the congress, the president, and the bureaucracy units 5 and 6
TRANSCRIPT
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The Congress, the President , and the BureaucracyUnits 5 and 6
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The United States Congress
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Origin, purpose, structure, etc…
• Article I, Section I: “Congress shall make laws for the good of the people of the United States of America…”
• Make LAW: really means public policy• Bicameralism: – History: we had many previous experiences with
bicameral legislatures that were positive– Theoretical: create a system of checks within the
legislature– Practical: resolve the dispute at the constitutional
convention over the issue of representation
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Evolution of Congress
• Intent of the Framers:– To prevent the concentration of all legislative power into a
single institution– To balance the interests of both large and small States– To make Congress the dominant institution on government– In general, Congress dominates the Presidency for 140
years (exception Jackson)Domination ends with the election of FDR
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Major Political Struggles with in the Congress
• Over issues of national importance (war, trade, slavery, etc…)
• Distribution of power w/in Congress– Centralization- if need is for quick, decisive action
(declare war, 9/11, budget, etc…)– Decentralization- is constituency interests
dominate (slavery, economic growth, flood control, etc…)
– Trend over time has been for decentralization
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Early History of Congress• President supplied congress leadership (sent bills to be
considered)• House was pre-eminent
– Speaker Thomas Reed- 1880’s– Speaker Joe Cannon 1900-1910
• House declines in 1820’s – Assertiveness of Jackson– Issue of slavery and beginnings of sectionalism (Civil War)– split parties
and power fragmentedSenate gained importance-Opportunity for unlimited debate made Senators “Stars” {Filibuster} a
single member can take control of the floor and block passage of a bill-Closer association with party (6 year terms)
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Rise of Party Control 1889-1910
• House:– Powerful House Leaders like Joe Cannon become
dictatorial– Party Caucus: meeting of the members of one
party to set an agenda and form voting blocs– Rules Committee created to decide if/when a bill
will come to the floor for debate/vote
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Decentralization of the House
• House Speaker’s power reduced due to a change in the rules 1910-1911
• Party caucus power increases• Rules Committee increases in powers• Committee Chairmen increase in power and
autonomy
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Recent changes in the House
• Chairmanships become “elective” {majority party and Seniority Rule}
• Subcommittee chairs become more powerful• Congressional staff increases in number,
power, and influence {went from 2-3 to over 20 per member)
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Senate made more democratic
• Direct Election of Senators – 17th Amendment in 1913 {part of the progressive reforms}
• Limited party influence over the Senate• Made Senators more responsive to their States
and voters• Campaigns for Senate dominate• Filibuster could now be restricted by the
Cloture Rule (3/5ths vote {60} to limit debate on any bill to 30 minutes per member)
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The House of Representatives
• Membership– 435 members – Congress sets the size of the House, not the
Constitution– Reapportionment Act of 1929 set permanent size– Membership now a career– most serve 20+ years– Democrats have had almost exclusive control • Except Civil War and Reconstruction• 1996-2007
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House of Representatives
• Election:– Tuesday following the 1st Monday of November
every even numbered year– Primaries and general elections now the norm– Incumbents almost always win (the benefits of
incumbency) – Candidates run very personalized campaigns and
have great independency from party control– candidate centered
– Only about 20% of the $ comes from the Parties
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Reapportionment and Re-Districting
• House seats must be reapportioned after each census every 10 years
• States’ # of seats is determined by population• States’ legislatures re-district single member
districts• Gerrymandering:– Republicans: like a sliced pizza– Democrats : like a bagel
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Supreme Court Cases and Representation
• Weberry v. Sanders: one man one vote rule• Reynolds v. Sims: reapportionment must be based
upon population equity• Baker v. Carr: reapportionment must occur after
every census to reflect population shifts within each State
• Requirements for redistricting:– same # people in each District– Contiguous territory– Compact area
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2010 Reapportionment Plan
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House of Representatives
• Qualifications: – 25 years of age– US citizen for 7 yrs– Resident of the State from which elected
• Term: 2 years• Session: 2per year• Salary: currently $174,000 per year• COLAs : Cost of Living Adjustments
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Perks/Benefits
• Members Representational Allowance: • Amount depends on several factors:
– How big is your District (area and population)– How far away is your District from DC– Covers things like:
• Office rent in Home State• Computers and equipment• Furniture• Staff salaries• Some travel expenses• Paper and envelopes• Office supplies• Etc…
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Perks
• Retirement Plan• Social Security• Health Insurance• Office of the Visiting Physician (7 on the Hill)• Medical care at Bethesda and Walter Reed• Free publication of videos and photos• Budget for DC office decorations and art
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Members of Congress have one of the best health care plans in the countryMonthly premiums they pay $55.58-157.46 for coverage; Taxpayers pay 75% of the premiumsOffice of the Attending Physician: Members pay $491.00 a year. Covers all except:
SurgeryEyeglasses/contact lensDental CarePrescriptions (Members pay $5-20 per month)
No charge for medical care at:Walter Reed Army Medical HospitalBethesda National Navy Hospital(Family members are not eligible for free care)
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More Perks
• Free Parking at Reagan National Airport and the US Capitol
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More Perks
• Special license plates that allow them to park virtually anywhere in DC
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Perks
• Budget for reception room• Allowance for meals w/ constituents
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More Perks
• Franking: Free postage for official government mail
• Member just signs envelope
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Even MORE Perks!
• Travel allowance • Entertainment Allowance • Allowance for souvenirs and gifts for
constituents … See Ms Stimson’s giant box o’crap!
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Exclusive Powers (HoR)
Power of the purse1. TAX2. Spend/appropriate $
ImpeachmentInvestigationElect the President (if a tie in EC)
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Leadership in the House
• Speaker of the House• Representative Paul Ryan (R-WI)• Leader of the majority party• Chosen in an election by the majority party• Is both presiding officer of the House and a
member of the House• Tremendously powerful post• Makes $205,000
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Speaker Ryan
• Powers– Call on members to speak (or not)– Select the bills to be introduced (or not)– Assign members to committees (or not)– Assign Committee Chairs– Assign Sub-com chairs– Send bills to committee– Etc…
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Speaker Ryan
• Perks– Has own dining room– Has own plane (Air Force 3)– Has own helicopter (Marine 3)– Secret Service Protection– Limo and driver– Entertainment Allowance– Travel Allowance– Etc…
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Pelosi’s Demand for new Air Force 3
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Leadership in the House
* Minority Party : Democrats• Minority Leader: Nancy Pelosi (D-CA)• Minority Whip: Steny Hoyer (D-MA)
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Minority Leader and Whip
• Minority Leader’s job is to get party’s agenda made into law
• Whips job is to:– Count votes– Make sure all party members will vote as a block– Convince party members to vote “correctly” on
each bill
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Majority Party Leadership in the House
• Majority Leader: • Majority Whip:
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Job of the Majority Leadership
• Majority Leader’s job is to try to get party’s agenda made into law
• Majority Whip’s jobs:– Count votes– Keep all party members in line– Make sure party has enough votes to block
minority
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Committee Chairs
• Chosen in the House by the Speaker (majority party caucus)
• Chosen in the Senate by Majority and Minority Leader
• Always from the majority party (Reps today)• Seniority Rule followed strictly in both houses
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Committee Chairs
• Why so powerful?– Can speed up consideration– Can slow down consideration– Can prevent consideration (pigeon-holing)– Can offer a committee bill– Can amend a bill– Schedules hearings– Calls witnesses (subpoenas!)
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The Rules Committee
• Most powerful of all Committees in Congress• Chairman: David Dreyer (R-CA) • Why so powerful?– Places bills on the calendar(s) for debate– Can schedule debate now or at the end of the session– Can schedule debate for an unusual time of day– Can schedule debate for a non-existent date or during
a recess– Can never put your bill on the calendar(s)
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The Senate
• Membership: 100 Senators• 2 Senators per State• Set by the Constitution• Can only get more Senators if we get more
States• Elected independently of one another• Originally elected by State Legislatures
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Qualifications for the Senate
• 30 years of age• US Citizen for at least 9 years• Resident of State from which elected
• Informal qualifications same as the House, except older and whiter!
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Terms, Sessions, etc…
• Terms are 6 years• Terms are staggered so that 1/3rd is up for re-
election every 2 years• Senators from the same State are never
elected the same year• Staggered terms allows for the Senate to be a
“continuous body”• Sessions: like the House, 2 per year
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Salary, Perks, Benefits
• Same as the House • $174,000 a year in salary• Constitution requires that they be paid equally
and receive same benefits
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Exclusive Powers
• The Senate alone can:– Convict those who have been impeached– Confirm presidential appointments– Ratify presidential treaties
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Leadership
• President of the Senate: Vice President Joseph Biden
• Presiding officer of the Senate• Not a member of the Senate, so cannot
debate and can vote only in the event of a tie• Can call on members to speak and rule on
points of order
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President of the Senate Biden
• Pay: $205,000 per year• Home: United States Naval Observatory in
Georgetown
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President of the Senate Biden
• Air force 2• Marine 2• Offices in the White House, OEOB, and Senate • Staff of 150+• Entertainment and travel allowances• Retirement and Social Security• Health Care at Bethesda and Walter Reed• Etc….
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President of the Senate Biden
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President Pro Tempore of the Senate
• Senator Orrin Hatch (R-Utah)• Same powers as VP• Same pay as Speaker and VP• Can borrow Speaker’s plane and helicopter
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Senate MinorityLeader
• Senator Harry Reid, (D-NEV)
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Senate Minority Whip
• Dick Durbin, (D-IL)
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Majority Leader
• Senator Mitch McConnell (R-Ken)
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Majority Whip
• Senator John Kyl (R-VA)
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Powers of Congress
• Legislative: those which require the consent of the President– Make law– Appropriate funds– Tax– Declare war!– Raise and maintain the military– Etc……….
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Non-legislative Powers
• Those that do not require Presidential action– Admit new States– Propose Constitutional Amendments– Impeach/Convict– Ratify treaties– Confirm appointments – Coin money– Etc…
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Congressional Committee System
• Purpose: divide the workload• Majority of congressional work on legislation
is done in committees• Each committee is made up of 10% of one of
the Houses (40 in H; 10 in S)• Committee Chairs are always from the
majority party (Dems today)
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Committees
• Most important organizational feature in Congress– Majority of bills “die in committee”– Committees weed out “bad” bills– Conduct public hearings, hear expert testimony,
gather information, investigate, mark up bills, offer committee bills, etc…
– Create “experts” out of members of Congress who will spend their careers on a committee
– Maintain oversight of executive branch agencies
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Types of committees
• Standing: permanent one house groups (19 in H/ 17 in S)
• Sub-committees: smaller divisions of standing committees w/ specialized functions
• Special/Select: temporary group set up to investigate• Joint: permanent group made up of both houses
(only 4) BAD assignments!• Conference: temporary group made up of members
of both houses to compromise on versions of a bill
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Membership on Standing Committees
• Individual: (selected by leadership)– Skills/talents – SENIORITY!
• Party: Majority Party always has majority on each committee (proportional to membership)
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Standing Committee Chairmen
• Most powerful and most senior members of Majority Party
• Powers:– Schedule hearings– Call /subpoena witnesses– Pigeon-hole bills– Create committee bills– Amend bills– Pork and earmarks– Etc…
• Congressional Staff: 20-40 per committee
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Job(s) of Staff• #1: Serve constituency (the folks back home)
– Letter writing– Phone calls– E-mails– Website– Etc…
• Legislative functions:– Monitor hearings– Devise proposals– Draft reports (of hearings/meetings)– Meet with lobbyists– Act as a lobbyist for the Member they work for– Keep track of public opinion on issues that impact District/State– Etc…
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Impact of Staff
• With the increasing workload for Congress, no one can keep up
• Staff numbers increase• Staff responsibilities increase• Members on Congress cede power and
responsibility for work to Staff• We didn’t elect these people!!!
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How a Bill Becomes a Law
• Really, How can one member stop it?• House:– Speaker: • Block introduction (toss it!)• Never call on member to introduce bill• Send bill to unusual committee• Add amendments to bill• Get Caucus to oppose bill• Etc…
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How A Bill…..
• How can we kill it in the House?– Committee Chairs
• Pigeon-hole it• Add too many amendments• Schedule more hearings• Pork/earmark it to death
– Rules Committee• Schedule debate for Sunday or non-existent date• Schedule for late at night, early in morning, etc…• Don’t put it on the calendar
– From the Floor• Add pork/earmarks/ amendments
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How a Bill…
• How can we kill it in the Senate?– Filibuster: talk it to death!– Rule of 60 limits debate to 30 minutes per
member (Cloture Rule)– Non-germane amendments– pork/earmarks– Majority Leader can refuse to call bill out to the
floor– Etc…
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Filibuster
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Filibuster!
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How Members Vote
• Representative’s View– They think they vote to please their constituency– Problem: no real consensus among constituents
on most issues– Reality: most vote w/ party
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How Members Vote
• Organizational View– Assumes ideology effects vote (just party!)– House more like the voters than Senate– 80-90% of votes are partisan– Yellow Dog Democrats: conservatives from South
(Nunn, Byrd, Hefflin, etc…)– Blue Dog Democrats: moderates from
Midwest/South (Clinton, Landrieau, etc…)– CATS: Conservative Action Team ( Paul, Ryan, Cruz,
etc…)
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Evolution of Congress
• House Dominates 1920-60’s– Powerful Chairs from South– Long apprenticeship for new members (wait for
someone to die so you could move up!)– Small staff
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1970’s-1980’s
• Growth in staff size (4-5 to as many as 40)• Committees more democratic; Chairs lost
some power• More independence for members ; less party
control• More focused on re-election• More amendments to bills (pork/earmarks)• Increase in filibusters
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Reassertion of Congressional Power over the President begins in 1970’s
• Reaction to Watergate and Vietnam• War Powers Act (1973)- limit powers of
Commander-in-Chief• Congressional Budget and Impoundment Act
1974 (take $ back from Executive Branch)• Increased requirement for a legislative veto
sought (take power from Pres by vote of Congress)
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The End of Congress!
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Unit VThe Executive Branch
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Powers of Presidency
• Exclusive Powers:– Commander-in-Chief of the Military
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Commission Officer of the Armed Services
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Call Special Sessions of Congress
• Not since 1948; Congress hasn’t adjourned!
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Executive Clemency
• Pardons• Commutations• Amnesty• Reprieves
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Receive Ambassadors and Diplomats
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Sees that laws are “faithfully executed”
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Appointment Power
• Lesser officials that do not need the Senate’s confirmation
• Chief of Staff and other political personnel “serve at the pleasure of the President”
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Powers SHARED with the Senate
• Making treaties • Requires Senate ratification
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Appointing Ambassadors, Diplomats, Judges, Justices, and other “high officials”
(Cabinet-Rank)
• Requires Senate confirmation
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Powers Shared with both Houses of Congress
• Budget and Laws
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Real Presidential power lies in politics and public opinion
• Can increase ability to influence Congress– they have very broad statutory power
• President is expected by the people to be the leader of the Nation (and “free world”)
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LBJ gives Senator from Maine the “treatment”
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Presidential Qualifications
• Natural-born Citizen• 35 years of age• 14 year residency in US• Can’t have already served more than 1 and ½
terms as President• Can’t hold any other elective or appointive
office
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Presidential Selection
• See your notes….. We already covered this in our unit on political participation!
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Perks of the Prez• Air Force One
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Live in the White HouseAlmost for free…
Have to pay for meals and guests
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White House Executive Chef Comerford
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24 hour food preparation
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China!
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Perks
• Salary $400,000 a year• Expense Account $50,000 a year• Pension of $400,000 a year for life• Chef• Staff of 100’s• Free medical and dental for life• Secret Service Protection for life• Marine One• Etc…
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Presidential Succession and Removal
• What happens if the President dies in office?– 25th Amendment sets up the order of succession– V-Pres– Speaker– Pres Pro Tempore of Senate– Sect State– Sect Treas.– Sect Def– Etc…
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What happens if the President is sick?
• How sick? – Too ill to do his job with little chance of recovery?– 25th Amendment would allow removal by Congress
if VP and majority of Cabinet agreed he was too ill
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Presidential Succession
• The VP who will succeed to the Presidency is required to nominate a new Vice President– Must be confirmed by the Senate– Must be qualified to become President– Agnew and Nixon resignations
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Impeachment Process
• Indictment/ impeachment by the House (majority vote);
• Must be charged with either treason, bribery, or “high crimes”
• Trial in the Senate – Senate serves as jury– Chief Justice presides– 2/3rds vote to be found guilty and removed from office– 2/3rds of those present and voting is the standard
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Office of the President
• The White House Office– President’s closest personal and political advisors– Some experts, most worked on campaign– Influence of staff related to closeness of office to
the Oval (Rule of Proximity)– Serve “at the pleasure of the President”– Need no Senate confirmation– Can be fired without cause
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Chief of Staff
• Runs the West Wing• Denis McDonough (D-MN)
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Executive Office of the President (EOP)
• Composed of agencies and Directors that report directly to the President
• Appointments require Senate confirmation• OMB is most important– Assembles budget– Develops reorganization plans– Reviews legislative proposals of all agencies
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The Cabinet
• Appointed by Pres; confirmed by Senate• Each heads one of the 15 Departments• Job is to advocate, administer, and advise• Secretaries appoint/hire most other Dept staff• Custom used differently by each President
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Independent Agencies
• Members of the Board or Commission appointed by Pres and confirmed by Senate
• Quasi-independent of Presidential control• Must have an equal number of members from
each party• Heads can be removed only for cause• Terms are generally 6 years• Examples: CIA, EPA, FCC, FTC, FED, etc…
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Who gets appointed?
• President knows only a few personally• Most have federal experience• Have to consider related interest groups• Often see rivalry between Cabinet Secretaries
and White House staff over appointments • Campaign experience a plus
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Power of the President to Persuade
• Trying to persuade 3 groups:– Politicians and leadership in DC– Party activists and officials outside “the beltway”– The various “publics”
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Popularity and Influence
• Presidents try to transform their popularity into support in Congress (health care reform)
• Influence of the President’s coat-tails is small and fleeting
• Members of Congress not eager to challenge a popular President
• Popularity always highest right after election (Honeymoon Period)
• Popularity will decline by mid-term
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Power of the President to say NO!
• Veto– Regular– Veto Message– Pocket Veto– Congress rarely gets to over-ride (requires 2/3rds
vote)
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Executive Privilege
• Can keep confidential communications between President and his advisors
• Justification:– Separation of powers– Need for candid advise
• US v. Nixon: Court rejected Nixon’s claim of absolute privilege. Can claim only if:– National Security would be damaged– International Relations would be in jeopardy
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Impoundment of Funds
• Presidents refusal to spend money appropriated by Congress (Nixon)
• Countered by Budget Reform Act of 1974– Requires President to notify Congress that he does
not intend to spend funds– Congress must agree
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The “Most Powerful Office in the World” has limitations
• Congress– Can over-ride veto– Can deny funding– Can use War Powers Act to limit military
commitments– Can refuse to confirm appointments– Can refuse to ratify treaties– Etc….
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Courts
• Can declare actions to be unconstitutional
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People
• President need the peoples’ good will to get Congress to do his will.
• Approval rating=power• Needs to get re-elected to stay in power• HISTORY!
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Bureaucracy
• Carry out the President’s responsibilities• Selective enforcement• They’ll be around 20-30 years, he has 4-8
years.
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The END!