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4 - Congress: Representation, Organization, and Legislation

The Constitution and Congress

Article I: Congress

  • Article I of the Constitution focuses on Congress, offering a detailed outline of its structure and powers, more so than for the executive and judicial branches.

Key Differences between the Chambers

Creation of a Bicameral Legislature

  • The Constitutional Convention's compromise between populous and less populous states led to a bicameral legislature: the House of Representatives and the Senate.
  • This structure was designed to implement checks and balances within Congress and ensure diverse representation.

Roles and Functions

  • House of Representatives: Directly elected, serving two-year terms to remain close to the electorate.
  • Senate: Offers stability with six-year terms, with elections staggered every two years to ensure continuity.

Checks and Balances

  • The bicameral legislature was proposed to double the security to the people, requiring concurrence from two distinct bodies to prevent usurpation and perfidy.

The House of Representatives

  • Election and Term: Direct election by voters, serving two-year terms.
  • Qualifications: Minimum age of 25, seven years of citizenship, and residency in the state they represent.
  • Intended Role: Designed to be closely aligned with the electorate's wishes.

The Senate

  • Election and Term: Initially elected by state legislatures, now directly elected due to the 17th Amendment, serving six-year terms.
  • Qualifications: Minimum age of 30, nine years of citizenship, and residency in the state they represent.
  • Intended Role: Acts as a stabilizing factor, more insulated from public opinion and temporary passions.

Powers of Congress

Legislative Authority

  • Congress holds the primary authority to pass laws on national policy, with enumerated powers in areas like economic policy, national security, and foreign policy.

The Budgeting Process

  • Congress is responsible for setting the federal budget, significantly influencing policy through the allocation of funds.

Oversight

  • Oversight ensures that executive agencies and officials act in accordance with congressional goals and legal standards.

Checks and Balances

  • Congress plays a crucial role in the system of checks and balances, with powers to declare war, ratify treaties, confirm judicial and executive nominations, and impeach federal officials.

Politics of Congressional Elections

Constituency and Apportionment

Constituency Definition

  • Constituency: A body of voters in a given area who elect a representative or senator.

Senate Representation

  • The Senate has 100 members, two from each state, representing states rather than population sizes, leading to unequal voter representation between large and small states.

House of Representatives Apportionment

  • Apportionment: Determining the number of representatives each state has in the House based on census data. The House has been fixed at 435 members since 1929, with each state guaranteed at least one representative.

Redistricting and Gerrymandering

Redistricting

  • Redistricting: The process of redrawing electoral district boundaries after each census. It can significantly affect the political composition of constituencies.

Gerrymandering

  • Gerrymandering: Manipulating district boundaries to favor one party or group. Types include:
    • Partisan Gerrymandering: Aiming to benefit one political party over another.
    • Racial and Ethnic Gerrymandering: Creating districts to increase the likelihood of electing minority representatives.

Supreme Court and District Boundaries

Key Cases

  • Baker v. Carr (1962): Established the principle of "one person, one vote," requiring districts to have roughly the same number of constituents.
  • Shaw v. Reno (1993): Ruled against racial gerrymandering that resulted in bizarrely shaped districts, emphasizing that race can be a consideration in redistricting but not the main factor.

Advantages of Incumbency

  • Incumbents have significant advantages, including name recognition, access to media, and the ability to claim credit for legislative achievements, which contribute to high reelection rates.

Incumbency in Different Offices

  • House of Representatives: Incumbents benefit from frequent elections (every two years) and often represent safe districts.
  • Senate: Senators have longer terms and represent entire states, making voter outreach more challenging and reducing incumbency advantages compared to the House.

Factors Affecting Congressional Elections

  • Experience and Money: Critical for challengers to mount effective campaigns. Incumbents' advantages and the high cost of campaigns make it difficult for new candidates.
  • Maximizing the Advantage: Incumbents use strategies such as advertising, claiming credit for legislative achievements, and performing casework to secure reelection.

The Organization of Congress

Political Parties in Congress

  • The majority and minority parties hold key leadership positions, shaping congressional behavior and policy advocacy.
  • Party discipline in the U.S. is weaker than in many democracies, with party leaders using various methods to align members with party goals.
  • Party leaders are instrumental in setting legislative agendas, choosing leaders, assigning committee memberships, and managing media relations.
  • There has been an increase in party-line voting.

Party Leadership in the House of Representatives

  • The House is structured with a Speaker, majority leader, and whips playing pivotal roles.
  • Speaker of the House: Elected by House members, often from the majority party, with significant influence over the legislative agenda and committee assignments.
  • House majority leader: Acts as the second-in-command, assisting the Speaker.
  • Whip: Ensures party unity and discipline.
  • Minority leader and whips: Coordinate the minority party's activities and strategy.

Party Leadership in the Senate

  • The Senate is led by the vice president (constitutionally) but day-to-day leadership falls to the Senate majority and minority leaders.
  • Senate majority leader: Most powerful, shaping the legislative agenda.
  • Minority leader and whips: Lead the opposition and aid in party strategy.

The Committee System

  • Committees and subcommittees handle the bulk of legislative work.
  • Committee Membership and Leadership: Reflect the party ratio in each chamber, with chairs holding significant agenda-setting power.
  • Types of Committees: Standing (permanent, policy-specific), Joint (House and Senate members), Conference (resolves House-Senate bill discrepancies), and Select (temporary, issue-specific investigations).

Congressional Staff and Bureaucracy

  • Staff support legislators in casework, policy, legislation, and maintaining constituent relations.
  • The complexity of issues and the republic's growth have led to an increase in congressional staff size.

Norms of Behavior

  • Unwritten rules promote respect, reciprocity, and specialization among members.
  • Growing partisanship challenges these norms, complicating compromise and cooperation.

"I'm Just a Bill"

Introduction to the Legislative Process

  • The legislative process in the United States is intentionally complicated, designed by the framers of the Constitution to prevent hasty legislation and protect minority rights.
  • The classic Schoolhouse Rock! video "I'm Just a Bill" simplifies this process for educational purposes, though the reality is much more challenging, with many bills never becoming law.

The First Step: Introduction of a Bill

  • Bills can be introduced in either the House or the Senate, with only members of Congress holding the right to introduce legislation.
  • Although formally only the House may introduce revenue bills, both chambers often work simultaneously on similar policy areas, encouraged by various stakeholders, including the President and interest groups.

Referral to Committee

  • Strategic political calculations determine the committee assignment, which significantly impacts a bill's success or failure.
  • Bills may undergo multiple referrals if they cover broad or complex issues.

Committees and Subcommittees in Action

  • Committees and subcommittees play a crucial role in the legislative process, holding hearings, gathering information, and making amendments through markup sessions.
  • The decline in congressional hearings and reliance on interest groups for analysis and information mark a shift in how Congress operates.

The Graveyard of Bills

  • Many bills die in committee due to neglect, changes rendering them unpassable, or outright rejection.
  • Discharge petitions in the House can attempt to bypass committee gridlock but are rarely successful.

Floor Consideration

House of Representatives

  • The House Rules Committee controls the debate, amendment, and voting procedures, significantly influencing a bill's passage.
  • The Committee of the Whole allows for more efficient consideration of legislation under different procedural rules.

Senate

  • Senators have more individual influence over legislative outcomes, with the Senate majority leader setting the agenda.
  • Tactics like holds and filibusters can delay or block legislation, requiring negotiations and sometimes leading to significant public attention or concessions.

Resolution of Differences between House and Senate Bills

  • Conference committees resolve differences between House and Senate versions of a bill, with a unified version then requiring approval from both chambers.
  • Reconciliation processes can adjust bills to align with budgetary goals.

Presidential Action

  • The President can sign a bill into law, veto it (with Congress able to override the veto with a two-thirds majority), or allow it to become law through inaction under specific conditions.

This overview highlights the complex and often arduous journey a bill undergoes from its introduction to potentially becoming law, with numerous checks, balances, and strategic considerations at play.

Congress and the Budget

Introduction to Federal Budgeting

  • The modern federal budgeting process was established by the Budget and Accounting Act of 1921 and further refined by the Congressional Budget and Impoundment Control Act of 1974.
  • The Office of Management and Budget (OMB) assists the President in setting national spending priorities.

Setting the Federal Budget

Step 1: The President’s Proposed Budget

  • The President submits a proposed budget to Congress in February, starting the formal budgeting process for the fiscal year beginning in October.
  • The proposal influences discretionary and mandatory spending, including entitlement programs like Social Security and Medicare.

Step 2: Congressional Action

  • Congress responds with a budget resolution and detailed appropriations, influenced by recommendations from the Congressional Budget Office (CBO).
  • The appropriations process determines specific spending allocations for various federal departments and agencies.

Taxation, Deficits, and Debts

  • Federal taxation funds government spending, with the possibility of running budget surpluses or deficits.
  • Persistent budget deficits have led to an increasing national debt, challenging future fiscal stability.

Congress and Public Policy: Social Insurance

Social Security

  • Established by the Social Security Act of 1935, it provides retirement, disability, and survivorship benefits.
  • Funded by payroll taxes, it operates as an entitlement program, facing sustainability challenges due to demographic shifts and longer life expectancies.

Financial Challenges and Solutions

  • The ratio of workers to beneficiaries is decreasing, stressing the system.
  • Solutions include adjusting benefits, increasing taxes, or allowing private investment options, each with significant political implications.

Congress and the Budget

Introduction to Federal Budgeting

  • The modern federal budgeting process was established by the Budget and Accounting Act of 1921 and further refined by the Congressional Budget and Impoundment Control Act of 1974.
  • The Office of Management and Budget (OMB) assists the President in setting national spending priorities.

Setting the Federal Budget

Step 1: The President’s Proposed Budget

  • The President submits a proposed budget to Congress in February, starting the formal budgeting process for the fiscal year beginning in October.
  • The proposal influences discretionary and mandatory spending, including entitlement programs like Social Security and Medicare.

Step 2: Congressional Action

  • Congress responds with a budget resolution and detailed appropriations, influenced by recommendations from the Congressional Budget Office (CBO).
  • The appropriations process determines specific spending allocations for various federal departments and agencies.

Taxation, Deficits, and Debts

  • Federal taxation funds government spending, with the possibility of running budget surpluses or deficits.
  • Persistent budget deficits have led to an increasing national debt, challenging future fiscal stability.

Congress and Public Policy: Social Insurance

Social Security

  • Established by the Social Security Act of 1935, it provides retirement, disability, and survivorship benefits.
  • Funded by payroll taxes, it operates as an entitlement program, facing sustainability challenges due to demographic shifts and longer life expectancies.

Financial Challenges and Solutions

  • The ratio of workers to beneficiaries is decreasing, stressing the system.
  • Solutions include adjusting benefits, increasing taxes, or allowing private investment options, each with significant political implications.

Challenges of Representation in Congress

Constituent Expectations and Representation

  • Voters elect representatives who may not always align perfectly with their policy preferences, identities, or interests.
  • Effective representation requires balancing time in Washington with staying connected to constituents back home.

Legislative Process and Constituent Oversight

  • Legislators engage in numerous less visible activities like committee work and negotiation, complicating constituent oversight.
  • Voting decisions are influenced by constituents, political party affiliations, expertise of colleagues, staff input, interest groups, and campaign donors.

Roles of Members of Congress

Delegate Role

  • Emphasizes following constituents' wishes directly.

Trustee Role

  • Focuses on using personal judgment and expertise to make decisions.

Politico Role

  • Balances constituent desires with party interests and political strategy.

Challenges in Communication and Information

  • Constituents often lack detailed information or coherent policy preferences, making it difficult to hold representatives accountable.
  • Interest groups and campaigns can highlight issues, but the unequal distribution of information can skew representation.

Partisanship and Polarization

  • Increasing partisanship and polarization in Congress hinder bipartisanship and legislative efficiency.
  • Gridlock and divided government further complicate legislative action and can block presidential initiatives.

Descriptive vs. Substantive Representation

Descriptive Representation

  • Focuses on electing representatives who physically or demographically mirror the electorate.
  • Despite improvements, Congress remains less diverse than the general population.

Substantive Representation

  • Concerns the actions and decisions made by representatives that reflect the interests and policy preferences of their constituents.
  • Involves bringing underrepresented issues to the forefront and expanding Congress's legislative agenda.