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
- Senators must be at least 30 years of age
- 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 was designed to directly represent the will of the people and was therefore chosen by 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
- House of Representatives and the Senate
- 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
- The real power is held by the majority and minority leaders who dictate legislative agenda
- 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
- Power gives the Senate particular authority and influence over the president and executive department
- 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
- 16 standing committees
- 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
- Occurs when opponents of a proposed piece of legislation debate the topic as long as possible to prevent senate from voting
- Filibuster can be deterred
- Motion for cloture (vote to limit debate and end a filibuster can be entertained in the Senate
- Senators voting usually vote along strict partisan lines and requires 3/5 majority to pass
- Motion for cloture (vote to limit debate and end a filibuster can be entertained in the Senate
Route of a Bill through Congress
- Occurs when opponents of a proposed piece of legislation debate the topic as long as possible to prevent senate from voting
- 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
- Public: affects all citizens and encompass such issues such as taxes and how government money is spent
- Congress passes resolutions
- Uses resolutions to state opinions on matters, change the procedures of their individual bodies, and address issues within the houses
- Since resolutions pertain to the house of Congress, they are not laws, and president does not have to sign them
- Joint Resolution: employed to address incidental or short-term matters
- Once passed by both houses of Congress, a joint resolution becomes law, so the pres doesn't need to sign it
- Once passed by both houses of Congress, a joint resolution becomes law, so the pres doesn't need to sign it
- Concurrent Resolutions: Address situations in which the houses of Congress must act together
- Congress issues concurrent resolutions to state its position on matters of foreign policy
- Differ from joint resolutions in that once passed they do not become laws
- Pres doesn't need to sign
- Differ from joint resolutions in that once passed they do not become laws
- Uses resolutions to state opinions on matters, change the procedures of their individual bodies, and address issues within the houses
- 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
- 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
- Examines the bill, holds hearings, and adds amendments
- 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
- Assigns calendar date for the bill and rules that will limit how long the bill can be debated
- 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
- 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
- Accelerate the legislative process because only 100 members need to be present
- There are several methods of voting:
- Voice vote: shouting 'yea' or 'nay'
- Speaker declares outcome, but votes of individuals is not recorded
- 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
- 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
- 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)
- Assigned to a committee (uses same vote methods)
- Four differences:
- Senate does have a Speaker of the house, so the Majority Leader confers with the Minority Leader to decide which committee will handle a bill
- Senators can add unlimited amendments to a bill including ones that do not relate to the context
- Reps can serve on only one major committee at a time
- Senate does not have a Rule Committee to limit debate time
Veto Power and Judicial Review
- Senate does have a Speaker of the house, so the Majority Leader confers with the Minority Leader to decide which committee will handle a bill
- 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
- If he vetoes the bill it returns to its origin along with an explanation for the veto
- Congress can accept the veto or it can vote to override the president's decision
- Needs 2/3 vote
- Needs 2/3 vote
- If he vetoes the bill it returns to its origin along with an explanation for the veto
- The bill sits on the president's desk for ten days excluding Sundays at the end of which it becomes law
- Pres can sign the bill into 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
- Judicial branch has final word
- 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
- Sparring and deal making can be frenzied in cases of port-barrel legislation