Chapter 12: Congress
Chapter Review
Congress: Representing the American People
Congress is the most important representative institution in American government, yet Americans’ mistrust of Congress has grown stronger at the same time society’s access to Congress has increased. “Sunshine reforms” of the 1920s dramatically opened an entrance to Congress, yet the growing influence of money in politics may make Congress more responsive to higher income voters and resource-rich interest groups.
I. How does Congress represent the United States as a whole? In what ways is it not representative?
- The task of representation is not a simple one. Views about what constitutes fair and effective representation differ, and constituents can make very different kinds of demands on their representatives.
- The framers of the Constitution provided for a bicameral legislature with House and Senate to serve different constituencies.
- The Senate, originally chosen by the state legislatures and serving six-year terms, was to represent the elite members of society.
- The House, always elected by the voters in congressional districts and serving two-year terms, was to represent the people or well-organized local interests.
- Institutional rules and procedures make the Senate the more deliberative of the two chambers.
- There are two circumstances under which a person reasonably might be trusted to speak for another—sociological representation and agency representation.
- Women and minorities are significantly under-represented in Congress, while wealthy white men are over-represented.
- Since the Congress does not reflect the social composition of the United States, we must rely on agency representation to ensure that members of Congress will speak for the individuals they represent.
II. In what specific ways do members of Congress act as agents for their constituencies?
- Members of Congress work hard to represent their constituent interests, and party leaders do not ask any member to vote in a way that would conflict with district interest.
- Members of Congress act as agents for their constituents through case work or constituent services such as talking to constituents, providing minor services, presenting special bills, and attempting to influence regulatory agencies.
III. In what ways does the electoral system determine who is elected to Congress?
- The sociological composition of Congress and the activities of representatives once they are in office are very much influenced by electoral considerations.
- Three factors affect who gets elected and what they do—who decides to run, the advantage of incumbency, and the way congressional districts are drawn.
- Recent redistricting battles illustrate the importance of drawing district lines in deciding who wins in individual races and who controls Congress.
- Pork barrel spending is a time-honored way for members of Congress to bring federal dollars to his or her home district and is often added onto controversial bills to help them pass.
The Organization of Congress
I. What are the basic building blocks of congressional organization? What is the role of each in forming legislation?
- The building blocks of congressional organization include the political parties, the committee system, congressional staff, the caucuses, and the rules of the House and Senate.
- Every two years, the members of each party gather in conference to elect their leaders.
- The elected leaders of the majority party include the Speaker of the House, a majority leader, and party whip. The elected leaders of the minority party include a minority leader and party whip.
- Formal leadership in the Senate is established by the Constitution—the vice president serves as president of the Senate and a president pro tempore is chosen from the majority party.
- Informal leadership in the Senate is in the positions of majority and minority leaders.
- Parties are also important in negotiating with the executive branch.
- The committee structure in the House and Senate include standing committees (and their subcommittees), joint committees, select committees, and conference committees.
- In an effort to increase the influence of party leaders on policy making, the Republican leadership weakened the power of committees in 2001.
- Members of Congress rely on their staffers to draft proposals, organize hearings, and negotiate with interest groups and other representatives.
- In addition to individual members, congressional committees and agencies also have large staffs.
- Support agencies, including the General Accounting Office and the Congressional Budget Office enhance Congress’s ability to oversee the executive branch.
- Members of Congress also form informal caucuses to pursue common interests.
Rules of Lawmaking: How a Bill Becomes a Law
I. How do the rules of congressional procedure influence the fate of legislation and determine the distribution of power in Congress?
- Legislation is influenced by institutional structure and the procedural requirements of the legislative process.
- The rules make it much more likely that a bill will never become a law.
II. How does a bill become a law?
- A bill is drafted or proposed by a member of Congress, the White House, or a federal agency, but it does not become an official bill until it is introduced in either the House or Senate by a member of Congress.
- The bill is then referred to the appropriate standing committee with jurisdiction over the subject matter of the legislation and then assigned to subcommittee for markup. Ninety-five percent of bills die in committee.
- If the bill is successfully voted out of committee, then it is sent to the House Rules Committee for a rule or submitted for unanimous consent in the Senate.
- Debate is limited in the House pursuant to the rules imposed by the Rules Committee.
- The Senate, however, places no limits on debate, bringing about the possibilities of a filibuster and cloture proceedings.
- Voting on legislation can be done by voice vote or by roll call.
- A conference committee is called if differences exist between the House and Senate versions of a bill, and the report of the conference committee must be approved by both chambers before it is sent on to the president.
- The president may sign the bill into law, allow it to become law without his signature, or veto the legislation (veto message or pocket veto).
- A presidential veto may be overridden by a two-thirds vote of both chambers.
How Congress Decides
I. What sorts of influences inside and outside of government determine how members of Congress vote on legislation? How do these influences vary according to the type of issue?
- A number of external influences affect how members of Congress vote, including the members’ constituency and interest groups.
- In recent years, Republicans have tried to tighten their relationship with influential lobbyists on K Street in Washington.
- Concern over recent convictions of a prominent Republican lobbyist for bribery and influence peddling led Congress to enact new ethics in legislation in 2007. The new law set restrictions on congressional travel, gifts, and earmarks.
- A number of internal influences sway members’ votes, including party leadership, congressional colleagues, and the president.
- Constituent influence may be the most important factor in regard to how a member of Congress votes on the floor.
- The less salient the issue is to the members’ constituents, the more likely that other external or internal influences will come into play.
Beyond Legislation: Other Congressional Powers
I. Besides the power to legislate, what other powers allow Congress to influence the process of government?
- Congress has the power of oversight—the power to monitor or review the activities of the agencies and departments of the executive branch.
- Congressional oversight has recently become a political tool. Republicans heavily investigated the presidency of Democrat Bill Clinton but have failed to scrutinize Republican George W. Bush.
- The Senate has the power of advice and consent over treaties and appointments to executive departments and judicial positions.
- Finally, Congress has the power to impeach executive and judicial officials and remove them from office on conviction by the Senate.
Thinking Critically about Congress and Democracy
I. How do the institutional features of Congress affect meaningful representation?
- A member of Congress can interpret his job as either a delegate or trustee.
- However, the institutional features of Congress seem to impair meaningful representation by giving undue power to wealthy constituents and organized interests.
- The 2005 Energy Bill, which wealthy special interests helped write in secret meetings with Vice President Dick Cheney, illustrate the cozy relationship between wealthy special interests and Congress.
- Despite reform attempts in the 1920s, recent scandals have reinforced the belief among many Americans that Congress is for sale.