Congress – The 1 st Branch - PowerPoint Presentation

Slide1

Congress

– The 1

st

Branch

The Will (voice) of the People – Center of PolicymakingSlide2

Congress - 535 Voices

2013 – federal government shut down for 16 days – legislators could not agree on a budget. Party polarization was at an all time high. While an extreme example – even under ordinary times – Congress was designed to move slowly to pass legislations.

Thanks Obama…

er…uhh…MadisonSlide3

Consequences of Party Polarization

GridlockPublic is NOT HAPPYWhat can the public do?Not re-elect their repsSooo did they do that in 2014 – nope – most incumbents wonGrrrrrrSlide4

Congress is the central policymaking branch – by design

Two big rolesRepresent constituents Make effective public policySlide5

Pay, Benefits, and Privileges

$174,000

Fully paid health care

Free exercise gym

Pension (after 5 years)

Travel allowance (weekends in their home district)

Suite of offices and staff budget

Congressional staffers on a trip to investigate health careSlide6

Are they all paid the same?

Well no…

Speaker of the House:

$223,500

President Pro Tempore, Minority and Majority Leaders in House and Senate:

$193,400

Congressional staffers on a trip to investigate health careSlide7

Congress

$4 billion budget30,000 employeesCongressional salaries account for only 3% of the congressional budgetSlide8

Some Special Perks and Privileges of Members of Congress

Franking PrivilegeSlide9

The Cloak of Legislative Immunity

Some Special Perks and Privileges of Members of Congress

Cannot be charged

with libel or slander while

conducting business

of CongressSlide10

Overpaid – Underworked – Corrupt??

Are these images accurate?Page 355 daily schedule12-14 hour daysServe on up to 6 committees

A Millionaires Club?

51% of Congress are millionaires

Decidedly upper middle classSlide11

Formal Qualifications

Senate

30 years old

9 yr citizen

State inhabitant

Senator Stabenow

Congressman

Dave

Trott

House

25 years old

7 year citizen

State inhabitant

Senator

PetersSlide12

The Informal Qualifications – Chart Pg 356

Actively religious

– 55% protestants, 29% Catholic, 8 % Jewish

White

- 83 %

Male

- 81 %

Lawyers

-

18 %

College educated

Upper middle class

(51% millionaires)

Stable family

, 2 kids and a dog

Native born to their state

Most were politicians – elected to other, local offices

Electability

8% black, 6% Hispanic, 2% Asian, 2 Native Americans

Only around 19% female

25% military service

7 openly gay members – 1 in Senate – first LGBT to marry a same sex partner while in office

Congressman Barney FrankSlide13

Why Aren’t More Women Elected to Office? Obstacles?

Women with children are significantly less ambitious about running for office than their male counterparts with children – why?Slide14

Perceptions matter…

Odds of winning – if not so good – women won’t run while men willOdds of winning – if good – women are more likely than men to runVoters are harder on female candidates. Women have to be more qualified on average than their male opponents because voters appraise women more harshly. Slide15

Can a mostly male, upper middle class Congress represent constituents?

Descriptive representation – representing the actual background and views of constituentsSubstantive representation – representing constituents needs and views despite obvious race, class, gender differences

FDR and Senator Kennedy fought for the poor and underprivilegedSlide16

Greater for House members than Senate – gerrymandered districts (safe)

Congressional Elections – Incumbent AdvantagesSlide17

Congressional Elections – Incumbent Advantages

$$ buys name recognition and a chance to be heard.Slide18

So incumbency helps but you have to have the money too.Slide19

House of Rep. Elections – incumbent advantages

90%+ re-elected – most with 60%+ voteFundraising – special interest groups 3/1 to 4/1 advantage for incumbentsName recognitionFranking privilegeBringing home the bacon – pork barrel spendingConstituent servicesSlide20

Senate elections – Less incumbent advantage

No gerrymandered districts – state-wide racesLess personal contact with constituentsRaces receive more media coverage – greater accountability

Higher profile challengers – name recogn

itionSlide21

Successful Incumbents – Constant/Effective Campaigners

Always raising $$Meeting with constituent – travel D.C. to Home district – staying visibleServing constituentsCredit claiming - earmarksHigh tech politics – databases

John Dingell of Michigan – retired at 90. Spent 59 years and 21 days in HOR

John Conyers @ 87 is the longest serving current member at almost 52 years of service. Slide22

Basic Advantages of Incumbency:

Advertising (includes franking, databases, visits home)Credit Claiming: (casework, pork barrel)Position Taking (voting record, public stances)Weak Opponents Campaign Spending (Interest groups/PAC’s support incumbents)Slide23

Soooo – why run?

Challengers don’t poll – (no $) rely on friends/supporters – not accurate – naïve about their chancesA scandal could weaken an incumbentPeople who are really mad – sometimes want to boot the incumbentRedistricting could give an opening – wait – what is redistricting?Slide24

Decision

prevents uneven population districtsGeographically not the same size

Proportionally – by population the same size.

Westbury v Sanders Decision 1964

One Man – One VoteSlide25

Gerrymandering

Manipulating

the

outcome

through

redistricting

Original version: Massachusetts, 1812

Governor Elbridge GerrySlide26

How does gerrymandering work?

http://ed.ted.com/lessons/gerrymandering-how-drawing-jagged-lines-can-impact-an-election-christina-greer

https://www.youtube.com/watch?v=Mky11UJb9AYSlide27

Gerrymandering works in

2 different ways

:

1. Concentrate the opposition

in a few districts

2. Make sure you create as many “safe” districts as possible by

spreading out oppositionSlide28

Restrictions are

weak

, but

some exist

.

Continuous

Compact

Approximately equal # of voters 700,000+ currently

Can’t be used to minimize the influence of racial minorities

North

Carolina district

lumps African Americans into one crazy

district

along the interstate

highwaySlide29

Southeast Michigan’s Gerrymandered Congressional DistrictSlide30

Best chance to win is…

An open seat…Slide31

American Bicameralism

2 chambers All states are also bicameral(all but Nebraska – unicameral)2 senators per stateAt least one rep – by populationNo bill can pass unless both chambers agreeEach chamber can veto the policies of the otherSlide32

The House

4 times as big as Senate

more likely to vote party

Initiate all revenue bills

impeachSlide33

The House Rules Committee

“granting a rule”. Placing a bill on the agenda to be debated and voted upon.Traffic cop roleSlide34

Speaker of the House

2nd only to the president in powerCreated by the constitutionPresides

Leader of the majority party

Interprets and applies the rules

Refers bills to standing committeesPuts questions to voteNames members of special committees – influences comm. assignments

Sign legislation if passed

Informal powers

http://www.c-span.org/video/?c4497981/role-history-speaker-house-representativesSlide35

Majority Leader in the House

Meet Kevin McCarthyStepping stone to Speaker of the HouseMeet Steve Scalise – Majority

WhipSlide36

Minority Leaders in the House

Meet Minority Leader: Nancy Pelosi

Meet

Steny

Hoyer – Minority WhipSlide37

Party WhipsSlide38

The Senate

Ratify all treaties

Confirm presidential appointments

Filibuster – actual and procedural (holds)

ClotureSlide39

President or rep negotiates

Senate 2/3rds confirmsThe Senate is more powerful in foreign relationsAll ambassadors must be confirmed by the Senate

Power Over TreatiesSlide40

Power Over Territories

Inherent powerProperties owned and controlled by the USA; Guam, Samoa Islands, Guantanamo Bay, Puerto Rico, Washington D.C., Virgin Islands

Eminent Domain powerSlide41

Power over the courts

Confirmation hearings – all federal judges must be confirmed by the Senate

All SCOTUS judges must be confirmed by the Senate.

It is a rigorous process

Elena

Kagan

confirmation hearingSlide42

V.P – President of the Senate

Much less power than the speakerPossibly from the minority partyMay have never served in CongressCannot debate

Votes only to break a tieSlide43

President Pro Tempore (of the Senate)

3 heartbeats away from the White houseSucceeds to presidency after the VP and Speaker of the HouseNewly appointed: Orrin Hatch from Utah – most senior

RepublicanSlide44

Senate Majority and Minority Leaders

Manage party interestsCommunicate with membersLine up votesStrategize and negotiate on

legislation

Liaison to specialty caucuses

Work with presiding officers to plan the agenda

Mitch McConnell above

Charles Schumer to the left

http://www.c-span.org/video/?c4521039/role-history-senate-majority-leadersSlide45

Why is the Senate different?Framers’ intent

Senate cools down the passionsHouse more like mercury – respond to the people every 2 yearsSenate protects the eliteSlows down decisions

The senate is the saucer – cools down the hot tea (passions)Slide46

House/Senate Differences

http://www.c-spanclassroom.org/Lesson/897/Bell+Ringer+Comparing+the+House+and+Senate.aspxSlide47

So…Important Differences

Filibuster and a vote of cloture (60) in the SenateHouse rules committee (granting a rule – traffic cop)The House initiates impeachment (simple majority)The Senate judges and removes (2/3rds vote)The Senate confirms all federal judges and other presidential appointments

BUT…they also have to work together…Slide48

Constitutional Amendments

Congress proposes by a 2/3rds vote of both House and SenateSlide49

ThePowers of Congress

The Scope of Congressional Powers

Expressed Powers

Implied Powers

– Based on the Necessary and Proper clause

Inherent powers

– Every nation has theseSlide50

Clause

Provision

Clause

Provision

1

To impose / collect taxes, duties, excises

11

To declare war; to make laws regarding captures on land and water

2

To borrow money

3

Regulate foreign and interstate commerce

12

To raise and support armies

4

To provide for naturalization; create bankruptcy laws

5

To coin money and regulate its value; to regulate weights and measures

13

To provide and maintain a navy

6

Punish counterfeiters or federal money and security

14

To make laws governing land and naval forces

7

To establish post offices and post roads

8

Grant patents and copyrights

15

To provide for summoning the militia to execute federal laws, suppress uprisings, and repel invasions

9

To create courts inferior to SCOTUS

10

To define and punish crimes at sea and violations of international law

16

To provide for organizing, arming, and disciplining the militia and governing it when in the service of the union

18

To make all laws necessary and proper to the execution of any of the other expressed powers

17

Jurisdiction over D.C / Territories

The Expressed Powers Of Congress

Article 1, Section 8 of U.S. Constitution

PEACTIME POWERS WAR POWERSSlide51

Implied PowersSlide52

Inherent Powers

Powers said to be inherent to the idea of government – inherent to the very idea of sovereignty – all nations These powers exist, in essence, simply because the United States exists.Include power to control national borders (build that wall Donald)

to give or refuse diplomatic recognition to other countries

to acquire new territories for national expansion (Reasoning for Manifest Destiny)

defend the government from revolutions (no Texas – you cannot cede from the nation)Slide53

The Committee System

Most real work done in committeeStanding committees – subject area (subcommittees)House 19 – Senate 16The House is more

specializedSlide54

Why is it so important to “win” the House/Senate (have a majority)

All the Chairs - Yours

Majority of your Peeps on EVERY committee

As Chair you get to

Schedule (or not) hearings

Hire staff

Appoint subcommittees

Manage bills before your chamberSlide55

I want to be a committee chair NOWWWWW

Probably going to have to wait – seniority still matters

It’s not the only thing though – members now get to vote on whether or not they want you

There are also term limits –

Three consecutive – 2 year terms max.

They used to be more powerful – but in the 1970’s the youngsters rebelled Slide56

Why the committee system matters?

The system is highly DECENTRALIZED. This means that you don’t have to be “approved of” by the leadership to be heard.Open to the influence of lobbyists (remember them)If the only interest groups that were allowed were ones that reflected the views of the leadership – many interests would never be heard

What would Madison think about that????Slide57

House Standing Committees

The chairman is always selected from the majority party and the ranking member is the most senior member of the minority party. The majority party ensures it has a majority on every committee.Agriculture (Ratio 26/19)

DEPARTMENT OPERATIONS, OVERSIGHT, AND NUTRITION

CONSERVATION, ENERGY, AND FORESTRY

GENERAL FARM COMMODITIES AND RISK MANAGEMENTLIVESTOCK, RURAL DEVELOPMENT, AND CREDITHORTICULTURE, RESEARCH, BIOTECHNOLOGY, AND FOREIGN AGRICULTURESlide58

APPROPRIATIONSARMED SERVICES

BUDGETEDUCATION AND THE WORKFORCEENERGY AND COMMERCEETHICSFINANCIAL SERVICESFOREIGN AFFAIRSHOMELAND SECURITYHOUSE ADMINISTRATION

JUDICIARY

NATURAL RESOURCES

OVERSIGHT AND GOVERNMENT REFORMRULESSCIENCE, SPACE, AND TECHNOLOGYSMALL BUSINESSTRANSPORTATION AND INFRASTRUCTURE

VETERANS' AFFAIRS

WAYS AND MEANSSlide59

Joint Committees

Joint committees are unique because they are made up of members of the House and Senate.Not too many of theseJoint Committee on the Library of CongressJoint Committee on PrintingJoint Committee on Taxation

Joint Economic CommitteeSlide60

Conference Committees

When House and Senate pass different versions of the same bill (most of the time)Selected by the Speaker and the floor leadersIron out differences in billsNot necessarily bi-partisanSlide61

Select Committees

The House and the Senate each have select and special committees, which can study issues, conduct oversight of programs, and investigate reports of fraud and waste. Special purpose/limited scopeInvestigatory role

Oversight function

Do not have the power of law

May be temporary or permanent Both chambers have permanent s

elect

committees on intelligenceSlide62

Senate

Select Committee On IntelligenceSelect Committee On EthicsSpecial Committee On AgingHousePermanent Select Committee on IntelligenceStandards of Official Conduct**

U.S. National Security and Military/Commercial Concerns with the People's Republic of China

Select CommitteesSlide63

Monitors the executive branches bureaucracy and is done mostly through committee hearings.

While very important – not really given the attention it deserves

If a constituent asks – what have you done for me – don’t want to say you “oversaw the handling of money for roads...” Slide64

4 Roles/Parts of the Job for Congress

Write laws

Committee work

Voting/debate

2. Serve the needs of their constituents

Casework

Pork

3. Oversee the implementation of laws

4. Represent their partiesSlide65

Before Every 2-year Term of Congress

Party Caucus meetings convene – wait – what? I thought a caucus was part of elections.It is – this is another type of caucus – a subgroup. There is a Democratic and a Republican caucus. The Bern meets with the

Dems

Majority party selects the Speaker of the HouseMajority party selects all of the committee chairsBoth parties decide who will serve on each committee

Broad policy and strategies are decided

Both party caucuses select floor leaders and whips

Example: 2008

Dems

had a 60/40 advantage in the Senate – the Dem caucus chose every Senate committee chair and the

Dems

had 60% of seats on every committee – Reverse was true at the start of this session of Congress.Slide66

Specialty Caucuses Also Meet

Women’s Policy Inc

Hispanic Caucus – Tea PartySlide67

Proliferation of Specialty Caucuses

Power decentralized – many are in multiple caucusesBlackFemaleRepublicanParty control weakenedWhich of the above will you vote with?Slide68

Beginning a new session of Congress

Clerk convenesSpeaker formally voted inNew members sworn inSenate is a “continuous body”

House Beginning

2/3rds of the Senate

are prior

membersSlide69

Who else makes up these 30,000 positions?

Personal staffAverage rep has 17 assistantsAverage senator has 40Congressional leaders have even moreIn summer – about 4000 Interns (free labor)Mostly rich kids…why?

What do they do

Remember all that constituent work? Cutting red tape, or all the research…yeah – that stuffSlide70

Committee Staff

Upper level staff – more likely to write legislationLobbyist’s hit them up for intel on what’s coming up in Congress – or to plant ideas…Staff is often “wooed” away from Congress to become a lobbyist. MORE Slide71

Staff Agencies – Aid in the work of Congress

CRS:

Congressional Research Service – researches for Congress, prepares nonpartisan studies, summarizes bills

GAO:

Government Accountability Office – checks up on executive branch/bureaucracy – are they implementing correctly?

Slide72

CBO:

Congressional Budget Office – Receives/analyzes the POTUS budget. Makes economic projections about the economy, or specific bills. Costs everything out.

All these groups: Committees, caucuses and the legislators themselves follow bills from start to finish and that process is quite the maze…Slide73

Slide74

Step 1 – Introduction of the bill

Hopper – anyone can write but only a member can introduceShort titleCongressional recordAssigned to a committeeSlide75

Step 2 – The Committee Process

Role of the chair (pre 1970’s seniority system) now seniority matters, but…Assigned to a subcommittee – manage the committee processHearings scheduled“Marked up” or replaced by a committee billReported out (favorable recommendation)Slide76

Step 3 On the floor

Scheduled for debate and consideration (House – Grant a rule)Filibuster in the Senate – vote of cloture 60Voice vote via electronic (record) voteSlide77

Step 4 – Conference Committee

Not an open processMajority party may shut out the minority partySlide78

Step 5 – The President’s Desk

SignVetoUnsigned – becomes lawPocket vetoG.W. Bush - Signing statements (will cover more in next unit – an attempt to get a “line item veto.”Slide79

Party Cohesion and Congress

Stick together to elect leadershipSome issues show deep divisions within the partiesEndangered species – blue dog Democrats – moderate RepublicansParties can’t remove a member from Congress

May strip a member of committee assignments

Party influence in campaign funding

2014 – Speaker Boehner removed Daniel Webster from the Rules Committee because he challenged Boehner’s appointment as SpeakerSlide80

Constituency v Ideology

Trustee Model – use your best judgment to make policies that will effect the people – you go with your gut.Delegate Model – (book calls it: instructed delegates) – reflect/represent the views of constituentsPoliticos – combine the trustee and instructed delegate roles – balancing act – most are probably this.

How far can members of congress vary from their constituents views? Safe (gerrymandered) districts.Slide81

Lobbyists and members of Congress

35,000 representing 12,000 interest groupsThey want access to decision makersThey are a source of knowledge – expertiseThey are a source of campaign fundingLobbyists aim is legislation – to pass or defeatSlide82

Lobbyist Rules – 1995

Register & report who they representReport spending and funding - disclosureStrict limit on gifts, and expensive mealsHonorarium limitsLimits on travel spendingSlide83

Hyperpluralism and Congress

Congressional reps want to please everyoneFragmented and decentralized – leadership weakened since 1970’sCongressional spending – expansion due to pleasing all interest groupsAvoids decisive action – hard choicesScope/Size of government goes