Composition of the Senate:
Congress is made up two legislative houses
- House of Representatives and the Senate
- 100 senators, two from each state
- Less than 1/4 the number of seats as the House
Senators represent a larger base of constituents than House members do
- Senators must be at least 30 years of age
- Must be resident of the state they're representing
- Must have been US resident for at least nine years
- Only 1/3 of the senate is up for reelection at a time
- In the early years the senate thought they were superior to the House and they even snubbed Washington when he tried to use them for an advisory board
The House has often viewed the Senate as snobbish
- House was designed to directly represent the will of the people and was therefore chosen by popular election
- Senators were expected to represent the will and interest of those in power in a given state
- Since the system for electing senators became corrupt, the 17th amendment was added in 1913 stating that senators shall be elected by the people through popular election
- House members and senators tend to be white, male, wealthy, and have a law or business background
Congressional representation is described as substantive rather than descriptive representation
Power, Committees, and Debates
- Power in the Senate is not as clearly defined as it is in the House, and it's more widely dispersed
Constitution makes the VP the president of the Senate
- The real power is held by the majority and minority leaders who dictate legislative agenda
- The party whips are the senators who ensure good communication among party members and work with the party leaders to urge members to vote with the party on key issues
- Committee and sub-committee chairpersons also command significant power
Constitution delegates specific powers to the senate
- Power gives the Senate particular authority and influence over the president and executive department
- Senate has power to confirm the most important presidential appointments
- "Senatorial courtesy" is the practice whereby the president before making a judicial appointment in a particular state
- When a candidate has made it through senate approval a simple Senate majority is required to confirm the appointment
- Also has the right to confirm treaties and try impeached officers
- 2/3 votes is required for a treaty confirmation
Senate committees operate similarly to the House committees
- 16 standing committees
- Senators try to serve on committees that will allow them to affect legislation that will impact their home state
- Senate is different in how it conducts business and determines legislation
- Senate has held itself out to be a contemplative body that is willing to spend more time discussing
- Senate has opened and unrestricted debate on bills
Filibuster: Strategy used to lock legislation
Route of a Bill through Congress
- Bill: Piece of legislation that has been proposed, but not passed
- Bills can come from many sources, but only the congress have the right to introduce them for consideration
- Only pass 5% of bills proposed
Two types:
- Public: affects all citizens and encompass such issues such as taxes and how government money is spent
- Private: Affect small groups, individuals or places. Bills may appropriate money owed to citizens
Congress passes resolutions
After bills have been logged, the Speaker of the House assigns them to committees based on the nature of the bills
- Matches each bill's content to a committee for consideration
- Assigning bills to committees can be difficult when bills have overlapping area of concern
- Committee assignment can be critical because the committees sort through bills and determine which ones will be considered
Once in committee a bill moves to a special sub-committee for consideration
- Examines the bill, holds hearings, and adds amendments
- The sub-committee votes on the bill
- If approved the bill returns to the full committee for final discussion and approval
Rules Committee: Acts as the legislative clearinghouse
- Assigns calendar date for the bill and rules that will limit how long the bill can be debated
- Also decides not to assign rules for bills
Then passes to the House floor
- Either the House can act as a Committee of the Whole or the House can debate, amend, and put the bill to a vote
Committee of the Whole: members of the House become one large committee
- Accelerate the legislative process because only 100 members need to be present
- When the house converts to the COTW the speaker becomes a member of the committee and a different rep. acts as the committee chair
- COTW cannot pass a bill, so after the Committee finished discussion on a bill, its member disband
There are several methods of voting:
Voice vote: shouting 'yea' or 'nay'
- Speaker declares outcome, but votes of individuals is not recorded
Teller vote: walk between two "tellers" appointed by the Speaker
- Those voting in favor of the bill go first followed by those who are opposed
- When one or more members disagree with the tally from voice vote the house holds another vote by division or standing
Roll-call vote: when one 1/5 of the house is present
- Members respond individually with "yea" or "nay" when their names are called -Recorded
- If the whole House approves a bill, the bill moves to the Senate
Senate acts on the bill like the house does
- Assigned to a committee (uses same vote methods)
Four differences:
Veto Power and Judicial Review
- After both the House and the Senate approve a bill it moves onto the president for his action
Four actions the pres can take
- Pres can sign the bill into law
Veto the law
- The bill sits on the president's desk for ten days excluding Sundays at the end of which it becomes law
- Pres might choose to let the bill be law if it is highly controversial and contrary to his campaign promises
- Constitution provides that the pres can use a pocket veto
Although the Congress can pass a bill and the pres can sign it into law
- Judicial branch has final word
- Judicial review provides that the Supreme Court can declare a law unconstitutional
- Many laws have failed judicial review
- Many groups lobby heavily for and against bills during all stages of the legislative process
- Additionally the public can act as lobbyists by sending letters and e-mails and by making phone calls to legislatures
Congress members can also be called lobbyists by making deals with their fellow legislators
- Sparring and deal making can be frenzied in cases of port-barrel legislation
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