Congress (CH.12)

open, closed, and restricted rules

-closed= no amendments may be offered on a bill that goes to the House floor -open= allows for any number of amendments to be offered -restricted= allows for a few amendments to be offered (the most common)

Appropriations committee

In the House and the Senate, the Appropriations committee spends money out of the federal treasury

Ways and Means committee

In the House, the Ways and Means committee generates tax and revenue bills.

How does a bill become a law? (House and Senate)

-A member of Congress introduces a bill on the floor (can be written by other people, but must be introduced by a member of Congress) -Bill goes to the committee and committee chair (which committee depends on content of bill) -chair can choose yes or no - (House) if yes, they will send it to the subcommittee chair, who can also say yes or no -if yes, the subcommittee will hold a series of hearings; a public= organized by the majority party and the actual public can attend and speak to Congress, and a markup hearing= where the members of the committee edit the bill, collectively, by voting on amendments -then, subcommittee votes yes or no on whole bill; if yes, bill goes back to committee chair for consideration and vote yes or no -if yes, the entire subcommittee process occurs again, but this time, with the whole committee; if the whole committee votes yes, it moves to House floor and is sent to House Rules Committee -Rules committee writes the rule on the bill, determining which amendments, if any, can be offered -members of the House vote to adopt or reject the rule; if accepts, bill is debated and amendments may be offered -House votes yes or no - (Senate) committee may refer the bill to the subcommittee, who may or may not mark up the bill or hold hearings -full committee may hold hearings on the bill -full committee holds a markup session and recommends the bill to the Senate -Majority leader brings up the bill on Senate floor and crafts a unanimous consent agreement outlining which amendments will be offered and how long debate will continue (if not unanimous, unlimited debate unless cloture is invoked) -Senators may offer amendments and debate the bill -Senate votes to pass or defeat the bill -The House and Senate Bills are reconciled to produce one bill during a conference committee, which is sent to the president, who can either sign the bill into law, let it become law by not providing his signature, or veto it. (If veto, Congress can override with a 2/3 vote in both houses to make it law)

How is the HOR organized differently than the Senate?

-Political Parties= HOR; majority party holds all the power (became so important bc they were important back in home districts--house members are increasingly judged on the performance of their party in office, and anyone who wanted to run on a party ticket had to pledge support for the party's policies) -Minority party in Senate has far more power than their counterparts in the HOR (each senator exerts individual influence) -Leader of the majority party in the HOR is the Speaker of the House--written in the Constitution (power to appoint all committee chairmen, approve committee assignments, refer bills to committees, bring bills to the floor, and refuse to allow the minority party to delay legislation--set the policy agenda for the House; Speaker's most important responsibility is to maintain power in the House for the majority party) -HOR has a rank-and-file membership (also have whips= help whip up support for the party's preferred policies and keep lines of communication open between the party leadership and rank-and-file membership) -minority party has institutional disadvantages that prevent it from having power to stop majority party proposals from passing -House has many subcommittees; Senate does not need them bc each senator has individual power -Senate is a smaller chamber than the house (based on number of states, not population) -Majority party in Senate elects the Senate majority leader, but this position is not written into the constitution (job is to make sure the Senate functions well enough to pass legislation; also speaks first on the floor and schedules Senate business--ability to control the floor and prevent other senators from speaking) -Senate majority leader has fewer formal powers to advance the party's agenda to advance the party's agenda compared to the Speaker of the House -Minority party members exert individual influence on policy and legislation (have more of a say than their counterparts in the House) -Floor procedure= House; all bills must pass through House Rules committee to proceed to the floor, which issues a rule dictating how many amendments can be considered and structures floor debate to limit the minority party's opportunity to amend or change a bill; Senate= does not have a gatekeeper committee like the Rules committee; relies on unanimous consent agreements to establish the guidelines for debating a bill (instead of Rules committee like in the House); all senators have the power to amend legislation on the floor, but senators can filibuster (an extended debate that members start with the purpose of delaying or preventing the passage of a bill) which can only be ended by invoking cloture (requires a supermajority of 51 for the bill to pass) -Staff= House; all representatives receive the same amount of money for office operations; Senate= office budget is determined by population of senator's state

Describe the impact on lawmaking of each of these groups: the majority party in the HOR, the minority party in the HOR, the majority party in the Senate, and the minority party in the Senate.

-The majority party in HOR= The Speaker of the House and the House majority leader; House runs on majority rule; majority party uses its numerical advantage to control committee and floor actions -The minority party in HOR= The minority leader; very little institutional power; rarely has the power to stop majority party proposals from passings; their real power lies in making speeches, issuing press releases, and stirring up grassroots opposition to majority party proposals -The majority party in Senate= Senate majority leader, president pro tempore (oldest serving member of majority party); Senate majority leader crafts legislation close to preferred policies of their party, schedules Senate business, and is the first to speak on the floor -The minority party in Senate= Senate minority leader; represents minority-party senators in negotiations with the majority leader on what bills are brought to the floor and under what circumstances, organizes minority-party senators into a coherent group that can present viable alternatives to the majority party's proposals

Rules committee

-all bills must pass through the House Rules Committee. The Rules committee decides which bills go to the floor and maintains control before the bill goes to the floor by issuing a rule dictating how many amendments can be offered. The majority party also uses its numerical advantage on the committee to structure floor debate in order to limit the minority party's opportunity to amend or change a bill.

What effect would adopting each of those priorities have on the ways in which the winner of the district election would represent his or her constituents?

1. The winner may not represent all of their constituents accurately with partisan gerrymandering, and the district boundaries make no sense; keeps majority party in power and ignores the minority 2. The winner will likely represent the majority of constituents, no matter their political affiliation or the affiliation of the majority party 3. The winner would represent their minority group, which makes it easier for representatives to represent their constituents, but it is also unethical, and the geographic lines can make no sense.

How is the House of Representatives organized in the same way as the Senate?

Both houses of Congress use the same four institutions to help it do its job: the committee system, party organizations, floor procedures, and staff. However, they organize these institutions differently. -House and Senate both have party majority and minority leaders. -Senate and House minority leaders organize minority party senators into a coherent group that can present viable alternatives to the majority party's proposals -Extended leadership of Senate and House look similar (assistant majority leader, majority and minority whips, and conference chairs) -All legislation that passes the House or Senate goes through a committee (different committees deal with different issues; party with the majority has the majority of seats on each committee) -Staff= both have a chief of staff who oversees the entire office, a scheduler, a press secretary, and a legislative director who supervises their legislative work

Why are committees important to Congress' organization?

Committees are important to Congress' organization because they deal with different policy issues. Additionally, the party with the majority in the entire House or Senate also has the majority of seats on each committee, giving the majority party greater say over policy. Committee chairpeople are always part of the majority party and chosen by the majority party leader, which allows them to set the agenda and decide what laws are talked about, as well as who speaks at committee hearings. Committees are the first step in how a bill becomes a law as well. A bill proposed by a member of Congress first goes to the committees and committee chairs for approval.

What do congressional committees do?

Congressional committees are the central hub of activity in Congress. They hold hearings to consider members' bills, to conduct oversight of the executive branch, or to draw attention to a pressing issue. Committees also write the legislation that is eventually considered on the House and Senate floors. Congressional committees are also broken into subcommittees, which are a smaller groups of committee members who focus on a specific subject of the committee's issues.

What are the basic rules about floor procedure in the HOR? The Senate?

HOR= Bill goes to Rules committee before it goes to the floor. The Rules committee regulates debate (determines when and how long debate can be, and how many amendments can be proposed). The bill will either get an open, closed, or restricted rules. The whole house then votes on the rule and any amendments that are allowed, and then they vote on the bill (51% majority for all 3 to pass) -Senate= Bill goes to the majority leader, who can throw the bill away or can negotiate with every individual senator to get a unanimous consent agreement and decide when the bill will come to the floor. Then, they have to negotiate a deal to get 60 votes (cloture) in order to end filibustering and close debate, because debate is unlimited in the Senate unless cloture is invoked. If they cannot get 60 votes, can either bring the bill to the floor and face filibustering or not bring the bill to the floor at all (can also make amendments/changes to the bill to get more votes). If they do get 60 votes, it goes to the floor of the Senate and vote for cloture to close debate, vote on amendments (51%), and then vote on bill (51%).

Why do House incumbents win re-election more often than their senate counterparts?

House incumbents win reelection more often than their Senate counterparts because a seat in the Senate is a more coveted position than the House, which attracts higher-quality challengers and more media attention than House races. Better challengers yield more competitive elections and more defeats for incumbents. The ability of challengers to do better in Senate races than in House races is related to the additional media attention these races receive (voters learn more about the challengers). The difference in terms also indicates that House members stay in closer touch with constituents than senators do, and their constituents reelect them.

How do House members get assigned to committees?

House members give the party leadership a list of desired committee assignments, and the leadership assigns committee seats according to seniority and the availability of seats on specific committees. The majority party also chooses the committee chairperson too, who is always part of the majority party.

Why do incumbents win re-election so often?

Incumbents win reelection so often because their constituents know them. Constituent loyalty and an increased willingness to support the incumbents' reelection also rises with the complex issues that arise in government. A more negative view of this increasing complexity is that Congress members deliberately design bureaucracy to fail so that their constituents need their help. Another reason is that candidates who win once have the skills to be elected, and these serve them well in reelection campaigns. Finally, incumbents are winning more because of the increasing partisanship of congressional districts (some areas are deep red, others are deep blue--less competition)

How are political parties important to the organization of Congress?

Members of Congress align more closely with their political parties now than in the past 100 years. They are embodied in floor procedures and committees, as the majority party has the say. Parties elect organizational leadership that hands out committee assignments and chairmanships, controls the Rules committee in the House (the Speaker), influences the distribution of "pork" (brokers political deals), and can help with reelection campaigns.

incumbent

Members of Congress who have already held office at least once and/or are currently in office. They almost always win in races for reelection, and fewer and fewer congressional elections are competitive. Incumbents have advantages because they have name recognition, the privilege of office (given a staff and a budget when running for reelection), an easier time raising money (a safe bet), and have consistent success of running for offices.

Why are they organized differently?

The House and Senate are organized differently because the Constitution establishes few guidelines for how they should operate. It was left to the members to determine how to choose their leaders and how much power to give them. Because of the differences in size, the two institutions have evolved very differently.

Who has more effect on bill passage, the Speaker of the House or the Majority leader in the Senate?

The Speaker of the House, because the Speaker can decide if the House will even hear the bill on the floor, or if it will even be assigned to a committee. The Majority Leader in the Senate does schedule Senate business and speak first on the floor, but unlike the House, every senator can speak on the floor and propose a bill. While the majority leader could prevent any other senator from speaking, the majority leader relies on the senators' voluntary cooperation to conduct business of the Senate, so there are limits on how tough they can be.

Speaker of the House

The constitutional and political leader of the House. It is the only formal leadership position written into the Constitution. The Speaker is elected by a majority of House members every two years, and can appoint all committee chairmen, approve all committee assignments, refer bills to committees, bring bills to the House floor, and refuse to allow the minority party to delay legislation. The main job of the Speaker is to maintain power in the House for the majority party, which means getting the members of the majority party reelected.

redistricting

The redrawing of boundaries of congressional districts in a state to make them approximately equal in population size. State legislatures are responsible for this redrawing of state lines, and the House is the only part of Congress subject to it. The only limitation on redistricting is that the boundaries of the districts must be contiguous (uninterrupted).

cloture rule

a motion to end debate (filibuster) that requires a supermajority of 60 to pass (changed to 51 in 2013).

earmarks

federal dollars devoted specifically to a local project in a congressional district or state.

entitlements

mandatory federal programs that pay out benefits to individuals based on a specified set of eligibility criteria; federal programs, such as Social Security, Medicare, and Medicaid, that pay out benefits to individuals based on a specified set of eligibility criteria.

unanimous consent agreements

-way the Senate establishes guidelines for debating a bill; an agreement among all 100 senators on how a bill or presidential nomination will be debated, changed, and voted on in the Senate.

What are the three priorities a state could choose to guide its redistricting process?

1. Partisan gerrymandering, where the majority party will construct each district in such a way that the majority of voters favors its party (partisan) 2. Bipartisan redistricting commissions, which seek to draw district lines in a nonpartisan way (nonpartisan) 3. Majority-minority districts, where certain minority groups constitute a majority of the voters and have enough votes to elect a member of their minority group (a tool to achieve greater minority representation)

How do the political parties organize themselves in the HOR and the Senate?

After the Civil War= the House change its rules to give the majority party the ability to get its preferred policies passed over objections of minority party. Parties became so powerful inside the House chamber because they were important back home in local districts. Political parties controlled the nomination process for Congress, and anyone who wanted to run on the party's ticket had to pledge support for the party's policies. House members are also judged on the performance of their party in office, and elections are centered on gaining control of the majority to pass policies it favored and claim credit for being effective legislators. -Senate= never changed the rules of the chamber to give the majority party complete dominance. Each senator exerts individual influence over policy outcomes because the number of senators has remained small. Senators' party affiliation and ideology are important, but not as important as they are in House elections. Members of the minority party in the Senate have far more power in the policy-making process than their counterparts in the House. Getting legislation passed in the Senate requires compromise and cooperation between both parties in one way or another.

necessary and proper clause

Allows Congress a great deal of leeway to carry out its responsibilities under the assumption that additional powers are implied in this clauses, although not explicitly stated in the Constitution. Allows Congress to make any laws they deem "necessary and proper".

conference committee

Bills produced from the Senate and the House go to a conference committee made up of members from both the House and Senate. Conference committees combine both bills, revise them by issuing a conference report, and sends the new bill back to the House and Senate for a vote. Members of the House and Senate cannot propose amendments on this bill though.

hearings

During committee hearings, committee members hear testimony on the content and impact of a bill from other members of Congress, executive branch officials, interest groups, the public, etc. They serve five basic functions: they draw attention to a certain problem or issue, inform committee members about the consequences of passing a specific bill, convey constituents' questions and concerns about an issue, exert oversight of the executive branch, and provide an arena in which individual members make speeches to attract media attention.

What is redistricting, who does it, and why?

Redistricting is the redrawing of the boundaries of congressional districts in a state by the state legislature to make them approximately equal in population size. The only constraint is that the lines must be contiguous. Since the size of the HOR (the only body of Congress subject to redistricting) is limited to 435, the overall number of congressional seats per state must be adjusted following a census if there have been population changes. The majority party in the state legislatures usually redraws the lines to try to influence the process to construct each district in such a way that a majority of voters favor its party. This makes it easier for the majority party's candidates to win (gerrymandering). In a limited number of states, there are bipartisan redistricting commissions that try to draw the lines in a nonpartisan way, but the vast majority of redistricting is done by state legislatures.

Why do the rules about floor procedure matter?

Rules about floor procedure matter to ensure that laws are reasonable and well-thought out. Rules also prevent the House and Senate from becoming overrun with bills and proposed amendments.

Why has the Speaker's power varied over time?

The Speaker's power has varied over time because even though the position is written in the Constitution, it gives no other guidelines. Because of this, the leadership styles of Speakers varied according to how much power the rank-and-file party members wanted to give their leaders. It can be explained by the underlying coherence of the majority party during a Speakers' time (when the rank-and-file membership of the majority party is unified in its policy goals, it hands power to party leaders).

How do voters decide who to vote for in a congressional election?

Voting rates in congressional elections are always lower than presidential elections. Voting is largely driven by partisanship and incumbency. Voters follow party identification and vote for their party's candidates, and they also tend to vote for incumbents. The partisan makeup of Congress reflects the popularity of the president or presidential candidate too. Economic conditions also changes the composition of Congress: when conditions are good, the president's party benefits; when they aren't, the president's party suffers. Big issues in the US also shape congressional campaigns and outcomes as well (controversy over Affordable Care Act)

reapportionment

When the federal government reallocates seats in Congress among the states after the decennial census

Conditional party government

When the rank-and-file membership of the majority party is unified in its policy goals, it hands power to the party leaders, especially the Speaker, to accomplish the goals under this conditional party government.