The Senate and the House of Representatives

Congress: The Senate and the House of Representatives

• The structure and operation of the legislative branch reflect the republican ideal in the U.S.
• The Senate is designed to represent states equally
• The House of Representatives is designed to represent the population
• Different chamber sizes and constituencies influence the formality of debate
• Coalitions in Congress are affected by term-length differences
• Coalitions are groups of Representatives who come together to pursue shared goals and are called caucuses, study groups, task forces, or working groups
• The enumerated and implied powers in the Constitution allow Congress to create public policy, including passing a federal budget, raising revenue, coining money, declaring war, maintaining armed forces, and enacting legislation on economic, environmental, and social issues.

Senate Structure

• Two senators per state, totaling 100
• Represents the states equally
• Senators are elected by the entire state
• Senators serve six-year terms
• The Senate is more of a 'continuous' body, with only 1/3 of senators replaced every two years
• Approves appointments with a majority vote
• Approves treaties with a 2/3 vote
• Acts as a jury in impeachment trials with a 2/3 vote
• Debate is nearly unlimited, with all members having the opportunity to influence legislation
• There are no rules for how long a senator can speak or in what order
• Senators can use extended debate and other maneuvers to delay floor action, known as a "filibuster"

House of Representatives Structure

• Based on population, with 435 members
• Represents the population
• Representatives are elected from the district they were voted from
• Representatives serve two-year terms
• Every two years, the entire House is elected
• Originates money bills
• Brings impeachment charges with a majority vote
• Debate time is restricted, and debates are limited

Structures, Powers, and Functions of Congress

• The structures, powers, and functions of both houses of Congress affect the policy-making process
• Though both chambers rely on committees to conduct hearings and debate bills under consideration, different constitutional responsibilities of the House and Senate affect the policy-making process

Chamber-Specific Procedures, Rules, and Roles

• Roles of Speaker of the House, President of the Senate, party leadership, and committee leadership in both chambers impact the policy-making process
• The Speaker of the House is the elected leader who exerts great control, oversees the calendar, and influences the House Rules Committee
• The Senate does not have a position similar to Speaker; the majority and minority leaders work together to determine the schedule
• The President of the Senate is the Vice President, who is the tie-breaking vote

Filibuster and Cloture

• The Senate tradition of unlimited debate has allowed for the use of the filibuster, which is designed to prolong debate and delay or prevent a vote
• Prior to 1917, Senate rules did not provide for ending debate and forcing a vote
• In 1917, the Senate adopted a rule to allow a two-thirds majority to end a filibuster, known as "cloture"
• In 1975, the Senate reduced the number of votes required for cloture from two-thirds to three-fifths of all senators, or 60 of the 100-member Senate

Holds and Unanimous Consent in the Senate

• A "hold" is an informal practice where a senator informs Senate leadership that they do not want a particular measure or nomination to reach the floor
• "Unanimous consent" refers to agreement on any question or matter before the Senate that sets aside a rule of procedure to expedite proceedings
• Many requests for unanimous consent are routine, but if any senator objects, the request is rejected
• The House Rules Committee considers all bills reported from policy and fiscal committees and determines whether, and in what order, to schedule their consideration on the floor
• The Rules Committee reviews, adopts, and schedules consideration of floor resolutions
• The Committee of the Whole is a committee of the House composed of every Representative that meets in the House chamber and is designed to allow greater participation in floor consideration of measures
• Discharge petition: a means of bringing a bill out of committee and to the floor for consideration without a report from the committee, giving more power to individual members of the House and removing some power from the leadership and committee chairs

Treaty Ratification and Confirmation Role of the U.S. Senate

• Treaty ratification requires a 2/3 vote of the U.S. Senate
• Confirmation of appointments requires a majority vote of the U.S. Senate
• Congress must generate a budget that addresses discretionary and mandatory spending
• As entitlement costs grow, discretionary spending opportunities will decrease unless tax revenues increase or the budget deficit increases
• Pork-barrel legislation is spending intended to benefit constituents of a politician in return for political support
• Logrolling is a political process where politicians trade support for one issue or piece of legislation in exchange for another politician's support
• Logrolling occurs when a provision unrelated to the core of a bill and not itself capable of obtaining majority support is tied to a popular bill having majority support

Congressional Behavior

• Congressional behavior and governing effectiveness are influenced by election processes, partisanship, and divided government
• Ideological divisions within Congress can lead to gridlock or create the need for negotiation and compromise
• Gerrymandering, redistricting, and unequal representation of constituencies have been partially addressed by the Supreme Court decision in Baker v. Carr (1962)
• Baker v. Carr (1962) opened the door to equal protection challenges to redistricting and started the “one person, one vote” doctrine, and no-racial-gerrymandering decision in Shaw v. Reno (1993)
• Baker v. Carr (1962) held that federal courts could hear cases alleging that a state's drawing of electoral boundaries, i.e. redistricting, violates the Equal Protection Clause of the Fourteenth Amendment of the Constitution
• Shaw v. Reno (1993) held that the redistricting of North Carolina was evidence of an attempt to separate voters based on race, which is unconstitutional Elections that have led to a divided government, including partisan votes against presidential initiatives and congressional refusal to confirm appointments of “lame-duck” presidents of the opposite party have an impact on congressional behavior
• Different role conceptions of “trustee,” “delegate,” and “politico” are related to constituent accountability in each chamber
• Trustee: an elected official will ultimately rely on their own judgement when making decisions;constituents elect their representatives as 'trustees' for their constituency
• Delegate: elected officials view themselves only as a mirror of their constituents
• Politico: the elected official will follow the trustee model until their constituents push them towards the delegate model on certain issue

Roles and Powers of the President

• The presidency has been enhanced beyond its expressed constitutional powers, allowing the president to implement a policy agenda
• Presidents use powers and perform functions of the office to accomplish a policy agenda Formal and informal powers of the president:
• Vetoes and pocket vetoes are formal powers that enable the president to check Congress
• Foreign policy both formal (commander-in-chief and treaties) and informal (executive agreements) powers influencing relations with foreign nations
• Bargaining and persuasion: an informal power enabling the president to secure congressional action
• Executive orders are implied from the president's vested “executive power”
• Executive orders allow the president to manage the federal government
• Signing statements are an informal power that informs Congress and the public of the president's interpretation of laws passed by Congress and signed by the president

Checks on the Presidency

• The president's agenda can create tension and frequent confrontations with Congress
• The potential for conflict with the Senate depends upon the type of executive branch appointments, including Cabinet members, Ambassadors, and White House staff
• Senate confirmation is an important check on appointment powers, but the president's longest lasting influence lies in life-tenured judicial appointments
• Senate confirms executive appointments with a majority vote
• "life-termed judicial appointments” refers to the confirmation of justices, who serve for life
• Policy initiatives and executive orders promoted by the president often lead to conflict with the congressional agenda
• Policy initiatives: A policy is a set of ideas or plans that is used as a basis for making decision Executive orders: Do not require any action from Congress and hold the weight of a law

Expansion of Presidential Power

• Presidents have interpreted and justified their use of formal and informal powers
• Justifications for a single executive are set forth in Federalist No. 70
• Federalist No. 70: an essay written by Alexander Hamilton arguing for a single, robust executive provided for in the United States Constitution
• Term-of-office and constitutional-power restrictions, including the passage of the Twenty-Second Amendment, demonstrate changing presidential roles
• 22nd Amendment: passed in 1951, limits the president to two terms
• Different perspectives on the presidential role, ranging from a limited to a more expansive interpretation and use of power, continue to be debated in the context of contemporary events

Presidential Communication

• Modern technology, social media, and rapid response to political issues, and Nationally broadcast State of the Union messages change the president's relationship with the national constituency and the other branches
• Nationally broadcast State of the Union messages and the president's bully pulpit are used as tools for agenda setting
• Bully-pulpit: term was coined by President Theodore Roosevelt, who referred to his office as a terrific platform from which to advocate an agenda

The Judicial Branch

• The design of the judicial branch protects the Supreme Court's independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice
• Judicial Review: the power of the judicial branch to review and potentially invalidate laws and actions of the legislative and executive branches if they are deemed to be unconstitutional, checks the power of other institutions and state governments
• The foundation for powers of the judicial branch and its independence checks the power of other institutions and state governments are set forth in Article III of the Constitution and Federalist No. 78
• Article III of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court
• Federalist No. 78 emphasizes the importance of an independent judiciary and the power of judicial review
• Marbury v. Madison (1803) is a Supreme Court case that established the principle of judicial review in the United States

Legitimacy of The Judicial Branch

• Precedents and stare decisis play an important role in judicial decision making
• A Supreme Court precedent refers to decided case that furnishes a basis for determining later cases involving similar facts or issues
• Stare decisis is the doctrine that courts will adhere to precedent in making their decisions
• Ideological changes in the composition of the Supreme Court due to presidential appointments have led to the Court's establishing new or rejecting existing precedents

The Court in Action

• Controversial or unpopular court decisions can lead to challenges to the court's legitimacy and power
• Congress and the president can address these concerns through future appointments, legislation changing the Court's jurisdiction, or refusing to implement decisions
• If the Supreme Court's decisions are controversial or unpopular, challenges to the ruling can be done through future appointments, legislation, or refusing to implement decisions

Checks on the Judicial Branch

• Ongoing debate over judicial activism versus judicial restraint is illustrated by Political discussion about the Supreme Court's power
• Judicial activism is the assertion of the power of judicial review to set aside government acts
• Judicial restraint is the refusal to strike down such acts, leaving the issue to ordinary politics
• Restrictions on the Supreme Court are represented by Congressional legislation, Constitutional amendments, Judicial appointments, The president and states evading actions, and Legislation impacting court jurisdiction

The Bureaucracy

• The federal bureaucracy implements federal policies
• Federal bureaucracy refers to cabinet departments, independent executive agencies, independent regulatory agencies, and government organizations
• The federal bureaucracy makes regulations through an administrative process known as rule making
• The power given to an agency to make decisions about the implementation of existing laws is discretionary authority
• An agency's power to create rules and regulations that govern the behavior of individuals and organizations is rule-making authority
• Discretionary and rule-making authority to implement policy are given to bureaucratic agencies (DHS, DOT, VA, ED, EPA, FEC, SEC)
• The bureaucracy carries out the responsibilities of the federal government
• Tasks performed by departments, agencies, commissions, and government corporations are writing and enforcing regulations, issuing fines, testifying before Congress, and working through issue networks and “iron triangles"

Issue Networks and Iron Triangles

• Issue networks are alliances of various interest groups and individuals who unite in order to promote a common cause or agenda
• Iron triangle comprises the policy-making relationship among the congressional committees, the bureaucracy, and interest groups
• Political patronage, civil service, and merit system reforms all impact the effectiveness of the bureaucracy by promoting professionalism, specialization, and neutrality
• Political patronage: a practice in which a political party gives government jobs to its supporters, friends, and relatives as a reward and incentive
• Civil service: the body of government officials who are employed in civil occupations that are neither political nor judicial
• Merit system: offices are awarded on the basis of some measure of merit, independent of political activity

Holding the Bureaucracy Accountable

• Congress uses its oversight power in its relationship with the executive branch
• Oversight and methods used by Congress to ensure that legislation is implemented include committee hearings & the power of the purse
• To curtail the use of presidential power, congressional oversight serves as a check of executive authorization and appropriation
• Presidential ideology, authority, and influence affect how executive branch agencies carry out the goals of the administration
• Compliance monitoring can pose a challenge to policy implementation
• Governmental accountability of the bureaucracy is given to agencies of the branches
• The formal and informal powers of Congress, the president, and the courts over the bureaucracy are used to maintain its accountability