How Congress Works: Structure and Legislation

• The purpose is to write notes suitable for a student, on what Congress does, how a bill becomes a law, committee systems, and the differences between the House and the Senate.

Intentions of Founders

• There was a fear of excessive power being concentrated in a single institution.
• They feared mob rule by an impassioned majority.
• There were concerns about the manner of representation in Congress.
• The founders believed that Congress would be the dominant branch of government.
• The solution was to create a bicameral legislature.
• The mob rule concern was addressed by creating an "upper house."
• Senators would be elected by state legislatures rather than the people.
• This upper house would check the passions of the people's representatives in the House.
• The representation concern was settled by a Senate with equal representation and a House with representation based upon population.

Bicameralism

• Bicameralism is a two-house legislature.

The purpose of bicameralism:

• To protect against an overly powerful legislature.
• The House of Representatives was expected to reflect the popular will of the average citizen.
• The Senate was to provide more stability, continuity, and in-depth deliberation.
• It acts as a moderating effect on partisanship.
• It prevents the government from steamrolling ahead and infringing on people's rights.
• It was part of the Connecticut (Great) Compromise at the Constitutional Convention.

Consequences of a bicameral legislature:

• Gridlock, as it's designed to be slowed down.
• It forces compromise between houses, especially if controlled by different parties.
• It provides an additional check and balance.

Congress Advantages

• Members enjoy certain privileges.
• Franking privilege allows free postage to mail information to constituents.
• This helps with name recognition.
• Staffers are hired by members to assist their work both in DC and "back home."
• Patronage is a key inducement used by political machines.
• It involves giving jobs, promotions, or contracts for political reasons rather than merit/competence.
• Casework (constituency service) involves legislative work on behalf of individual constituents.
• It helps solve their problems with government agencies/programs.
• Money, is especially received from PACs.

Congressional Structure and Powers:

• Mike Johnson (R) is the Speaker of the House.
• John Thune (R) is the Senate Majority Leader.
• John Barasso (R) is the Majority Whip.
• Tom Emmer (R) is the Majority Whip.
• Hakeem Jeffries (D) is the Minority Leader of the House.
• Katherine Clark (D) is the House Minority Whip.
• Chuck Schumer (D) is the Minority Leader.
• Richard Durban (D) is the Minority Whip.

Powers of Congress:

• Implied powers are suggested but not expressed in the Constitution.
• They are based upon the elastic clause (necessary and proper clause).
• They must come from expressed power.
• Examples of implied powers are creating a national bank, conscription, paper money, air force, and the CIA.
• Strict constructionist approaches differ from loose constructionist approaches on these powers.
• Inherent powers are powers the national government has simply by virtue of being a sovereign government.
• Examples of inherent powers include regulating immigration, acquiring territory, and granting diplomatic recognition.
• Senate ratifies treaties with a 2/3 vote as an Institutional Power
• The Senate approves presidential appointments with a majority vote.
• House votes for impeachment with a majority vote.
• The Senate tries impeachment cases with a 2/3 vote needed to convict.
• The President, VP, and "all civil officers of the United States" are subject to impeachment.
• House elects the President if there is no electoral majority.
• Senate elects the V.P. if there is no electoral majority.
• A proposal of constitutional amendments requires a 2/3 vote in both houses.

House of Representatives

• The Speaker of the House presides over the House and is always from the majority party.
• They appoints select and conference committees.
• They appoints Rules Committee members and its chairman.
• They assigns bills to committees.
• The Speaker is third in line for the presidency after the V.P.
• They have informal powers through access to the media.
• They influence the agenda of the House.
• The Majority Leader/Minority Leader positions are partisan chosen by party members.
• They are floor leaders and legislative strategists.
• The Majority/Minority Whip positions are assistant floor leaders.
• They inform party leaders on the "mood" of the House.
• They keep a nose count on important votes.
• They persuade party members to vote with the party.
• They act as a liaison between party leadership and rank and file membership.

The Senate

• The President of the Senate is the Vice President of the U.S.
• The President of the Senate presides over the Senate.
• The President of the Senate only votes in case of ties.
• It is largely a ceremonial job.
• The President Pro Tempore has a ceremonial job.
• The President Pro Tempore presides in the absence of the V.P.
• They are fourth in line for presidency.
• The Majority Leader is the true leader in the Senate.
• They are recognized first for all debates with power to filibuster.
• This gives Majority Leader strong influence on bills.
• The Majority Leader is the true leader of majority party.
• They influence committee assignments of senators.
• They influence the Senate agenda, along with Minority Leader.
• They have informal powers through use of media.
• Minority Leader and Party Whips are the Same as House

The Committee System:

• The real work of Congress is done in committees and subcommittees, not on the floor of the House or Senate.
• In the House if a bill even reaches the floor, it must first pass through a committee.
• Unless the committee has resisted "reporting out" the bill and the House votes to "discharge" it onto the floor for consideration by the full body.
• Senate committees lack the power to prevent bills from reaching the floor.
• Committee functions include analyzing legislation.
• They conduct investigations of the executive branch on an as-needed basis.
• They conduct oversight of executive branch agencies on an ongoing basis.

Selection of Committee Memebers

• It's important to get on the right committee as a member.
• It ensures you can best serve your constituents.
• It improves your chances of reelction.
• Members are assigned to committees by either the Committee on Committees or the Steering the Policy Committee.
• Whichever party has a majority in the house will have a majority on each committee.
• The Committee chairman is of the majority party.
• The “ranking member” is the most senior member of minority party on a committee.
• The power of chairmen is substantial over setting committee agenda.
• Chairmen also make the hiring staff, membership on subcommittees, jurisdiction of subcommittees
• Chairmen are selected by secret ballot in party caucuses or conferences (of party leaders) at the beginning of the term.
• Chair appointments follow the seniority system, and is the more senior person on "THAT COMMITTEE chosen chairman.
• Some advantages of the seniority system include: experience, stabiligy, expertise, reduces infighting among those who would be rivals -
• Some disaadvantages of the seniority system include: Increases influence of 1 party states, decreases Influence of Competitive States

Important Standing Committees

• Standing committees are the permanent committees of Congress.

House committees:

• Rules: Most powerful of all, setting legislative calendar and establish "rules" for debate and amendments.
• Ways and Means: deals with tax bills.
• Appropriations: deals with spending bills and Authorization, which allows for money to be spent.
• Appropriation bill provides the actual funding for the program.
• Earmarks are special projects set aside by members to benefit home districts or states.
• Budget
• Armed Services

Committee Influence:

• A discharge petition (in the House of Reps) can be used when a bill is bottled up in committee.
• This is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee.
• It is typically done without cooperation of the leadership.
• It requires a simple majority of the House.
• Discharge petitions are rarely ever used.
• The House Rules Committee serves a "traffic cop" function.
• It issues open rules that allows amendments to a bill or closed rule that prohibits such amendments (especially on tax bills).
• It establishes rules on floor debate.

Senate Committees

• Finance deals with tax bills.
• Appropriations deals with spending bills
• Budget
• Foreign Relations is highly prestigious due to Treaty Ratification, and Ambassdor confirmation provisions in the constitution
• The senate has a larger role in foreign affairs than the House.
• Judiciary screens judicial nominees, where there is often a careful scrutinity

Conference committees

• Conference committees are temporary committees comprised of members from both houses.
• They develop compromise language on a bill when House and Senate versions differ (about 10% of the time).
• After the conference committee sends the bill back to each house, no amendments are allowed.
• The bill generally passes after being in front of the committees.
• Their power is such that they are often called the "third house of Congress."

Other Types of Committees

• Select: for a house appointed limited temporary purpose, such as, to study an issue or to conduct an investigation.
• Joint: composed of members from both houses for similar temporary purposes.

How a Bill Becomes Law: Floor Action

• Only the Senate can filibuster with non stop debate to kill the bill
• Threat of a filibuster is almost as good as a filibuster itself
• A filibuster can be ended by 3/5 vote of cloture.
• Senate allows non-germane amendments resulting in "Christmas tree" bills.
• The Senate uses the "unanimous consent agreement."
• The majority and minority leaders (in advance) set the details of how a bill will be considered.
• It dictates how long it will debate each amendment.
• It decides whether all amendments must be germane (relevant) to the bill's subject matter.
• It sets when the final vote will be taken via Unanimous Consent
• A single senator's objection can stop a unanimous consent agreement.
• Only the Senate allows any member to place a hold on a bill or presidential nomination.
• Not included int he Constitution, its another Example of senate tradition
• Senate Hold is a temporary delay so that a senator could have more time to consider a bill.
• A senator who was going to be absent when a bill was considered can be considered to have used this
• To exercise the hold, a senator informs the floor leader that he/she does not want the bill to be considered
• There's an implied threat of a filibuster & there is need for “unanimous consent” for the Senate to proceed on business
• Use has been expanded in the 90’s as a tactic to kill bills and esp. judicial nominations.
• Holds can be placed anonymously