Civics and Government - Unit 9

The U.S. Congress

Section 1 - Overview

1. What is the Congress?

A) National Legislature

B) Congress is made up of two houses.

1) Senate - 2 senators per state regardless of size (Upper House).

2) House of Representatives - based on population (Lower House).

C) Differing Philosophical Base for the House and Senate

1) House of Representatives

a) Short term (2 years).

b) The entire body is up for reelection every two years.

c) More responsive to public opinion.

d) Serves as a direct connection between the citizens and the national government.

2) Senate

a) Longer term (6 years)

b) A more deliberative body, weighing the long-term consequences of proposed legislation.

c) The Senate can make hard decisions on controversial topics and ride out public discontent.

d) More immune from popular passions of the day.

e) Senators were originally chosen by state legislatures to represent state issues at the federal level.

f) The 17th Amendment (1913) provided for direct elections of Senators by the people.

2. The Duties and Responsibilities of Congress

A) Make laws; this is the primary function of Congress.

B) Serve Constituents

1) Constituent - the people who live in the state or district represented by a Senator or Congressman.

2) Ombudsman - The role that Congressmen and Senators serve in which they act as a link between their constituents at home and the federal government in Washington.

3. Practice Oversight

A) Monitors and oversees the executive branch / Congressional investigations. Lawmakers routinely ask congressional support agencies, such as the General Accountability Office (GAO), to study the workings of an executive agency.

B) Congress may use the appropriation (spending) process to expand, cut back, or eliminate programs when it reviews the federal budget each year.

C) Congress requires executive agencies to submit reports on their activities.

D) Approves appointments to the federal bench.

E) Conducts investigations.

4. Voting in Congress

A) There are three distinct methods by which Congressmen and Senators may cast their votes.

1) Faithfully carry out the wishes of your constituents regardless of personal opinion.

2) Make own judgments in decision making regardless of constituent pressures.

3) Faithfully follow the political party line to which they belong (Democrat or Republican).

B) The primary factor influencing voting behavior of legislators is the amount of public attention an issue receives. When an issue has a high profile members tend to vote with the public opinion. When an issue has a low profile, members tend to use their own judgment or vote with their party.

5. Influencing Congress (Background)

A. Many factors influence a lawmaker’s decision on any given topic.

B. Most lawmakers agree that that the most important influences are the voters, their political parties, the president, and special interest groups.

C. Voters(most people expect lawmakers to . . .)

1) Put the needs of their district ahead of national interests.

2) Place the wishes of the people above their own judgment.

3) Most congressional voting records reflect those expectations.

D. Political Parties

1) Representatives vote the party line more than 70% of the time.

2) Senators tend to be more independent.

3) Party influences on congressional voting are strongest on issues related to the economy and social welfare.

4) Party voting is weaker on international issues.

E. The President

1) Presidents put pressure on Congress through televised addresses designed to sway public opinion for or against legislation.

2) Presidents can also use their powers to influence a vote by giving or withholding approval for federal projects, such as dams, that benefit a member’s constituents.

F. Interest Groups

1) Individuals, known as lobbyists, try to persuade government officials to support the policies favored by particular interest groups.

2) Encouraging citizens to write letters supporting or opposing legislation that will affect an interest group is one of the lobbyist’s most effective tools.

3) In recent years interest groups have also set up Political Action Committees (PACs), political fund-raising groups to influence Congress.

4) PACs use the funds that they raise to support or oppose candidates during elections.

6. Whom Congress Represents

A) Congress represents the closest connection the American people have to their government.

B) Members are directly elected by the voters unlike the President and the Courts.

C) "The people's voice in government."

D) Congress communicates with the public in a variety of ways.

1) Newsletters and questionnaires.

2) Visiting the home district.

3) Radio and television interviews.

4) Appearing on cable television (C-SPAN).

7. When Congress Meets.

A) According to the Constitution, Congress must meet once a year for as long as necessary at the same time and place.

B) Congressional terms have been numbered since 1789 (Example –112th Congress is serving from 2010 to 2012).

C) Following the November election in even number years, the new Congress takes over in January.

D) Activities at the beginning of a term.

1) Caucuses(A meeting of the party members)

a) The party with more members in the House or Senate is called the majority party.

b) The other party with fewer seats is called the minority party.

c) Before a new term begins, Democrats and Republicans meet in a separate party meeting called a caucus.

d) The purpose of a caucus is to plan legislative strategy for a new term and help party members act as a unified force when voting on legislation.

2) Opening Day.

a) Swearing in of members.

b) In the House of Representatives, the election of a Speaker.

c) Adoption of Rules and Procedures.

d) Selection of committee chairpersons.

8. Profile of Congress (Who They Are)

A) Typical profile - Well educated white males, middle aged, and come from professional backgrounds.

B) Incumbents - People who have been re-elected to Congress/most incumbents are returned to office.

C) Democrats in Congress tend to be more diverse than Republicans in terms of race, religion, gender, and ethnicity.

Section Two - The Senate

1. Background Information

A. The upper house of Congress

B. 100 Senators - 2 from each state - A Senior and Junior Senator - Ranking based on years of service.

2. Election of Senators.

A. Senators are elected for six years terms; there are no term limits for legislators – they may run as long as they want.

B. Members who are re-elected to Congress are known as incumbents.

C. Both Senators from the same state never run for election in the same year unless a vacancy occurs because of death, retirement, resignation, or expulsion.

D. Terms and Qualifications.

1) Six-year term.

2) 1/3 of the Senate is up for election every two years.

3) Must be a U.S. citizen for nine years.

4) Be at least 30 years of age.

5) Be a resident of the state they represent.

2. Senate Leadership

A. Vice President of the United States

1) The official leader of the upper house is the called the President of the Senate.

2) His only job is to cast a tie-breaking vote if needed.

C. President Pro Tempore

1) A member of the Senate who temporarily presides over the Senate when the Vice-President is absent.

2) A largely honorific position required by Constitution; selected by the majority.

3) The President Pro Tempore is third in line to the Presidency behind the Vice President and the Speaker of the House.

D. Majority Leader

1) A member elected by party members to lead them in the Senate.

2) This is the individual who is in charge of the Senate.

3) The primary job of the majority leader is to ensure the daily business on the floor flows smoothly.

4) Has a great deal of power over what legislation is approved by the Senate.

E. Minority Leader

1) Member of a legislative house elected by members to lead the minority party.

2) Leads challenges to the majority policy decisions.

3) Chief spokesperson for his or her party in the Senate.

F. Majority and Minorities Whips

1) The second in command to the majority and minority leaders.

2) Helps the party leader stay informed about what party members are thinking.

3) Rounds up members when important votes are to be taken.

4) Attempts to know likely voting on a controversial issue.

5) Several deputy whips assist the Whip in doing his/her job.

6) The term “whip” comes from a foxhunting expression – “whipper-in” – referring to the member of the hunting party responsible for keeping the dogs from straying from the team during a chase.

G. Pennsylvania’s Senators

1) Robert “Bob” Casey – Democrat.

2) Pat Toomey – Republican.

Section Three - The House of Representatives

1. Background Information

A. 435 seats are filled according to state population.

B. Regardless of population, each state is guaranteed at least one representative.

C. Apportionment (distribution) of seats to states is based on the U.S. Census that takes place every ten years.

D. Since the 1930s, the number of House seats has remained the same - 435.

E. Population shifts will causes states to gain and lose seats.

F. In 2010 – Pennsylvania had 19 members of the House and 19 Congressional Districts. Following the 2010 census, Pennsylvania lost one seat in the House due to a declining population base.

G. Lancaster County is located with PA-16 Congressional District. Our Congressman is Joseph Pitts, Republican.

2. Qualifications to Serve

A. Must be a U.S. citizen for at least 7 years.

B. Must be at least 25 years old.

C. Must be a resident of the state they will represent.

3. Representation

A. Representatives are elected from congressional districts within each state.

B. Following the national census, states either lose or gain seats in the House of Representatives.

C. It is the responsibility of each state legislature to re-draw the congressional districts following re-apportionment.

D. District must have two requirements:

1) Must have adjoining boundaries.

2) Must have relatively equal population as other districts.

C. Gerrymandering

1) The process of redrawing congressional districts in order for a party to remain in power.

2) Gerrymandering may result in bizarre or unusual shapes.

3) The term “Gerrymandering” first originated in Massachusetts in 1812 when political cartoonists accused Governor Gerry of redrawing political boundaries into shapes that resembled a salamander. Gerrymandering is a merger of the governor’s surname and salamander.

3) Since 1964, Gerrymandering has been illegal.

4) The courts may intervene and redraw the boundaries of congressional districts but usually avoid getting involved in political disputes.

5) Fairness is not a factor in Gerrymandering. Which ever party controls the state legislature of a given state will attempt to carve out districts that are safe for their party while weakening the districts of the opposition party.

6) Methods of Gerrymandering

a) Packing

1) Maximizing the effective votes of supporters.

2) Placing as many voters of one type into a single district to reduce their influence in other districts.

b) Cracking

1) Minimizing the effective votes of opponents.

Spreading out voters of a particular type among many districts in order to reduce their representation by denying them a sufficiently large voting block in any particular district.

4. Leadership in the House of Representatives.

A. Speaker of the House

1) The most powerful leader in the House of Representatives.

2) Represents the majority party along with the Majority Leader.

3) The Speaker will become President if the President or Vice President cannot serve.

4) Main duties:

a) Reside over the House.

b) The Speaker decides who may or may not speak on the House floor.

c) Announces the order of business.

d) Calls for votes.

e) Decides the fate of bills.

B. House Majority Leader

1) Leader of the majority party.

2) Coordinates votes and ideas with the Speaker.

3) Second in charge of the House of Representatives.

C. House Minority Leader

1) Leader of the minority party.

2) Leads challenges to majority policy decisions.

3) Next in line to become Speaker if the minority party captures the majority in the next election.

D. House Party Whips

1) Assists in coordinating the party caucus in its responses to legislation and other matters.

2) Fulfills the same function as the Whips in the House of Representatives.

Section Four - Compensation & Congressional Support Staff

1.Compensation for Legislators.

A. Salaries

1) Congressional member salary $174,000 (2010)

2) Majority & Minority Leader salary $193,400 (2010)

3) Speaker of the House salary $223,500 (2010)

A. Benefits.

1) Free office space in Washington D.C. & home district.

2) Retirement pension.

3) Medical and dental insurance.

4) Free mail service (franking privilege)

5) Travel allowance.

B. Privileges

1) Members cannot be arrested while performing their duties.

2) Free speech while conducting congressional business.

a) Cannot be sued for libel.

3) Exempt from many laws / Congressional Immunity

a) May discriminate in employment.

b) Exempt from safety and health standards.

c) Do not have to open their records to the public.

2. Staff

A. Personal Staff

1) Deal with constituency requests and with many details of legislation.

2) Representatives and senators employ nearly 11,000 staffers in Washington and home offices.

a) Administrative assistant.

b) Legislative assistants.

c) Caseworkers.

d) Press Aides.

B. Committee Staff

1) Aides to assist Congressmen and Senators on committee business.

2) There are roughly 3,000 committee staffers.

3) Provide specialized expertise.

C. Staff Agencies

1) Congressional Research Service (CRS)

a) Research arm of Congress.

b) Nonpartisan, objective analysis and research.

2) General Accountability Office (GAO)

a) Non-partisan audit, evaluation, and investigative arm of Congress.

b) Watchdog of Congress / the taxpayers best friends.

3) Congressional Budget Office (CBO)

a) Provides estimates of spending and revenues for Congress.

b. Projects the budgetary effects of proposed legislation.

Section Five - Congressional Committees

1. Background Information

A. Most of the work of Congress is done in committees.

B. Bills are introduced, hearings are held, and first votes on proposed laws are taken.

C. 250 committees and sub-committees in Congress.

D. All legislation is referred to committees.

E. The crafting of legislation takes place in committees.

F. The Purpose of Committees

1) Research an area of public policy

2) To hear from interested parties.

3) To develop the expertise of its members.

G. Appointment of Committee Members

1) Committee make-up reflects the numbers of Democrats and Republicans in a specific chamber of Congress.

2) Each party has a committee that assigns its members to committees.

3) Generally, party leaders play a major role in assignments.

H. Committee Chairs

1) Chairs are the leader of a given committee.

2) All chairs are from the majority party.

3) The majority party in each chamber establishes rules for selecting chairs.

4) Usually appointed based on seniority of service.

5) The Chair’s power is extensive. The Chair controls the committee’s agenda and may prevent the committee from approving a bill or presidential nomination.

2. Types of Committees

A. Standing Committees

1) More or less permanent, continuing bodies with specified legislative responsibilities.

2) Most important because they are the only ones that can propose legislation by reporting a bill out to the full House or Senate.

3) Fixed membership, officers, rules, staff, offices, and jurisdiction recognized by all other committees and the leadership.

4) Oversee the departments and agencies of the executive branch.

5) Have the power to hold hearings and to subpoena witnesses and evidence.

B. Current Standing Committees

1) Senate

a)Agriculture, Nutrition and Forestry.

b)Appropriations

c)Armed Services

d)Banking, Housing, and Urban Affairs.

e)Budget

f)Commerce, Science, and Transportation.

g)Energy and Natural Resources.

h)Environment and Public Works.

i)Finance

j)Foreign Relations

k)Governmental Affairs

l)Judiciary

m)Labor and Human Resources

n)Rules and Administration

o)Small Business

p)Veterans Affairs.

2) House of Representatives

a)Agriculture

b)Appropriations

c)Banking, Finance Services

d)Budget

e)Commerce

f)Economic Opportunity

g)Government Reform and Oversight

h)House Oversight

i)International Relations

j)Judiciary

k)National Security

l)Public Lands and Resources

m)Rules

n)Select Intelligence

o)Small Business

p)Standards of Official Conduct

q)Technology and Competitiveness

r)Transportation and Infrastructure

s)Veterans Affairs

t)Ways and Means.

C. Select Committees

1) Temporary committee.

2) May be established on an ad hoc basis for a specific purpose (examples – Watergate & 9/11 investigations).

3) Such temporary committees cease to exist after fulfilling their tasks.

D. Joint Committees

1) Committees on which both Senators and Representatives serve.

2) Some joint committees oversee independent government bodies or serve to make advisory reports.

3) The power of joint committees in considerably lower than those of standing committees.

E. Conference Committees

1) A temporary committee to resolve differences between the House and Senate versions of legislation in order to make it acceptable to both houses before being sent on to the President.

Section Six - The Powers of Congress

1. Specific Powers

A. Enumerated Powers

1) Congress is given 17 enumerated powers as listed in Article 1 Section 8 of the U.S. Constitution.

2) Among these powers is the power to tax, regulate commerce, coin money, and declare war.

3) The Enumerated Powers contained in Article 1, Section 8:

A) The Congress shall have Power To lay and collect Taxes, Duties, Imports and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.

B) To borrow money on the credit of the United States.

C) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

D) To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States.

E) To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures.

F) To provide for the Punishment of counterfeiting the Securities and current Coin of the United States.

G) To provide for the Punishment of counterfeiting the Securities and current Coin of the United States.

H) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

I) To constitute Tribunals inferior to the Supreme Court.

J) To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.

K) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.

L) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.

M) To provide and maintain a Navy.