Chapter 7 Outline the Constitution and the Legislative Branch of Government

Chapter 7 Outline
The Constitution and the Legislative Branch of Government
The Seventeenth Amendment in 1913 provided for the direct election of senators. Article I creates the legislative branch of government. Congress is a bicameral institution. The upper house is called the Senate in which each state receives two representatives, and the lower house is called the House of Representatives that is apportioned by population. The Senate has a six-year term with 1/3 of the seats up for reelection every two years, and the House has a two-year term. Originally, senators were chosen by state legislatures.
Apportionment and Redistricting
The first House was set at 65 members or one representative for every 37,000 persons. The Constitution requires that all Americans be counted every ten years by a census. The census would then determine the representation in the House of Representatives. Since the Constitution requires the House to be based on population, a fixed number of seats demands that after each census the House seats be redistributed as populations shift-this is called redistricting or reapportionment . As the population grew, the House became larger. In 1910, the House reached 435 members and in 1929 the size was fixed by statute.
Constitutional Powers of Congress
The House has 435 members and all money bills must originate, and the impeachment of executive and judicial officials must occur, in the House. It tries impeachment cases and can remove officials with a 2/3rds vote. The Senate also provides advice and consent on presidential appointments and treaties with a 2/3rds vote. The House, being a much larger body, tends to be more formal, centralized, and has stronger leadership. The Rules Committee exists only in the House and exercises substantial control over time and rules of debate in conjunction with the Speaker. The House is impersonal, more partisan, and its members are highly specialized. The Senate is less centralized, less formal, and has weaker leadership. The Senate has the possibility of filibustering-talking a bill to death-that can only be limited through a cloture vote
The Speaker of the House
The Speaker is the only House officer mentioned in the Constitution. The Speaker is elected at the beginning of each new session of Congress by the entire House. The Speaker and all committee chairs are members of the majority party in Congress (this is not a rule, but a political fact). Generally a Speaker serves until he/she leaves the House, chooses to step down, or if his/her party loses the majority. The Speaker presides over the House, oversees House business, is the official spokesperson for the House, and is second in line of presidential succession (if the president and vice president both died, the Speaker would become president). The Speaker is expected to be a liaison with the president and promote his/her parties' legislation through the Congress..
Majority leader-second most important person in the House
Majority whip(s)-maintain contacts and rally support on the floor among the majority party
Minority leader-leader of the minority party. In 2004, the first woman was elected as minority leader, Nancy Pelosi (D-CA).
Minority whip(s)-maintain contacts and rally support among minority party members. In 2002, the first woman was elected minority whip, Nancy Pelosi (D-CA).

The Senate
The presiding officer of the Senate, according to the Constitution, is the vice president of the United States. He is not a member of the Senate and can only vote in case of a tie. The official chair of the Senate is the president pro tempore who is selected by the majority party and presides in lieu of the vice president. It is primarily an honorific office with few duties and no power. The president pro tempore is usually the senior senator of the majority party. Usually junior senators actually preside over the Senate.
The true power in the Senate is the majority leader who is elected by the majority party. The Senate also has a minority leader and whips for both parties.
The Role of Political Parties in Organizing Congress
Parties are not mentioned in the Constitution but parties rapidly developed along the cleavages left over from the ratification debates. At the beginning of each new Congress, each party gathers in its caucus or conference to nominate and elect officers, review committee assignments, discuss policy and more.
The Committee System
Most of the work of Congress takes place in committees. Committees are controlled by the majority party and often set the congressional agenda. They are highly specialized and have staffs of their own. Most committees also have subcommittees that are even more specialized. Most bills die in committee. Fewer than 10 percent of the over 8,000 bills considered in any Congress proceed beyond the committee stage. Committees can have a lot of power in the legislative process. Committee chairs can refuse consideration of a bill and refuse to let it go to the floor if they so choose. Bills can be forced out of committee through a discharge petition signed by a majority (218) of the House-but this is rarely done.
Types of Committees
Standing-permanent committees. Proposed bills are referred to committees, fewer than 10 percent of bills are reported out to the floor.
Joint-includes members from both houses
Conference-special kind of joint committee that reconciles the House and Senate versions of a bill. A bill must pass both houses in identical form to become a law.
Ad hoc, special, or select-temporary committees for specific purposes.
Representatives and senators are placed on committees by their party's selection committee. They get a chance to express a preference, but not all requests are granted. And someone must serve on the "bad" committees-like Ethics or the District of Columbia governance committee.
Committee membership generally reflects the balance of parties in the chamber. On "critical" committees, the majority party often gets a disproportionate share of seats. In the 109th Congress, the House has 19 standing committees and 86 subcommittees roughly parallel to the departments in the bureaucracy. The Senate has 16 standing committees and 68 subcommittees. In general, the membership of committees in the Senate more accurately reflects the partisan split in the chamber than committee membership in the House. The House has a unique committee, the Rules Committee, in which majority party members are appointed directly by the Speaker. This committee reviews all bills before they go to the full chamber and determines the rule under which each bill will be considered and the date on which it will be heard. It can also specify whether and what kind of amendments might be allowed. Bills considered under a "closed rule" cannot be amended.
Senators hold more committee assignments than House members. Senators, therefore, tend to be generalists whereas House members develop more in-depth specialties. The House tends, as a body, to defer to its committees and their decisions. The Senate is a more individualistic body and Senators tend to look at committee decisions as recommendations to be discussed at great length and changed.
The Members of Congress
Members of Congress have two constituencies:
-party leaders, colleagues, and lobbyists in Washington, D.C.
-constituents at home in their state or district
Keeping in touch with one's constituents is a key to success and reelection. Time in district is important. But so is casework. Congressional staff usually handle casework-solving constituent's problems dealing with the bureaucracy. Veterans who need help getting benefits, late Social Security checks, passport problems, student loan concerns, and many other problems keep congressional staff very busy. Running for Office and Staying in Office. Most members of Congress belong to one of the two major parties, and the ability to raise money is key to winning and holding office. Incumbency is a significant advantage in elections. Incumbents enjoy name recognition, access to media, and fundraising advantages, as well as the franking privilege in Congress (free mailings to constituents). Many have provided tangible benefits to their districts-pork barreling. Casework wins loyalty for incumbent members. Experience at running a campaign and making speeches is very helpful. Over 95 percent of incumbents win reelection.
Congressional Demographics
Congress is older, better educated, whiter, and richer than most of us. However, great strides have been made. Both California and both Maine senators are women. In the 109th Congress, there are 82 women (68 in the House and 14 in the Senate), 42 African Americans in the House and 1 in the Senate, 26 Latinos in the House and 2 in the Senate, and 5 Asian Americans in Congress (2 senators and 3 House members). There is 1 American Indian in the House.
Theories of Representation
There are a number of ways in which an elected official can represent his/her constituents. The book presents three theories of representation:
Trustee-representatives use their own best judgment
Delegate-representatives vote the way their constituents want them to
Politico-representatives act as trustee or delegate depending on the issue
The question of representation is very complex. Can a man represent a woman? Can a white person adequately represent the views of a black person? There are many such questions and no easy answers. Obviously, people bring to D.C. their beliefs, culture, and experiences so diversity in Congress should lead to differences over time in legislation. But it is unclear exactly what the effects are.
Colleagues and Caucuses
When members must vote on bills beyond their expertise, colleagues who are knowledgeable about such matters often have a lot of influence. On issues that do not concern one's district or on which there is no clear preference in one's district, vote trading or logrolling with colleagues often occurs. Someties, personal pleas from respected colleagues or the president can also change votes.
There are a number of special interest caucuses that also help members make up their minds such as the Black Caucus and the Congressional Caucus for Women's Issues.Interest Groups, Lobbyists, and Political Action Committees
Interest groups provide information to members of Congress. They also instigate, fund, or support grassroots campaigns. Interest groups can win over undecided members but rarely change the minds of the committed. Lobbyists provide an important information role as well. Campaign contributions from PACs may also play a role particularly if a member is undecided.
Staff and Support Agencies
Staff members prepare summaries of bills and brief the senator or representative on their research. If the bill is nonideological or if the member has no position on it, the staff can be quite influential.
Support agencies like the Congressional Research Service, the General Accounting Office, and the Congressional Budget Office also offer information and analysis to members of Congress.
The Law-making Function of Congress
A bill must survive three stages to become a law: committees, the floor, and the conference committee. A bill can die at any stage.
How a Bill Becomes a Law
1) Bill is introduced by a member and often sponsored by a list of members.
2) Clerk of the chamber numbers it (HR 1 or S 1)
3) Bill is printed, distributed, and sent to the appropriate committee or committees (in the House, bills are referred to committee by the Speaker)
4) COMMITTEE-sends it to subcommittee or chair can kill it
5) SUBCOMMITTEE HEARINGS-or bill can die here. Bill is discussed and revised and the subcommittee votes
6) COMMITTEE-once subcommittee approves, bill goes back to full committee which votes. If passed, referred to floor
7) FLOOR-in the House a bill must go through Rules Committee and it is put on the calendar with floor debate limits. House can choose to act as a Committee of the Whole and deliberate or simply vote. If bill survives, it goes to the other house of Congress and goes through the same process of committees and floor consideration. In the Senate, several differences occur. Bills can be stopped by filibuster or hold. A filibuster is talking a bill to death (unlimited debate) and a hold is a tactic designed to keep the bill off the floor. A senator tells the leadership he/she has an objection to the bill. Since they could filibuster, a hold usually keeps a bill from being considered in the Senate. A filibuster may be stopped by a cloture vote-16 senators must sign a motion for cloture then 60 senators must vote to end the debate.
8) OTHER CHAMBER
9) CONFERENCE COMMITTEE-a joint committee reconciles the two versions if possible
10) BACK TO BOTH HOUSES-for an up or down vote. No amendments or changes.
11) PRESIDENT-has 10 days to consider the bill
a. Sign it and the bill becomes a law.
b. Veto it. Congress may override with 2/3rds of both houses.
c. Wait 10 days and if Congress remains in session, bill becomes a law without his signature
d. Wait 10 days and if Congress adjourns-a pocket veto. The bill is vetoed without a signature

Congress and the President
Especially since the 1930s, the president has often seemed to be more powerful than Congress. In some cases, Congress has handed power to the president. But Congress retains several key powers vis-ˆ-vis the president: funding powers, oversight, and impeachment/removal.
The Shifting Balance of Power
In the early years of the republic, Congress seemed the most powerful branch. During the Civil War, the executive took many powers and became larger and wielded powers previously unheard of. Following the Civil War, Congress took back some of the president's authority. These shifts have continued throughout our history.
In recent years, the presidency has been quite powerful particularly since FDR. Congress generally responds to executive branch legislative proposals. The president actively courts members of Congress to vote his way.
Congressional Oversight of the Executive Branch
Congress has the power to review the actions of the executive branch, and they seem to be doing it more often lately. We have had oversight committees on Whitewater, campaign finance, FBI conduct in Waco, and IRS abuses among others. There are often complaints, especially during times of divided government, that many of these reviews are politically motivated-however oversight is critical to see if the bureaucracy is enforcing and interpreting laws the way Congress intended.
Foreign Affairs Oversight
The Constitution divides foreign policy powers between the president and Congress. The president can wage war and negotiate treaties whereas Congress declares war and the Senate ratifies treaties. During the twentieth century, the president has become preeminent in foreign affairs. This is due, in part, to the advent of nuclear weapons and the nature of the crises we have experienced as a nation. Quick decision making and secrecy are essential, and 535 members of Congress are poor at both tasks. Congress attempted to reassert itself in foreign policy through the War Powers Act in 1973. Presidents had been waging war without congressional approval and without formal declarations for decades. Congress passed a law to stop that practice. The Act required the president get congressional approval before sending troops abroad and to notify Congress within 48 hours of any foreign troop deployment. The president must withdraw troops within 60 days unless Congress declares war. The Act has not been very effective.
Congress and the Judiciary
Judicial review is a powerful check on the legislative powers of Congress. However, sometimes they do. An example is a 2004 bill passed just prior to the election regarding partial birth abortion. The law was a political statement in advance of the election, and everyone voting for it knew the Court would invalidate it.