Congress

-Article 1 of the constitution sets out the structure and power of the congress

-Most world democracies are parliamentary but America has presidential form of government.

-In presidential form, the chief executive is directly selected by the people rather than by legislature.

-Congress is bicameral in character

-The relative importance of senate and H.O.R has fluctuated over time

-Prior to the civil war, senate was more powerful and the political leadership was then shifted to the
congress after the civil war.

-Public image of the senate was poor after that because membership included numerous party bosses
and millionaire industrialists.

-For most of the 20th century, both houses were equally important; Both chambers always had the ability
to check each other regardless of the political circumstances that gave prominence to one chamber.

Organization of Congress

-Political parties organize the legislative branch although they do not dominate the legislature in a way
in which they do in parliaments in other democracies.

-Constitution stipulates that the house will elect a speaker.

Party leadership: HOUSE

-Next in line to the speaker is majority leader who organizes the majority party on the floor and is
elected by the members of their party.

-Responsible for day to day operations like scheduling legislation, coordinating committee activity and
negotiating with the president

-They play important role in building coalitions necessary for legislation

-The minority counterpart of the majority leader is the minority leader.

Party Leadership: Senate

-Vice president is the president of senate and he has tie breaking vote as each state has 2(equal)
senators
-Constitution also provides for president pro tempore in absence of vice president

-Ordinarily it goes to the most senior member of majority party and is honorary and does not have real
powers

-Senate too has majority and minority leaders but they are not strong than the leaders from the house

-They have to hammer out unanimous consent agreements

-These agreements specify the terms of the debate

-Agreements specifying the terms of debate are necessary as senate has a tradition of careful
deliberation

-Senators have the right to talk as long as they can on any bill which is known as filibuster

-filibuster - Informal term for any attempt to block or delay Senate action on a bill or other matter
by debating it at length, by offering numerous procedural motions, or by any other delaying or
obstructive actions

-Sometimes filibuster threat is enough to force a senate majority to compromise

-Senate can end a filibuster by cloture motion which requires 60 votes in the senate

The committee system

-Discharge petition: In United States parliamentary procedure, a discharge petition is a means of

bringing a bill out of committee and to the floor for consideration without a report from the committee
by "discharging" the committee from further consideration of a bill or resolution.

-Congress does its work through committees

-Standing committees have fixed membership and jurisdiction (Commerce, foreign relations)

-Select committees are temporary committees designed for specific task (House established homeland
security committee in 2002)

-The committees are subdivided into smaller committees

House committees

-Committees divided by importance

-Rules, appropriation and ways and means committees are most important

-Agriculture, Armed services committees come next

-The least important are housekeeping committees such as government reform and oversight

-The budget committee holds a special status.

Senate committees

-Senate has simple system with major and minor committees

-Appropriations and finance committee are major but rules committee is minor

-Budget and foreign affairs are also major committees

-Senators sit on more committees than representatives do

How committees are formed

-Party committees nominate members for assignment and they gather in caucus to approve them

Theories of the committee system

Distributive theory: Members choose committees relevant to their districts

-The committee membership gets first crack at the legislative issue concerning their area

-This ensures that congress will deliver benefits to each participant’s constituency

-Districts and states can get disproportionate government grants and subsidies if their members sit on
relevant committees.

Informational theory:

-Alternative view is that committees serve a knowledge-gathering function

-Members frequently are uncertain about the outcomes the proposed law may produce ‘

-So they want each member to specialize and become expert in one area and to share their knowledge
with broader membership

-Both theories are not incompatible and describe important aspects of the committee system
 How a bill becomes a Law

Passing a single statue requires steering it through 250 committees and subcommitteers and requires
support of two major political parties and interest groups.

A bill is introduced by a congressional sponsor and one or more sponsors.

The initial work may be legislator’s own work but usually it is provided by support staff at member’s
direction.

The house of speaker or senate president then refer the proposal to appropriate committee

Recent house speakers use multiple referrals, sending the bill simultaneously to more than one
committee

The chair of committee then assigns it to appropriate subcommittee

Staff schedules hearings in which witness speak in favor or against the bill

After hearings, the subcommittee begins markup of bill—revising it, adding and deleting sections and
preparing report for full committee

The committee may hold its own hearings or may also accept the work of subcommittee

The bill then gets ready to be reported to the floor

In house, bills that are not controversial are passed with little debate

More important bills are considered under a procedure called suspension of rules

If a two third majority of those voting agrees, the bill under suspension will be considered. Debate is
narrowed down to 40 minutes then

Legislation that is controversial goes to the Rules committee before going to the floor.

Rules committee holds its own hearings on the type of rule it should grant.

Rule specifies the terms and conditions of debate

Assuming that rules committee recommends a rule, the floor then chooses to accept or reject the rule.
Rules are rarely rejected because the committee anticipates the limits of what the floor will accept.

Senate
In senate process is bit simpler.

Controversial legislation will require the committee and party leaders to negotiate a unanimous consent
agreement. Assuming that they succeed and avoid filibuster, the bill eventually comes to the floor.

If majority votes adopt the bill, the bill must be then sent through both chambers before reaching the
president.

All tax bills must originate in the house (not in senate) as constitution grants the congress the power of
purse.

Congressional career

The growing electoral incentive

-Contemporary incumbent legislators fare so well because they are electorally sensitive to their
constituents’ needs, demands and tastes.

-They see politics as a job to remain for indefinite period of time in office

-Technological advances have made electors less likely to hide their actions and better able to determine
what voters want

-They now anticipate threats to their reelection and try to avoid them

Decline of party

-At one times parties were powerful and influenced members in casting votes for even those bills that
might damage their image back in the district

-In modern times fewer constraints are in place

-Members now cannot take voters for granted and they offer reasons to voters to support them

-District service and constituent assistance also comes under the job of members of the congress which
is known as constituency service

Evaluating Congress

-The reason of such a great interest in this institution is because it is arguably the most powerful of the
three branches of the American government.
-It bears responsibility of catering to the needs and demands of the individuals and represents the
values of American public and develops legislation for common well-being.

Criticism of Congress

1) It is lengthy and inefficient:

.Legislation takes months even years to wend its way through the process with lots of duplicated
work both within and across chambers
.Those who want quick, efficient and decisive action find their teeth on the edge.
2) Congressional process works to the advantage of policy minorities and those who rest content
with status quo
. Proponents of legislation have to build coalitions across committees and sub-committees
. So this makes the job of the Opponents much easier; a minority that may control even single
stage may frustrate the process
. So sometimes proponents anticipate such lengthy process and decide not to act on legislation
.Congressional process handicaps majorities who support to change status quo, and help
minorities who are happy to block change.
3) Members use their positions to please their constituencies.
. They do that even when important national legislation is at stake
. Everyone wants to get a fair share from the federal pie even when the state or constituency is
relatively affluent and does not need help in that particular policy.
.Congress described as “Creature with 335 Bellies, and no Brain”