The Congress of these United States:
The Congress of these United States:
Our Legislative Branch
Congressional Powers
Article I of the Constitution:
All legislative Powers vested in a Congress…Consist of a Senate and a House of Representatives
Varied Roles of Congress
Makes legislation
Appropriates funds to carry out laws
May declare war
Proposes amendments to Constitution
Impeaches the President
Regulates conduct of legislators
Approves Appointments
Ratifies treaties
Article I of the US Constitution
1 - Legislative Powers
2 - House: Terms, qualifications, apportionment (3/5ths…), vacancies, leadership
3 – Senate: Terms, (1/3 elected every two years), qualifications, leadership (Vice President), impeachment,
4 – States responsible for elections, assemble at least once a year
5 - Internal procedures, rules, journal
6 – Compensation, no other civil service
7 – Revenue bills originate in the House, veto procedure, veto override
8 – Powers: to lay and collect taxes, duties, impost and excises, pay debts, provide for the common defense and general welfare, specific list of powers AND the ability to make all laws “necessary and proper”
9 - Limits: no slavery prohibition until 1808, Limits on authority: no bill of attainder, no ex-post facto, no royalty etc., no monies drawn from treasury without an appropriation
10 – Federalism: States can’t coin money, enter treaties, also, no bill of attainder, no ex-post facto, no royalty etc. for them either
Big Word for the Day: Collegial
characterized by or having authority vested equally among colleagues
Amendments:
XIV – (Due Process and Equal Protection) Repeals 3/5ths clause - 1868
XVI – Income Tax - 1913
XVII – Direct Election of Senators – 1913
XX – (Lame Duck) Session starts 3rd of January - 1933
XXVII – Congressional Pay Raises - 1992
Who ARE These People?
House
Representative or Congressman or Congresswoman
25 years old
Citizen for 7 years
Resident of their state
2 year terms
Senate
Senator
30 years old
Citizen for 9 years
“Resident” of their state
6 year terms
Partisan Composition of the House and Senate
And Why Are They There?
To Represent?
An instructed delegate of the citizens?
A really complex version of the telephone game…
Downside:
The tyranny of the majority
Polling driven policy
Mob rule
To be a Statesman?
A trusted trustee, entrusted with our trust?
The best and the brightest…
Downside:
Removed from reality
Paternalistic snobs
Elitism
Bicameralism: Separating the legislative body into two houses
I Am Somebody! I’m a Constituent!
National and Local Representative
National Government
Local Service Issues
Casework
Personal Staff
At least 18 per member
I Heart My Congressman
Specific approval
Institutional disapproval
Ladies and Gentlemen,
The Congress
Separated at Birth
House
Larger (435)
Shorter term of office (2 yrs)
More procedural restraints on members
Narrower constituency (they represent a smaller region) average district size: 646,952
Policy Specialists
Diffused media coverage
More powerful leader
Less Prestigious
Briefer floor debates
Less reliant on staff
More Partisan
Special Role: Taxing and Spending
Impeachment Charges
Senate
Smaller (100)
Longer term of office (6 yrs)
Fewer procedural restraints on members
Broader, more varied constituency two per state
Policy generalists
More media coverage
Less powerful leaders
More Prestigious
Longer floor debates (filibuster)
More reliant on staff
Less Partisan
Special Role: Treaties and Appointments
Impeachment Trial
Leadership Organization
House
Speaker
Selected every two years
Often serve for many years
Nancy Pelosi (CA)
Majority Leader
2nd in command
Steny Hoyer (MD)
Senate
Majority Leader
The person in charge
Harry Reid (NV)
Pro Tempore
Honorary, based on seniority
For the time being
Robert Byrd (WV)
Vice President
Presides – but not often
Breaks ties (6 months for Cheney)
Dick Cheney (WY)
How a Bill…
How a Bill Really…
See handout!
How Many Bills?
How Many Filed?
20,000 annually!
How Many Pass?
Around a 1000.
That’s about 5%!
Next Up: Committees
Committees
Where the work gets done
Subcommittee
Specialization
Types:
Joint (only 2)
Special or Select
Budget
Standing
Conference (not the same as party conferences)
Standing Committees
The Workhorse of Congress
19 in the House, 17 in the Senate
88 Subcommittees in the House, 68 in the Senate
Quorum – enough members present to hold a vote
House Committees
The Big Three
House Rules Committee
Sets a rule for each bill about how debate will occur
All bills go through here before making it to the floor
It is the “traffic cop” for whether or not a bill makes it
The House Rules Committee is MUCH more powerful than the Senate.
Chair: Louise Slaughter (NY)
Ways and Means
Raises Revenue for the Government
First stop for ALL revenue bills
The “Cadillac” of committees
NOT taking is at least as important as giving…
Exemptions, credits, loopholes
Chair: Charlie Rangel (NY)
House Appropriations
Spends money to fund government
Appropriation: the legal authorization to expend governmental funds
11 subcommittees!
Oink, oink, oink…
Chair: Dave Obey (WI)
Senate Committees
The Big Three
Senate Appropriations
“Court of Appeals” – they add and delete from the original spending plan sent over from the House (Then they conference!)
“Byrd droppings”
Chair: Robert Byrd (WV)
Finance
The Tax Committee for the Senate
The two certainties of life:
Death
Taxes
Chair: Max Baucus (MT)
Bipartisan – both parties support the idea
Senate Foreign Relations
Confirms ambassadors
Ratifies treaties
Is the “check and balance” for executive foreign policy powers.
Chair: Joe Biden (DE)
The Floor
Calendar – list of bills scheduled for hearing or vote
Majority, Super Majority
The Well
C-Span
Filibusters
Unlimited debate
Used to slow down progress of a bill you don’t care for. Very effective late in session when time is short.
Senate Only (too many members in the House…)
Rule 22 requires 3/5th of the Senate (60) to invoke…
Cloture, which is a vote to end the debate.
Staff
35,000 employees
Committee staff has declined in recent years under Republican control (House: 1,407 from 2,100; Senate: 950 from 1,185)
Minimum personal staff: 18 full time, 4 part time
Wasserman: they “organize hearings, negotiate… research… speak with voters, and promote legislation.” They initiate policies and “sell” them to their bosses.
Elected Staff?
Clerk
Sergeant at Arms
Chaplain
Executive/Legislative Tension
Even if the House, the Senate and the President ALL come from the same party, and certainly if they do not,
Even if the President (or Vice President) was recently part of the Legislative Branch,
Even if the President has a substantial mandate of public support,
They trust each other
“as far as I can throw ‘em…”
Next:
Money, Power and Other Impolite Things
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