Congress The National Legislature
Congressional Power
Derives From Article I, U.S. Constitution Article I, Section 8, “Enumerated Powers” Elastic, or Necessary and Proper Clause Congress is at the center of Federal Policy making process
Congressional Restraints
Article I, Section 9: Prohibits Bills of Attainder, Ex Post Facto laws, Suspension of Habeus Corpus. Bicameral: Senate and House
States elected Senators, Popular elections for House Two Senators from every state, Congressmen tied to population Teacup and the Saucer: House the teacup, Senate the Saucer
Congressional Restraints
Bill of Rights Checks and balances between states and federal government, branches of federal government
Congress
435 Congressional Seats
Apportioned to states by population. Each state has at least 1. States draw House boundaries in accordance with federal laws Entire membership elected every two years Unique Powers: Brings actions of impeachment, Spending/Appropriations Bills Originate in House
Senate
1/3rd of all Senators elected every two years for 6 year terms Formerly elected by states but since constitutional amendment in the 1910’s elected by popular vote 2 Senators per state Unique Powers: Advice and Consent for upper level Presidential appmts. and treaties. Tries impeachment cases
Federalism
Remember: Power in America is sharply divided along two kinds of lines
Seperation of Powers between the branches… Supreme Court, Congress and President theoretically coequal branches Federalism is the division between states and federal government Remember U.S. v. Lopez: Guns around schools isn’t a federal issue. Feds argued, unsuccessfully, commerce
Three Ways of Looking at Role of Congressmen and Senators
Edmund Burke
Delegate: An elected rep. who acts in perfect accord with the wishes of his/her own constituents Trustee: Believes his/her own judgment should be used to make decisions.
Middle Road: The way most, if not all, Senators, Reps behave
Minority Representation
Ethnic minorities, women underrepresented statistically speaking in Congress African Americans approach statistical parity in House of Reps. Only 1 Af American, 3 Hispanics in Senate despite 25% of population. However, high profile minorities on the political “bench.”
Those Who Are Represented
Constituents: Those who live in a Congressman’s District/Senator’s State Constituence: Generic term used to describe entire district’s/state’s electorate or some sub-group therein
Electoral Districts
Reapportionment after every Census (10 years) In reapportionment, some states lose seats, some gain seats KY lost 1 seat after 1990 census
Redistricting
State’s internal redrawing of Congressional boundaries Must be consistent with federal law, particularly where minorities are concerned Gerrymandering: State Legislatures Attempts to Draw Boundaries According to Partisan, Political Logic The curious case of TX Kentucky’s 1st Congressional District
Majority Minority Districts
Districts whose boundaries are drawn in such a way that ensures a racial minority constitutes a majority of the district 24 currently (15 Af Americans, 9 Hispanics) May dilute Democratic representation
Money and Politics
$5 Million to run for U.S. Senate >$1 Million to run for U.S. House Committee Seats Afford Reps. and Senators a chance to haul in $$$ Power of incumbency Open Seats: Retirements vs. Sudden vaccancies All politics are local….??
Congressional Duties
Vote on legislation Oversight of President Investigations Franking Privilege: Power to send mail to constituents on Congress's dime Constituent Services: Helping Constituents navigate the federal bureaucracy
How Congress “Works”
100 days in this past Congress Leadership: “Herding Cats” Senate much more deliberative House much more majoritarian Political Caucuses Very Powerful
Determine Committee Memberships Can Support, Oppose its own Members Party Voting Trending Upwards (11.6, Pg 331)
Reasons for Rise in Partisanship
Multi-regional party blocs disappearing Moderates Losing, Retiring (see above) Political Pressure from below to “hold the (partisan) line”
The Cat Herders
In the House
Speaker of the House vs. the Minority Leader House Majority Leader Majority Whip
In the Senate
Senate Majority Leader (KY’s Senator McConnell 08?) Senate President Senate Majority Whip (Senator McConnell 06)
Speakers’ Power
3rd Most Powerful Person in D.C.? House is Majoritarian Ebbs and Flows According to Caucus
Whip
The Vote Counter, Getter, Disciplinarian(?)
Senate Leadership
Much less majoritarian One Senator can derail legislative process President of the Senate is the Vice President of the United States
Only votes to break ties
Senate Majority Leader does have powers of visibility, persuasion. More personal than institutional.