November 28, 2011

Homework: - Hamilton Commentary Presentations Begin Thursday!

Connection Questions…

* How does each ‘institution’ check the others?

* How does each ‘institution’ affect the creation of policy?

* How does politics influence each institution?

Lee Hamilton’s Commentaries Presentations

* Former member of the House of Representatives, 1965-1999

* Recently:- Vice Chair of the 9/11 Commission

* Currently: - director of The Center on Congress at Indiana University- director of the Woodrow Wilson International Center for Scholars

The Job of a Congressmanby Lee Hamilton

Mr. Edwards Presenting

Article Summary* 4 Important Jobs of a Congressman:1. “Generalist”– Must be knowledgeable regarding a wide array of issues

2. “Advocate”—Bringing constituent concerns to Congress

3. “Educator & Communicator”—Explain complex issues to constituents & listen to people’s thoughts on the issues

4. “Ceremonial”—Receives many invitations to attend events in DC and back home

Article Vocabulary* Constituent: a member

of a group represented by an elected official

* Generalist: a person who has knowledge in a variety of areas

* Advocate (noun): one who pleads in another's behalf

* Consensus: a position reached by a group as a whole

My Thoughts on the Article* I would love to spend a day shadowing a Congressman to see just how many tasks they perform

* I think the most important function of a Congressman is to be an advocate for their constituents Representative Democracy in action

* Being a Congressman doesn’t leave much free time, but I think it would be very fulfilling

November 29, 2011Objective: Students will identify the many roles of a Congressperson in order to create haikus describing each of their many roles.

Warm Up:

1. Should Congress worry about having a low approval rating? Why/Why not?

Homework: - Work on your Hamilton Commentary Presentation!

Historical Perspective of Congress

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Why Was Congress Created?

– The founders feared that power in the hands of a single individual Centralization v. Decentralization • national legislative power is in the hands of a group– Congress was set up as a bicameral institution, with two chambers intended to serve different constituencies• The House = to be elected by ‘the people’– 435 members (# est. in 1911)• The Senate = to be selected by state legislatures– 17th Amendment changes this

Congressional Terms

A.Term of Congress lasts two years

B. Terms begin on Jan. 3 of every odd-numbered year

C. Terms numbered consecutively (111th from 2009-2011), 112th from 2011-2013

D. Adjournment: end of a term; date must be agreed upon by both houses- Two regular sessions per term- Periodic recesses (not to be confused w/adjournment)

Perks and Privileges* Franking allows Congresspersons to correspond often with constituents

* Great Schedule (satire) vs. another interpretation

* Permanent professional staffs

* Privileges and immunities under the law:

- The “speech or debate” clause

* Congressional caucuses are a source of support - Currently more than 200 caucuses exist

The Roles of Congress* Policymaker –make policy via laws

* Representative of constituents:- delegate: vote based on wishes of people- trustee: vote based on their own opinions

*What do you think should be the role of a Congressman?

* Committee Member serve on committees- real work happens here

* Politician/party member—work to support their political party and get reelected!

Today’s Assignment1. Create a haiku that creatively describes each

role of a Congressperson- Use the handouts from class to assist you in crafting a haiku

How to write a Haiku?*Must be 3 lines—each line has different

amount of syllables*1st Line: 5 syllables2nd Line: 7 syllables3rd Line: 5 syllables

Mr. Edwards’s Example

Role: Local Representation

public advocate community listener

Casework gets more votes

March/April 2012Objective: Students will identify identify the different characteristics of each legislative chamber in order to create a visual chart showcasing these differences.

Warm Up: 1. Place the Roles of Congress handout on your desk2. Be ready to present your haiku!

Homework: - Work on your Hamilton Commentary Presentation…presentations begin tomorrow!!

What is the viewpoint of this cartoonist?

The Structure of Congress: Comparing the House of Representatives

and the US Senate

Comparing the Senate vs. the House

George Washington is said to have told Thomas Jefferson that the

framers had created the Senate to "cool" House legislation just as a saucer was used to cool hot tea.

Describe the meaning of this statement.

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Comparing the House & Senate

Non-germane amendments may be introduced (riders).

Non-germane amendments may not be introduced from floor.

Emphasizes foreign policyEmphasizes tax & revenue policy

Members = policy generalists

Members = policy specialists

Unlimited debate unless cloture invoked

Debate limited to 1 hour

Scheduling/rules agreed to by majority & minority leaders

Scheduling/rules controlled by majority party with powerful Rules Committee

Moderate turnoverLow turnoverSENATEHOUSE

Formal & Informal Qualifications of the US

Congress

Formal Eligibility RulesUS Senator: - citizen for 9 years

- at least 30

- resident of state where elected

Representative: - citizen for 7 years

- at least 25

- resident of the district in the state where elected

Let’s Look at the Demographics of the US Congress…

* Age* Gender * Ethnicity

* For each demographic group, write an analysis statement that summarizes the data for each chamber

* Does this data represent the demographics of the USA? Does this question matter?

AgeThe House The Senate

GenderThe House The Senate

US Race/Ethnicity Breakdown, 2010 Census

EthnicityThe House The Senate

2006 Race/Ethnicity Data

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Comparing the House & SenateDirections: Identify the similarities and differences between

the House of Representatives and the Senate. You are allowed to use any visuals, phrases, etc. that you think will help you understand the differences and similarities of the two legislative chambers.

The House The Senate

Similarities

The House The Senate

Similarities

Congressional Elections

‘It’s good to be an incumbent’

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Congressional Elections* House Incumbents are reelected more often than in

the Senate* House Incumbent reelection percentage is stagnant

Congressional Elections• The Advantages of Incumbents–Advertising:• The goal is to be visible to your voters• Frequent trips home & newsletters are used

– Credit Claiming:• Service to individuals in their district• Casework: specifically helping constituents get what they think they have a right to• Pork Barrel Legislation: federal projects, grants, etc. that only helps a specific congressional district or state

- The Bridge to Nowhere!?!

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Congressional Elections• The Advantages of Incumbents

– Position Taking:• Portray themselves as hard working, dedicated

individuals• Occasionally take a partisan stand on an issue

– Weak Opponents:• Most opponents are inexperienced in politics• Most opponents are unorganized and underfunded

– Campaign Spending:• Challengers need to raise large sums to defeat an

incumbent• PACs give most of their money to incumbents

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Congressional Elections• The Role of Party Identification

– Most members represent the majority party in their district

• Defeating Incumbents– Some incumbents face problems after a

scandal or other complication in office– They may face redistricting– They may become a victim of a major political

tidal wave•Many Democrats lost in 1994•Many Republicans lost in 2006 & 2008•2010 Republican Resurgence Many

incumbents lost

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Congressional Elections

• Open Seats– Greater likelihood of competition.– Big issue in 2008 elections!

• Stability and Change– Incumbents provide stability in Congress– Change in Congress occurs less frequently

through elections– Are term limits an answer?

Congressional LeadershipPolitical Party Power!

Which Political Party Controls the House?

Which Political Party Controls the US Senate?

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The House’s Formal Leadership–The MAJORITY POLITICAL PARTY controls the legislative process, including the selection of Congressional leaders

–Leadership in the House

•The Speaker of the House

•The Majority Leader•The Minority Leader•Whips

Hierarchy of the House

Majority Party Minority Party

Majority Leader

Majority Whip

Deputy & Assistant Whips

Minority Whip

Minority Leader

Deputy & Assistant Whips

Speaker of the House

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The Senate’s Formal Leadership

• The U.S. Vice President

• The President Pro Tempore (ceremonial)

• Majority Leader the real power

• Minority Leader

• Whips

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Hierarchy of the Senate

Majority Party

Majority Leader

Majority Whip

Deputy & Assistant Whips

Minority Whip

Minority Leader

Deputy & Assistant Whips

President of the SenatePresident

Pro Tempore

Minority Party

Congressional Apportionment, Redistricting, and Gerrymandering

Reviewing the Basics* The USA uses Single-Member Districts

(a geographic district from which a single member is elected by a majority or plurality of the popular vote to represent it in a legislative body)

* Every 10 years the USA takes a census

* A state’s representation in the House of Representatives is determined by a state’s population

Making Congressional Districts Timeline1. National Government takes census

2. Using census data, national govt. reapportions (divides up) House of Rep. seats to each state

3. Using reapportionment info (seats in Congress), states create contiguous US Congressional districts (redistricting) of equal population

4. Almost every state redistricts using controversial methods to help the majority political party in state legislature Gerrymandering

Congressional Redistricting

* Role of States:- STATES redistrict draw new Congressional boundaries based upon new census data

* Redistricting Requirements:(1) “One person, One Vote” = districts must be equal in population size(2) Districts must be contiguous (can’t split districts up)(3) States can’t redistrict solely on the basis of race

The Original Gerrymander

Gerrymandering StrategiesPacking:  concentrating as many voters of a particular type into a single electoral district to reduce their influence in other districts

Cracking: involves spreading out voters of a particular type among many districts in order to deny them a sufficiently large voting block in any particular district

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A Closer Look

Your Thoughts on Congressional

District 3?

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Courts and Gerrymandering* Baker v. Carr (1962) upheld the

concept of “one person, one vote” districts have to be equal in terms of population sizes- allows the courts to reapportion election districts across the nation

* Shaw v. Reno (1993) a congressional district in North Carolina was so irregular in shape that it was clearly drawn to secure the election of a minority representative- The Court ruled that the district violated the voters' equal rights protection of the 14th Amendment- States can’t redistrict solely on the basis of race

"Congress in session is Congress on public

exhibition, whilst Congress in its committee-rooms is

Congress at work.”President Woodrow Wilson

The Committee System:

‘Little Legislatures’

Need for Committees* Nonexistent 1789-1810

* Review & Screen policy proposals!

* Increase in workload: - hearings- markup of legislation- become specialists in policies

* Committee membership proportional to majority & minority parties in chamber

Legislative Committees:Legislative Committees:

Function and PurposeFunction and Purpose

Legislative Committees:Legislative Committees:Function & PurposeFunction & Purpose

1. Consider bills (a.k.a. “mark-up” bills)

A bill with a member’s mark-up notes

Legislative Committees:Legislative Committees:Function & PurposeFunction & Purpose

2. Maintain oversight of executive agencies

Secretary Donald Rumsfeld testifies before a Senate Appropriations Committee hearing re: the Department of

Defense Budget (May, 2006)

Legislative Committees:Legislative Committees:Function & PurposeFunction & Purpose

3. Conduct investigations

New Orleans Mayor Ray Nagin testified before the Senate Homeland Security and Governmental Affairs Committee on

Hurricane Katrina (Feb., 2006

How Congress is Organized to Make Policy

• The Committees and Subcommittees– Getting on a Committee

•Members want committee assignments that will help them get reelected, gain influence, and make policy

•New members express their committee preferences to the party leaders

•Support of the party is important in getting on the right committee

•Parties try to grant committee preferences Have you been loyal lately?

How Congress is Organized to Make Policy

• The Committees and Subcommittees– Getting Ahead on the Committee: Chairs and

the Seniority System.•The chair of a committee is the most important position for controlling legislation

•Chairs were once chosen strictly by the seniority system

•Now seniority is a general rule, and members may choose the chair of their committee–Dingell v Waxman

The Politics of Committees* Committees allow for representatives

to become specialists in policy areas- Example: Donna Edwards (4th district) serves on the Transportation and Infrastructure Committee & the Science and Technology Committee

- Before joining Congress, Edwards worked for aerospace company Lockheed Martin

- How does being on these committees influence Edward’s impact on Congress?

- How does Edwards’ past experience help and possibly hinder her position on these committees?

The Committee Structure1. Standing Committee: permanent; deals with

specific policy matters; i.e. agriculture, energy

2. Select Committee: temporary; appointed for a specific purpose; i.e. Senate Watergate Committee

3. Joint Committee: includes members of both chambers; i.e. Joint Committee on Taxation

4. Conference Committee: temporary; includes members from both chambers; purpose is to resolve different versions of House/Senate bills

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Committees aka “Little Legislatures”

* Before the entire chamber votes on a bill, the bill must make it through committee(s):

*Committee Steps:

1. Bill is referred to committee - depends on type of bill

2. Bill put on committee calendar: - if bill not put on calendar, the bill dies!

3. Most bills go through subcommittees:- people testify for/against bill- Bills often “marked-up”

4. Back to the full committee:a. sometimes more hearings take placeb. vote on bill and any amendmentsc. full committee votes for bill—if bill passes committee, the committee writes a report of the bill

Congressional Powers: Congress does more than making

laws

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The Powers Congress1. Legislative Powers: Make laws

- enumerated; necessary & proper; denied

2. Non-legislative Powers: other duties- electoral: choosing president if nobody gets 270 electoral votes- amendment: propose amendments by 2/3 vote of each chamber- impeachment: House indicts, Senate is petit jury- investigation/oversight: (see next slide)

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The Congressional Process*Congressional Oversight: the ability for

Congress to review and monitor the executive branch and its federal agencies- “inherent” power of all legislatures - General Accountability Office (GAO)

*Purpose of Oversight: - Compliance with legislative intent- program performance- improve efficiency/effectiveness of govt. operations- investigate wrongdoings, abuse, waste, dishonesty, fraud

The Powers of Congress– Enumerated powers (Article 1, Section 8)

include:– Taxing, spending, borrowing, and coining– Regulation of foreign trade and trade among

states (interstate commerce)– Regulation of the military (state militias, an

army and navy, and authority to declare war) – Powers of the Senate– Constitutional Amendments

– The Necessary and Proper Clause: allows Congress to make laws that are deemed to be necessary to carry out the expressed powers

How the Necessary & Proper Clause Functions?

Article 1, Section 8

Power

Necessary & Proper Clause

(Article 1, Section 8)

Legitimacy for Expanded National

Government Power

In order for the government to create a policy, there must be a Constitutional basis!

Example of Using Necessary & Proper Clause

Article 1, Section 8 Power?

(What should go here?)

Necessary & Proper Clause

(Article 1, Section 8)

Legitimacy for Expanded National

Government Power

What enumerated power in the Constitution would justify the national government mandating all Americans have health insurance? (multiple answers possible)

Reviewing Necessary & Proper Use

Denied PowersDefinition:- Actions the govt. cannot do to you

Examples:(1) Can’t deny the Writ of Habeas Corpus to a suspected criminal the govt. must say tell a suspect why they are being held in jail

(2) NO Bills of Attainder Congress can’t make a law declaring a person guilty

- defendant must have a fair trial

(3) NO Ex Post Facto Laws govt. can’t accuse you of a crime prior to that action being made illegal (example on next slide)

Ex Post Facto Law Explained

Yesterday: You wore a striped shirt to school.

Today: 1.The school bans striped shirts.2. The school suspends you for wearing a striped shirt yesterday.

* Explain how this example goes

Against the Constitutional principle.

The Lawmaking

Process: Politics,

Compromise, and more

Politics!

Comparing the House & SenateHOUSE SENATE

435 members serving two-year terms 100 members serving rotating six-year terms

Speaker's referral of bills to committee is hard to challenge.

Referral decisions easy to challenge.

Committees almost always consider legislation first.

Committee consideration easily bypassed.

Rules Committee powerful; controls time of debate, admissibility of

amendments.

Rules Committee weak; few limits on debate or amendments.

Debate usually limited to one hour. Unlimited debate unless shortened by unanimous consent or by invoking

cloture.

Non-germane amendments may not be introduced from floor.

Non-germane amendments may be introduced (riders).

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The Congressional Process• Legislation:– Bill: A proposed law– Anyone can draft a bill, but only members of Congress can introduce them– All spending measures must originate in the House of Representatives– More rules in the House than in the Senate– Party leaders play a vital role in steering bills through both houses, but less in the Senate– If bill doesn’t make it out committee, bill will die—unless a discharge petition is signed (only used in the House)

• Most bills die b/c they never make it out of committee– Countless influences on the legislative process

• Lobbyists, Interest Groups, Constituents, Elections

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Comparing the Textbook & Dynamic Lawmaking Process Explained

5. Floor Action

1. Introduction

2. Committee2. Committee

3. Subcommittee 3. Subcommittee

4. Rules Committee4. Floor Action

1. Introduction

House/Senate Compromise

Final House Vote Final Senate Vote

President’s Desk

House Senate

If a bill passes each chamber…

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Legislative Tactics: This is Politics!

* Logrolling: if you vote for my bill, I will vote for your bill (reciprocity)

* Pork Barrel: “pet projects” for specific jurisdictions. EX: “bridge to nowhere” - Earmarks: last minute add-on to a bill that helps a specific group of people, usually done anonymously

* Filibuster: a maneuver that prevents a bill from being debated or voted upon (only happens in Senate)- Cloture: a petition to end debate—need at least 60 senators to agree

Earmark Video ClipVideo Questions: 1. Why do lawmakers like using ‘earmarks’?

2. What are the possible negative & positive consequences of lawmakers using ‘earmarks’?

3. Why can it sometimes be hard to track the inserting of ‘earmarks’? How has the tracking of ‘earmarks’ changed recently?

1

2 3

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Legislative Tactics: This is Politics!

*The Committee System: bills may die if committees fail to act or reject them- “Killing a Bill” or “Pigeonholing”

* Amendments: additions/changes to bills- can be added in committee debate or floor debate

* Riders: additional items added to a bill that usually have little/no relationship to the main purpose of the bill (Senate only)- bill with many riders = “Christmas Tree Bill”

* The Germaneness Rules: the House prohibits non-germane riders to be added during floor debate the Senate traditionally does not allow non-germane riders during floor debate, though no rule prohibits their use

How Congress is connected to other parts

of Government?White House

US Supreme Court

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The Congressional Process

• Presidents and Congress: Partners and Adversaries– Presidents have many resources to

influence Congress (often called the “Chief Legislator”)

– Threats of vetoes can influence process

– White House staff often lobbies Congress

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The Congressional Process• Party, Constituency, and Ideology

– Party Influence: Party leaders cannot force party members to vote a particular way, but many do vote along party lines•Whips!•Campaign Finance Committee assistance

– Constituency versus Ideology: Most constituents are uninformed about their member• trustee v. delegate…• controversial issues bring lots of voices

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The Congressional Process

• Lobbyists and Interest Groups– There are several thousand lobbyists

trying to influence Congress - the bigger the issue, the more lobbyists will be working on it

– Lobbyists can be ignored, shunned and even regulated by Congress

– A combination of lobbyists and others that influence members of Congress

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Conflict over “War Making Powers”

1. Look through the Constitution:

A. Where does the Constitution mention Congress’s military powers? What are these powers?

B. Where does the Constitution mention the President’s military powers? What are these powers?

C. What are the provisions of the War Powers Act (1973)?