creates powerful incentives to seek reelection and to manage controversy carefully.
Disruptive issues can threaten incumbents if they fail to respond effectively (e.g., immigration, gun control, income inequality in 2018).
Personal misconduct can end political careers (e.g., high-profile cases like Duncan Hunter).
The dynamics of scandal, public anger, and retirement contribute to turnover and electoral shifts.

The legislative process: getting a bill from idea to law

Most bills die in committee: roughly a 90% chance a bill dies in committee; many die in subcommittees.
Reasons for high failure rate:
- Many bills are not seriously intended to pass; constituents press a problem, the idea is brought to committee, and then the bill dies.
- Politicians can claim they tried without bearing responsibility for the failure.
If a bill clears committee, it goes to the floor, where House and Senate rules differ:
- House: rules committee controls debate length, amendments, and floor procedures; there are time limits on debate.
- Senate: generally allows unlimited debate; cloture can end debate with a 60-vote threshold (filibuster rule).
Filibuster and cloture:
- A filibuster is the practice of continuous debate to block a bill; the only way to stop it is to invoke cloture and end debate.
- The cloture threshold is typically 60 out of 100 senators.
- The cultural norm is to argue and debate to win support rather than relying on a simple majority.
- There are notable exceptions: since 2013, filibuster restrictions on most presidential nominees; since 2017, restrictions on Supreme Court nominees.
How a bill becomes law after passage in both houses:
- The president can sign into law, veto, or take no action (pocket veto). If vetoed, a two‑thirds override in both chambers can still make it law: rac{2}{3} of both chambers.
- A veto override is rare, making presidential approval a decisive step in most cases.

The president, Congress, and the balance of power

The president’s veto power and the threat of a veto shape Congressional strategy and content of legislation.
Presidential support or opposition can dramatically influence legislative outcomes, especially given the fragmentation and partisan divides in Congress.

The three core functions of Congress, and their scope

Lawmaking: Congress creates and modifies the legal framework that enables governance, with powers including taxation, spending, commerce, and the declaration of war.
- Major powers center on money and policy implementation; many bills involve budget and appropriations.
- Congress is sometimes hesitant to tackle large national issues in one go due to the breadth of voices and the risk of deadlock; the executive branch often bears the lead on major national initiatives.
Representation: Congress represents both national interests and local constituencies; committees balance these concerns.
- Committees focus on local issues, but some areas (like foreign policy) require specialized knowledge where constituent input is limited, necessitating expert decision-making.
- The rise of polarization affects representation, pushing members to serve party agendas and align with partisan voters.
Oversight: Congress monitors and holds the executive branch accountable, including hearings and potential contempt proceedings for noncompliant agencies.
- Oversight is a key check on the presidency and the administration’s implementation of laws.

Representation in a polarized era

The polarization of parties means that Democratic and Republican members are increasingly oriented toward their own bases, with less cross-party negotiation.
Local differences may be deemphasized as national party identity dominates, shaping voting patterns and policy stances.
Some scholars argue that clear party platforms improve voter clarity and accountability, while others argue that extreme polarization hinders compromise and pragmatic problem-solving.

How Congress relates to founders’ intentions and real-world governance

The founders hoped for a spirit of compromise and moderate governance, aiming to transcend petty differences.
The transcript argues that intense partisanship has emerged as a dominant force, complicating cooperation and policy-making.
Despite fragmentation, Congress remains essential for managing numerous small-scale issues and ensuring accountability through representation and oversight.

Key numerical and structural highlights (quick reference)

Incumbent reelection rates: P( ext{reelection}| ext{incumbent}) ext{ is about } 0.92 ext{ in the House and } 0.86 ext{ in the Senate}.
Salary: ext{House member salary} = \$175{,}000.
Staff funding:
- House: \$1{,}000{,}000\text{ per year for 18 staff}.
- Senate: \$3{,}000{,}000\text{ to }\$5{,}000{,}000\text{ per year for 30–50 staff}.
Races and fundraising: high-profile races can reach up to \$20{,}000{,}000\$ to \$40{,}000{,}000.
Redistricting cycle: every 10 years after the census; redistricting is controlled by the state legislature and can be exploited via gerrymandering.
Safe district share: approximately \frac{60}{435} \approx 0.138 \approx 13.8\% of House districts are competitive; the remainder are largely safe.
Filibuster and cloture: to end a filibuster, at least 60 votes are required in a 100-member Senate; cloture threshold is 60/100 = 0.60.
Override of veto: requires a supermajority of rac{2}{3}$$ in both chambers to become law over the president's veto.

Notable examples and anecdotes mentioned

2018 debates highlighted issues like immigration, gun control, and income inequality, which influenced incumbents to retire or face electoral pressure.
Duncan Hunter’s resignation in 2020 after pleading guilty to misconduct related to campaign funds.
The emphasis on “getting things done” through small, controllable pieces of legislation rather than large sweeping reforms.

Summary takeaway

Congress operates through a complex mix of incentives, perquisites, and procedural rules that collectively favor incumbents, especially in a polarized environment.
The core functions of Congress—lawmaking, representation, and oversight—are exercised under structures (committees, floor procedures, and presidential interactions) that shape policy outcomes and the balance of national vs. local interests.
Despite structural and behavioral barriers to rapid large-scale change, Congress maintains a stabilizing role through incremental legislation, district-focused benefits, and accountability mechanisms, even as partisan polarization intensifies.