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Congress

Congress. Persistent Issue: Is Congress’ reputation as the “broken branch” warranted? Central Question: If Congress is the broken branch, what should be done to fix it? Lesson 1 – What are the major roles and responsibilities of Congress? What constitutes fair and effective representation?.

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Congress

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  1. Congress

  2. Persistent Issue: Is Congress’ reputation as the “broken branch” warranted? • Central Question: If Congress is the broken branch, what should be done to fix it? • Lesson 1 – What are the major roles and responsibilities of Congress? • What constitutes fair and effective representation?

  3. Functions of Congress • Make laws • Represent people • Perform oversight • Help constituents • Educate the public

  4. Example of Oversight • The Senate Committee on Homeland Security and Governmental Affairs • Permanent Subcommittee on Investigations (Chair Sen. Levin (D), Ranking Minority member Sen. McCain) • Recent hearing conducted on JP Morgan’s “Whale Trades” – Large financial losses due to risky trades in 2012 • Office of the Comptroller of the Currency (Executive agency responsible for regulating JP Morgan’s activities) • Senate Hearing

  5. Powers of Congress

  6. Congressional Powers Legislative Powers Nonlegislative Powers Propose Amendments Electoral Duties Impeachment Confirm Executive Appointments Confirm treaties Investigate matters that relate to its legislative powers • Power to Tax • Power to Borrow • Regulate Commerce • Currency Power • Regulate Bankruptcy • Conduct Foreign Relations • Declare War • Others

  7. Organization • Congress convenes – begins a new term – every 2 years, on January 3 of every odd-numbered year • A term is broken down into two sessions, one each year • The Constitution requires a quorum, or majority, to be present in order for the chambers to conduct business. • In the House, a Committee of the Whole (100 members) can debate an issue (not vote) • Congress adjourns at different points during any given session

  8. Opening Day - House • Organization of the House • Clerk of the House presides & takes roll of representatives-elect • Members choose a Speaker (really already decided by majority party) • Speaker takes oath of office from Dean of the House • Speaker swears in the rest of the members of the House • Democrats sit on right, Republicans to the left • House elects its clerk, sergeant at arms, chief administrative officer, and chaplain (nonmembers appointed by majority party) • House adopts the rules that will govern its proceedings throughout the term • Developed over 200 years • Now 400 pages • Usually adopted with few changes • Members of the 19 permanent committees of the House are appointed by a floor vote

  9. Opening Day - Senate • Not nearly as difficult as the House (remember it is a continuous body with two-thirds of its members carried over from the previous term) • New members and reelected members sworn in • Vacancies in Senate organization and on committees must be filled • Usually a short, routine day

  10. CONGRESSIONAL DEMOGRAPHICS

  11. Questions • Can a man fairly and adequately represent women’s interests in Congress? • Does race matter when it comes to representation in Congress? In other words, should we be concerned that no African-Americans are in the Senate (soon to be 1)?

  12. 113th Congress • Notes: Sen. Daniel Inouye (D-HI), who died recently, and ex-Rep. Jesse Jackson Jr. (D-IL) are not included in this chart because their seats are open, so the total number of members of Congress included here is 533, not 535. • Sources: Crystal Ball research; House Press Gallery’s House Lineup.

  13. Women in Congress

  14. Personal and Political Background • Not representative of American people • Average member of Congress (both houses) is white male in mid-50s • Most are married with children • Most are members of Christian church • Most are lawyers • Others have business, education, agriculture, journalism, professional politics background

  15. Does Race/Gender Matter? • Descriptive representation: • Goal is to have similar demographic characteristics between representatives and constituency • Substantive representation: • Goal is to have similar opinions between representatives and constituency

  16. Representation • On what basis do members of Congress cast their vote? • Trustees: Use their own conscience and independent judgment to decide issues regardless of the views held by their constituents • Delegates: Believe they should vote the way they think “the folks back home” would want. • Partisans: Lawmakers who owe their first allegiance to their political party. They vote the party line. • Politicos: Combine the roles above. They try to balance and weigh their own views, views of constituents, and party views to arrive at the best decision.

  17. Benefits

  18. Congressional Perks • Salary = $174,000 a year • Leaders get more (i.e. Speaker gets $223,500; $193,400 for President pro tempore of Senate - same for majority & minority leaders of House and Senate) • Tax deduction for maintaining two residences • Travel allowances • Low life & health insurance rates • Pension plan based on years of service (they contribute) • Office space in Washington D.C. & allowance for offices in home district/state • $ to hire staff and for operating expenses of offices • Franking privilege

  19. Congressional Perks • Nice restaurants in Capitol building • Two gyms • Free parking near Capitol and Washington’s airports • Support of Library of Congress • Cannot be arrested while attending a House or Senate session or on way to a session (except for treason, felony, or breach of peace) • Have immunity for things said during legislative debate

  20. Organization of Congress How might the organization of Congress contribute to its reputation as being “broken”?

  21. House of Representatives Leadership Speaker of the House Majority Leader Majority Whip

  22. John Boehner (OH) Speaker of the House • Second in line of succession • Presides over house when in session • Major role in making committee assignments • Extensive control over which bills are assigned to which committees • Appoints or plays key role in appointing legislative leaders

  23. House Majority/Minority Leader • Rounds up votes • Influences committee assignments • Schedules bills Majority Leader Eric Cantor (VA) Minority Leader Nancy Pelosi (CA) Back

  24. Whips • Work with majority (minority) leader to round up votes • Report views and complaints of party members back to leaders Democratic Whip Steny Hoyer (MD) Republican Whip Kevin McCarthy (CA)

  25. Senate Leadership President of the Senate President Pro Tempore Majority Leader Majority Whip

  26. President of the Senate • Vice President • Votes if there is a tie Joe Biden (DE)

  27. President Pro Tempore • Presides in the absence of the Vice President • Mostly honorary position • Typically goes to most senior member of majority party Patrick Leahy (Vermont)

  28. Senate Leaders • “Corralling” Votes • Schedule Floor action • Influence committee assignments Minority Leader Mitch McConnell (KY) Majority Leader Harry Reid (NV)

  29. Senate Whips Similar role to counterparts in the House Majority Whip Dick Durbin (IL) Minority Whip Jon KylRepublican (AZ)

  30. Committees and Subcommittees • Standing Committees: • Permanent • Each deals with separate policy areas or subject matter • Joint: • Members from both Houses • Often related to economy and taxation • Conference Committees: resolve disputes in legislation between houses and reports back a compromise bill • Select: • Temporary • Specific purpose (e.g., Watergate)

  31. Purpose of Committees • Hold hearings • Conduct other research • Write and rewrite (mark-up bills) • Floor managers: help gather votes • Cue givers: “experts” on the bill • Legislative oversight/watchdog: monitor bureaucracy’s administration of policy via hearings • Approve budgets • Investigate wrongdoing

  32. Standing Committees - House • Agriculture • Appropriations • Armed Services • Budget • Education & Labor • Energy and Commerce • Financial Services • Foreign Affairs Homeland Security • House Administration • Judiciary • Natural Resources • Oversight and Government Reform • Rules • Science and Technology • Small Business • Standards of Official Conduct (Ethics) • Transportation & Infrastructure • Veterans’ Affairs • Ways and Means

  33. Standing Committees - Senate • Agriculture, Nutrition, and Forestry • Appropriations • Armed Services • Budget • Banking, Housing, and Urban Affairs • Commerce, Science, and Transportation • Energy & Natural Resources • Environment and Public Works • Finance • Foreign Relations • Health, Education, Labor, and Pensions • Homeland Security and Governmental Affairs • Judiciary • Rules and Administration • Small Business and Entrepreneurship • Veterans’ Affairs

  34. Congressional Caucuses • Informal groups of members of Congress sharing some interest or characteristic • Intraparty • Ideological • Economics/Industry Concerns • Personal Interest • National Concerns • Regional Concerns • State Concerns

  35. Legislative Process

  36. Types of Bills and Resolutions • Private bills vs. public bills • Resolutions • Joint: A proposal for some action that has the force of law when passed; usually deals with special circumstances or temporary matters. Used to propose constitutional amendments. • Concurrent: A statement of position on an issue adopted by the House and Senate; does not have the force of law; does not require the President’s signature • Simple Resolution: A measure dealing with some matter in one house; does not have the force of law; does not require the President’s signature

  37. Legislative Process • Bill is introduced by Senator or Representative and assigned a number (H.R. or S.). It is then assigned a committee. • The committee conducts hearings on the bill to gain information • Special interest groups, government agencies/departments, citizens, experts, etc. often testify before the committee about the bill, its possible consequences, etc. • Committees will also conduct mark up sessions where the bill will be amended • 95% of bills die in committee • Committee process can be avoided in the House by a discharge petition • If a bill passes committee, the committee constructs a report summarizing the provisions and their rationale as well as the committee deliberations and their amendments

  38. Floor Debate • Floor speeches rarely influence congressmen but are used more to inform or justify to constituents how one is voting • Power is given to the Speaker and president of the Senate to recognize speakers • They typically know why a member wishes to speak • Spontaneous speakers are often asked “for what purpose does the member rise” in order to understand what will be said

  39. Floor Debate (cont.) • In the House, the Rules Committee gives control to the bill’s sponsor as well as its leading opponent (most often these are the committee chair and the minority chair) • They often allot small amounts of time to other members, with preference for fellow committee members • The Rules Committee, led by the Speaker, will also schedule when debate will occur on the calendar • Scheduling often allows the bill to die when it is put off until the end of a legislative session

  40. Floor Debate (cont.) • Senate leadership has much less control than the House over who speaks • Unanimous consent is required in the Senate to limit debate • Senators do much more legislating on the floor in comparison to the House

  41. Floor Debate (cont.) • Amendments can also be passed and debated while the bill is on the floor but with many more restrictions in the House • “Killer” amendments: some members insert amendments, which when included makes the bill unacceptable to the majority • Unlike the House, amendments do not have to be germane or pertinent in the Senate (a rider); thus, whole bills may be introduced as amendments on the floor of the Senate • The House may adopt a closed rule setting a strict limit on debate and forbidding the introduction of any amendments from the floor • Debate in the House may be discussed by the Committee of the Whole (100 members) and then referred to the entire House for the final vote.

  42. Floor Debate (cont.) • The Filibuster (Senate ONLY) • Due to the need for a unanimous consent agreement to limit debate, Senators can speak for as long as they wish • To break a filibuster, it requires a 3/5’s vote (60 Senators) to invoke cloture • Filibusters are becoming more common rising from an average of 1 filibuster per Congress in the 1950s to 32 in the 106-107th Congress (1999-2002)

  43. Voting • Voting requires a quorum (218 members in the House) to be present • Voice vote: used in both bodies in which members simply shout yea or nay • Division vote (also known as standing vote): method of voting in both bodies in which members stand and are counted • Teller vote: used in the House, members walk between two tellers (first the yeas, then the neas) • Roll-call vote: names of members are called and each member responds with their vote • “Present” can be used to avoid recording a stance on an issue or vote • Electronic counters in House

  44. Passage of bill from first body (House or Senate) means the bill must then go through the same process in the other body • Conference committee is needed to reconcile differences between House and Senate versions of a bill • Members are often the senior committee members of each body that initiated the bill • Conference committee report, not the final bill, must be approved by both the House and Senate

  45. Veto • A bill is delivered to the president for approval • President has ten days to approve or reject legislation • If congress adjourns during ten day period and the president neither signs or vetoes the bill, it is known as a pocket veto • If a bill is vetoed, both the House and Senate can override the veto with a 2/3’s vote of both bodies

  46. Other Powers

  47. Impeachment • House has sole power to impeach (to accuse or bring charges) • Pertains to President, Vice President, and all civil officers of the U.S. • To be impeached - must commit “Treason, Bribery, or other high Crimes and Misdemeanors” • Impeachment requires a majority vote of the House • Conviction requires a two-thirds vote of the Senate • The Chief Justice of the Supreme Court presides over the Senate when a President is to be tried • Seven people have been convicted (all federal judges)

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