Packet Notes

Friday,
February 27, 2009

11:38 AM

A. Determining fair representation

1. Now elected from single-member districts

2.
Problem of drawing district boundaries

b.
Gerrymandering: drawing boundaries to ensure party victory

3.
Congress decides size of House

4.
Congress reapportions representatives every ten years

6.
Majority-minority districts remain vexing question

a. Districts drawn to make it easier to elect
minority representatives

B.
Winning the primary

2.
Reduces influence of political party

5.
Way people get elected has two consequences

a. Legislators closely tied to local concerns

b.
Party leaders have little influence

VI. The organization
of Congress: parties and caucuses

A. Party organization of the Senate

1. President pro tempore presides; member with most
seniority in majority party

3.
Party whips-keep leaders informed, round up votes, count noses

5.
Committee assignments

a. Democratic Steering Committee

b.
Republican Committee on Committees

c.
Emphasizes ideological and regional balance

d.
Other factors: popularity, effectiveness on television, favors owed

B.
Party structure in the House-House rules give leadership more power

1. Speaker of the House is leader of majority party;
presides over House

a . Decides whom to recognize to speak on the floor

b.
Rules on germaneness of motions

c.
Decides to which committee bills go

d.
Influences which bills are brought up for a vote

e.
Appoints members of special and select committees

f.
Has some patronage power

2.
Majority leader (floor leader) and minority leader

3.
Party whip organizations

4.
Committee assignments and legislative schedule set by each party

(1)
Committee on Committees for committee assignments

(2)
Policy Committee to schedule legislation

5.
Democratic and Republican congressional campaign committees

C.
The strength of party structure

3.
Senate different since transformed by changes in norms, not rules

a.
Now less party-centered, less leader-oriented, more hospitable to freshmen

D.
Party unity

1. Problems in measuring party votes

2.
Party voting and cohesion more evident in 1990s

3.
Splits often reflect deep ideological differences between parties or party
leaders

4.
Why is there party voting, given party has so little electoral influence?

a. Ideological differences important

b.
Cues given by and taken from fellow party members

c.
Rewards from party leaders

E.
Caucuses: rivals to parties in policy formulation

1. 1995, public funds denied caucuses-had to raise
own money

2.
Types of caucuses

a . Intra-party

b.
Personal interest

c.
National constituency

d.
Regional constituency

e.
State or district constituency

f.
Industry constituency

VII. The organization
of Congress: committees

A. Legislative committees-most important
organizational feature of Congress

1. Consider bills or legislative proposals

2.
Maintain oversight of executive agencies

3.
Conduct investigations

B.
Types of committees

2.
Select committees-groups appointed for a limited purpose and limited duration

3.
joint committees-those on which both representatives and senators serve

C.
Committee practices

1. Number of committee has varied; 1995 with
significant cuts

2.
Majority party has majority of seats on the committees

3.
Each member usually serves on two standing committees but ...

a. House members serve on one exclusive committee

b.
Senators receive two major and one minor committee assignments

5.
Subcommittee bill of rights of 1970s changed several traditions

b.
Opened more meetings to the public

D.
Committee styles

1. Decentralization has increased influence of
individual members

a. Less control by chairs

b.
More amendments proposed and adopted

c.
Democratic leaders began to use restrictive rules, proxy votes

d.
These practices provoked 1995 Republican reforms

2.
Certain committees tend to attract particular types of legislators

a. Policy-oriented members

b.
Constituency-oriented members

VIII. The organization
of Congress: staffs and specialized offices

A. Tasks of staff members

1. Constituency service-major task of staff

B .
Growth and impact of staff

1. Larger staff generates more legislative work

3.
Results in a more individualistic Congress-less collegial, less deliberative

C.
Staff agencies-offer specialized information

1. Congressional Research Service (CRS)

2.
General Accounting Office (GAO)

3.
Office of Technology Assessment (OTA), abolished in 1995

4.
Congressional Budget Office (CBO)

IX. How a bill becomes
law

A. Bills travel through Congress at different speeds

1. Bills to spend money or to tax or regulate
businesses move slowly

2.
Bills with a clear, appealing idea move fast

3.
Complexity of legislative process helps a bill's opponents

B .
Introducing a bill

1 . Introduced by a member of Congress

2.
Congress initiates most legislation

3.
Presidentially drafted legislation is shaped by Congress

4.
Resolutions

a
. Simple-passed by one house affecting that house

b.
Concurrent-passed by both houses affecting both

c.
joint

(1)
Essentially a law-passed by both houses, signed by president

C.
Bill is referred to a committee for consideration by either Speaker or
presiding officer

1. Revenue bills must originate in the House

2.
Most bills die in committee

3.
Multiple referrals limited after 1995

4.
Mark-up bills are revised by committees

5.
Committee reports a bill out to the House or Senate

a. If bill is not reported out, the House can use the
"discharge petition"

b.
If bill is not reported out, the Senate
can pass a discharge motion

c.
These are routinely unsuccessful.

6.
Bill must be placed on a calendar, to come before either house.

7.
House Rules Committee sets the rules for consideration

a.
"Closed rule": sets time limit on debate and restricts amendments

b.
"Open rule": permits amendments from the floor

c.
"Restrictive rule": permits only some amendments

d.
Use of closed and restrictive rules growing

D.
Floor debate-the House

2.
Committee sponsor of bill organizes the discussion

3.
House usually passes the sponsoring comn-dttee's version of the bill

E.
Floor debate-the Senate

1 . No rule limiting germaneness

2.
Committee hearing process can be bypassed by a senator with a rider

3.
Debate can be limited only by a cloture vote.

a.
Three-fifths of Senate must vote in favor of ending filibuster

4.
Both filibusters and cloture votes becoming more common

a.
Easier now to stage filibuster

b.
Roll calls are replacing long speeches

F.
Methods of voting

2.
Procedures for voting in the House

a. Voice vote

b.
Division (standing) vote

c.
Teller vote

d.
Roll-call vote

3.
Senate voting is the same except no teller vote

4.
Differences in Senate and House versions of a bill

b.
If major, a conference committee is appointed

(3)
Report can only be accepted or rejected-not amended

(4)
Report accepted, usually

5.
Bill, in final form, goes to the president

a. President may sign it

b.
If president vetoes it, it returns to house of origin

(2)
If both override, bill becomes law without president's signature

X. How members of
Congress vote

A. Representational view

1. Assumes that members vote to please their
constituents, to get reelected

2.
Constituents must have a clear opinion of the issue; the vote must attract
attention

4.
Constituency influence important in Senate votes; influence in House unknown

5.
Members in marginal districts as independent as those in safe districts

B.
Organizational view

2.
Organizational cues

a. Party

b.
Ideology

c.
Party members on sponsoring committees

C.
Attitudinal view

1. Assumes that ideology affects a legislator's vote

a. 1970s-senators more liberal

b.
1980s-senators more conservative

XI. Reforming Congress

A. Numerous proposals to reform Congress

B .
Representative or direct democracy?

1. Framers: representatives refine, not reflect,
public opinion

2.
Today: representatives should mirror majority public opinion

3.
Move toward direct democracy would have consequences

C.
Proper guardians of the public zeal?

1. Madison

a. National laws should transcend local interest

c.
Legislators should not be captured by special interests

D.
A decisive Congress or a deliberative one?

1. Framers designed Congress to balance competing
views and thus act slowly

E.
Imposing term limits

3.
Twenty-two states in 1994 had passed term-limit proposals

4.
Effects of term limits vary depending on type of proposal

F.
Reducing power and perks

1. Legal bribes such as gifts banned in 1995;
concerns remain

2.
Regulating franking

3.
Place Congress under law and not exempt itself from laws

4.
Trim pork to avoid wasteful projects

a. Main cause of deficit is entitlement programs, not
pork

6.
Downsize staff as well

a. But staff size same as 1980s

b.
Cutting staff makes Congress more dependent on executive

XII. Ethics and
Congress

A. Separation of powers and corruption

2.
Forms of influence

a. Money

b.
Exchange of favors

B.
Problem of defining unethical conduct

1.
Violation of criminal law is obviously unethical

a.
Since 1941, nearly fifty members faced criminal charges, most convicted

2.
1978-1992, charges of congressional misconduct against sixty-three members

a. 31 sanctioned, convicted

b.
16 resigned or announced retirement

c.
Most infamous: ABSCAM (1980-1981) and Jim Wright (1989)

C.
New ethics rules (104th Congress)

1. Honoraria: House bans, Senators may designate
charity

2.
Campaign funds: ban retaining of surplus

3.
Lobbying: former members banned for one year

4.
Gifts: $250 House limit, $100 Senate

5.
Lobbyist payments banned for travel, legal defense funds, charitable donations

D.
Problems with ethics rules

1. Rules assume money is the only source of
corruption

E.
Congressional Accountability Act of 1995

XIII. Summary: The old
and the new Congress

A. House has evolved through three stages over past
half-century

1. Mid-1940s to early 1960s

a. Powerful committee chairs, mostly from the South

b.
Long apprenticeships for new members

c.
Small congressional staffs so members dealt face-to-face

2.
Early 1970s to early 1980s

a . Spurred by civil rights efforts of younger,
mostly northern members

b.
Growth in size of staffs

c.
Committees became more democratic

d.
Electronic voting meant members more often on record

e.
Focus on reelection--sophomore surge

f.
More amendments and filibusters

3.
Early 1980s to present

a. Strengthening and centralizing party leadership

b.
Became apparent under Jim Wright

c.
Return to more accommodating style under Tom Foley

d.
Newt Gingrich more assertive

B
Reassertion of congressional power in 1970s

1. Reaction to Vietnam, Watergate, and divided
government

2.
War Powers Act of 1973

3.
Congressional Budget and Impoundment Act of 1974

4.
Legislative veto included in more laws

C.
Congressional power never as weak as critics have alleged

Important Terms

Christmas tree bill A bill that has lots of
riders.

joint committee Committee on which both
representatives and senators serve.

public bill Legislation that pertains to
affairs generally.

select committee Congressional committee
appointed for a limited time period and purpose.

standing committees The permanent committees of
each house with the power to report bills.

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