US Congress
Part II
Section I
HOW IS CONGRESS ORGANIZED
The Role of Political Parties
1. Parties play a key role in the organization of
both chambers.
2. The majority party is the party with the most
votes.
3. The minority party is the party with the
second most votes.
The Role of Political Parties
4. The majority party enjoys the following
advantages:
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Holds committee chairs
Chooses the Speaker of the House
Assigns bills to committees
Holds the majority in each committee
Controls the House Rules Committee
Sets the legislative agenda
House of Representatives
• Always has been larger than the Senate
– As a result, it has a more formal structure and
stricter rules
• Example: debate is more restricted
• Speaker of the House
– Presides over the HOR
– Overseas HOR business
– Second in line for the presidency
• Other HOR leaders
House of Representatives
• Other HOR leaders
– Majority leader is the elected leader of the party
that controls the HOR
– Minority leader is the elected leader of the party
with the second-highest number of
representatives
– Both parties elect whips
• Maintain close contact with party members
• Try to ensure party unity on close votes
Senate
• Smaller and less formally organized
• Vice President
– President of the Senate
– Can only vote to break a tie
Senate
• Other Senate Leaders
– President pro tempore presides over the Senate in
the absence of the VP. Position held by the
member of majority party with longest service in
Senate.
– Majority leader is the elected leader of the party
that controls the Senate. The Majority Leader is
the true leader of the Senate.
– Minority leader is the elected leader of the party
with the second-highest number of senators.
The Committee System
• Importance of Committees
– Both chambers are divided into committees
– Committees play the dominant role in the
legislative process and policymaking
– Committee system is particularly important in the
HOR
– Real work of Congress happens in committees
The Committee System
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4.
Standing committees
Joint committees
Conference committees
Select committees
The Committee System
1. Standing committees
1. Permanent bodies that continue from one congress
to the next
2. Focus on legislation in a particular area.
3. All bills are referred to standing committees where
they can be amended, passed or killed.
4. Foster the development of expertise by their
members
5. Divided into subcommittees where the details of
legislation are worked out.
The Committee System
1. Standing committees
2. Select committees: special panels formed for a
specific issue and designated time. Usually for an
investigation in a matter of public concern.
3. Joint committees: include members of both
chambers. Similar in function to select committees
and often focus public attention on important
issues.
4. Conference committees: temporary committees
with members from both houses to resolve
differences between House and Senate versions of
bills. Members appointed by party leadership.
The Committee System
1. Standing committees
2. Select committees: special panels formed for a
specific issue and designated time. Usually for an
investigation in a matter of public concern.
3. Joint committees: include members of both
chambers. Similar in function to select committees
and often focus public attention on important
issues.
4. Conference committees: temporary committees
with members from both houses to resolve
differences between House and Senate versions of
bills. Members appointed by party leadership.
The Committee System
1. Standing committees
2. Select committees: special panels formed for a
specific issue and designated time. Usually for an
investigation in a matter of public concern.
3. Joint committees: include members of both
chambers. Similar in function to select committees
and often focus public attention on important
issues.
4. Conference committees: temporary committees
with members from both houses to resolve
differences between House and Senate versions of
bills. Members appointed by party leadership.
Organization of Congress
• 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.
• Those who have supported their party’s leadership are
favored in the selection process.
• Parties try to grant committee preferences.
Organization of Congress
• The Committees and Subcommittees
– Chairs and the Seniority System
• Committee chairs: the most important influencer of
congressional agenda, exercise great power and enjoy
considerable prestige
– Dominant role in scheduling hearings, hiring staff,
appointing subcommittees, and managing
committee bills when they are brought before the
full house
– Often receive favors from lobbyists and PACs
Organization of Congress
• The Committees and Subcommittees
– Chairs and the Seniority System
• Seniority System:
– Historically, committee chairs chosen by seniority in
which the majority party member with the most
continuous service automatically becomes chair.
– Chairs in both HOR and Senate now elected
positions, however seniority is still the norm for
getting elected.
House: Protecting the masses
• HOUSE RULES COMMITTEE
– Controlled by the Speaker
– “traffic cop” Speaker’s “right arm”
– Sets guidelines for floor debate, gives each bill a rule to
place on the legislative calendar, limits time for debate,
determines the types of amendments that will be allowed
– Closed rule sets strict time limits on debates and forbids
amendments from the floor
– Open rule set less strict time limits on debates and allows
amendments from the floor
House: Protecting the masses
• HOUSE COMMITTEE ON WAYS AND MEANS
– Jurisdiction on all taxation, tariffs and other
revenue-raising measures
– Members of Ways and Means cannot serve
on other committees.
• HOUSE APPROPRIATION COMMITTEE
– expenditures
The Senate: Serving the Elite
• Foreign Relations Committee
– Foreign aid
– Treaties and diplomatic nominations
– Arms sales
• Judiciary Committee
– Confirms federal judges
– Federal laws
– Constitutional amendments
Organization of Congress
• Caucuses: The Informal Organization of
Congress
– Caucus: a group of members of Congress sharing
some interest or characteristic
– About 300 caucuses
– Caucuses pressure for committee meetings and
hearings and for votes on bills.
– Caucuses can be more effective than lobbyists.
Organization of Congress
• Congressional Staff
– Personal staff: They work for the member, mainly
providing constituent service, but help with
legislation too.
– Committee staff: organize hearings, research and
write legislation, target of lobbyists
– Staff Agencies: CRS, GAO, CBO provide specific
information to Congress
Section II
THE LEGISLATIVE PROCESS
The Legislative Process: Introduction
• Thousands of bills are introduced each year.
• Only about 125, 2.5%, become law.
• A bicameral Congress and the committee
system present a formidable series of
obstacles that defeat most bills.
• The legislative process is lengthy, deliberate,
fragmented and characterized by negotiation
and compromise
Lawmaking or Winnowing?
107th Congress 2001-2002
Bills Introduced
9130
Public Laws
377
The Legislative Process: Creating Bills
• Anyone can write a bill.
• Most bills are not written by members of
Congress.
• Most bills originate in the executive branch.
• Business, labor, agriculture and other interest
groups draft bills.
• Only members of Congress can put bills in the
“hopper.”
The
Hopper
The Legislative Process:
Committee Action
• House and Senate have parallel processes.
• Bills are assigned a number and referred to
committee.
• Usually, committee chair sends bill to a
subcommittee for study, hearings, revisions
and approval.
• Most bills die in committee
– pigeonholed or buried.
The Legislative Process:
Committee Action
• If a majority in the HOR
wishes to consider a bill
that has been pigeonholed,
it can be blasted out of
committee with a discharge
petition signed by a
majority of House
members.
The Legislative Process:
Committee Action
• Bills approved by subcommittee returned to
full committee where members can mark up
or add items to the bill.
• Committees can reject the bill or send it to
the floor with a recommendation.
The Legislative Process: Floor Action
HOR
• Rules Committee
–calendar
–Time for debate
–Amendments?
• Ultimately voted
on
Senate
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Unlimited debate
Filibuster?
Hold?
If a bill overcomes
possible filibusters
and holds, it will
ultimately get
voted on
The Legislative Process:
Conference Action
• If a bill is passed in different versions in both
chambers a conference committee is formed
to work out the differences.
• The conference committee bill is returned to
each chamber for a vote.
The Legislative Process: Making Law
• If a bill passes both chambers in identical
form, it goes to the president for a signature.
• The president must sign or veto the entire
bill.
– Presidents would like the line item veto
• A veto can be overridden by a 2/3 vote in
each chamber
– Pocket veto
The Legislative Process: Making Law
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The Bill Begins: idea
The Bill Is Proposed: sponsor
The Bill Is Introduced: the hopper
The Bill Goes to Committee
The Bill Is Reported: back to the floor
The Bill Is Debated
The Bill Is Voted On
The Bill Is Referred to other chamber
The Bill is in Conference Committee
The Bill Is Sent to the President
The Bill Is a Law
Bill introduction in House
Bill introduction in Senate
Full Committee
Full Committee
Subcommittee
Subcommittee
Lawmaking
Full Committee
Full Committee
Rules Committee
House Floor
Conference Committee
Presidential Signature
Senate Floor
Bill introduction in House
Bill introduction in Senate
Full Committee
Markup
Full Committee
Markup
Subcommittee
Lawmaking
Full Committee
Full Committee
Markup
Rules Committee
House Floor
Subcommittee
Markup
Conference Committee
Presidential Signature
Senate Floor
Section III
CONGRESS AND THE PRESIDENT
Congressional Functions
• Lawmaking
• Oversight
• Representation
Congressional Functions
• Lawmaking
• Oversight
• Representation
Oversight
• Checks and balances
• Monitoring the bureaucracy and administration
of policy.
• Senate has a special oversight function by
confirming department heads and presidential
appointments.
Oversight
• Hearings and investigations
Oversight
• Hearings and investigations
• Casework
Oversight
• Hearings and investigations
• Casework
• Legislative Audit
Oversight
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Hearings and investigations
Casework
Legislative Audit
Sunset Laws
Oversight
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Hearings and investigations
Casework
Legislative Audit
Sunset Laws
Budget
Foreign Policy
1. Constitutional Division of Power
– Congress has the power to declare war
– War Powers Resolution
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Passed in 1973 in response to Vietnam
President has 48 hours to notify Congress after
deploying troops
President must bring troops home within 60-90 days
unless Congress extends the time
Section IV
CONGRESS AND VOTING
Congressional Functions
• Lawmaking
• Oversight
• Representation
Representation Ideology
• Delegate (district)
• Trustee (national)
• Politico (self)
Congressional Decision-Making
• President
Congressional Decision-Making
• President
• Staff
Congressional Decision-Making
• President
• Staff
• Interest Groups
Congressional Decision-Making
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President
Staff
Interest Groups
Political Parties
Congressional Decision-Making
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President
Staff
Interest groups
Political Parties
Constituents
Congressional Decision-Making
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President
Staff
Interest groups
Political Parties
Constituents
Colleagues
Section V
CONGRESS AND THE COURTS
The Courts and the Legislature
• McCulloch v. Maryland
– necessary and proper clause
– gave Congress power to run federal bank.
• Gibbons v. Ogden
– Commerce Clause
– states can’t interfere with Congress’ attempt to
regulate interstate commerce!
• 1960’s Civil Rights legislation.
Congress and the Scope of Government
• The more policies Congress works on, the
more ways it can serve their
constituencies.
• The more programs that get created, the
bigger the government gets.
• Contradiction in public opinion:
everybody wants government programs
cut, just not their programs
Summary
• Members of Congress make policy.
• They have a sizeable incumbency
advantage.
• Congress is structurally complex.
• Presidents, parties, constituencies, and
interest groups all affect legislators’ vote
choices.