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