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Institutions 2013-2014 Our federal government has three parts. They are the Executive, (President and about 5,000,000 workers) Legislative (Senate and House of Representatives) and Judicial (Supreme Court and lower Courts). The ______t of the United States administers the Executive Branch of our government. He e______________the laws that the Legislative Branch (Congress) makes. The Legislative part of our government is called Congress. Congress makes our ________Congress is divided into 2 parts. One part is called the Senate. There are _____Senators--2 from each of our states. Another part is called the House of Representatives. Representatives meet together to discuss ideas and decide if these ideas (bills) should become laws. There are ________Representatives. The number of representatives each state gets is determined by its _____________. The Judicial part of our federal government i____________laws. It is headed by the Supreme Court
Remember it’s a system—lots of actors—all INTERACTING and fighting over who has power What’s wrong? Hint . . . Supremes who have trump power, said it violated the principle of sep of powers and if you want to give him (could it be her?) that then you’d better do what class?
Congress . .. What’s its number one power?????? In our _______ system, this power is shared of course with state legs
It’s a complicated process Why . . . Watch “I’m just a bill . . .” http://www.youtube.com/watch?v=FFroMQlKiag Family guy http://www.youtube.com/watch?v=uf2q66G3lmM
When the goal is to make national law, members must draft their proposals as either bills or joint resolutions. • By tradition joint resolution is used • to amend the Constitution, • to continue funding the govt: "continuing resolutions" • disapproveexecutive actions or federal agency regulations ("disapproval resolutions"). • To approve presidential requests to use armed forces Tonkin Gulf Resolution of 1964 (78 Stat. 384) and the Persian Gulf Resolution of 1991 (105 Stat. 3) • to establish commemorative days. • Like bills, joint resolutions require the President's signature, and they can be vetoed. However, joint resolutions proposing constitutional amendments require state ratification rather than a Presidential signature. VOCAB for How a Bill becomes a Law
The Shutdown Ends http://www.gpo.gov/fdsys/pkg/BILLS-112hjres117ih/pdf/BILLS-112hjres117ih.pdf
Contrastconcurrent and simple resolutions . . .. Which don’t make law • Concurrent resolutions: • must pass both the House and Senate to be enacted, but do not go to the President. • used to give an opinion of the Congress, but without the force of law (so-called "sense of Congress" language), to create a new joint committee of the Congress, to establish a congressional budget, to authorize use of the Capitol rotunda for a ceremony, or anything else that takes action on behalf of both chambers. • Simple resolutions • stay within the chamber they are introduced. • used to speak on behalf of one chamber (e.g. "Sense of the Senate" language), or seek to create a new committee in the House, or propose to change the rules of procedure in one chamber only. Thousands of people passed Sunday night by the remains of Rosa Parks, the first woman to be honored by lying in the Capitol Rotunda
If they don’t make law, why use them? • "for political persuasionand for political cover-- to get their colleagues to agree to certain principles that they will find hard to retreat from when specific bills come before them in the future • to encourage the President to take a specific action (e.g. the Senate passed a resolution expressing the sense of the Senate that the treatment of women and girls by the Taliban in Afghanistan was unacceptable and advising the President to take actions against Afghanistan in the U.N. General Assembly). • to communicate the views of the people of the United States to a foreign nation (e.g. the House has passed resolutions expressing support for dissidents in Cuba and demanding that Cuba release political prisoners, legalize political parties andlabor unions, and schedule free elections). • to extend congratulations or gratitude from the Congress to an individual citizen or a group (e.g. support for our troops abroad or praise for our Olympic athletes or appreciation for the contributions of Rosa Parks).
Examples from this Congress http://thomas.loc.gov/home/LegislativeData.php?&n=Browse&c=113 Look at jt resolutions, concurrent and simple
26.S.J.RES.26 : A joint resolution relating to the disapproval of the President's exercise of authority to suspend the debt limit, as submitted under section 1002(b) of the Continuing Appropriations Act, 2014 on October 17, 2013.Sponsor:Sen McConnell, Mitch [KY] (introduced 10/28/2013) Cosponsors (None) Latest Major Action: 10/29/2013 Senate floor actions. Status: Motion to proceed to consideration of measure rejected in Senate by Yea-Nay Vote. 45 - 54. Record Vote Number: 220.
House Panel Raises Furor on Armenian Genocide Survivors of the Armenian genocide in Turkey attended a session of a House panel that voted to condemn the killings on Wednesday.
Call by U.S. House for Sex Slavery Apology Angers Japan’s Leader August 1, 2007 By NORIMITSU ONISHI TOKYO, Wednesday, Aug. 1 2007— Prime Minister Shinto Abe expressed some irritation on Tuesday at the resolution approved by the House of Representatives in Washington that calls on Japan to acknowledge its wartime sex slavery. His reaction indicated strongly that the Japanese government would not offer surviving victims an official apology.. . . “The resolution’s approval was regrettable,” said Mr. Abe, who caused a furor in Asia and the United States in March by denying that the Japanese military had directly coerced women into sex slavery in World War II. . . . On Monday, the House unanimously passed the nonbinding resolution strongly urging the Japanese government to “formally acknowledge” and “apologize” for its military’s “coercion of women into sexual slavery.” Japan had lobbied hard against the resolution in Washington, warning that it could harm relations.
More vocab . . . Rider: An amendment, usually not germane, that it' sponsor hopes to get through more easily by including it in other legislation. Riders become laws if the bills they are attached to are enacted. The House, unlike the Senate, has strict germaneness rules, so riders are usually Senate devices to get legislation enacted quickly or to bypass possible opposition Closed Rule A rule by the HRC (which stands for??? ) that limits or prevents amendments to a bill placed on the Calendar. Open Rule Decision of the HRC to permit unlimited debate on a particular bill. Restrictive rule: A rule by the HRC that allows some amendments, but not others. See why it performs a “traffic cop” function?
"Christmas tree" bill - Informal nomenclature for a bill: on the Senate floor that attracts many, often unrelated, floor amendments. The amendments which adorn the bill may provide special benefits to various groups or interests. _______________ - On the subject of the pending bill or other business; a strict standard of relevance.
Committees Where the real work gets done The Gatekeepers . . . Or . . . the legislative trenches http://www.govtrack.us/congress/committees/ Some are better for bringing home the pork . . http://www.opensecrets.org/cmteprofiles/earmarks.php .some are more lucrative than others http://www.opensecrets.org/cmteprofiles/
General stuff about committees Standing committees generally have legislative jurisdiction. Subcommittees handle specific areas of the committee’s work. Select and joint committees generally handle oversight or housekeeping responsibilities.The chair of each committee and a majority of its members represent the majority party. The chair primarily controls a committee’s business. Each party assigns its own members to committees, and each committee distributes its members among its subcommittees. The Senate places limits on the number and types of panels any one senator may serve on and chair.Generally, the seniority system means that the chair goes to the member who has served the longest (on the committee) of the majority party Each hires its own staff. The majority party controls most committee staff and resources, but a portion is shared with the minority. The House Committee on Financial Services oversees the entire financial services industry, including the securities, insurance, banking, and housing industries
4functions of committees • Making law: done by standing committees • Confirmation: hold hearings to determine if they should confirm or reject presidential nominees. Examples judiciary, foreign relations (Senate only of course) • Oversight: hearings focus on the implementation and investigation of programs • Investigation: examine allegations of wrongdoing:
Roles of Committees: (1) Making Law Most common fate? To pigeonhole a bill is to, figuratively, place it in a cubbyhole and leave it there - an expression once routinely used when committees sidelined bills by refusing to report them to the full House or Senate for final consideration. The expression is rarely used in contemporary practice. Now, committees are said to "bottle up" a bill.
True . . . A Discharge petition can be used when a bill is bottled up in committee— but rarely is--in the House 218 members must sign petition; in the Senate any member can move to have it discharged (or they can add it as an amendment to another bill later).
House Democrats sign discharge petition http://www.politico.com/story/2013/10/house-democrats-sign-discharge-petition-government-shutdown-debt-ceiling-98219.html
It usually takes four actions. First it asks relevant executive agenciesfor written comments on the measure (remember the reln b/w congress and bureaucracy) . Second, it holds hearings to gather information and views from non-committee experts. At committee hearings, these witnesses summarize submitted statements and then respond to questions from the senators. Assuming a committee or subcommittee favors a measure. . . http://www.youtube.com/watch?v=t39uqg6e4so http://www.youtube.com/watch?v=k1T75jBYeCs Friday, September 24, 2010,
Third, a committee meets to perfect the measure through amendments, and non-committee members sometimes attempt to influence the language. These are called “Markup” meetings. Fourth when language is agreed upon, the, committee sends the measure back to the full Senate, usually along with a written report describing its purposes and provisions
It doesn’t end when it is reported out . . . A committee’s influence extends to its enactment of bills into law. A committee that considers a measure will manage the full Senate’s deliberation on it. Also, its members will be appointed to any conference committee created to reconcile its version of a bill with the version passed by the House of Representatives.
House Cuts Interest Rate for Some College Loans Representative George Miller, chairman of the Education and Labor Committee, sponsored a bill on subsidized loans to college students. Committee works is not done even when bill has been passed out
And more committee actions—in addition to considering bills Role 2: Confirmation Clarence Thomas, whose nomination became embroiled in sexual harassment allegations, testified before the Senate Judiciary Committee on Oct. 12, 1991.
Article II, Section 2 He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Chairman of U.S. Senate Judiciary Committee Patrick Leahy (D-VT) (R) listens as ranking member Sen. Jeff Sessions (R-AL) (L) speaks during hearing for the Kagan confirmation before the Senate Judiciary Committee July 20, 2010 on Capitol Hill in Washington, DC. The committee has voted 13-6, in favor of President Obama’s nomination of Elena Kagan to become an Associate Justice of the Supreme Court of the United States, to replace Justice John Paul Stevens who has retired on June 29, 2010. ( July 19, 2010 - Photo by Alex Wong/Getty Images North America)
Secretary of State-designate Hillary Rodham Clinton with Senators Christopher J. Dodd and John Kerry before a hearing of the Senate Foreign Relations Committee, which is considering whether to confirm her appointment as President-elect Barack Obama's choice to be Washington's top diplomat.
Other roles of Committees: (3) oversight - Committee review of the activities of a Federal agency or program. The secretary of state asserted that progress was being made but declined to rule out widening the war to Syria. Attorney General Alberto R. Gonzales, left, found skepticism Monday from senators including Richard J. Durbin, Democrat of Illinois In three and a half hours of hearings at the Senate Foreign Relations Committee, Ms. Rice was both conciliatory and combative, rebutting the gloomy assessments from senators of both parties but at the end offering a weary concession to Senator Barack Obama, Democrat of Illinois http://www.nytimes.com/2005/10/20/international/middleeast/20diplo.html
THE GENERAL PRINCIPLES OF CONGRESSIONAL OVERSIGHT What is the Basis for Congressional Oversight? Congressional oversight is one of the most important responsibilities of the United States Congress. Congressional oversight refers to the review, monitoring, and supervision of federal agencies, programs and policy implementation, and it provides the legislative branch with an opportunity to inspect, examine, review and check the executive branch and its agencies. The authority of Congress to do oversight is derived from its implied powers in the U.S. Constitution, various laws, and House rules. In affirming Congress' oversight powers, the Supreme Court in McGrain v. Daugherty stated that "the power of inquiry – with process to enforce it – is an essential and appropriate auxiliary to the legislative function." In Watkins v. United States the Court described Congress' oversight power by stating that the "power of the Congress to conduct investigations is inherent in the legislative process. That power is broad." The Supreme Court also observed that "a legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change." The Legislative Reorganization Act of 1946 mandated that House and Senate committees exercise "continuous watchfulness" of the administration of laws and programs under their jurisdiction. The Legislative Reorganization Act of 1970 permitted House standing committees to "review and study, on a continuing basis, the application, administration and execution of laws" under its jurisdiction.
Health and Human Services Secretary Kathleen Sebelius as she was sworn in prior to the House Energy and Commerce Committee hearing Wednesday.
October 31 2011 Secretary of State Hillary Rodham Clinton spoke to the House Foreign Affairs Committee last week about her trip to Afghanistan and Pakistan. The United States is relying on Pakistan’s Inter-Services Intelligence to help broker a peace deal in Afghanistan with the same militants that the agency has been accused of supporting
Another Role for Committees (4) : “Investigations” committee investigations examine allegations of wrongdoing. Congressmen might not get the answers they wantBBC Feb 2002 Former Enron boss Kenneth Lay will refuse to answer questions when he appears before a Congressional hearing into the collapse of the US energy giant, his spokeswoman has said. "Under the instruction of counsel, Mr Lay will exercise his Fifth Amendment rights," Kelly Kimberly said. A court, Grand Jury, legislative body, or Administrative Agency uses a _______to compel an individual to appear before it at a specified time to give testimony. See this business: http://www.venable.com/congressional-investigations-practices/
Sept 2012: A congressional investigative committee on Wednesday grilled officials from two agencies that backed a $535-million loan package to failed Northern California solar panel manufacturer Solyndra. Republicans on the House Energy and Commerce Committee's Subcommittee on Oversight and Investigations said they want to know why the Energy Department approved the Solyndra loans in 2009 and then restructured the loan this February despite evidence that the company was struggling financially. Solyndra, which was hailed by President Obama in 2010 as an innovative company that would use stimulus money to create jobs and lead the economic recovery, laid off most of its 1,100 workers Aug. 31 and announced it would cease operations. The company filed for Chapter 11 bankruptcy Sept. 6. . . . . Rep. Cliff Stearns (R-Fla.), the subcommittee's chairman, pressed Energy Department loans director Jonathan Silver on Wednesday to explain how the agency could approve more than half a billion dollars in loans despite questions about the company's financial health. He also cited internal emails that he said show White House officials appeared to be pressuring Energy Department and the Office of Management and Budget to speed up approval of the Solyndra loans. "You should have protected the taxpayers and made some forceful actions here," Stearns said.
Meat Packer Admits Slaughter of Sick Cows Steve Mendell, president of the Westland/Hallmark Meat Company, testified before a House subcommittee Wednesday.
March 13, 2008 By MATTHEW L. WALD Meat Packer Admits Slaughter of Sick Cows WASHINGTON — The president of a slaughterhouse at the heart of the largest meat recall denied under oath on Wednesday, but then grudgingly admitted, that his company had apparently introduced sick cows into the hamburger supply. He then tried to minimize the significance. The executive, Steve Mendell of the Westland/Hallmark Meat Company of Chino, Calif., said, “I was shocked. I was horrified. I was sickened,” by video that showed employees kicking or using electric prods on “downer” cattle that were too sick to walk, jabbing one in the eye with a baton and using forklifts to push animals around. The video was taken by an undercover investigator from the Humane Society of the United States. One tape showed a worker using a garden hose to try to squirt water up the nose of a downed cow, a technique that Representative Bart Stupak, a Michigan Democrat who conducted the hearing where Mr. Mendell testified, referred to as waterboarding. Testifying before the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee, Mr. Mendell, who appeared only after being subpoenaed, assured lawmakers that despite his lack of knowledge about conditions at the plant, sick animals were not slaughtered for food, so no safety issue existed.
October 29, 2009 N.F.L. Scolded Over Injuries to Its Players N.F.L. Commissioner Roger Goodell testified before a Congressional committee that was investigating head injuries in football. By ALAN SCHWARZ WASHINGTON — The commissioner of the N.F.L. faced heated criticism Wednesday before the House Judiciary Committee, with lawmakers, former players and even a former team executive accusing the league of neglect in its handling of active and retired players with brain injuries. With evidence mounting of a link between playing professional football and cognitive impairment in later life, and news reports of poor medical treatment for some former players with dementia and other signs of mental decline, the committee repeatedly challenged the commissioner, Roger Goodell, to defend the league’s policies and research. “The N.F.L. sort of has this blanket denial or minimizing of the fact that there may be this link,” Representative Linda T. Sánchez, Democrat of California, said to Mr. Goodell during the daylong hearing. “And it sort of reminds me of the tobacco companies pre-’90s when they kept saying, ‘Oh, there’s no link between smoking and damage to your health.’ ”
Another important role for a committee in the House: the Traffic Cop __________ Committee (House only) which governs the procedures under which the bill will be considered on the floor
Other Important Committees to know: • The Appropriations Committee (House and Senate) • Ways and Means Committee (House only) • Judiciary (Senate) and Foreign Relations (Senate) • House and Senate Budget committee
Congressman Smith dipped into the pork barrel in this fiscal year's federal budget and pulled out $10 million for a river dredging project in his district. For her part, Sen. Jones ensured $3 million was earmarked so that the university in her state could research a blight affecting area trees. PORK PorkBarrel Spending : This is the nickname given to lawmakers' allocation of funds to pet projects and programs, usually without public hearings or the review typically given to pending legislation. Pork-barrel spending in its classic form directs government funds into projects that benefit a legislator’s state or district, thus increasing voter satisfaction and improving his or her chances of reelection The term began as a political reference in the post-Civil War era. It comes from the plantation practice of distributing rations of salt pork to slaves from wooden barrels. . . /
EarmarksThese are the allocations of revenue in a bill that are directed to a specific project or recipient typically in a legislator’s home state or district. (The process itself is known as “earmarking,” and earmarks could also be called “earmarked funds.”) They are often slipped into bills without the review typically given to pending legislation.
Parties and Congress: What’s it mean to Control Congress? Nancy Pelosi, the incoming House speaker, with Steny H. Hoyer at a news conference Thursday after Democrats chose him as their new majority leader. Ms. Pelosi had supported John P. Murtha, right. Also at the conference were Rahm Emanuel, left, and John B. Larson Nov 17 2006
Nancy Pelosi Ousted as House Speaker, John Boehner Waits in Wings Nov 3, 2010 Pelosi, Highest Ranking Woman in American Politics, to Step Down from Historic Role Republicans Capture House in Historic Wave, Claim 'Mandate' to Shrink Government Rep John Boehner
Boehner Becomes the Lead Character as Roles Are Reversed in the Capitol Representatives John A. Boehner, right, and Eric Cantor on Wednesday at the center of new media attention at the Capitol. WASHINGTON — The first sign of the new pecking order on Capitol Hill was the pack of cameramen jammed inside Representative John A. Boehner’s suite early Wednesday morning. As the Republican leader in a House run firmly by Democrats, Mr. Boehner had sometimes had trouble making his voice heard.
