1

Charting Congress

ELEVEN THINGS TO KNOW ABOUT CONGRESS

1  The role of compromise and bargaining

2  The role of personality and political savvy

3  Role of citizens and how they influence their reps

4  Congress is a complex institution

5  Congress is an institution of people not just members

6 What Congress does affects you

7 Congress does not stand alone It is integrated in the entire government

8 The process matters 9 Members respond to their

constituents 10 Elections matter 11 Congress embodies the

messy processes that is part of democracy

Ten Things to Know about the House of Representatives

I  The embodiment of Representative Democracyndash representing ldquothe rights of every class of peoplerdquo George Mason

II  Reapportionment and redistricting- ldquoOne man one voterdquo III  The House is run by the numbers- majority rules ldquothe role of

the minority is to draw their paychecks and help make a quorumrdquo Speaker Reed

IV  The House reinvents itself every two years Founders wanted the electorate to be the corrective device if the House was not responsive to the people Therefore frequent elections are held

V  The Role of the Speaker- Constitution role with no constitutional duties Most of the power depends on the energy and drive of the individual and the size of the majority

2

Ten Things to Know about the House of Representatives

VI The Power of Impeachment- a political and constitutional process not a criminal process (50 impeachments15 trials) The greatest check Congress has on the executive and judicial branches VII The Power to Elect the President VIII All Bills of Revenue Begin in the House- House closest to the people would be the most sensitive to public concerns on taxing and spending IX Representatives Get No Respect- I love my congressman but I hate Congress Pork caseworking and other incumbent advantages X Is Pork Good for You Yes if it is coming to your district

otherwise it is bad (2 of the budget)

OK I lied Twelve Things to Know about the House

XI House Committees- Where the work gets done A way to divide the workload into major areas of legislation Some committees are

more powerful than others Appropriations Ways and Means and House Rules Committee The power of the chair to run their fiefdoms in a despotic way- Woodrow Wilson XII The Virtue of Inefficiency- ldquoIf you want efficient government get yourself a dictatorrdquo Speaker OrsquoNeill The House is where the varying wills of the nation come together Compromise is the art of politics

3

Ten Things To know about the Senate and No I am not Lying

I Why just 100 senators A safeguard against majority rule All voices are equal and all voices will be heard even a minority of one

ldquothat measures are too often decided not according to the rules of justice and the rights of the minor party but by the superior force of an overbearing majorityrdquo James Madison

II Why do senators serve six year overlapping terms A check on the democratic impulses of the House and insulated from the pressures of public opinion Additional insulation from the people because senators would be elected by state legislatures Overlapping terms would

provide stability and continuity of the new government

Ten Things about the Senate 17th amendment and what overlapping terms mean to us today bull  An ongoing source of stability and continuity bull  Expertise and knowledge on legislative matters continues from one

congress to the next bull  Impeachment proceedings can span two congresses without the

need to re-adopt impeachment rules or procedures bull  Treaty negotiations which often take years to complete proceed

without interruption bull  Despite the cycles of politics the trauma of war or the benefits of

peace the Senate is always there always operating

Ten Things about the Senate III  Why does the Senate have different qualifications than House

members ldquois to consist in its proceeding with more coolness and with more wisdom than the popular branchrdquo James Madison ldquoOf what use is the Senaterdquo he asked Washington as he stood before the fire with a cup of tea in his hand As he asked the question Jefferson poured some of the tea into his saucer swirled it around a bit and then poured it back into the teacup ldquoYou have answered your own questionrdquo Washington replied ldquoWhat do you meanrdquo Jefferson asked ldquoWhy did you pour the tea into your saucerrdquo ldquoTo cool itrdquo said Jefferson ldquoJust sordquo said Washington ldquothat is why we created the Senate The Senate is the saucer into which we pour legislation to coolrdquo

4

Ten Things about the Senate IV Why was the Senate chosen as the High Court of

Impeachment a smaller continuing body of older and more experienced members that is insulated from public pressures Also the cooling factor Requiring a 23 vote will require transcending partisan politics V What is the significance of the Senatersquos ldquoadvise and consentrdquo powers See the above Not wanting to give the president sole power to negotiate treaties and not trusting the partisan House that

was too large and too unwieldy the senate was the best choice Senators as representatives of the states gave the states some voice in foreign affairs

Ten Things about the Senate VI Why is the Vice President the constitutional ldquoPresident of the Senaterdquo and is he a legislative or executive officer Basically to give him something to do instead of just waiting for the president to die (Tidbit John Adams holds the record of breaking

tie votes 29 times Average is 5 The Senate pays his salary) ($230700year)

VII Why does the Senate have different leadership than the House ldquoThe senate is ruled from the floor not from the chairrdquo The small nature of the Senate meant that Speakers would not be needed Leaders would emerge from regional factions then those men that controlled major committees and by the 1920s party leaders would be elected Since the senate places emphasis on minority rights both the majority and minority leaders are important

Ten Things about the Senate VIII Why does the Senate permit filibusters The practice is well suited for a small deliberative body that was designed to protect minority rights Both Senate and House had filibusters but the House quickly ended the practice In todayrsquos environment filibusters and holds can be an educational tool for public The public gets to hear the arguments from both sides and public opinion can shift from opposition to support of the bill (Civil Rights Act 1964) IX Is it proper to call the Senate the ldquoupper bodyrdquo Framers created the two houses as equal bodies in the legislative process Informally it is referred to as the upper body because of comparison to House of Lords and because the Senate was on the second floor and the House on the first floor in Philadelphia

5

Ten Things about the Senate X Why is the Senate Chamber so empty when I watch C-SPAN In the beginning the senators did not have offices so they worked at their desks and would be drawn into debates Today there are three Senate office buildings committee rooms and hearing rooms Most of the action is taking place there and not on the floor Senators come to the floor to debate add amendments and to cast votes

The Four Ps bull  Place in the sense of context What happens in Congress does not take

place in a vacuum

bull  Elements of ldquoplacerdquo include the partisan landscape

bull  the nature of the nationrsquos issue agenda bull  relationships between Congress and other branches of government

bull  characteristics of a memberrsquos district or state congressional elections

bull  publicrsquos perception of Congress bull  and the Capitol Hill campus itself

Processes

Much of the scholarship on Congress deals with processes broadly defined Elements of ldquoprocessrdquo include Constitutional provisions and the structure of Congress congressional powers committees the law-making process floor procedures and voting and reform efforts

6

People

Congress is more than a constitutional entity and a set of processes It is a community too The people who serve and work there matter Elements of ldquopeoplerdquo include senators and representatives congressional leaders as a subset of the membership staff and factors that influence member behavior (eg decision-making) such as constituents lobbyists and interest groups and cultural norms

Products Eventually what Congress does or does not do has an impact and a result To borrow a concept from corporate America Congress produces a product Elements of ldquoproductrdquo include the laws and public policies created by legislative action congressional oversight of public policy and the ability of Congress to draw attention to issues

Difficulty of Being a Congressperson 10485761048577104857810485791048580104858110485821048583104858410485851048586104858710485881048589104859010485911048592104859310485941048595104859610485971048598104859910486001048601104860210486031048604104860510486061048607104860810486091048610104861110486121048613104861410486151048616104861710486181048619104862010486211048622104862310486241048625104862610486271048628104862910486301048631104863210486331048634104863510486361048637104863810486391048640104864110486421048643104864410486451048646104864710486481048649104865010486511048652104865310486541048655104865610486571048658104865910486601048661104866210486631048664104866510486661048667104866810486691048670104867110486721048673104867410486751048676104867710486781048679104868010486811048682104868310486841048685104868610486871048688104868910486901048691104869210486931048694104869510486961048697104869810486991048700104870110487021048703 Balancing Act Washington Party Special interests Personal self Constituents Questions to consider To what extent does it matter if they belong to a specific group Do voters force one into a contractual obligation

7

You choose a member indeed but when you have chosen him he is not a member of Bristol but he is a member of Parliament -Edmund Burke

Voting Roles of members of Congress

Trustee

Delegate

Partisan

Politico

Substantive representation

Congressional Votes Need to Pass

Override a veto 23 vote in both Houses

Confirm a SC Justice Majority in Senate

Confirm a V-President (25th Amendment)

Majority in both Houses

Pass a Bill Majority in the House

Confirm ambassadors confirm cabinet Majority in Senate

Cloture on a Filibuster 60 votes in the Senate

To bring Articles of Impeachment Majority in the House

Conviction and Removal from Office (Impeachment Trial)

23 Vote in the Senate

Propose an Amendment 23 of Congress

To approve a treaty 23 of Senate

Differences between the House and the Senate At-a-Glance House Senate

Larger - 435 members Smaller - 100 members Shorter term - 2 years Longer term - 6 years Four calendars (Union House Private and Discharge) Two calendars (Legislative and Executive) Less procedural flexibility more restraints More procedural flexibility fewer restraints Stronger Leadership - power less evenly distributed Weaker Leadership - power more evenly distributed Role of Rules Committee and special rules to govern floor consideration Unanimous consent and complex unanimous consent time agreements to

govern floor consideration Scheduling by Speaker and majority-party leadership with limited consultation among members

Scheduling by majority-party leadership with broad consultation among all members

Germaneness of amendments generally required Germaneness of amendments rarely required Presiding officer has considerable discretion in recognition rulings rarely challenged

Presiding officer has little discretion in recognition rulings frequently challenged

Debate always restricted Debate rarely restricted Debate-ending motions by majority vote (218 representatives) Cloture invoked by three-fifths vote (60 senators) Quorum calls permitted in connection with record votes Quorum calls permitted almost any time and used for constructive delay Narrower constituency - House District Larger constituency - entire state Elections generally less competitive Elections generally more competitive Specialists Generalists Less reliant on staff More reliant on staff Less media coverage More media coverage More partisan Less partisan Adjourns at end of day Recesses at end of most days Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

8

111th Congressional Stats bull  Women bull  House- 78 bull  61 (D) 17 (R) bull  Senate- 17 bull  13 (D) 4 (R)

bull  Minorities bull  African American bull  House- 41 (D) bull  Senate- 1 (D) bull  Hispanics bull  House- 28 22 D 6 R bull  Senate- 3 2 D 1 R bull  Asians bull  House- 9 7 D 2R bull  Senate- 2 D

9

The Size of Bills

bull  Question Where is the best place to hide a tree

bull  Answer In a forest bull  Question Where is the best place to hide

pork or special favors bull  Answer In a two thousand page bill that

members donrsquot read

Why are they so many pages to Bills

The 1956 Federal Highway Act that created our 47000 miles of interstate highway was 29 pages long

Bills are getting larger because

bull  some bills go through multiple committees

bull  satisfy interest groups members of Congress presidents important citizens

bull  partisanshipndash we got to get it while we can or we add all this stuff to make the bill distasteful

bull Going global- moving the ball down field wonrsquot do itrsquos the hail Mary pass for the big touchdown -All or nothing- increments wonrsquot do

10

Contributions from Health Sector to Congress

Number of Lobbyist Influencing Health Care Reform 2009

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

2

Ten Things to Know about the House of Representatives

VI The Power of Impeachment- a political and constitutional process not a criminal process (50 impeachments15 trials) The greatest check Congress has on the executive and judicial branches VII The Power to Elect the President VIII All Bills of Revenue Begin in the House- House closest to the people would be the most sensitive to public concerns on taxing and spending IX Representatives Get No Respect- I love my congressman but I hate Congress Pork caseworking and other incumbent advantages X Is Pork Good for You Yes if it is coming to your district

otherwise it is bad (2 of the budget)

OK I lied Twelve Things to Know about the House

XI House Committees- Where the work gets done A way to divide the workload into major areas of legislation Some committees are

more powerful than others Appropriations Ways and Means and House Rules Committee The power of the chair to run their fiefdoms in a despotic way- Woodrow Wilson XII The Virtue of Inefficiency- ldquoIf you want efficient government get yourself a dictatorrdquo Speaker OrsquoNeill The House is where the varying wills of the nation come together Compromise is the art of politics

3

Ten Things To know about the Senate and No I am not Lying

I Why just 100 senators A safeguard against majority rule All voices are equal and all voices will be heard even a minority of one

ldquothat measures are too often decided not according to the rules of justice and the rights of the minor party but by the superior force of an overbearing majorityrdquo James Madison

II Why do senators serve six year overlapping terms A check on the democratic impulses of the House and insulated from the pressures of public opinion Additional insulation from the people because senators would be elected by state legislatures Overlapping terms would

provide stability and continuity of the new government

Ten Things about the Senate 17th amendment and what overlapping terms mean to us today bull  An ongoing source of stability and continuity bull  Expertise and knowledge on legislative matters continues from one

congress to the next bull  Impeachment proceedings can span two congresses without the

need to re-adopt impeachment rules or procedures bull  Treaty negotiations which often take years to complete proceed

without interruption bull  Despite the cycles of politics the trauma of war or the benefits of

peace the Senate is always there always operating

Ten Things about the Senate III  Why does the Senate have different qualifications than House

members ldquois to consist in its proceeding with more coolness and with more wisdom than the popular branchrdquo James Madison ldquoOf what use is the Senaterdquo he asked Washington as he stood before the fire with a cup of tea in his hand As he asked the question Jefferson poured some of the tea into his saucer swirled it around a bit and then poured it back into the teacup ldquoYou have answered your own questionrdquo Washington replied ldquoWhat do you meanrdquo Jefferson asked ldquoWhy did you pour the tea into your saucerrdquo ldquoTo cool itrdquo said Jefferson ldquoJust sordquo said Washington ldquothat is why we created the Senate The Senate is the saucer into which we pour legislation to coolrdquo

4

Ten Things about the Senate IV Why was the Senate chosen as the High Court of

Impeachment a smaller continuing body of older and more experienced members that is insulated from public pressures Also the cooling factor Requiring a 23 vote will require transcending partisan politics V What is the significance of the Senatersquos ldquoadvise and consentrdquo powers See the above Not wanting to give the president sole power to negotiate treaties and not trusting the partisan House that

was too large and too unwieldy the senate was the best choice Senators as representatives of the states gave the states some voice in foreign affairs

Ten Things about the Senate VI Why is the Vice President the constitutional ldquoPresident of the Senaterdquo and is he a legislative or executive officer Basically to give him something to do instead of just waiting for the president to die (Tidbit John Adams holds the record of breaking

tie votes 29 times Average is 5 The Senate pays his salary) ($230700year)

VII Why does the Senate have different leadership than the House ldquoThe senate is ruled from the floor not from the chairrdquo The small nature of the Senate meant that Speakers would not be needed Leaders would emerge from regional factions then those men that controlled major committees and by the 1920s party leaders would be elected Since the senate places emphasis on minority rights both the majority and minority leaders are important

Ten Things about the Senate VIII Why does the Senate permit filibusters The practice is well suited for a small deliberative body that was designed to protect minority rights Both Senate and House had filibusters but the House quickly ended the practice In todayrsquos environment filibusters and holds can be an educational tool for public The public gets to hear the arguments from both sides and public opinion can shift from opposition to support of the bill (Civil Rights Act 1964) IX Is it proper to call the Senate the ldquoupper bodyrdquo Framers created the two houses as equal bodies in the legislative process Informally it is referred to as the upper body because of comparison to House of Lords and because the Senate was on the second floor and the House on the first floor in Philadelphia

5

Ten Things about the Senate X Why is the Senate Chamber so empty when I watch C-SPAN In the beginning the senators did not have offices so they worked at their desks and would be drawn into debates Today there are three Senate office buildings committee rooms and hearing rooms Most of the action is taking place there and not on the floor Senators come to the floor to debate add amendments and to cast votes

The Four Ps bull  Place in the sense of context What happens in Congress does not take

place in a vacuum

bull  Elements of ldquoplacerdquo include the partisan landscape

bull  the nature of the nationrsquos issue agenda bull  relationships between Congress and other branches of government

bull  characteristics of a memberrsquos district or state congressional elections

bull  publicrsquos perception of Congress bull  and the Capitol Hill campus itself

Processes

Much of the scholarship on Congress deals with processes broadly defined Elements of ldquoprocessrdquo include Constitutional provisions and the structure of Congress congressional powers committees the law-making process floor procedures and voting and reform efforts

6

People

Congress is more than a constitutional entity and a set of processes It is a community too The people who serve and work there matter Elements of ldquopeoplerdquo include senators and representatives congressional leaders as a subset of the membership staff and factors that influence member behavior (eg decision-making) such as constituents lobbyists and interest groups and cultural norms

Products Eventually what Congress does or does not do has an impact and a result To borrow a concept from corporate America Congress produces a product Elements of ldquoproductrdquo include the laws and public policies created by legislative action congressional oversight of public policy and the ability of Congress to draw attention to issues

Difficulty of Being a Congressperson 10485761048577104857810485791048580104858110485821048583104858410485851048586104858710485881048589104859010485911048592104859310485941048595104859610485971048598104859910486001048601104860210486031048604104860510486061048607104860810486091048610104861110486121048613104861410486151048616104861710486181048619104862010486211048622104862310486241048625104862610486271048628104862910486301048631104863210486331048634104863510486361048637104863810486391048640104864110486421048643104864410486451048646104864710486481048649104865010486511048652104865310486541048655104865610486571048658104865910486601048661104866210486631048664104866510486661048667104866810486691048670104867110486721048673104867410486751048676104867710486781048679104868010486811048682104868310486841048685104868610486871048688104868910486901048691104869210486931048694104869510486961048697104869810486991048700104870110487021048703 Balancing Act Washington Party Special interests Personal self Constituents Questions to consider To what extent does it matter if they belong to a specific group Do voters force one into a contractual obligation

7

You choose a member indeed but when you have chosen him he is not a member of Bristol but he is a member of Parliament -Edmund Burke

Voting Roles of members of Congress

Trustee

Delegate

Partisan

Politico

Substantive representation

Congressional Votes Need to Pass

Override a veto 23 vote in both Houses

Confirm a SC Justice Majority in Senate

Confirm a V-President (25th Amendment)

Majority in both Houses

Pass a Bill Majority in the House

Confirm ambassadors confirm cabinet Majority in Senate

Cloture on a Filibuster 60 votes in the Senate

To bring Articles of Impeachment Majority in the House

Conviction and Removal from Office (Impeachment Trial)

23 Vote in the Senate

Propose an Amendment 23 of Congress

To approve a treaty 23 of Senate

Differences between the House and the Senate At-a-Glance House Senate

Larger - 435 members Smaller - 100 members Shorter term - 2 years Longer term - 6 years Four calendars (Union House Private and Discharge) Two calendars (Legislative and Executive) Less procedural flexibility more restraints More procedural flexibility fewer restraints Stronger Leadership - power less evenly distributed Weaker Leadership - power more evenly distributed Role of Rules Committee and special rules to govern floor consideration Unanimous consent and complex unanimous consent time agreements to

govern floor consideration Scheduling by Speaker and majority-party leadership with limited consultation among members

Scheduling by majority-party leadership with broad consultation among all members

Germaneness of amendments generally required Germaneness of amendments rarely required Presiding officer has considerable discretion in recognition rulings rarely challenged

Presiding officer has little discretion in recognition rulings frequently challenged

Debate always restricted Debate rarely restricted Debate-ending motions by majority vote (218 representatives) Cloture invoked by three-fifths vote (60 senators) Quorum calls permitted in connection with record votes Quorum calls permitted almost any time and used for constructive delay Narrower constituency - House District Larger constituency - entire state Elections generally less competitive Elections generally more competitive Specialists Generalists Less reliant on staff More reliant on staff Less media coverage More media coverage More partisan Less partisan Adjourns at end of day Recesses at end of most days Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

8

111th Congressional Stats bull  Women bull  House- 78 bull  61 (D) 17 (R) bull  Senate- 17 bull  13 (D) 4 (R)

bull  Minorities bull  African American bull  House- 41 (D) bull  Senate- 1 (D) bull  Hispanics bull  House- 28 22 D 6 R bull  Senate- 3 2 D 1 R bull  Asians bull  House- 9 7 D 2R bull  Senate- 2 D

9

The Size of Bills

bull  Question Where is the best place to hide a tree

bull  Answer In a forest bull  Question Where is the best place to hide

pork or special favors bull  Answer In a two thousand page bill that

members donrsquot read

Why are they so many pages to Bills

The 1956 Federal Highway Act that created our 47000 miles of interstate highway was 29 pages long

Bills are getting larger because

bull  some bills go through multiple committees

bull  satisfy interest groups members of Congress presidents important citizens

bull  partisanshipndash we got to get it while we can or we add all this stuff to make the bill distasteful

bull Going global- moving the ball down field wonrsquot do itrsquos the hail Mary pass for the big touchdown -All or nothing- increments wonrsquot do

10

Contributions from Health Sector to Congress

Number of Lobbyist Influencing Health Care Reform 2009

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

3

Ten Things To know about the Senate and No I am not Lying

I Why just 100 senators A safeguard against majority rule All voices are equal and all voices will be heard even a minority of one

ldquothat measures are too often decided not according to the rules of justice and the rights of the minor party but by the superior force of an overbearing majorityrdquo James Madison

II Why do senators serve six year overlapping terms A check on the democratic impulses of the House and insulated from the pressures of public opinion Additional insulation from the people because senators would be elected by state legislatures Overlapping terms would

provide stability and continuity of the new government

Ten Things about the Senate 17th amendment and what overlapping terms mean to us today bull  An ongoing source of stability and continuity bull  Expertise and knowledge on legislative matters continues from one

congress to the next bull  Impeachment proceedings can span two congresses without the

need to re-adopt impeachment rules or procedures bull  Treaty negotiations which often take years to complete proceed

without interruption bull  Despite the cycles of politics the trauma of war or the benefits of

peace the Senate is always there always operating

Ten Things about the Senate III  Why does the Senate have different qualifications than House

members ldquois to consist in its proceeding with more coolness and with more wisdom than the popular branchrdquo James Madison ldquoOf what use is the Senaterdquo he asked Washington as he stood before the fire with a cup of tea in his hand As he asked the question Jefferson poured some of the tea into his saucer swirled it around a bit and then poured it back into the teacup ldquoYou have answered your own questionrdquo Washington replied ldquoWhat do you meanrdquo Jefferson asked ldquoWhy did you pour the tea into your saucerrdquo ldquoTo cool itrdquo said Jefferson ldquoJust sordquo said Washington ldquothat is why we created the Senate The Senate is the saucer into which we pour legislation to coolrdquo

4

Ten Things about the Senate IV Why was the Senate chosen as the High Court of

Impeachment a smaller continuing body of older and more experienced members that is insulated from public pressures Also the cooling factor Requiring a 23 vote will require transcending partisan politics V What is the significance of the Senatersquos ldquoadvise and consentrdquo powers See the above Not wanting to give the president sole power to negotiate treaties and not trusting the partisan House that

was too large and too unwieldy the senate was the best choice Senators as representatives of the states gave the states some voice in foreign affairs

Ten Things about the Senate VI Why is the Vice President the constitutional ldquoPresident of the Senaterdquo and is he a legislative or executive officer Basically to give him something to do instead of just waiting for the president to die (Tidbit John Adams holds the record of breaking

tie votes 29 times Average is 5 The Senate pays his salary) ($230700year)

VII Why does the Senate have different leadership than the House ldquoThe senate is ruled from the floor not from the chairrdquo The small nature of the Senate meant that Speakers would not be needed Leaders would emerge from regional factions then those men that controlled major committees and by the 1920s party leaders would be elected Since the senate places emphasis on minority rights both the majority and minority leaders are important

Ten Things about the Senate VIII Why does the Senate permit filibusters The practice is well suited for a small deliberative body that was designed to protect minority rights Both Senate and House had filibusters but the House quickly ended the practice In todayrsquos environment filibusters and holds can be an educational tool for public The public gets to hear the arguments from both sides and public opinion can shift from opposition to support of the bill (Civil Rights Act 1964) IX Is it proper to call the Senate the ldquoupper bodyrdquo Framers created the two houses as equal bodies in the legislative process Informally it is referred to as the upper body because of comparison to House of Lords and because the Senate was on the second floor and the House on the first floor in Philadelphia

5

Ten Things about the Senate X Why is the Senate Chamber so empty when I watch C-SPAN In the beginning the senators did not have offices so they worked at their desks and would be drawn into debates Today there are three Senate office buildings committee rooms and hearing rooms Most of the action is taking place there and not on the floor Senators come to the floor to debate add amendments and to cast votes

The Four Ps bull  Place in the sense of context What happens in Congress does not take

place in a vacuum

bull  Elements of ldquoplacerdquo include the partisan landscape

bull  the nature of the nationrsquos issue agenda bull  relationships between Congress and other branches of government

bull  characteristics of a memberrsquos district or state congressional elections

bull  publicrsquos perception of Congress bull  and the Capitol Hill campus itself

Processes

Much of the scholarship on Congress deals with processes broadly defined Elements of ldquoprocessrdquo include Constitutional provisions and the structure of Congress congressional powers committees the law-making process floor procedures and voting and reform efforts

6

People

Congress is more than a constitutional entity and a set of processes It is a community too The people who serve and work there matter Elements of ldquopeoplerdquo include senators and representatives congressional leaders as a subset of the membership staff and factors that influence member behavior (eg decision-making) such as constituents lobbyists and interest groups and cultural norms

Products Eventually what Congress does or does not do has an impact and a result To borrow a concept from corporate America Congress produces a product Elements of ldquoproductrdquo include the laws and public policies created by legislative action congressional oversight of public policy and the ability of Congress to draw attention to issues

Difficulty of Being a Congressperson 10485761048577104857810485791048580104858110485821048583104858410485851048586104858710485881048589104859010485911048592104859310485941048595104859610485971048598104859910486001048601104860210486031048604104860510486061048607104860810486091048610104861110486121048613104861410486151048616104861710486181048619104862010486211048622104862310486241048625104862610486271048628104862910486301048631104863210486331048634104863510486361048637104863810486391048640104864110486421048643104864410486451048646104864710486481048649104865010486511048652104865310486541048655104865610486571048658104865910486601048661104866210486631048664104866510486661048667104866810486691048670104867110486721048673104867410486751048676104867710486781048679104868010486811048682104868310486841048685104868610486871048688104868910486901048691104869210486931048694104869510486961048697104869810486991048700104870110487021048703 Balancing Act Washington Party Special interests Personal self Constituents Questions to consider To what extent does it matter if they belong to a specific group Do voters force one into a contractual obligation

7

You choose a member indeed but when you have chosen him he is not a member of Bristol but he is a member of Parliament -Edmund Burke

Voting Roles of members of Congress

Trustee

Delegate

Partisan

Politico

Substantive representation

Congressional Votes Need to Pass

Override a veto 23 vote in both Houses

Confirm a SC Justice Majority in Senate

Confirm a V-President (25th Amendment)

Majority in both Houses

Pass a Bill Majority in the House

Confirm ambassadors confirm cabinet Majority in Senate

Cloture on a Filibuster 60 votes in the Senate

To bring Articles of Impeachment Majority in the House

Conviction and Removal from Office (Impeachment Trial)

23 Vote in the Senate

Propose an Amendment 23 of Congress

To approve a treaty 23 of Senate

Differences between the House and the Senate At-a-Glance House Senate

Larger - 435 members Smaller - 100 members Shorter term - 2 years Longer term - 6 years Four calendars (Union House Private and Discharge) Two calendars (Legislative and Executive) Less procedural flexibility more restraints More procedural flexibility fewer restraints Stronger Leadership - power less evenly distributed Weaker Leadership - power more evenly distributed Role of Rules Committee and special rules to govern floor consideration Unanimous consent and complex unanimous consent time agreements to

govern floor consideration Scheduling by Speaker and majority-party leadership with limited consultation among members

Scheduling by majority-party leadership with broad consultation among all members

Germaneness of amendments generally required Germaneness of amendments rarely required Presiding officer has considerable discretion in recognition rulings rarely challenged

Presiding officer has little discretion in recognition rulings frequently challenged

Debate always restricted Debate rarely restricted Debate-ending motions by majority vote (218 representatives) Cloture invoked by three-fifths vote (60 senators) Quorum calls permitted in connection with record votes Quorum calls permitted almost any time and used for constructive delay Narrower constituency - House District Larger constituency - entire state Elections generally less competitive Elections generally more competitive Specialists Generalists Less reliant on staff More reliant on staff Less media coverage More media coverage More partisan Less partisan Adjourns at end of day Recesses at end of most days Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

8

111th Congressional Stats bull  Women bull  House- 78 bull  61 (D) 17 (R) bull  Senate- 17 bull  13 (D) 4 (R)

bull  Minorities bull  African American bull  House- 41 (D) bull  Senate- 1 (D) bull  Hispanics bull  House- 28 22 D 6 R bull  Senate- 3 2 D 1 R bull  Asians bull  House- 9 7 D 2R bull  Senate- 2 D

9

The Size of Bills

bull  Question Where is the best place to hide a tree

bull  Answer In a forest bull  Question Where is the best place to hide

pork or special favors bull  Answer In a two thousand page bill that

members donrsquot read

Why are they so many pages to Bills

The 1956 Federal Highway Act that created our 47000 miles of interstate highway was 29 pages long

Bills are getting larger because

bull  some bills go through multiple committees

bull  satisfy interest groups members of Congress presidents important citizens

bull  partisanshipndash we got to get it while we can or we add all this stuff to make the bill distasteful

bull Going global- moving the ball down field wonrsquot do itrsquos the hail Mary pass for the big touchdown -All or nothing- increments wonrsquot do

10

Contributions from Health Sector to Congress

Number of Lobbyist Influencing Health Care Reform 2009

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

4

Ten Things about the Senate IV Why was the Senate chosen as the High Court of

Impeachment a smaller continuing body of older and more experienced members that is insulated from public pressures Also the cooling factor Requiring a 23 vote will require transcending partisan politics V What is the significance of the Senatersquos ldquoadvise and consentrdquo powers See the above Not wanting to give the president sole power to negotiate treaties and not trusting the partisan House that

was too large and too unwieldy the senate was the best choice Senators as representatives of the states gave the states some voice in foreign affairs

Ten Things about the Senate VI Why is the Vice President the constitutional ldquoPresident of the Senaterdquo and is he a legislative or executive officer Basically to give him something to do instead of just waiting for the president to die (Tidbit John Adams holds the record of breaking

tie votes 29 times Average is 5 The Senate pays his salary) ($230700year)

VII Why does the Senate have different leadership than the House ldquoThe senate is ruled from the floor not from the chairrdquo The small nature of the Senate meant that Speakers would not be needed Leaders would emerge from regional factions then those men that controlled major committees and by the 1920s party leaders would be elected Since the senate places emphasis on minority rights both the majority and minority leaders are important

Ten Things about the Senate VIII Why does the Senate permit filibusters The practice is well suited for a small deliberative body that was designed to protect minority rights Both Senate and House had filibusters but the House quickly ended the practice In todayrsquos environment filibusters and holds can be an educational tool for public The public gets to hear the arguments from both sides and public opinion can shift from opposition to support of the bill (Civil Rights Act 1964) IX Is it proper to call the Senate the ldquoupper bodyrdquo Framers created the two houses as equal bodies in the legislative process Informally it is referred to as the upper body because of comparison to House of Lords and because the Senate was on the second floor and the House on the first floor in Philadelphia

5

Ten Things about the Senate X Why is the Senate Chamber so empty when I watch C-SPAN In the beginning the senators did not have offices so they worked at their desks and would be drawn into debates Today there are three Senate office buildings committee rooms and hearing rooms Most of the action is taking place there and not on the floor Senators come to the floor to debate add amendments and to cast votes

The Four Ps bull  Place in the sense of context What happens in Congress does not take

place in a vacuum

bull  Elements of ldquoplacerdquo include the partisan landscape

bull  the nature of the nationrsquos issue agenda bull  relationships between Congress and other branches of government

bull  characteristics of a memberrsquos district or state congressional elections

bull  publicrsquos perception of Congress bull  and the Capitol Hill campus itself

Processes

Much of the scholarship on Congress deals with processes broadly defined Elements of ldquoprocessrdquo include Constitutional provisions and the structure of Congress congressional powers committees the law-making process floor procedures and voting and reform efforts

6

People

Congress is more than a constitutional entity and a set of processes It is a community too The people who serve and work there matter Elements of ldquopeoplerdquo include senators and representatives congressional leaders as a subset of the membership staff and factors that influence member behavior (eg decision-making) such as constituents lobbyists and interest groups and cultural norms

Products Eventually what Congress does or does not do has an impact and a result To borrow a concept from corporate America Congress produces a product Elements of ldquoproductrdquo include the laws and public policies created by legislative action congressional oversight of public policy and the ability of Congress to draw attention to issues

Difficulty of Being a Congressperson 10485761048577104857810485791048580104858110485821048583104858410485851048586104858710485881048589104859010485911048592104859310485941048595104859610485971048598104859910486001048601104860210486031048604104860510486061048607104860810486091048610104861110486121048613104861410486151048616104861710486181048619104862010486211048622104862310486241048625104862610486271048628104862910486301048631104863210486331048634104863510486361048637104863810486391048640104864110486421048643104864410486451048646104864710486481048649104865010486511048652104865310486541048655104865610486571048658104865910486601048661104866210486631048664104866510486661048667104866810486691048670104867110486721048673104867410486751048676104867710486781048679104868010486811048682104868310486841048685104868610486871048688104868910486901048691104869210486931048694104869510486961048697104869810486991048700104870110487021048703 Balancing Act Washington Party Special interests Personal self Constituents Questions to consider To what extent does it matter if they belong to a specific group Do voters force one into a contractual obligation

7

You choose a member indeed but when you have chosen him he is not a member of Bristol but he is a member of Parliament -Edmund Burke

Voting Roles of members of Congress

Trustee

Delegate

Partisan

Politico

Substantive representation

Congressional Votes Need to Pass

Override a veto 23 vote in both Houses

Confirm a SC Justice Majority in Senate

Confirm a V-President (25th Amendment)

Majority in both Houses

Pass a Bill Majority in the House

Confirm ambassadors confirm cabinet Majority in Senate

Cloture on a Filibuster 60 votes in the Senate

To bring Articles of Impeachment Majority in the House

Conviction and Removal from Office (Impeachment Trial)

23 Vote in the Senate

Propose an Amendment 23 of Congress

To approve a treaty 23 of Senate

Differences between the House and the Senate At-a-Glance House Senate

Larger - 435 members Smaller - 100 members Shorter term - 2 years Longer term - 6 years Four calendars (Union House Private and Discharge) Two calendars (Legislative and Executive) Less procedural flexibility more restraints More procedural flexibility fewer restraints Stronger Leadership - power less evenly distributed Weaker Leadership - power more evenly distributed Role of Rules Committee and special rules to govern floor consideration Unanimous consent and complex unanimous consent time agreements to

govern floor consideration Scheduling by Speaker and majority-party leadership with limited consultation among members

Scheduling by majority-party leadership with broad consultation among all members

Germaneness of amendments generally required Germaneness of amendments rarely required Presiding officer has considerable discretion in recognition rulings rarely challenged

Presiding officer has little discretion in recognition rulings frequently challenged

Debate always restricted Debate rarely restricted Debate-ending motions by majority vote (218 representatives) Cloture invoked by three-fifths vote (60 senators) Quorum calls permitted in connection with record votes Quorum calls permitted almost any time and used for constructive delay Narrower constituency - House District Larger constituency - entire state Elections generally less competitive Elections generally more competitive Specialists Generalists Less reliant on staff More reliant on staff Less media coverage More media coverage More partisan Less partisan Adjourns at end of day Recesses at end of most days Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

8

111th Congressional Stats bull  Women bull  House- 78 bull  61 (D) 17 (R) bull  Senate- 17 bull  13 (D) 4 (R)

bull  Minorities bull  African American bull  House- 41 (D) bull  Senate- 1 (D) bull  Hispanics bull  House- 28 22 D 6 R bull  Senate- 3 2 D 1 R bull  Asians bull  House- 9 7 D 2R bull  Senate- 2 D

9

The Size of Bills

bull  Question Where is the best place to hide a tree

bull  Answer In a forest bull  Question Where is the best place to hide

pork or special favors bull  Answer In a two thousand page bill that

members donrsquot read

Why are they so many pages to Bills

The 1956 Federal Highway Act that created our 47000 miles of interstate highway was 29 pages long

Bills are getting larger because

bull  some bills go through multiple committees

bull  satisfy interest groups members of Congress presidents important citizens

bull  partisanshipndash we got to get it while we can or we add all this stuff to make the bill distasteful

bull Going global- moving the ball down field wonrsquot do itrsquos the hail Mary pass for the big touchdown -All or nothing- increments wonrsquot do

10

Contributions from Health Sector to Congress

Number of Lobbyist Influencing Health Care Reform 2009

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

5

Ten Things about the Senate X Why is the Senate Chamber so empty when I watch C-SPAN In the beginning the senators did not have offices so they worked at their desks and would be drawn into debates Today there are three Senate office buildings committee rooms and hearing rooms Most of the action is taking place there and not on the floor Senators come to the floor to debate add amendments and to cast votes

The Four Ps bull  Place in the sense of context What happens in Congress does not take

place in a vacuum

bull  Elements of ldquoplacerdquo include the partisan landscape

bull  the nature of the nationrsquos issue agenda bull  relationships between Congress and other branches of government

bull  characteristics of a memberrsquos district or state congressional elections

bull  publicrsquos perception of Congress bull  and the Capitol Hill campus itself

Processes

Much of the scholarship on Congress deals with processes broadly defined Elements of ldquoprocessrdquo include Constitutional provisions and the structure of Congress congressional powers committees the law-making process floor procedures and voting and reform efforts

6

People

Congress is more than a constitutional entity and a set of processes It is a community too The people who serve and work there matter Elements of ldquopeoplerdquo include senators and representatives congressional leaders as a subset of the membership staff and factors that influence member behavior (eg decision-making) such as constituents lobbyists and interest groups and cultural norms

Products Eventually what Congress does or does not do has an impact and a result To borrow a concept from corporate America Congress produces a product Elements of ldquoproductrdquo include the laws and public policies created by legislative action congressional oversight of public policy and the ability of Congress to draw attention to issues

Difficulty of Being a Congressperson 10485761048577104857810485791048580104858110485821048583104858410485851048586104858710485881048589104859010485911048592104859310485941048595104859610485971048598104859910486001048601104860210486031048604104860510486061048607104860810486091048610104861110486121048613104861410486151048616104861710486181048619104862010486211048622104862310486241048625104862610486271048628104862910486301048631104863210486331048634104863510486361048637104863810486391048640104864110486421048643104864410486451048646104864710486481048649104865010486511048652104865310486541048655104865610486571048658104865910486601048661104866210486631048664104866510486661048667104866810486691048670104867110486721048673104867410486751048676104867710486781048679104868010486811048682104868310486841048685104868610486871048688104868910486901048691104869210486931048694104869510486961048697104869810486991048700104870110487021048703 Balancing Act Washington Party Special interests Personal self Constituents Questions to consider To what extent does it matter if they belong to a specific group Do voters force one into a contractual obligation

7

You choose a member indeed but when you have chosen him he is not a member of Bristol but he is a member of Parliament -Edmund Burke

Voting Roles of members of Congress

Trustee

Delegate

Partisan

Politico

Substantive representation

Congressional Votes Need to Pass

Override a veto 23 vote in both Houses

Confirm a SC Justice Majority in Senate

Confirm a V-President (25th Amendment)

Majority in both Houses

Pass a Bill Majority in the House

Confirm ambassadors confirm cabinet Majority in Senate

Cloture on a Filibuster 60 votes in the Senate

To bring Articles of Impeachment Majority in the House

Conviction and Removal from Office (Impeachment Trial)

23 Vote in the Senate

Propose an Amendment 23 of Congress

To approve a treaty 23 of Senate

Differences between the House and the Senate At-a-Glance House Senate

Larger - 435 members Smaller - 100 members Shorter term - 2 years Longer term - 6 years Four calendars (Union House Private and Discharge) Two calendars (Legislative and Executive) Less procedural flexibility more restraints More procedural flexibility fewer restraints Stronger Leadership - power less evenly distributed Weaker Leadership - power more evenly distributed Role of Rules Committee and special rules to govern floor consideration Unanimous consent and complex unanimous consent time agreements to

govern floor consideration Scheduling by Speaker and majority-party leadership with limited consultation among members

Scheduling by majority-party leadership with broad consultation among all members

Germaneness of amendments generally required Germaneness of amendments rarely required Presiding officer has considerable discretion in recognition rulings rarely challenged

Presiding officer has little discretion in recognition rulings frequently challenged

Debate always restricted Debate rarely restricted Debate-ending motions by majority vote (218 representatives) Cloture invoked by three-fifths vote (60 senators) Quorum calls permitted in connection with record votes Quorum calls permitted almost any time and used for constructive delay Narrower constituency - House District Larger constituency - entire state Elections generally less competitive Elections generally more competitive Specialists Generalists Less reliant on staff More reliant on staff Less media coverage More media coverage More partisan Less partisan Adjourns at end of day Recesses at end of most days Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

8

111th Congressional Stats bull  Women bull  House- 78 bull  61 (D) 17 (R) bull  Senate- 17 bull  13 (D) 4 (R)

bull  Minorities bull  African American bull  House- 41 (D) bull  Senate- 1 (D) bull  Hispanics bull  House- 28 22 D 6 R bull  Senate- 3 2 D 1 R bull  Asians bull  House- 9 7 D 2R bull  Senate- 2 D

9

The Size of Bills

bull  Question Where is the best place to hide a tree

bull  Answer In a forest bull  Question Where is the best place to hide

pork or special favors bull  Answer In a two thousand page bill that

members donrsquot read

Why are they so many pages to Bills

The 1956 Federal Highway Act that created our 47000 miles of interstate highway was 29 pages long

Bills are getting larger because

bull  some bills go through multiple committees

bull  satisfy interest groups members of Congress presidents important citizens

bull  partisanshipndash we got to get it while we can or we add all this stuff to make the bill distasteful

bull Going global- moving the ball down field wonrsquot do itrsquos the hail Mary pass for the big touchdown -All or nothing- increments wonrsquot do

10

Contributions from Health Sector to Congress

Number of Lobbyist Influencing Health Care Reform 2009

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

6

People

Congress is more than a constitutional entity and a set of processes It is a community too The people who serve and work there matter Elements of ldquopeoplerdquo include senators and representatives congressional leaders as a subset of the membership staff and factors that influence member behavior (eg decision-making) such as constituents lobbyists and interest groups and cultural norms

Products Eventually what Congress does or does not do has an impact and a result To borrow a concept from corporate America Congress produces a product Elements of ldquoproductrdquo include the laws and public policies created by legislative action congressional oversight of public policy and the ability of Congress to draw attention to issues

Difficulty of Being a Congressperson 10485761048577104857810485791048580104858110485821048583104858410485851048586104858710485881048589104859010485911048592104859310485941048595104859610485971048598104859910486001048601104860210486031048604104860510486061048607104860810486091048610104861110486121048613104861410486151048616104861710486181048619104862010486211048622104862310486241048625104862610486271048628104862910486301048631104863210486331048634104863510486361048637104863810486391048640104864110486421048643104864410486451048646104864710486481048649104865010486511048652104865310486541048655104865610486571048658104865910486601048661104866210486631048664104866510486661048667104866810486691048670104867110486721048673104867410486751048676104867710486781048679104868010486811048682104868310486841048685104868610486871048688104868910486901048691104869210486931048694104869510486961048697104869810486991048700104870110487021048703 Balancing Act Washington Party Special interests Personal self Constituents Questions to consider To what extent does it matter if they belong to a specific group Do voters force one into a contractual obligation

7

You choose a member indeed but when you have chosen him he is not a member of Bristol but he is a member of Parliament -Edmund Burke

Voting Roles of members of Congress

Trustee

Delegate

Partisan

Politico

Substantive representation

Congressional Votes Need to Pass

Override a veto 23 vote in both Houses

Confirm a SC Justice Majority in Senate

Confirm a V-President (25th Amendment)

Majority in both Houses

Pass a Bill Majority in the House

Confirm ambassadors confirm cabinet Majority in Senate

Cloture on a Filibuster 60 votes in the Senate

To bring Articles of Impeachment Majority in the House

Conviction and Removal from Office (Impeachment Trial)

23 Vote in the Senate

Propose an Amendment 23 of Congress

To approve a treaty 23 of Senate

Differences between the House and the Senate At-a-Glance House Senate

Larger - 435 members Smaller - 100 members Shorter term - 2 years Longer term - 6 years Four calendars (Union House Private and Discharge) Two calendars (Legislative and Executive) Less procedural flexibility more restraints More procedural flexibility fewer restraints Stronger Leadership - power less evenly distributed Weaker Leadership - power more evenly distributed Role of Rules Committee and special rules to govern floor consideration Unanimous consent and complex unanimous consent time agreements to

govern floor consideration Scheduling by Speaker and majority-party leadership with limited consultation among members

Scheduling by majority-party leadership with broad consultation among all members

Germaneness of amendments generally required Germaneness of amendments rarely required Presiding officer has considerable discretion in recognition rulings rarely challenged

Presiding officer has little discretion in recognition rulings frequently challenged

Debate always restricted Debate rarely restricted Debate-ending motions by majority vote (218 representatives) Cloture invoked by three-fifths vote (60 senators) Quorum calls permitted in connection with record votes Quorum calls permitted almost any time and used for constructive delay Narrower constituency - House District Larger constituency - entire state Elections generally less competitive Elections generally more competitive Specialists Generalists Less reliant on staff More reliant on staff Less media coverage More media coverage More partisan Less partisan Adjourns at end of day Recesses at end of most days Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

8

111th Congressional Stats bull  Women bull  House- 78 bull  61 (D) 17 (R) bull  Senate- 17 bull  13 (D) 4 (R)

bull  Minorities bull  African American bull  House- 41 (D) bull  Senate- 1 (D) bull  Hispanics bull  House- 28 22 D 6 R bull  Senate- 3 2 D 1 R bull  Asians bull  House- 9 7 D 2R bull  Senate- 2 D

9

The Size of Bills

bull  Question Where is the best place to hide a tree

bull  Answer In a forest bull  Question Where is the best place to hide

pork or special favors bull  Answer In a two thousand page bill that

members donrsquot read

Why are they so many pages to Bills

The 1956 Federal Highway Act that created our 47000 miles of interstate highway was 29 pages long

Bills are getting larger because

bull  some bills go through multiple committees

bull  satisfy interest groups members of Congress presidents important citizens

bull  partisanshipndash we got to get it while we can or we add all this stuff to make the bill distasteful

bull Going global- moving the ball down field wonrsquot do itrsquos the hail Mary pass for the big touchdown -All or nothing- increments wonrsquot do

10

Contributions from Health Sector to Congress

Number of Lobbyist Influencing Health Care Reform 2009

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

7

You choose a member indeed but when you have chosen him he is not a member of Bristol but he is a member of Parliament -Edmund Burke

Voting Roles of members of Congress

Trustee

Delegate

Partisan

Politico

Substantive representation

Congressional Votes Need to Pass

Override a veto 23 vote in both Houses

Confirm a SC Justice Majority in Senate

Confirm a V-President (25th Amendment)

Majority in both Houses

Pass a Bill Majority in the House

Confirm ambassadors confirm cabinet Majority in Senate

Cloture on a Filibuster 60 votes in the Senate

To bring Articles of Impeachment Majority in the House

Conviction and Removal from Office (Impeachment Trial)

23 Vote in the Senate

Propose an Amendment 23 of Congress

To approve a treaty 23 of Senate

Differences between the House and the Senate At-a-Glance House Senate

Larger - 435 members Smaller - 100 members Shorter term - 2 years Longer term - 6 years Four calendars (Union House Private and Discharge) Two calendars (Legislative and Executive) Less procedural flexibility more restraints More procedural flexibility fewer restraints Stronger Leadership - power less evenly distributed Weaker Leadership - power more evenly distributed Role of Rules Committee and special rules to govern floor consideration Unanimous consent and complex unanimous consent time agreements to

govern floor consideration Scheduling by Speaker and majority-party leadership with limited consultation among members

Scheduling by majority-party leadership with broad consultation among all members

Germaneness of amendments generally required Germaneness of amendments rarely required Presiding officer has considerable discretion in recognition rulings rarely challenged

Presiding officer has little discretion in recognition rulings frequently challenged

Debate always restricted Debate rarely restricted Debate-ending motions by majority vote (218 representatives) Cloture invoked by three-fifths vote (60 senators) Quorum calls permitted in connection with record votes Quorum calls permitted almost any time and used for constructive delay Narrower constituency - House District Larger constituency - entire state Elections generally less competitive Elections generally more competitive Specialists Generalists Less reliant on staff More reliant on staff Less media coverage More media coverage More partisan Less partisan Adjourns at end of day Recesses at end of most days Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

Salary 2009 and 2010 $174000 2008 $169300 2006 and 2007 $165200 (2005 $162100) For more information see Pay and Perquisites of Members of Congress

8

111th Congressional Stats bull  Women bull  House- 78 bull  61 (D) 17 (R) bull  Senate- 17 bull  13 (D) 4 (R)

bull  Minorities bull  African American bull  House- 41 (D) bull  Senate- 1 (D) bull  Hispanics bull  House- 28 22 D 6 R bull  Senate- 3 2 D 1 R bull  Asians bull  House- 9 7 D 2R bull  Senate- 2 D

9

The Size of Bills

bull  Question Where is the best place to hide a tree

bull  Answer In a forest bull  Question Where is the best place to hide

pork or special favors bull  Answer In a two thousand page bill that

members donrsquot read

Why are they so many pages to Bills

The 1956 Federal Highway Act that created our 47000 miles of interstate highway was 29 pages long

Bills are getting larger because

bull  some bills go through multiple committees

bull  satisfy interest groups members of Congress presidents important citizens

bull  partisanshipndash we got to get it while we can or we add all this stuff to make the bill distasteful

bull Going global- moving the ball down field wonrsquot do itrsquos the hail Mary pass for the big touchdown -All or nothing- increments wonrsquot do

10

Contributions from Health Sector to Congress

Number of Lobbyist Influencing Health Care Reform 2009

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

8

111th Congressional Stats bull  Women bull  House- 78 bull  61 (D) 17 (R) bull  Senate- 17 bull  13 (D) 4 (R)

bull  Minorities bull  African American bull  House- 41 (D) bull  Senate- 1 (D) bull  Hispanics bull  House- 28 22 D 6 R bull  Senate- 3 2 D 1 R bull  Asians bull  House- 9 7 D 2R bull  Senate- 2 D

9

The Size of Bills

bull  Question Where is the best place to hide a tree

bull  Answer In a forest bull  Question Where is the best place to hide

pork or special favors bull  Answer In a two thousand page bill that

members donrsquot read

Why are they so many pages to Bills

The 1956 Federal Highway Act that created our 47000 miles of interstate highway was 29 pages long

Bills are getting larger because

bull  some bills go through multiple committees

bull  satisfy interest groups members of Congress presidents important citizens

bull  partisanshipndash we got to get it while we can or we add all this stuff to make the bill distasteful

bull Going global- moving the ball down field wonrsquot do itrsquos the hail Mary pass for the big touchdown -All or nothing- increments wonrsquot do

10

Contributions from Health Sector to Congress

Number of Lobbyist Influencing Health Care Reform 2009

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

9

The Size of Bills

bull  Question Where is the best place to hide a tree

bull  Answer In a forest bull  Question Where is the best place to hide

pork or special favors bull  Answer In a two thousand page bill that

members donrsquot read

Why are they so many pages to Bills

The 1956 Federal Highway Act that created our 47000 miles of interstate highway was 29 pages long

Bills are getting larger because

bull  some bills go through multiple committees

bull  satisfy interest groups members of Congress presidents important citizens

bull  partisanshipndash we got to get it while we can or we add all this stuff to make the bill distasteful

bull Going global- moving the ball down field wonrsquot do itrsquos the hail Mary pass for the big touchdown -All or nothing- increments wonrsquot do

10

Contributions from Health Sector to Congress

Number of Lobbyist Influencing Health Care Reform 2009

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

10

Contributions from Health Sector to Congress

Number of Lobbyist Influencing Health Care Reform 2009

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

11

Growth of Bills

bull  Over the last several decades the number of bills passed by Congress has declined In 1948 Congress passed 906 bills that totaled 2000 pages

bull  In 2006 it passed only 482 that totaled more than 7000 pages

bull  The average bill length increased over the same period from 25 pages to 152 pages

The Health Care Bill

bull  Number of substantive words in HR 3962 234812 words Harry Potter and the Order of the Phoenix - 257000 words Harry Potter and the Goblet of Fire - 190000 words Harry Potter and the Deathly Hallows ndash 198000 words

What You Donrsquot Know Can Hurt You

bull  House energy and global warming bill passed June 26 2009 1200 pages Available online 15 hours before vote

bull  $789 billion stimulus bill passed Feb 14 2009 1100 pages Available online 13 hours before debate

bull  $700 billion financial sector rescue package passed Oct 3 2008 169 pages Available online 29 hours before vote

bull  USA Patriot domestic surveillance bill passed Oct 23 2001 Unavailable to the public before debate

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

12

The Top Ten Word Count Bill Sponsor Status

314900 Affordable Health Care for American Act Rep John Dingell [D MI-15]

Approved by House

314832 Safe Accountable Flexible Efficient Transportation Equity Act A Legacy for Users 2005

Rep Don Young [R AK-1] Bill is Law

314573 Patient Protection and Affordable Care Act Sen Harry Reid [D NV]

Submitted in Senate

296111 Consolidated Appropriations Act 2005 Rep James Kolbe [R AZ-5] Bill is Law

276849 Consolidated Appropriations Act 2008 Rep Nita Lowey [D NY-18] Bill is Law

274559 No Child Left Behind Act of 2001 Rep John Boehner [R OH-8] Bill is Law

258205 National Defense Authorization Act for Fiscal Year 2008 Rep Ike Skelton [D MO-4] Bill is Law

250286 Food Conservation and Energy Act of 2008 Rep Collin Peterson [D MN-7] Bill is Law

246984 Consolidated Appropriations Resolution 2003 Rep Bill Young [R FL-10] Bill is Law

226492 Energy Policy Act 2005 Rep Joe Barton [R TX-6] Bill is Law

Lobbying and Spending Total Lobbying Spending 1998 ltgt $144 Billion 1999 ltgt $144 Billion 2000 ltgt $156 Billion 2001 ltgt $164 Billion 2002 ltgt $182 Billion 2003 ltgt $204 Billion 2004 ltgt $217 Billion 2005 ltgt $243 Billion 2006 ltgt $262 Billion 2007 ltgt $285 Billion 2008 ltgt $330 Billion 2009 ltgt $349 Billion 2010 ltgt $178 Billion

Number of Lobbyists 1998 ltgt 10404 1999 ltgt 12943 2000 ltgt 12541 2001 ltgt 11845 2002 ltgt 12131 2003 ltgt 12923 2004 ltgt 13158 2005 ltgt 14071 2006 ltgt 14518 2007 ltgt 14867 2008 ltgt 14217 2009 ltgt 13668 2010 ltgt 11946

Advantage of incumbents

bull  Advertising Visibility news franking privilege trips home bull  Credit claiming casework pork barrel bull  Position taking bull  PAC Money 7 to 1 to incumbent (seeking access)

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

13

House vs Senate

bull  Greatest turnover is due to vacated seats bull  House seats safer than senate seats 1  Senate is held more accountable 2  More and better competition for Senate 3  Senators have more diverse constituents 4  More interest groups go after Senators

House Re-election Rate

Senate Re-Election Rate

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

14

House Incumbents Defeated

Senate Incumbent Defeated

2010 The Year of the Mama Grizzlies

15

Credits bull  Opensecretsorg bull  Dirksen Center

15

Credits bull  Opensecretsorg bull  Dirksen Center