American Government: Stories of a Nation - Chapter 4

Legislators' Voting Decisions

#1) Constituents' Interests - Voting against interests receives backlash - Higher levels of trust mean less consequences, may be more likely to vote against interests. #2) Political Party - Seek input from policy specialists with expertise. - Input from congressional staff - Special interest groups - Big donors

How can constituents hold representatives accountable?

#1) Have policy preferences & communicate them to their representatives. #2) Have basic knowledge about the actions of their representatives to know whether to punish or reward them next election. However, this often times does not happen. This risks tilting Congress in the direction of the informed to the detriment of the majority of uninformed. Incumbents MUST pay attention to uninformed voters

Baldus v. Brennan

- 2011 Wisconsin Republican state legislators pledged to secrecy when redrawing state boundaries. - Peter Earle (civil rights lawyer), Doug Poland (commercial litigator), challenged the map. - They found evidence of the pledges & the effects of the redistricting - Republicans won overwhelming majority of seats. (similar process in democratic states as well).

Money Matters

- Advertising, airtime, campaign events - Hiring pollsters - Scares off competition - Encourages donors "Chicken & egg," to be taken seriously, they need money. But to have money, they need to be taken seriously.

Design of The Legislative Process

- Complicated & multi-stepped with many opportunities. - Each stage offers another chance to kill a prospective law. - The framers placed these hurdles intentionally to keep the people's passions from sweeping through legislations.

Committee Purposes

- Members attempt to get on committees which will benefit their constituents, districts, or states. - This adds to incumbency advantage. - Dues are charged for lawmakers to get on committees. - House committees are larger than Senate committees. - Senators serve on more committees than House members.

The three main powers of Congress

1) Lawmaking 2) Budgeting 3) Oversight of federal bureaucracy and other public officials.

Constituency

A body of voters in a given area who elect a representative or senator. - Districting is often political & controversial - 1842 Apportionment Act mandated single-member districts. No two senate seats from the same state will ever be up for grabs the same year, unless retirement/other event has opened up a seat.

Hold

A delay placed on legislation by a senator who objects to a bill. - They can them communicate their reservations to the majority leader. - Holds create potential for filibuster. - The ability to place holds, offer amendments, and debate issues allows a senator to consumer Congress's most valuable resource: time.

Majority-Minority Districts

A district in which voters of a minority ethnicity constitute an electoral majority within that electoral district. - Packing minorities into a single district. While some argue this guarantees a minority will be elected, others argue that this means more districts won't have to consider minority values.

Whip

A member of Congress, chosen by his or her party members, whose job is to ensure party unity and discipline. - Collects information on how party members will vote, gaining support on key votes and setting party strategy.

Discharge Petition

A motion filed by a member of Congress to move a bill out of committee and onto the floor of the House of Representatives for a vote. - A committee may reject a bill by vote, or table it with no explanation. - In the House, discharge petitions can move a bill from an unfriendly committee to the floor for majority vote. These rarely work. - Recently there have been fewer session days, fewer hearings, and fewer bills.

House Rules Committee

A powerful committee that determines when a bill will be subject to debate and vote on the House floor, how long the debate will last, and whether amendments will be allowed on the floor. - Speaker of the House appoints members to this committee. - These special rules play a major role in whether or not a bill is passed.

Cloture

A procedure through which senators can end debate on a bill and proceed to action, provided 60 senators agree to it. (3/5) - Minority parties with 41 seats can thus use filibuster to delay or kill legislation.

Entitlement Programs

A program that provides benefits for those who qualify under the law, regardless of income. - Social security, medicare, consumer bulk of yearly federal spending. - This is locked in, mandatory spending.

Gridlock

A slowdown or halt in Congress's ability to legislate and overcome divisions, especially those based on partisanship.

Fillibuster

A tactic through which an individual senator may use the right of unlimited debate to delay a motion or postpone action on a piece of legislation. - Doesn't matter what they read or say as long as they keep talking. - Only ends through cloture. Can also be used to hold up confirmation or vote of a presidential nominee.

Step #6: Presidential Action

After passing in each chamber, the bill goes to the president for action. (Article I, Section 7) #1) The president may sign it, where it becomes law. #2) The president may veto it, sending it back to Congress with objections. #3) Inaction also allows a bill to become a law within 10 days of Congress being in session.

Bipartisanship

Agreement between the parties to work together in Congress to pass legislation.

Unanimous Consent Agreement

An agreement in the Senate that sets the terms for consideration of a bill. - Proposed by majority leader or floor manager. - Reflect negotiation among interested senators. - Time may be limited for debate with these agreements. - Some permit only specified amendments, or allow majority leader to call up the measure at will.

Political Action Committees (PACs)

An organization that raises money for candidates and campaigns. - Designed to make money, & make friends. - Representatives use money to assist fellow party member campaigns.

Norms in Congress

Animosity between parties has made maintaining norms harder. - Respect towards colleagues. - Reciprocate help. - Specialize in one or more policy area to help assist overall level of expertise in Congress.

Incumbency

Being already in office as opposed to running for the first time. - Incumbents usually win. - They possess advantages from media coverage, their personal record, established donor network, & name recognition. - Challengers wait until incumbents have retired or switched offices.

Congress is composed of what kind of legislature?

Bicameral - There are checks and balances within Congress itself, between the House & Senate - Madison (Federalist Papers) believed this would protect our rights and liberties from being damaged by factions. - Federalism & separation of powers also helped achieve this.

Step #2: Committee Referral

Committees are crucial to the success or failure of a Bill, so assignment is very strategic and calculated. Multi-referral: Bills which are complex are assigned to multiple committees.

Step #5: Resolution of Differences

Conference Committees reconcile differences between House & Senate versions of Bills. - On minor bills, one chamber may just simply accept the other chamber's version. - This happens when time is scarce. - Once differences are resolved, the bill goes back to the separate chambers. Reconciliation: A bill is sent to a committee for budget adjustment. Budget resolution is total amount of revenue and expenditures in that year's budget.

Setting Federal Budget: Step 2

Congress Acts - In response to the president's proposals, Congress produces a budget resolution that outlines federal spending. - Appropriations committees set budgets for departments, agencies, and bureaus. - These committees submit budget resolutions that are passed from Congress to the President for approval.

Exercising Checks & Balances

Congress can declare war, Senate can ratify treaties, forcing executive & legislative to work together on foreign policy. - Sets number of supreme court justices. - (Senate) confirms presidential justice nominees. - (Senate) exercises advice & consent in presidential nominees to federal bureaucracies & cabinets.

Impeachment Process

Congress can remove federal officials (president, V.P., bureaucracy, federal judges) through impeachment for treason, bribery, or higher crimes/misdemeanors. - Vagueness has led to debates of what is impeachable. - Majority of House must vote to impeach. - 2/3 of Senate must vote to convict. Andrew Johnson survived by a single Senate vote Bill Clinton was acquitted 55-45

Representation in Congress

Congress does not represent the public demographically. Many more wealthy, older, white, male, & educated in Congress. - Certain genders, religions, races, ethnicities, unions, and sexualities are not represented in Congress well.

The Budgeting Process

Congress sets a federal budget, and because it appropriates funds for agencies and programs, it is very powerful in policy making. Congress can: - Impede president's proposals by refusing to fund them. - Choose to authorize a department & set its funds. Congressional Budget Office (CBO) provides budget consequences of funding Congress's agencies

Committee of the Whole

Consists of all members of the House and meets in the House chamber but is governed by different rules, making it easier to consider complex and controversial legislation. - Only 100 members needed for quorum. - It dissolves when it reports with a recommendation to the House.

Divided Government

Control of the presidency and one or both chambers of Congress split between the two major parties.

Recent status of Congressional hearings...

Declined by 50% since mid-1970s. - Now Congress relies more and more on special interest groups for analysis and information.

The House of Representatives

Directly elected by voters in their districts, meant to be close to the people & their wishes. - 2 year term, unlimited # (holds them accountable, but still gives them enough time) - Must be 25 years old, a resident of their state, & 7 year U.S. citizen. - Women could hold office, but property ownership requirements prevented it. - Madison argued against these requirements, wanting the House to be inclusive.

Partisan Gerrymandering

Drawing of district boundaries into strange shapes to benefit a political party. - Cram opposing party into small & easily winnable districts. - This waste many of their votes as there is no advantage to winning by many more votes. - Only around 40% of House Seats are competitive. Most will only lose their seat if challenged by someone from the same party. - Members on Congress heavily rely on primary voters and large donors.

Oversight

Efforts by Congress to ensure that executive branch agencies, bureaus, and cabinet departments, as well as their officials, are acting legally and in accordance with congressional goals. - Congress can investigate the executive branch for wrong doing. - Congress ensures laws are implemented in the way it intended. - Congress can investigate federal bureaucracies & other branches of government. Congressional committees and subcommittees conduct hearings and investigations to ensure funds are spent efficiently & legally. These happen routinely, but can also be called after failure of a branch.

Step #1: Introduction

Formal introduction of a Bill either to the House or Senate. - Only members of Congress may introduce a Bill, but interest groups play a large role in shaping and encouraging Bills. - Presidents can encourage legislature through talks with party leaders or appeals to the American public. - Formally, House can only introduce revenue bills. - House & Senate usually act on policies at the same time with communication between party leaders. Not all Bills are meant to become laws, some just draw attention to issues or seek solutions.

Incumbency Advantage

Institutional advantages held by those already in office who are trying to fend off challengers in an election. - Advantage is greater in House than Senate, due to re-election every 2 years putting them fresh in minds. - Also they usually run from safe districts. - Districts are smaller than whole states. - 85-90% of House incumbents are successful. - 80% for Senate

Committee Chairs

Leader of a congressional committee who has authority over the committee's agenda. - No longer based on seniority since Republican control in 1995, picked by party leaders. - New term limits were placed on chairs. - This has given party leaders lots of power over legislative business.

Pork Barrel Spending

Legislation that directs specific funds to projects within districts or states. - Puts narrow interests above ahead of the nation's voters.

The Senate

More insulated from "public passions" to maintain stability in the legislative branch. - 6 year term, unlimited #, 1/3 re-elected every 2 years (serve as a defense against the people's own errors). - Must be 30 years old, resident of their state, & 9 year U.S. citizen. - Elected by state popular vote since 1913 (not state legislature). - Shay's rebellion brought worry for the rich losing their property. Roadblocks prevent wishes quickly becoming policy.

Step #4: Floor Consideration

Once out of a committee, Bills proceed to the floors of the House & Senate.

Step #3: Committees & Subcommittees in Action

Once referred to one or more committees, legislation is usually sent to one or more subcommittees. - Much more narrow & focused. - Operate under guidance of parent committee. - Committees & subcommittees hold hearings to gather information on a Bill. Individuals may testify and offer expertise. - Markup session allows changes before Bill heads to floor. Committee Report: Acts as history of Bill and offers guidance about the intent of the Bill. Conference Report: Can include early cost estimates.

Lame Duck Period

Period at the end of a presidential term when Congress may block presidential initiatives and nominees. - This especially happens when President was not reelected or is leaving office.

Politico Role

Representation where members of Congress balance their choices with the interests of their constituents and parties in making decisions. - Congress is a politicized body.

Discretionary Spending

Spending for programs and policies at the discretion of Congress and the president. ex) Military power

Mandatory Spending

Spending required by existing laws that is "locked in" the budget.

Types of Committees

Standing, select, joint, & conference. - Permanent and divided by policy area. - Members serve for multiple terms for expertise. Standing: Divide into subcommittees for more specialization, but consider legislation from parent committee. Joint: House & Senate, focus on public attention on issues and help gather information or speed things up in Congress. Conference: Temporary joint. Solve differences between House & Senate versions of Bills, which is required by Constitution before President can sign. Members determined by party leaders. Select/Special: Investigation of an issue, response to a scandal.

Redistricting

States' redrawing of boundaries of electoral districts following each census. - 7 states have 1 representative, so they don't do this. - Some states redistrict between censuses due to political party gains. However, some states have laws against this. - State legislatures redraw themselves, or approval bipartisan committees to do it for them.

Setting Federal Budget: Step 1

The President's Proposed Budget - The Congressional Budget and Impoundment and Control Act of 1974 requires president's proposed budget is reviewed by congressional committees. - Congressional Budget Office gives advice and research. - Fiscal year begins in October, president must submit proposal February of that year. - President's proposal has no actual constitutional weight.

Social Security

The Social Security Act of 1935 created a set of programs to support vulnerable groups of Americans. - Unemployment insurance, old age insurance, old age assistance. - Designed to be self-funding so there were no tax raises to further depress the economy. - The rise in those receiving benefits puts financial stress on the system. - Only 3/4 of benefits are projected to be given. - No real great solution, as decreasing benefits would lose politicians votes.

Budget Surplus

The amount of money remaining when the government takes in more than it spends.

Office of Management and Budget (OBM)

The executive branch office that assists the president in setting national spending priorities.

Taxation

The government charges you to spend money. - Individual's incomes were not taxed until 1912 and the ratification of the 16th Amendment.

Minority Leader

The head of the party with the second-highest number of seats in Congress, chosen by the party's members. - Coordinates minority party activity, opposition to majority party, and overall strategy.

Trustee Role

The idea that members of Congress should act as trustees, making decisions based on their knowledge and judgement. - Voters rely on this judgement of the member in policymaking.

Delegate Role

The idea that the main duty of a member of Congress is to carry out constituents' wishes.

Gerrymandering

The intentional use of redistricting to benefit a specific interest or group of voters. - Elbridge Gerry (1812) oddly drew districts to benefit his party. (Democratic-Republican) - Federalists complained it looked like a salamander.

Speaker of the House

The leader of the House of Representatives, chosen by an election of its members. - Only House leadership position described in Congress. - Re-elected every 2 years, almost always from majority party. - Requires many years of experience - Requires the ability to raise money for other members - Second in line for President due to death, resignation, removal, or inability. - Has considerable authority over House agenda & committee assignments.

Senate Majority Leader

The person who has the most power in the Senate and is the head of the party with the most seats. - Not as powerful as speaker of the house. - V.P. is in charge of the senate, but is almost never present. - Junior senate members become president pro tempore, which yields no actual power.

House Majority Leader

The person who is the second in command of the House of Representatives.

Veto

The power of a president to reject a bill passed by Congress, sending it back to the originating branch with objections. - Veto overrides allow the bill to still become law with 2/3 of both chambers. - This is uncommon, and expresses deep disconnect between the president and Congress.

Apportionment

The process of determining the number of representatives for each state using census data. - Since 1929, the House has had 435 members. - Apportionment is conducted every 10 years. - States are divided into one or more congressional districts. Recently, South & West have grown in seats, while Northeast & Midwest have lost seats.

Budget Deficit

The shortfall when a government takes in less money than it spends. - The government will be borrowing for the foreseeable future. - Deficits allow us to meet immediate needs or to finance investment in the American economy that will produce higher tax revenues in the future. - No signs of stopping.

National Debt

The total amount owed by the federal government.

Malapportionment

The uneven distribution of the population among legislative districts. - This violates the equal protection clause of the 14th Amendment.

Logrolling

Trading of votes on legislation by members of Congress to get their earmarks passed into legislation. - Voting for someone else's bill so they will vote for yours. In 2011, a Republican led effort in the House banned earmarks.

Challenges of Representation

Voters want their representatives to spend lots of time operating effectively in Congress, but they also want them to spend lots of time at home explaining what they've been up to and plan to accomplish.

Substantive Representation

When a member of Congress represents constituents' interests and policy concerns. - Less talked about or focused on agenda's must be brought to the surface when possible.