Chapter 11: Congress

The Constitution specifies only that members of the House must be at least (1.)___ years old and American citizens for (2.)___ years, that senators must be at least (3.)___ and American citizens for (4.)___ years, and that all members of Congress must reside in the state from which they are elected.

(1.) 25 years old (2.) 7 years (3.) 30 (4.) 9

Article I - The Legislative Branch Terms -The House of Representatives

- 2 year terms (All up at the same time) - 435 total members (this # is set by law) - Direct elected - Representation proportioned by population

Article I - The Legislative Branch Terms -The Senate

- 6 year terms (staggered-1/3 of Senate is up for reelection every 2 years) - 100 total members (this # is set by the Constitution) - Equally represented (2 per state) - State Leg. elected originally 17th Amendment - Direct elections

Incumbency is more powerful in the House than Senate—why?

-Senate serves a larger, more diverse population -Senators tend to have less contact with constituents -Senate seat is more prestigious, tend to get more competition

Congressional Leader -The Senate:

-Vice President is the president of the Senate - Majority leader provides a key role in committee assignments, scheduling, etc.

There are ___ members of Congress. An even 100—2 from each state—are members of the Senate. The other 435 are members of the House of Representatives.

535

Bill

A proposed law, drafted in legal language.Anyone can draft a bill, but only a member of the House of Representatives or the Senate can formally submit a bill for consideration.

Seniority system

A simple rule for picking committee chairs, in effect until the 1970s. The member who had served on the committee the longest and whose party controlled the chamber became chair, regardless of party loyalty, mental state, or competence.

The Advantages of Incumbency Name recognition—sort of —in one poll only 28% of the public could name their representatives in the House. Members focus on advertising, credit claiming, and position taking.

Advertising -Frequent contact with constituents -"Franking privilege" - sending mail without having to pay for postage -Recorded messages, emails, and other technology are often used Credit Claiming —Casework - helping individuals or groups achieve a goal. For example, do you have trouble getting your check from the Social Security Administration on time? Call your congressperson; he or she can cut red tape. —Representatives and senators can single-handedly take credit for each of these favors. —Pork barrel - Federal $ for local projects (bridges, roads, infrastructure) Position Taking —State where they stand on certain issues and topics Weak Opponents —House members especially are likely to face weak opponents that have little money Campaign Spending —The average winner in the House spent about $1.4 million while the average Senate winner spent $9.8 million. —Open seat (no incumbent) The one who spends the most usually wins.

The Legislative power comes from ___ of the Constitution.

Article I

Stability and Change

Because incumbents usually win reelection, there is some stability in the membership of Congress. This stability allows representatives and senators to gain some expertise in dealing with complex questions of public policy. At the same time, it also may insulate them from the winds of political change. Safe seats make it more difficult for citizens to "send a message to Washington" with their votes.

___ is helping constituents as individuals—cutting through some bureaucratic red tape to give people what they think they have a right to get.

Casework

Caucuses: The Informal Organization of Congress

Caucus -A group of members of Congress sharing some interest or characteristic. Many are composed of members from both parties and from both houses. -There are nearly 500 caucuses. The goal of all caucuses is to promote the interests around which they are formed. Caucuses press for committees to hold hearings, push particular legislation, and pull together votes on bills they favor. They are somewhat like interest groups but with a difference: their members are members of Congress, not petitioners to Congress on the outside looking in. Thus caucuses—interest groups within Congress—are nicely situated to pack more punch. Examples: Black Caucus, Hispanic Caucus, Sunbelt Caucus, etc.

Legislative oversight

Congress's monitoring of the bureaucracy and its administration of policy, performed mainly through hearings.

Our bicameral Congress is the result of the ___ at the Constitutional Convention. Each state is guaranteed 2 senators, and the number of representatives a state has is determined by its population.

Connecticut Compromise

Joint committees

Exist in a few policy areas, such as the economy and taxation, and draw their membership from both the Senate and the House.

Conference committees

Formed when the Senate and the House pass different versions of the same bill (which they typically do). Appointed by the party leadership, a conference committee consists of members of each house chosen to iron out Senate and House differences and to report back a compromise bill.

Standing committees

Handle bills in different policy areas. Each house of Congress has its own standing committees. In Congress today, the typical representative serves on two committees and four subcommittees on those committees (subcommittees are smaller units of a committee created out of the committee membership); senators average three committees and seven subcommittees.

___ are individuals who already hold office.

Incumbents

Who wins congressional elections?

Incumbents (current office holders) usually win. Incumbents are those who already hold office and are running for reelection.

Open Seats

Largest cause of turnover for Congress is when there is no incumbent

Select committees

May be temporary or permanent and usually have a focused responsibility. The House and Senate each have a permanent Select Committee on Intelligence, for example. In 2011, a Joint Select Committee on Deficit Revolution was given responsibility for developing a plan to cut the deficit.

Congressional Leadership in Perspective

Members of Congress still have autonomy in light of the influence of parties in Congress

The Role of Party Identification

Most people identify with a party, and most party identifiers reliably vote for their party's candidates. Indeed, about 90 percent of voters who identify with a party vote for the House candidates of their party.

Congressional Staff Personal Staff

Most staff members work in the personal offices of individual members of Congress. The average representatives has 17 assistants and the average senator has 40. In total, more than 11,000 individuals serve on the personal staffs of members of Congress. In the summer, about 4,000 interns also work in members' offices on Capitol Hill. Most of these staffers spend their time on casework, providing services to constituents. They answer mail, communicate the member's views to voters, and help constituents solve problems. Other personal staff help members of Congress with legislative functions, including drafting legislation, meeting with lobbyists and administrators, negotiating agreements on behalf of their bosses, writing questions to ask witnesses at committee hearings, summarizing bills, and briefing legislators. Senators, who must cover a wide range of committee assignments than members of the House, are especially dependent on staff.

Whips

Party leaders who work with the majority leader or minority leader to count votes beforehand and lean on waverers whose votes are crucial to a bill favored by the party.

Enumerated powers

Powers of the federal government that are specifically addressed in the Constitution; for Congress, including the powers listed in Article I, Section 8, for example, to coin money and regulate its value and impose taxes.

Implied powers

Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the statement in the Constitution that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I.

The ___ is the most important leader in the House of Representatives.

Speaker of the House

Congressional Leadership —Party leadership plays a significant role The House:

Speaker of the House -chosen by the majority party -Often, the speaker of the house is the senior member -2nd in succession to the presidency -chooses committee assignments Majority Leader -schedules bills -gains supports for votes Whips -carry messages to party members -count votes prior to being cast Minority Leader -similar role to the Majority leader to the party not in power

Describe the power of the Necessary and Proper Clause.

The Necessary and Proper Clause enables Congress to use implied powers or those not specifically enumerated under the Constitution to create laws deemed necessary for the governance of the United States. It allows Congress to expand its power and authority as needed.

If the minority is blocking the majority, why does the majority not change the rules to prevent filibuster?

The answer is twofold. First, changing the rules requires 67 votes. It is always difficult to obtain agreement of two-thirds of the Senate on a controversial matter. Second, every senator knowns that he or she might be in the minority on an issue at some time. A filibuster gives senators who are in the minority a powerful weapon for defending their (or their constituents') interests.

Elastic clause (also known as Necessary and Proper Clause)

The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated powers.

Committee chairs

The most important influencers of the congressional agenda. They play dominant roles in scheduling hearings, hiring staff, appointing subcommittees, and managing committee bills when they are brought before the full house.

Minority leader

The principal leader of the minority party in the House of Representatives or in the Senate.

Majority leader

The principal partisan ally of the Speaker of the House, or the party's manager in the Senate. The majority leader is elected by his or her party and is responsible for scheduling bills, influencing committee assignments, and rounding up votes on behalf of the party's position on legislation.

Franking privilege

The privilege of sending mail without payment of postage.

Congress possesses powers (enumerated powers) specifically delegated under Article I, Section 8 of the Constitution. In addition, there are implied powers as set forth in what is known as the Necessary and Proper Clause (or elastic clause). Under Article I, Section 8, Clause 3, the framers gave Congress the power:

To make all Laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Article I - The Legislative Branch Enumerated Powers—Article I, Section 8

War Powers -Declare War -To raise and support armies -To provide and maintain a navy -To provide for organizing the militia Financial Powers -To lay and collect taxes, duties to pay debt -To borrow $ -To regulate interstate and foreign commerce -To coin $ -Punish counterfeiting Governmental Powers -To establish rules of naturalization -To establish post offices -To establish and enforce patents -To define and punish piracy and other crimes against the nation (treason) -Establish courts The Elastic Clause -To make all laws which shall be "necessary and proper"

What accounts for the success of congressional incumbents? Members of Congress engage in three primary activities that increase the probability of their reelection: ___, ___, and ___. The lack of strong opponents and the high costs of campaigning further ensure their success.

advertising, credit claiming, and position taking

A ___ is a legislature divided into two houses.

bicameral legislature

Morris Fiorina argues that members of Congress can go to the voters and stress their policymaking record and their stands on new policy issues on the agenda but that the problem with this is that policy positions make enemies as well as friends. One thing, however, always win friends and almost never makes enemies: servicing the constituency. Members of Congress can do this in two ways: through ___ and through the ___.

casework; pork barrel

The power of the filibuster is not absolute, however. Sixty members present and voting can halt a filibuster by voting for ___ on debate. However, many senators are reluctant to vote for cloture for fear of setting a precedent to be used against them when they want to filibuster.

cloture

Both the House and the Senate use ___ to winnow down the thousands of bills introduced.

committees

-Advertising For members of Congress, advertising means much more than placing ads in the newspapers and on television. Most congressional advertising takes place between elections in the form of contact with ___.

constituents

Congresspersons also engage in ___, which involves enhancing their standing with constituents through service to individuals and the district.

credit claiming

Power in both houses of Congress, but especially the Senate, is ___. Leaders are elected by their party members and must remain responsive to them.

decentralized

Members of Congress cannot claim ___ representation—that is, representing constituents by mirroring their personal, politically relevant characteristics. They may, however, engage in ___ representation—representing the interests of groups of which they themselves are not members.

descriptive; substantive

One activity unique to the Senate is the ___. This is a tactic by which opponents of a bill use their right to unlimited debate as a way to prevent the Senate from ever voting on a bill. Unlike their fellow legislators in the House, once senators have the floor in a debate, tradition holds that they can talk as long as they wish. Strom Thurmond of South Carolina once held forth for 24 hours and 18 minutes opposing a civil rights bill in 1957. Working together, then, like-minded senators can practically debate forever, tying up the legislative agenda until the proponents of a bill finally give up their battle. In essence, they literally talk the bill to death.

filibuster

The filibuster raises profound questions about American democracy because it is used by a (1.)___, sometimes a (1.)___ of one, to defeat a majority.

minority

The second way of servicing the constituency involves winning federal funds for states and districts. The ___ is composed of federal projects, grants, and contracts available to state and local governments, businesses, colleges, and other institutions. Members of Congress love to take credit for a new highway, sewage treatment plant, or research institute. Often, they announce the awards through their offices.

pork barrel

The vice president's only constitutionally defined job is to serve as ___. Modern vice presidents are active in representing the president's views to senators, however.

president of the Senate

Each senator has at least ___ opportunities to filibuster a single bill, and these opportunities can be used one after another.

six

Position taking

state where they stand on certain issues and topics

Defeating Incumbents

—Negative publicity about incumbents helps challengers —States that lost population may see incumbents challenge each other for a seat —Political shifts - 1994 and 2006 midterm elections

The House

—Parties play an important role - often voting occurs along lines —The Constitution's framers gave the House power to initiate all revenue bills and to impeach officials —House Rules Committee: Determines when bills will be voted on and how much debate time Also, members are appointed by the Speaker of the House.

The Senate

—The Constitution's framers gave the Senate the power to ratify all treaties, to confirm important presidential nominations (including nominations to the Supreme Court), and to try impeached officials. —Filibuster: provides unlimited debate on bills —Cloture: 60 members can vote to end a filibuster, which is rarely used