Congress within America | Study notes Local Government Studies

Ch 6: Congress

CONGRESS IN THE

CONSTITUTION

Powers of Congress

Electoral System

Congressional Districts

- structure of Congress resulted from Great Compromise at Constitutional Convention

- compromise balanced interests of large states for national representation and small

states for states' rights protection

- Congress consists of two houses: House of Representatives and Senate

- House is based on population, with members elected by citizens

- Senate has two members from each state, chosen by state legislatures

- bicameralism addressed concerns about popular influence on government

- representatives in House are elected every two years w/broad suffrage and short tenure

- Senators are less influenced by popular shifts, with 6-yr term and staggered elections

- Senate's stability counters House's popular and radical nature

- Senate also preserves state sovereignty in national gov → more "mature" chamber

- representatives must be 25 years old, citizens for seven years, and reside in state

- Senators must be 30 years old, citizens for nine years, and reside in state

- Constitution rejected property and religious qualifications and term limits for members

- Articles of Confederation had a term limit, but Framers deemed it detrimental

- Constitution grants Congress broad power over economic matters, including taxation,

coinage, borrowing money, commerce regulation, and spending for common defense and

general welfare.

- necessary and proper clause (elastic clause) extends Congress's authority, making it a

significant grant of power

- in foreign affairs, only Congress can declare war, raise and finance military, and call

state militias for specific purposes

- Senate plays crucial role in foreign relations by ratifying treaties and confirming

presidential appointments, including ambassadors

- Senate's constitutional check on appointments has been challenged in practice through

tactics → installing acting officials without Senate consent

- distribution of power between House and Senate was carefully balanced, particularly

regarding raising and spending money

- Congress has various legislative powers → president can recommend new laws and

veto legislation, subject to a two-thirds override by Congress

- Congress has increasingly used legal system to defend its constitutional rights →

especially after Watergate scandal

- House created general counsel office to file lawsuits against executive branch, which

has been used in different administrations to compel disclosures and defend subpoenas

- House filed numerous lawsuits in 2019 against Trump administration in response to

disputes over subpoenas and witness testimony

- Framers made two key choices regarding U.S. electoral system:

1. members of Congress and presidents are elected separately, unlike in parliamentary

systems where legislature chooses chief executive

2. members of Congress are elected through plurality vote system, where candidate with

the most votes wins (not proportional representation)

- in U.S., voters have separate choices for senators, representatives, and president

- in plurality vote systems, candidates need local connections and compete individually,

party leaders have less control over candidates

- major-party nominees are primary contenders in congressional elections, with primary

elections being primary method for selecting nominees

- candidates in U.S. receive party's nomination directly from voters through primary

elections, not from party activists or leaders

- some states elected representatives statewide or required absolute majority of votes,

leading to runoff elections in cases where no candidate received majority

- after first census in 1790, each state was allocated one House seat for every 33,000

inhabitants, totaling 105 seats

- House of Representatives continued to grow with population increases and new states

joining until it reached current limit of 435 seats in 1911

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Ch 6: Congress CONGRESS IN THE CONSTITUTION Powers of Congress Electoral System Congressional Districts

structure of Congress resulted from Great Compromise at Constitutional Convention
compromise balanced interests of large states for national representation and small states for states' rights protection
Congress consists of two houses: House of Representatives and Senate
House is based on population, with members elected by citizens
Senate has two members from each state, chosen by state legislatures
bicameralism addressed concerns about popular influence on government
representatives in House are elected every two years w/broad suffrage and short tenure
Senators are less influenced by popular shifts, with 6-yr term and staggered elections
Senate's stability counters House's popular and radical nature
Senate also preserves state sovereignty in national gov → more "mature" chamber
representatives must be 25 years old, citizens for seven years, and reside in state
Senators must be 30 years old, citizens for nine years, and reside in state
Constitution rejected property and religious qualifications and term limits for members
Articles of Confederation had a term limit, but Framers deemed it detrimental
Constitution grants Congress broad power over economic matters, including taxation, coinage, borrowing money, commerce regulation, and spending for common defense and general welfare.
necessary and proper clause (elastic clause) extends Congress's authority, making it a significant grant of power
in foreign affairs, only Congress can declare war, raise and finance military, and call state militias for specific purposes
Senate plays crucial role in foreign relations by ratifying treaties and confirming presidential appointments, including ambassadors
Senate's constitutional check on appointments has been challenged in practice through tactics → installing acting officials without Senate consent
distribution of power between House and Senate was carefully balanced, particularly regarding raising and spending money
Congress has various legislative powers → president can recommend new laws and veto legislation, subject to a two-thirds override by Congress
Congress has increasingly used legal system to defend its constitutional rights → especially after Watergate scandal
House created general counsel office to file lawsuits against executive branch, which has been used in different administrations to compel disclosures and defend subpoenas
House filed numerous lawsuits in 2019 against Trump administration in response to disputes over subpoenas and witness testimony
Framers made two key choices regarding U.S. electoral system:
1. members of Congress and presidents are elected separately, unlike in parliamentary systems where legislature chooses chief executive
2. members of Congress are elected through plurality vote system, where candidate with the most votes wins (not proportional representation)
in U.S., voters have separate choices for senators, representatives, and president
in plurality vote systems, candidates need local connections and compete individually, party leaders have less control over candidates
major-party nominees are primary contenders in congressional elections, with primary elections being primary method for selecting nominees
candidates in U.S. receive party's nomination directly from voters through primary elections, not from party activists or leaders
some states elected representatives statewide or required absolute majority of votes, leading to runoff elections in cases where no candidate received majority
after first census in 1790, each state was allocated one House seat for every 33, inhabitants, totaling 105 seats
House of Representatives continued to grow with population increases and new states joining until it reached current limit of 435 seats in 1911

Unequal Representation in the Senate

since 1911, states have periodically gained or lost seats in House based on population shifts during each census (every ten yrs)
federal law determines how House seats are apportioned among states, but each state has authority to draw own district lines
in 1964 case of Wesberry v. Sanders → SupCo ruled that districts must have equal populations
Thornburg v. Gingles (1986): SupCo established that district lines should not dilute minority representation, nor should they be drawn based on race
partisan gerrymandering is common practice where party in power manipulates districts to favor its candidates, involves shaping legislative districts to benefit particular party and can result in oddly shaped districts
challenges to constitutionality of partisan gerrymandering have had limited success in court
SupCo's 2019 Rucho v. Common Cause decision made it difficult for federal courts to intervene in partisan gerrymandering cases → non-justiciable
state courts still have authority to address partisan gerrymandering cases - racial gerrymandering
- 1986 Gingles decision by SupCo mandated that legislative district lines must not discriminate against racial and ethnic minorities → creation of irregular districts where minority voters could elect representatives
- in 1993, SupCo ruled that irregular districts went too far → in 1995, stated that districts cannot be drawn to benefit one race, even if faced past discrimination
- Shelby County v. Holder (2013): struck down key provision of Voting Rights Act of 1965 arguing that Voting Rights Act was outdated → required certain states to seek preclearance for changes to voting laws, resulted in removal of federal oversight of election laws in states previously covered by preclearance
fifty Senate constituencies in US → do not change boundaries with each census, but vary greatly in population size
Senator Mike Enzi (Republican from Wyoming) has fewer constituents (574,000) than the average U.S. representative (750,000)
9 largest states (51% of U.S. population) have same number of Senate seats as smallest 26 states (18% of population)
unequal Senate representation tends to favor Republicans CONGRESS AND ELECTORAL POLITICS Candidate-Centered versus Party-Centered Electoral Politics
modern Congress is oriented towards serving interests of members
key objective for most members is to secure re-election to maintain positions
winning endorsement of voters is crucial for members to keep their jobs
reelection is not sole goal → but is fundamental for achieving other objectives in office
serving in majority party enhances prospects of successful congressional career.
victory for one's political party is major goal for members
electoral considerations influence all significant aspects of congressional activities
electoral landscape for members of Congress has evolved over time, shifting between party-centered and candidate-centered systems
in 19th century, elections were predominantly party-centered, with party-line voting and voters following national trends and party platforms
changes in election laws and introduction of primary elections led to weakened parties and increased ticket-splitting
national issues (New Deal) continued to influence congressional elections until 1950s
as party loyalty declined, candidate-centered electoral process emerged, emphasizing individual characteristics, legislative performance, and constituency services
Congress members began focusing on building personal followings and received increased resources for servicing districts
candidates increasingly won in districts favoring party's candidates, rather than those consistently voting for one party
ability of congressional candidates to win in areas where party's presidential candidate lost decreased over time
congressional elections have become more nationalized, with strong correlations

harassment BASIC PROBLEMS OF LEGISLATIVE ORGANIZATION Need for Information Coordination Problems Resolving Conflicts Collective Action Transaction Costs

Constitution provided foundational framework for national legislature
House and Senate have evolved into complex institutions with intricate rules, procedures, and customs, driven by response to diverse needs members
delegates at CC created national legislature, but it was up to Congress members to transform words into functioning institution
Congress needed to address fundamental challenges → acquiring information, coordinating action, resolving conflicts, and motivating members to work for both individual and common objectives
effective legislation depends on quality of knowledge underlying creation
US has become increasingly complex in social, economic, and technological aspects → greater informational demands on Congress
Congress has responded to demands through division of labor and specialization
division of labor has given rise to committee and subcommittee systems, large personal and committee staffs, and specialized research agencies within Congress
specialists enable Congress members to make better-informed decisions
specialization can lead to greater efficiency, but may also result in specialists dominating policymaking in specific topics, limiting inclusion of broader viewpoints from others
efficiencies gained through specialization come at cost of reduced participation in policymaking outside one's area of expertise
as volume and complexity of Congress's work have increased, effective coordination have become crucial for legislative process
coordination problems in Congress are addressed by granting certain members authority to serve as "traffic cops" → responsible for directing legislative traffic, dividing tasks, and scheduling debates and votes
party leaders fulfill role of coordination and traffic management
party leaders in Congress hold significant influence over legislative agenda, and members often yield some of power to party leaders in exchange for increased efficiency gained through delegation of agenda control
legislation cannot pass until majorities in both houses agree on passage
Congress frequently deals with conflicts → reconciling competing ideas for reform or addressing fundamental disagreements between political parties (ex: health care policy)
when representatives speak on House floor, officially address concerns to Speaker → no personal confrontations
Congress members delegate task of building legislative coalitions to party leaders
individual members may have to sacrifice some power to party → can’t always prioritize personal interests over party interests
members of House and Senate aspire to belong to well-informed, effective legislature that can fulfill constitutional duties, run under party labels and are concerned about party's reputation
members have personal interests, including winning reelection, pleasing constituents and campaign contributors, advancing pet policies, and gaining influence and respect -challenge is actions taken by members to pursue their individual goals vs. maintaining ideological purity by avoiding compromise → may harm reputation of party
Congress has responded to dilemma by creating mechanisms like committee system → provides members with individual incentives to work toward collectively beneficial outcomes
members who invest in becoming well-informed about issues within committee's jurisdiction are rewarded with significant influence over policies in that topic
recent trends of centralization in congressional parties have weakened incentives for specialization → not to collective benefit of Congress
Congress faces challenge of high transaction costs (resources, time, effort, and bargaining required to negotiate agreements) → resolving conflicts, making compromises,

Time Pressures and exchanging favors

seniority rule: allocates first choice in committee chairs, offices, and committee assignments to majority-party members with longest service, reducing competition for positions
need to reduce transaction costs drives Congress to operate within structured framework of rules
rules are not politically neutral and can have political implications
Congress faces pressure to minimize unnecessary transaction costs
Congress's primary source of authority lies in power of the purse (controls government revenue raising and spending)
government shutdowns occurred 21 times due to difficulties in enacting budgets
legislation must pass through legislative process within two-year lifespan of a Congress
larger House faces organizational challenges more acutely than Senate → can have looser organization, retain more individual power, and maintain greater equality
House members must adhere to stricter rules of procedure and accept more control by leaders to address coordination problems effectively ORGANIZING CONGRESS The Parties
to maintain House and Senate as powerful legislative bodies intended by Constitution, members of Congress have developed mechanisms to overcome significant obstacles to effective collective action
two critical institutional structures have been created to exercise and preserve Congress's power in federal system → party system and committee system
systems play essential roles in shaping legislative process and facilitating cooperation among members of Congress
decisions in both House and Senate are typically made through majority votes
majorities not only pass bills but also determine rules, procedures, leadership, and organizational matters within chambers
strong incentives for members of Congress to form and maintain political parties, cooperating with others within party can provide individual members with significant benefits
political parties are formed when individuals recognize that cooperation serves best interests despite disagreements
party leaders play crucial role in assembling and maintaining party coalitions, resolving conflicts, coordinating actions, and encouraging cooperation among party members
members must be willing to sacrifice some power by conceding authority to party leaders - development of congressional parties
formation of political parties in US began during first session of First Congress (Democratic-Republicans vs. Federalists)
with emergence of political parties, congressional and party leadership became intertwined → House of Representatives established formal leadership more quickly and robustly than Senate because House faced more acute collective action problems due to larger size and workload
Speaker of the House (elected by the majority party) became leader and representative of majority → granted authority to appoint committees, set rules, and manage legislative process on behalf of majority party - speaker of the house
centralized authority within House of Representatives reached peak under Thomas Reed (Republican Speaker from Maine) → had extensive powers including appointing all committees and committee chairs, exercising control over floor debates, and imposing new rules to limit procedural delays by minority
authority was supported by Republican House majority
era of highly centralized leadership in House began to decline when Republican Speaker Joseph Cannon of Illinois offended progressive faction of Republican Party
shift was facilitated by growing number of career-oriented members who were willing to tolerate higher transaction costs in return for reduced conformity costs

committee members were initially appointed by Speaker → eventually rewards for party loyalty and bargaining tools in Speakership campaigns
Senate established 12 permanent committees in 1816 and 22 in 1841
Senate didn’t delegate legislative action to committees to same extent as House, never adopted seniority rule for committee chairs - types of committees
standing committees in Congress have fixed jurisdictions and stable memberships, promoting specialization among members
committee members enjoy job security and can expect to keep seats unless party faces significant electoral losses
party ratios on committees match ratios in House and Senate
committee members have opportunity to become experts in policy areas within committee's jurisdiction → gaining influence and chance to make real impact on national policy
money committees and key committees (Budget, Foreign Relations, Judiciary) are particularly sought after
internal administration of committees are less desirable by legislators - committee assignments
committee assignments are made by party committees → senior party leaders exerting control and party membership ratifying assignments
members seek committee assignments that align with constituent interests, policy objectives, and political goals
party leaders consider potential for committee assignments to help members win reelection, motivating responsiveness to members' preferences
committees and subcommittees promote specialization and provide members with staff support
subcommittee chairs gain significant influence and access to additional funding for districts
Congress also forms special committees and select committees to address specific problems - joint committees
permanent joint committees consist of members from House and Senate, with leadership rotating between chambers of each new Congress
joint committees are responsible for gathering information and overseeing executive agencies → do not report legislation (Library Committee and the Printing Committee)
conference committees are established to reconcile differences between House and Senate versions of bills during legislative process - committee power
revolt against Speaker Cannon in 1910 shifted committee control to committee chairs based on seniority, not party loyalty
by 1950s, powerful committee chairs held sway and could often defy party majorities, particularly on issues like civil rights
public reaction to Watergate scandal led to decentralized committee system
committee chairs' power waned as committee members and caucus gained control over committee rules, budgets, and chair nominations
Speaker's authority strengthened, complementing changes and enhancing party capacity for collective action
Republican majority in 1995 made revisions to committee rules to expedite legislative agenda, granting committee chairs greater control over subcommittees
term limits for committee chairs were introduced - jurisdiction
congressional committees face challenges in determining jurisdiction, leading to overlaps and disputes
House and Senate have adjusted committee systems due to challenges, reducing number of standing committees
Legislative Reorganization Act of 1946: reduced number of committees and rearranged jurisdictions to reduce overlap and align systems, achieved through consolidation (some former committees became subcommittees)

Congressional Staff and Support Groups

in 1995, Republicans made further committee changes → abolishing three standing committees
challenge of distributing committee jurisdictions lies in redistribution of power and upsetting established relationships
multiple referrals are used by party leaders to address issue of multiple jurisdictions (bills sent to several committees simultaneously or sequentially) - money committee
"power of the purse" has been source of contentious jurisdictional disputes in Congress
legislative spending is two-step process in each chamber → first step is authorizing expenditures for program, second step is Appropriations Committee appropriating funds
amounts authorized may not match appropriations → fiscal considerations play role
money committees (including Appropriations Committee) have role of protecting congressional majorities from excessive spending and fiscal irresponsibility - budget reform
early 1970s saw decline in ability of money committees to enforce collective fiscal responsibility
President Richard Nixon's confinement of funds authorized and appropriated by Congress challenged congressional power → led to Budget and Impoundment Control Act of 1974, aimed to reform Congress's budgetary process and subjected presidential impoundment authority to congressional control
budget committees were established in both chambers to oversee taxing and spending policies.
sharp partisan conflicts over budget priorities, tax cuts, and domestic spending led to deficits
economic challenges, tax cuts, increased spending on homeland security and wars, and 2007 recession led to deficits
budget process remained dominated by partisan politics, with rules guiding actions only when they aligned with congressional majorities' preferences
reconciliation bills (can’t be filibustered) are used strategically to pass contentious legislation (health care reform and tax cuts) → fitting into budgetary categories
Congress has expanded staff and relied on specialized research agencies to manage increasing workload
staff doubled between mid-1950s and the late 1970s, with most of growth in personal staff
personal staff assistants manage members' offices, draft bills, provide policy suggestions, handle casework for constituents, and engage with lobbyists
committee staffs play crucial role in legislative activities, organizing hearings, researching policy options, and negotiating on behalf of committee or party faction
reduction in House committee staff has raised concerns about congressional competence and relative strength compared to executive branch and lobbying industry
Congress benefits from specialized agencies → Government Accountability Office (GAO), Congressional Research Service (CRS), and Congressional Budget Office (CBO)
GAO: conducts audits, investigations, and policy analyses, often providing important factual analysis for congressional decisions
CRS: offers Congress access to team of skilled researchers and experts.
CBO: provides economic expertise for informed fiscal decisions, particularly important in conflicts with president's Office of Management and Budget
expert advisers within committee staff and support agencies help members access unbiased information and make informed decisions
support agencies are especially valuable to majority party in Congress when opposing party controls executive branch MAKING LAWS - Congress's rules and structures (parties and committee systems) are designed to facilitate enactment of laws by majorities
lawmaking process is heavily influenced by individual and collective (often partisan)

Scheduling Debate Debate and Amendment The Vote

successful legislation often involves coalition building during bill's development in subcommittees and committees
bills that lack solid support within committee, especially from majority-party members, have slim chances of success on House or Senate floor
committee work, including amendments, compromises, and deals → crucial for building strong support for bill
written report that accompanies bill reported out of committee is key source of information about legislation for members of Congress not on committee, government agencies, and courts
reports provide summaries of the bill's purposes, major provisions, and changes from existing law, as well as arguments for and against the bill.
in House, bills are placed on different calendars based on level of controversy or importance
noncontroversial bills are placed on Consent Calendar or Private Calendar for swift passage without debate
controversial or important bills are placed on Union Calendar or House Calendar, and Rules Committee specifies rules for debate and amendments
rules can be open (allowing amendments from floor), restricted (allowing only certain amendments), or closed (no amendments allowed)
majority-party leaders use restrictive rules to control floor agenda and protect members from embarrassing votes
in Senate → no rules limiting debate or amendments, but unanimous consent agreements are often negotiated to facilitate legislative process
filibustering has become more common in Senate, requiring 3/5 majority (60 votes) to invoke cloture (procedure for ending debate)
cloture rules were amended in 2013 for presidential nominations, but filibusters remain challenge for legislation
filibuster's future is uncertain, with pressure to end it due to its impact on policymaking and political goals, but opposition from some members who fear erosion of Senate traditions and practices
in House, debate time for bills is divided equally between proponents and opponents, with floor managers typically being committee or subcommittee chair and ranking member
amendments to bill must be germane to its purpose, and extraneous proposals (riders) are not allowed
debate on amendments is typically restricted to five minutes for each side
House often debates bills as Committee of Whole, allowing for less formal procedures, lower quorum requirement (100 members), and different member chosen by Speaker as presiding officer
floor debates are primarily for public consumption, shaping public perceptions, guiding administrators and courts, staking out partisan positions, and legitimizing policy
in Senate, floor action plays more significant role in shaping legislation because unanimous consent is required to limit debate
Senators have freedom to spend as much time as they want debating bill, and few conflicts are resolved in Senate committees or subcommittees
Senators often introduce amendments or complete alternatives to bills reported by committees, and these amendments do not need to be germane
unrestrained floor debate has historically been hallmark of Senate's individualistic and participatory ethos → now challenged by increased party conflict and influence of House veterans
members of Congress carefully consider political implications of votes on important → votes often involve series of decisions rather than single vote
"killer" amendments may be proposed to make bill unacceptable to majority
bills can be sent back to committee for modification or burial through motion to recommit
some members may attempt to straddle issue by voting for killer amendments or to recommit but then supporting bill on final passage
members decide how to vote based on own views, constituent opinions, advice from

Reconciling Differences To the President A Bias Against Action trusted colleagues, and pressure for party conformity

party leaders have become more influential due to heightened partisanship, but constituents and colleagues still hold significant sway
constituents' views matter the most because they directly impact members' careers, but views of party leaders, interest groups, and campaign contributors also influence decisions
president can occasionally influence votes by appealing to party loyalty or making deals with pivotal members
party leaders have limited influence at this stage, as primary role is to construct legislative packages that party members are comfortable supporting
high levels of party loyalty on roll-call votes are maintained by keeping party-splitting bills from reaching floor
voting process includes both voice votes and recorded roll-call votes in House and Senate, with members casting votes through machines or announcing them during roll call
recorded roll-call votes are typically taken if requested by certain number of members
when bill is passed by one chamber of Congress, it is sent to other chamber for consideration, unless other chamber has already passed similar version
if second chamber passes bill without changes, it is sent to president for approval
if there are differences between House and Senate versions, must be reconciled before bill can become law
reconciliation can involve one chamber accepting version of other or formation of a conference committee
conference committee consists of members from both chambers and both parties → aims to reconcile differences in bill
conference committees ideally should not add or subtract from legislation but focus on reconciliation
conference report, detailing agreed-upon bill, is considered privileged and can be voted on without going through usual scheduling process
if both chambers approve conference report, bill goes to the president; if differences cannot be reconciled, bill dies
use of conference committees has declined in recent years due to increased polarization, with party leaders using other mechanisms to control policymaking
party leader bias in forming conference committees has also contributed to decline in use
upon receiving bill from Congress, president has several options: sign bill into law, ignore bill (allowing it to become law after 10 days), or veto bill
if Congress adjourns before 10-day period is up, and president takes no action, bill fails through pocket veto
when president vetoes bill, typically send statement to Congress explaining reasons for doing so
Congress can override presidential veto with ⅔ vote in both House and Senate
overrides are rare because presidents often have enough party support to sustain veto, and avoid using veto when successful override seems possible
presidents frequently use threat of veto to influence legislative proposals and negotiate with Congress
veto is significant tool in president's toolkit to shape and control legislation
easier to stop bill in Congress than to get one passed
supporters of legislation must achieve multiple consecutive victories in various stages of legislative process
stages include subcommittee approval, committee approval, rules (in House), conference committee agreement, and floor votes in both chambers
proponents of bill must build and maintain multiple majority coalitions to succeed
opponents of bill only need to win once to prevent progress
legislative process imposes high transaction costs, making it challenging to enact significant changes and favoring preservation of status quo

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