The Legislative Branch
Majority Floor Leader (Senate)
The majority floor leader is the most influential member of the Senate and often the majority party spokesperson; schedules business (legislation on Senate floor), sends bills to committees
Legislative Tactics: legislative veto
The rejection of a presidential or executive branch action by a vote of one or both houses of Congress, used mostly between 1932 and 1980 but declared unconstitutional by the Supreme Court in 1983 (Immigration and Naturalization Service v. Chadha) stating that Congress cannot take any actions having the force of law unless the president agrees.
Legislative Tactics: Amendments
Additions or changes to legislation that deal specifically with the legislation.
Legislative Tactic: Riders
Additions to legislation which generally have no connection to the legislation; generally legislation that would not pass on its own merit; when a bill has lots of riders it becomes a "Christmas tree bill."
Legislative Tactic: logrolling
An attempt by members to gain the support of other members in return for their support on the member's legislation; "I'll support your bill, if you will support mine."
Legislative Tactic: pork barrel legislation
An attempt to provide funds and projects for a member's home district or state. When the funds are directed to a specific purpose or project, they are known as earmarks.
How a Bill becomes a law
Bill (unless appropriations bill - only in HOR) is introduced, dropped into the hopper (in HOR) and assigned to a committee. In the committees, the bill is marked up and they hold hearings and then mark them up some more. Bills are then voted on to be sent up to floor or not (sometimes they send them to floor, but recommend to reject it, they may want full floor's thoughts). In the HOR, the rules committee decides on the rules of debate (open or closed rule, time for debates). The bill is then debated (in Senate they can filibuster and then cloture) and if it is an open rule, pork and riders as well as amendments can be added. If a majority is reached on the floor, the bill is sent to the other house or if already passed by the other house, it goes to a conference committee which resolves the differences between the HOR and Senate versions of a bill. Compromise versions can't contain any new material. The bill is then returned to the both houses to be voted on and no changes can be made to it. It is then sent to POTUS for signature if it passes.
Non-legislative Powers of Congress: amendment powers
Congress may propose amendments by a two-thirds vote of each house or by calling a national convention to propose amendments if requested by two-thirds of the state legislatures.
Influences on Congress: party influences
Each party's platform takes a stand on major issues, and loyal members often adhere to the "party line." Members in the House are more likely to support the party position than are Senators.
Caucus
Informal groups formed by members of Congress who share a common purpose or set of goals (intra party/share ideological slant, personal interest, constituency concerns)
Non-legislative Powers of Congress: investigative/oversight powers
Investigate matters falling within the range of its legislative authority; often involves the review of policies and programs of the executive branch.
Legislative Tactics: Conference Committees
May affect the wording and therefore the final intent of the legislation.
Legislative Tactics: Caucuses
May form voting blocs.
Influences on Congress: constituents
Members, especially those who hope to win reelection, often take into consideration the opinions of their __________________ and voters back home in their district or state.
Influences on Congress: other lawmakers and staff
More senior members often influence newer members; committee members who worked on legislation often influence other members; and staff often research issues and advise members.
Influences on Congress: lobbyists and interest groups
Often provide members with information on topics relating to their group's interest or possible financial support in future campaigns.
Legislative Tactics: the committee system
Plays a major role in the passage of legislation; bills may die if committees fail to act upon them or reject them.
Influences on Congress: president
Presidents often lobby members to support legislation through phone calls, invitations to the White House, or even appeals to the public to gain support from voters to bring pressure on members.
Speaker of the House
Presiding officer and most powerful member of the House. Major duties include assigning bills to committee, controlling floor debate, and appointing party members to committees. The Speaker is elected by members of his or her political party within the House.
Congressional Staff and Support: Support Agencies
Provide services to members of Congress (ex: Library of Congress)
Malapportionment
Ruled down in Baker v Carr; Each district must have an equal population; no ______________________ (within state DISTRICTS)
Non-legislative Powers of Congress: electoral power
Selection of the president by the House of Representatives and/or vice president by the Senate upon the failure of the electoral college to achieve a majority vote.
Non-legislative Powers of Congress: impeachment
The House may bring charges, or impeach, the president, vice president, or any civil officer; case is tried in the Senate with the Senate acting as the jury (Andrew Johnson and Bill Clinton were both impeached by the House but not convicted by the Senate).
Non-legislative Powers of Congress: executive powers of the Senate
The Senate shares the appointment and treaty-making powers with the executive branch; the Senate must approve appointments by majority vote and treaties by two-thirds vote.
Wesberry v Sanders (1963)
The Supreme Court ruled that districts must be drawn to approximately the same population size as other districts. This opened the door to challenges to redistricting and the development of the "one-man, one-vote principle."
Shaw v Reno (1993)
The Supreme Court ruled that legislative redistricting must be mindful of race and compliance with the Voting Rights Act of 1965 and its amendments; They ruled this way since they view racial gerrymandering as a form of racial segregation; to promote equality and thus the 14th Amendment equality clause, districts that advance one racial group are not allowed. It takes away the ability of the states to draw plans that would help provide a voice for minority voters since they can no longer create a district with certain populations of minorities that would allow for them to get a candidate they want as they are put as the minority in a district even if they could form a majority (just how it is districted deflates their voice)
Baker v Carr (1962)
The Supreme Court ruled that reapportionment challenges are not political questions if brought under the Equal Protection Clause of the Fourteenth Amendment.
Legislative Tactics: lobbying
Trying to influence members of Congress to support or reject legislation.
Incumbency Effect
Usually only true in HOR, not Senate. Factors include: - name recognition - credit claiming - casework for constituents - more visible to constituents (franking etc) - media exposure - fundraising abilities - experience campaigning - voting record
Party Whips
Whips help floor leaders by directing party members in voting, informing members of impending voting, keeping track of vote counts, and pressuring members to vote with the party.
Congressional Staff and Support: Committee Staff
Work for committees and research issues and analyze information
Legislative Tactics: filibuster and cloture
____________________ is unlimited debate in an attempt to stall action on a bill. It occurs in the Senate only, and is possible because the Senate's rules for debate are almost unrestricted. _________________ is the method by which the Senate limits a filibuster. It involves a petition to end debate and requires the vote of at least 60 senators.
HOR Committee: Committee of the Whole
a committee on which all Representatives serve, and which meets in the House Chamber for the consideration of measures
HOR Committee: Ways and Means Committee
a committee that, along with the Senate Finance Committee, writes the tax codes, subject to the approval of Congress as a whole; jurisdiction over all taxation, tariffs, and other revenue raising measures
majority - minority districts
a district in which a racial minority group or groups comprise a majority of the district's total population. ruled unconstitutional in Shaw v Reno (to make districts based on race)
Roles of Members of Congress: representative -trustee
after listening to constituents, members vote based on their own opinions
VP in Senate
although not a Senate member, is the presiding officer of the Senate, according to the Constitution. The vice president may not debate and only votes to break a tie.
Senate Judiciary Committee
conducts hearings prior to the senate vote on whether to confirm prospective federal judge nominations by the President; provides oversight of the Department of Justice and all the agencies under the Department of Justice
Roles of Members of Congress: constituent servant
help constituents with problems
Legislative Tactic: hold
informal practice by which a senator informs his or her floor leader that he or she does not wish a particular bill or other measure to reach the floor for consideration; the majority leader need not follow the senator's wishes, but is on notice that the opposing senator may filibuster any motion to proceed to consider the bill.
Legislative Tactics: discharge petition
is a method of bringing a bill out of committee and to the floor for consideration without a report from the committee. It becomes necessary when a committee chair refuses to place the bill or on the committee's agenda: by never reporting a bill, the bill will never leave the committee, and the full House will not be able to consider it. The discharge petition, or the threat of one, gives more power to individual members of the House and takes a small amount of power from the leadership and committee chairs.
Standing Committee
is a permanent committee that deals with specific policy matters (agriculture, energy and natural resources, veterans' affairs).
President Pro Temp
is a senior member of the majority party chosen to preside in the absence of the Senate president. This is a mostly ceremonial position lacking real power.
Select Committee
is a temporary committee appointed for a specific purpose. Most are formed to investigate a particular issue, such as the Senate Watergate Committee.
Conference Committee
is a temporary committee of members from both houses of Congress, created to resolve the differences in House and Senate versions of a bill. It is a compromise committee.
Joint Committee
is made up of members of both houses of Congress. It may be a select committee (Iran-Contra Committee) or perform routine duties (Joint Committee on the Library of Congress).
Minority Leader (House)
major spokesperson for the minority party and organizes opposition to the majority party.
Minority Leader (Senate)
major spokesperson for the minority party and organizes opposition to the majority party.
Roles of Members of Congress: policymaker
make public policy through the passage of legislation
Roles of Members of Congress: representative - delegate
members vote based on the wishes of constituents, regardless of their own opinions
Senate Foreign Relations Committee
oversees the foreign policy agencies of the US government such as funding foreign aid programs and arms sales; reviews and considers all diplomatic nominations and international treaties and legislation relating to US foreign policy
Roles of Members of Congress: representative
policymaker
Legislative Power of Congress: limitations on power
powers denied Congress by Article I, Section 9 and the Tenth Amendment
Legislative Power of Congress: expressed/enumerated powers
powers specifically granted to Congress, mostly found in Article I, Section 8 of the Constitution (enacting legislation, coining money, passing the federal budget, raising revenue, declaring war, raising and maintaining an armed forces)
Legislative Power of Congress: implied powers
powers that may be reasonably suggested to carry out the expressed powers; found in Article I, Section 8, Clause 18; "necessary and proper" or elastic clause; allows for the expansion of Congress's powers (expressed power to raise armies and navy implies the power to draft men into the military)
Packing
putting a group of alike voters into one district to reduce influence (only have one representative) - if the party that does not have the majority in that state has control they will do this ONLY RULE - they must be connected in some way (the districts), they can be 2 separate pieces (can have a highway counted as a connection)
Reapportionment
redistribution of congressional; seats after the census determines changes in population distribution among the state; the redistribution of seats in the HOR (435 members/by population) based on census data - happens once every 10 years (after the census)
gerrymandering
redistricting in which boundaries are purposefully modified to benefit a political party/incumbent; drawing congressional districts to favor one political party or group over another
Senate Appropriations Committee
responsible for all spending of the federal budget
HOR Committee: Rules Committee
responsible for determining under what rules other committee's bills will come to the floor; the committee decides for how long and under what rules the full body will debate bills.
Roles of Members of Congress: Committee member
serve on committees
Majority Leader (House)
serves as the major assistant to the speaker, helps plan the party's legislative program, and directs floor debate.
Cracking
splitting a group into separate districts to reduce influence - if the party that does have the majority in that state has control they will do this
redistricting
the drawing by state legislatures of congressional districts for those states with more than one representative; updating the boundaries of congressional districts based on reapportionment and other census data - happens once every 10 years (after the census)
Roles of Members of Congress: representative -politico/partisan
voting trustee on not very publicized votes and delegate on very publicized ones/members vote based on party loyalty
Congressional Staff and Support: Personal Staff
work directly for Congress members and their districts in the home states
Roles of Members of Congress: politician/party member
work to support their political party platform and get reelected