Chapter 11: Congress Introduction

Congress as the Cornerstone of the Republic

• The framers intended Congress to be the cornerstone of the new republic to avoid tyranny.
• Article 1 of the Constitution grants key powers to Congress: budget oversight, legislation, confirming nominations, and declaring war.

Public Perception and Structure

• Congress is often criticized and misunderstood by the public.
• Key questions posed include: How does Capitol Hill operate? What are the structures and powers of the House and Senate?

11.1 The Institutional Design of Congress

Origins of Bicameral Congress

• The failure of the Articles of Confederation led to the Constitutional Convention of 1787, resulting in a bicameral Congress.
• The Virginia Plan proposed a two-chamber Congress with proportional representation for large states.
• The New Jersey Plan proposed a single-chamber Congress with equal representation.
• The Connecticut Compromise led to a bicameral Congress: the Senate (two members per state) and the House of Representatives (population-based).

Goals and Function of Bicameralism

• Bicameralism aims for careful consideration and deliberate action.
• Ensures large-scale reform is difficult, maintaining conservatism and preventing single faction dominance.

Apportionment and Representation

• Senate: 100 members, two per state, six-year terms; originally appointed by state legislatures, now by popular vote (17th Amendment).
• House: 435 members, based on population, two-year terms, minimum age 25.
• Apportionment uses equal proportions method based on census data.

Gerrymandering and Political Representation

• Gerrymandering manipulates district boundaries to favor a candidate or party.
• Majority-minority districts enhance minority representation but can decrease diversity in other districts.
• Racial gerrymandering must comply with the Voting Rights Act.

Congressional Powers

Types of Powers

• Enumerated: Explicitly stated in the Constitution (e.g., taxes, declare war).
• Implied: Inferred as necessary for government objectives.
• Inherent: Assumed due to the existence of the country.

Checks and Balances

• Congress limits presidential power by introducing legislation, confirming appointments, and impeachment proceedings.
• Oversight and necessary and proper clause enhance congressional power.

Historical Power Shifts

• The presidency has gained power, especially in foreign policy and wartime.
• The War Powers Resolution and other acts attempted to balance power between Congress and the presidency.

Commerce Clause and Regulation

• Broad interpretation historically expanded Congress’s regulatory power.
• Recent court decisions have narrowed its interpretation, affecting Congress's power.

Congressional Elections

Fundamental Characteristics

• House: Two-year terms, directly elected by districts.
• Senate: Six-year terms, statewide elections.
• No term limits for members.

Campaign Funding

• Campaign costs have increased significantly over time.
• Most funding comes from individual donors, with significant PAC and Super PAC involvement post-Citizens United decision.
• Incumbents have a significant financial advantage.

Incumbency Effects

• High re-election rates for incumbents due to financial advantages, name recognition, and district safety.
• Incumbents often attract more campaign contributions.

Local and National Elections

• Local issues often drive voter motivation, but national issues can also influence congressional elections.
• Midterm elections often result in losses for the president's party.

Congressional Representation

Types of Representation

• Delegate Model: Representatives enact constituents' wishes.
• Trustee Model: Representatives use judgment to make decisions.
• Politico Model: Balances delegate and trustee approaches.

Descriptive Representation

• Importance of reflecting racial, ethnic, gender, and socioeconomic diversity.
• Organizations like NOW and CBC advocate for minority representation.

Constituents and Collective Representation

• Pork barrel politics: Securing district-specific projects and allocations.
• Collective representation refers to Congress representing the U.S. as a whole.
• High public disapproval of Congress due to perceived corruption and inefficiency.

House and Senate Organizations

Division of Labor

• Congress works methodically through party leadership and committees.
• Party leadership dictates conference actions, with the Speaker of the House as an influential figure.
• Committee system divides labor and specialization, originating most legislation.

Committee System

• Committees include standing, joint, conference, and select committees.
• Committees hold hearings, markup bills, and can kill or advance legislation.

The Legislative Process

Classic Process

• Bills are drafted, debated, amended, and voted on by both chambers.
• Filibusters and cloture votes in the Senate can block legislation.

Modern Legislative Process

• Increased use of omnibus bills and budget processes streamline legislation.
• Party leadership has more control over bills and legislative outcomes.
• Modern filibusters and cloture rules affect legislative strategy.