The document provides an overview of Congress, comparing it to Parliament and describing its evolution and organization. Key points include: - Congress has more independence than Parliament but is also more decentralized - The Founders created a bicameral legislature to balance large and small states - Over time, Congress has shifted between periods of strong central leadership and more decentralized decision-making - Major differences between the House and Senate include size, terms, representation, and powers - Congress is organized through party leadership structures, committees, and specialized staff and offices

1. Congress – Chapter 11 AP U.S. Government & Politics Mr. S. Kolesar, 3/2008

2. The Ultimate Power Broker? “ First Branch” of American gov’t Power of the purse Can pass a law over exec. veto Can expand or contract the appellate jurisdiction of the Supreme Court

3. Congress v. Parliament Candidates elected through primaries, little party influence Less powerful – people select the executive Free to express views and vote as they wish Principal daily work = representation & action (mostly in committees) Membership & loyalty through national party organizations Majority party controls gov’t, i.e. – selects prime minister etc… All party members vote together – won’t get re-nominated if you don’t Principal daily work = debate

4. Congress v. Parliament Independent Decent salary, up to 22 staffers, “franking privilege”, large office budgets More concerned with own constituencies and careers Decentralized institution Lack of independence Poorly paid, tiny staff, tiny budgets More concerned with party activities Centralized institution

5. The Evolution of Congress Founders created a bicameral (two-house) legislature Balance between large & small states HOR elected directly by the people Senate chosen by the state legislatures Adjusted by Constitutional Amendment

6. Senators were elected by state legislatures. In 1913, the 17 th Amendment led to the direct election of Senators (1913) Increased voters’ power and reduced corruption in Senate 17th AMENDMENT

7. Evolution of Congress Periods of strong central leadership Current trend towards decentralizing decision-making and enhancing the power of the individual member Ex. HOR all-powerful speaker or ? HOR size creates issues in balancing power

8. Evolution of Congress The Senate size avoids some of the HOR issues Easier to balance interests Fixed size per state, not effected by the census Filibuster – prolonged speech, or series of speeches designed to delay action is a part of the history of unlimited debate in the Senate

9. House History: Six Phases The Powerful House - 1st 3 administrations The Divided House – 1830’s through Reconstruction, divisive issue of slavery produced no true majorities or leadership in the House The Speaker Rules - 1880’s to 1910 The House Revolts – 1910-1960’s, the speaker loses power to committees The Members Rule – 1960’s to 1990’s, committee chairs lost power (not on seniority), individuals gained positions and power The Leadership Returns – 1990’s to ? – Increased power back to the speaker, reduction in # of committees

10. differences Major Differences Between the House and Senate Larger body 435 members Based on Population Shorter term = 2 years Smaller constituencies elected from districts Younger membership Less prestige Lower visibility in news media Congressmen or Representatives At least 1 rep. per state Elected by popular vote Called the “lower house” $174,000— 27 th Amendment Smaller body 100 members Equal Representation Longer term 6 years - continuous body Larger constituencies -elected from entire state Older membership More prestige Higher visibility in news Called Senators 2 Senators per state Chosen by state congresses until 17 th Amendment ---popular vote Called the “upper house” $174,000--- 27 th Amendment House of Representatives Senate

11. EXCLUSIVE POWERS OF THE HOUSE Powers only given to the House of Representatives. Bring charges of impeachment. Elects President if there is no majority in the Electoral College. Elects its own officers. Judges the qualifications and disciplines its membership. Expel or censure members of the House.

12. The Constitution directs Congress to Apportion or distribute the seats among the states in the HOR based on their POPULATIONS . Every state is required to have one representative in the HOR. Congress has changed the number of seats in the HOR as the nation has grown. 65 Seats in 1789 to 1793 Increased to 106 from 1794 to 1800 142 seats from 1801 to 1810 186 seats from 1811 to 1820 By 1912, 435 seats APPORTIONMENT

13. Article 1 of the Constitution directs Congress to Reapportion or redistribute the seats in the HOR after each decennial census …. Reapportionment Act of 1929 Permanent size of the House is 435 members Census Bureau conducts a decennial census and reapportions the seats each state should have. Submitted to the President , sends it to Congress Both Houses have 60 days to approve it….. If neither rejects the plan, it becomes effective. REAPPORTIONMENT

14. CO 9 (8+ 1) MT 3 GA 15 (13+2) Total Representatives = 535 Senate = 2 per state = 100 House of Representatives = 435 Parenthesis show + or – changes NV 5 (4+ 1) CA 55 (53+ 2) TX 34 (32+ 2) OK 7 (8-1) AZ 10 (8+2) WI 10 (11-1) WI FL FL 27 (25+2) MS MS 6 (7-1) NY 31 (33-2) NY PA IL 21 (22-1) CT 7(8-1) MI 17 (18-1) MI IN 11 (12-1) OH 20 (21-1) NC 15(14+1)

15. SITS AS JURY DURING IMPEACHMENT ELECTS V.P. IF NO MAJORITY IN ELECTORAL COLLEGE RATIFIES TREATIES AND APPOINTMENTS ELECTS OWN OFFICERS JUDGES THE QUALIFICATIONS AND DISCIPLINES ITS MEMBERSHIP EXCLUSIVE POWERS OF THE SENATE

16. Who is in Congress? Typical member = middle-aged, white male protestant lawyer See chart on page 289 Trend = growth towards diversity (women, Hispanics, African-Americans), more in the HOR than the Senate, but still underrepresented as %’s of total population.

17. Who is in Congress? Incumbency Professional politicians No term limits – 1995 HOR approved constitutional amendment – died in the Senate Approximate 90% rate of incumbent re-election rate

18. Who is in Congress? Marginal districts – winner gets less than 55% of the vote Safe Districts – winner gets more than 55% of the vote HOR trend = more towards safe districts Why? Familiar name, party, franking, re-districting

19. Who is in Congress? Party 1933-1998 – 33 Congresses (a new Congress convenes every 2 years) Democrats controlled both houses in 25, and at least 1 house in 28

20. Who is in Congress? Why? Redistricting by Democratically controlled state leg., incumbency privileges, better, more-experienced candidates 1990’s changes Why? Mess in D.C., scandals, corruption, anti-professional politician attitude, redistricting, etc…

21. Do Members Represent Their Voters? (& the three theories) Representational View – members want to get reelected and vote to please constituents. Big on hot issues, (civil rights, social welfare, gun control, abortion). Constituents often split on key issues. Organizational View – Not essential to please constituents, as most do not know how their rep has voted, but important to please fellow members of Congress. Typically party-line voting, or through info from committees, etc… Attitudinal View – So many conflicting views that they cancel each other out. Reps then vote on the basis of their own beliefs. Liberal v. Conservative, Democrats are more ideologically divided.

22. The Organization of Congress The Senate Senate Majority party chooses the president pro tempore (requirement by Constitution for a presiding officer in absence of the V.P.) President Pro Tempore Robert C. Byrd Democrat, West Virginia

23. The Organization of Congress The Senate Majority Leader Schedule business Right to be recognized 1 st in any floor debate Serve additional needs of senators Minority leader Serve the needs of the party Mitch McConnell (Kentucky) Whip Party leader who makes certain that party members are present & vote the way of the party Richard Durbin (Illinois) http://www.senate.gov/pagelayout/senators/a_three_sections_with_teasers/leadership.htm Majority Leader Harry Reid Democrat, Nevada

24. The Organization of Congress The Senate Policy committees – chosen by both parties help schedule Senate biz Dems – Steering Comm. Repubs. – Committee on Committees Both assign senators to standing committees Huge for BOTH individual senators & their constituents

25. The Organization of Congress The Senate Party control helps determine what issues get to the floor for a vote Party leadership also helps set the ideological and regional balance of the committee members

26. The Organization of Congress The House Party structure similar to that of the Senate Leadership is more powerful due to rules due to size (435) Debate restricted Strict scheduling of business Speaker elected by majority party Current – Dem. Nancy Pelosi

27. The Organization of Congress The House Duties of the speaker Presides over all house meetings Decides who is recognized to speak on the floor Rules on relevance Decides (generally) the committees to which new bills shall be assigned Influences what bills will be voted on Appoints members of special/select committees Nominate the majority-party members of the rules Committee Informal – patronage jobs, office space, etc…

28. The Organization of Congress The House Majority Leader The Majority Leader is the second-ranking official in the United States House of Representatives. Congre-ssman Steny Hoyer, who represents Maryland's Fifth Congressional District, was elected House Majority Leader by the Democratic Caucus on November 16, 2006. Minority Leader Whips See chart on page 300 (Wilson) for Party Leadership Structure of Congress See diagram on page 301 for the layout of the U.S. Congress

29. Party Unity Party polarization – a vote in which a majority of voting Democrats oppose a majority of voting Republicans Seemingly the norm in the House & Senate Ex Clinton’s impeachment Partisanship

30. Caucuses Caucus – an association of members of Congress created to advocate a political ideology or a regional or economic interest. Members benefits: Gaining information I.D. as a “leader” Showing concern over the issues

31. Caucuses 6 Types of caucuses Intraparty – members share a similar ideology Ex. Dem Study Group Personal Interest – form around a common interest on an issue Ex. Human Rights Constituency Concerns, National – established to represent certain groups Vietnam Veterans

32. Caucuses 6 Types of caucuses Constituency Concerns, Regional – to represent regional concerns Ex. Sunbelt Council Constituency Concerns, state/district – to represent states/districts Ex. Suburban Constituency Concerns, industry – to represent certain segments of biz Ex. Steel

33. The Committee System “ Most important” organizational feature of the House and the Senate Chairmanship, power, number & jurisdiction are all key components of (sub)committees 3 Types of committees 1. Standing – permanent bodies with specific legislative responsibilities 2. Select – groups appointed for a limited purpose, usually lasting a few Congresses. 3. Joint – both representatives & senators serve Ex. Conference comm. – to resolve differences in the Senate & House versions of the same piece of legislation before passage.

34. The Committee System Majority party typically takes the majority of committee seats, & name the chairman. Ratios of members are (usually) similar to that in Congress

35. The Committee System Standing committees are the most important – only ones that can (typically) propose legislation by reporting a bill to the floor. House members usually serve on 2 standing committees & 4 subcommittees Limited to one if you serve on an “exclusive” committee (Appropriations, Rules, Ways & Means) Senators usually serve on two major and 1 minor committee & 7 subcommittees

36. The Committee System Chairs are typically picked by seniority Committee rules for the House & Senate are on pages 306 & 307 (Wilson) Goals were to increase power of individual members at the expense of party leaders Pros v. Cons ?????

37. The Organization of Congress Staffs an Specialized Offices 1998 – Average Rep. 17 assistants Average Senator 40+ assistants Huge personal staffs + committee & research staffs = huge bureaucracy

38. The Organization of Congress Staffs an Specialized Offices Tasks Constituent Requests Answering mail Sending out newsletters Meeting w/ voters Devising proposals Negotiating agreements Organizing hearings Drafting reports Meeting with lobbyists

39. The Organization of Congress Staffs an Specialized Offices In district or D.C.? Legislators have offices in BOTH Loyal to their “boss” Increasing relied upon by their “bosses” Results in staff to staff relations Results in depersonalization of Congress

40. The Organization of Congress Staffs an Specialized Offices Staff Agencies Work for Congress as a whole Examples – General accounting Office (GAO) – 5,000 employees, head appointed by President Congressional Research Service (CRS) – 900 employees, politically neutral

41. How a Bill Becomes a Law USG_How_A_Bill_Becomes_A_Law.ppt Or See pages 312-313 (Wilson)

42. Miscellaneous Facts About – How a bill Becomes a Law “ All bills for raising revenue shall originate in the House” Most bills die in committee A bill may be examined by several committees at one time – multiple-referral Speaker of the House may send the bill to a 2 nd committee, or parts to separate committees – sequential referral House uses several calendars for consideration of bills while the Senate uses only one.

43. Misc.Facts About – How a Bill Becomes a Law A bill on a calendar does not assure action House – (Powerful) Rules Committee governs this process Closed rule – sets time limits on debate & forbids amendment except by sponsoring committee Open rule – permits amendments from the floor Restrictive rule – permits some amendments but not others Bypassing the Rules committee A member moves that rules be suspended 2/3 vote to approve Discharge petition is filed “ Calendar Wednesday” procedure Bills stalled in committee can be “discharged” to the full floor House – discharge petition – 218 members sign to get the bill out of committee then the house vote on that petition Senate – a member can move for discharge, and the Senate votes on the motion

44. Misc.Facts About – How a Bill Becomes a Law Senate Bills may be considered at any time in any order by Senate majority Majority leader sets the calendar with consultation from the minority leader. Senate floor Debate No limits on debate Amendments can be offered at any time Amendments do not have to be relevant to the bill Cloture rule – to end or limit debate (to end a filibuster) – 16 senators petition 3/5 th ’s of Senators must vote for it. Limits debate to 1 hour per senator Double tracking allows the senate to set aside the filibustered bill and work on other issues “to keep the process going”

45. Misc.Facts About – How a Bill Becomes a Law House Quorum – minimum number of members who must be present to conduct business = 100 members Committee of the Whole – whoever happens to be on the floor. Can not pass a bill, but recommends it in its final form to the House for action . Amendments are allowed, but must be germane to the purpose of the bill – no riders allowed Bills usually passed in this form though

46. Methods of Voting House Voice vote – shout yea or nay Division vote – members stand and are counted Teller vote – pass between two tellers, one yea, one nay, and names may be recorded Roll-call vote – answer yea or nay to your name. Electronically recorded.

47. Conference Committees To reconcile a bill passed in the House & Senate in different forms 3-15 members from each house, picked by chairman of standing committees Legislation is often substantially rewritten

48. Conference Committees Report from the committee is sent back to both houses for immediate review It can be accepted or rejected, but not amended Majority – accepted Alternative – no bill at all for that session of congress

49. Reducing Power & Perks Pork-barrel legislation Bills that give tangible benefits to constituents in hopes of winning their votes Franking privilege Earmarks See chart on page 322 (Wilson) for rules on congressional ethics

50. COMPENSATION Senators and representatives are paid a salary of $174,000 a year. Certain members, Speaker of the House and the Senate’s president pro tem , are paid more. Constitution says that Congress fixes its own “ compensation .” Check and balance: President’s veto and fear of voter backlash against a pay increase. 27th Amendment: Congress can give itself a pay raise but takes affect after the next congressional elections.

51. BENEFITS Fringe Benefits “Perks” a benefit awarded to Congressmen because of their public service. suite of offices expense accounts money to set up office in home district phone & computer & broadcast services

52. BENEFITS Fringe benefits -- money for travel for members of Congress and their staff to home state or district Franking privilege -- free postal service on mail to constituents

53. BENEFITS Fringe Benefits Low-cost health care Low-cost life insurance Generous pension plan Free research service at Library of Congress Low-cost meals at special dining rooms

54. LEGISLATIVE IMMUNITY Members of Congress are immune (protected) from arrest for noncriminal offenses while engaged in congressional business. More importantly, the Speech and Debate Clause (Article I, Section 6, Clause 1) protects representatives and senators from suits arising from their official conduct.

55. Freedom From Arrest Constitution grants Freedom from arrest while traveling to and from legislative sessions. This includes minor traffic violations , jury duty , and civil suits (not serious crimes). LEGISLATIVE IMMUNITY

56. Freedom of expression “ protected speech” Congressmen cannot be prosecuted or sued for libel or slander for speeches made in committees or on the floor of Congress Or for what is printed in the Congressional Record . ! &*X#X!! LEGISLATIVE IMMUNITY

57. Penalties for Misconduct Censure : officially declaring disapproval of a member Expulsion : removing a member from Senate and HOR. Privileges and Penalties