Mr. McCormack
American Government
CentralDauphinHigh School
Chapter Twelve – Congress in Action
I. Congress Organizes
A. The national legislature today demands a massive operation to remain open
1. Thirty thousand employees
a. Half are Congressional staff
b. Half are employed by various Congressional agencies
i. Library of Congress
ii. Congressional Budget Office
iii. Government Printing Office
iv. Government Accountability Office
2. Four billion dollar annual budget
B. Congress Convenes
1. New Congressional terms begin on January 3 of every odd-numbered year, following the general elections of the previous November
2. Opening Day Procedures in the House of Representatives
a. The Clerk of the House from the previous Congress presides over the initial session
b. A roll call is taken of the 435 members-elect (checking attendance)
c. The members-elect vote for a Speaker of the House
i. The Speaker of the House is the regular presiding officer
ii. Always chosen from the members of the majority party, but this is not required
d. The Speaker is the first to take the oath of office
i. The oath of office is administered by the Dean of the House
ii. The Dean of the House is the longest serving member-elect from either party
e. The Speaker then swears in the rest of the members
f. Democrats sit to the right of the center aisle, Republicans on the left
g. The House elects its minor officers
i. Clerk
ii. Sergeant-at-Arms
iii. Chief Administrative Officer
iv. Chaplain
v. The victors of these elections are known in advance, as they were chosen by the majority
vi. These officers are not members of the House
h. The House adopts its rules of procedure for the term
i. These rules have developed over the past 200 years
ii. They are usually readopted without any substantial changes
iii. The House rules are now printed in a book about 400 pages long
i. The House holds a floor vote to appoint the members of 19 permanent committees
j. Significant business other than organization seldom occurs on opening day
3. Opening Day in the Senate
a. The Senate is a continuous body
i. Only one third of its members are ever up for election at one time
ii. It has been continuously organized since 1789
iii. Because of the carryover of members, the Senate does not face the same kinds of organizational problems as the House
b. The Senate’s opening day is usually shorter and more routine than the House’s, even if there has been a change in majority party
i. Newly elected and reelected members are sworn in
ii. Vacancies in the organization and committees must be filled
4. The State of the Union Message
a. Once both chambers have been organized, a joint committee is appointed and instructed to inform the President that they are ready to receive any communication he may wish to make
b. Within a few weeks (by late January or early February) the President will deliver his annual message to Congress
i. This message is required by the Article II, Section 3 of the Constitution
a.“He shall from time to time give to the Congress information on the State of the Union”
b. Not all presidents have delivered the message by speaking in person
c. There is no formal requirement that the message be delivered annually
ii. This message is televised to the nation and is regarded as an opportunity for the President to try to set an agenda for the Congress
c. Both Houses of Congress, the President’s Cabinet, Justices of the Supreme Court, foreign diplomats, other dignitaries, and special guests gather in the House chamber to hear the President’s message
d. When the speech concludes, the join session ends
e. Representatives from the party out of power are also permitted to deliver a televised response to the President’s speech, but not from the floor of the House
5. Presiding Officers
a. Each chamber of Congress has its own presiding officer
b. The Speaker of the House of Representatives
i. The Speaker is the leader of the House, but also the leader of the majority party in the House
ii. Although there is no formal requirement for the Speaker to be an elected member of Congress, he has always been chosen from among the Representatives
1. Nancy Pelosi, D-CA, was the first female Speaker of the House (2007-2011)
2. Sam Rayburn, D-TX, was the longest serving Speaker (17 years, 62 days)
iii. The Speaker is the more powerful presiding officer within Congress
1. Some Speakers, such as Joe Cannon, were virtual dictators
2. Today the Speaker shares much of his power with the various committee chairmen
iv. The Speaker’s main responsibilities are to oversee the House and keep order while doing so
1. The Speaker may allow other members to preside temporarily and is required to do so whenever he wishes to speak on an issue
2. While presiding, the Speaker controls debate by recognizing members to speak
3. The Speaker interprets and applies the rules
4. The Speaker puts motions to vote and decides the outcome of voice votes
5. The Speaker rarely votes, but must do so to break a tie
6. The Speaker appoints the members of all select and conference committees
7. The Speaker must sign all bills and resolutions passed by the House
v. The Speaker is second in line of succession to the office of President
c. The President of the Senate
i. The Vice President of the United States is the President of the Senate
ii. Senators do not choose their own presiding officer
iii. The President of the Senate does not have much power in the Senate, especially if he is not from the party that holds a majority in the Senate
iv. The President of the Senate may not speak on the floor of the Senate
v. The President of the Senate can only vote to break a tie
vi. The President of the Senate still has the power to recognize speakers, put matters to a vote, etc.
vii. When the President of the Senate is absent, control passes to the President Pro Tempore
1. The President Pro Tempore is elected by the Senate
2. Usually the longest serving member from the majority party is the President Pro Tempore
3. The President Pro Tempore is the third in line of succession to the office of President
4. Other Senators besides the President Pro Tempore may preside from time to time
6. Party Officers
a. Congress is organized along partisan lines
i. Republicans and Democrats both form caucuses within each chamber
ii. The occasional “independents” elected to Congress usually join with one caucus or the other
b. Party Caucuses
i. The parties will hold closed meetings just before organizing in January and on other occasions
ii. Recently both parties have begun to refer to these meetings as party conferences
iii. Caucuses or conferences elect floor leaders for the party and settle committee appointments
iv. Although caucuses can attempt to enforce party discipline, their ability to do so is limited
v. All of the party’s caucus leaders are members of the Policy Committee
7. The Floor Leaders
a. Next to the Speaker of the House, the majority and minority leaders in each chamber are the most important leaders in Congress
b. Majority and minority leaders are not mentioned in the Constitution and are chosen only by the members of their own caucuses
c. Floor leaders try to guide legislation through their chambers and serve as party spokesmen
d. Assistants to the majority and minority leaders are called whips
i. Whips serve as liaisons between the party leaders and the party members
ii. Whips are responsible for checking for support before important votes are held
iii. Whips will also arrange for absent members to be paired with absent member of the other party so that the non-votes will cancel each other out
8. Committee Chairmen
a. Most legislative work is accomplished by committees, so committee chairmen wield enormous influence
b. Chairmen are appointed by the majority party caucus, but are usually the most senior members of the committee
c. Chairmen make important decisions for the committees
i. When they will meet
ii. What bills they will consider
iii. Whether they will hold public hearings
iv. What witnesses the committee will call
d. Chairmen will typically manage approved bills to final passage by their respective chamber
9. Seniority Rule
a. The longest serving members will hold the most important posts, both in formal and party organization
b. Rather than a “rule,” this is a custom that dates to the late 1800s
c. This rule is followed most closely in the choice of committee chairmen
d. Advantages of the Seniority Rule
i. Easy to apply
ii. Avoids party in-fighting
iii. Ensures that chairmen will be experienced and knowledgeable about the rules
e. Criticisms of the Seniority Rule
i. This rule ignores ability, intelligence, and other important attributes
ii. The longest serving members tend to come from “safe” districts, which often means they are the most partisan and least moderate
iii. Both parties occasionally make choices by secret ballot so that members who vote against seniority will not be punished
iv. House Republicans instituted a six year limit on chairmanships
II. Committees in Congress
A. Reasons for Committees
1. Congress is too large to effectively debate many proposals
2. The volume of work is too large to be handled by a single group
3. Not all members are equally interested in or educated on every issue
4. Dividing the labor among various committees resolves each of these issues
B. Standing Committees
1. For the first five years in Congress, every bill was assigned to a special committee
2. By 1794 there were more than 300 committees
3. Congress began to establish permanent (“standing”) committees to handle similar bills
4. The number of standing committees has varied over the years
5. The majority party almost always has a majority in each committee
a. The one exception is the House Committee on Standards of Official Conduct (“Ethics Committee”), which is evenly split between the parties
b. The majority party will usually exaggerate its advantage in committee (for example, a nearly evenly divided House might have committees with a 3:1 advantage for the majority)
6. Committee Assignments
a. House Committees
i. The House has twenty standing committees
ii. Each House committee has between 10 and 75 members
iii.. Each Representative typically belongs to one or two standing committees
b. Senate Committees
i. The Senate has seventeen standing committees
ii. Each Senate committee has between 14 and 28 members
iii. Each Senator typically belongs to three or four standing committees
c. There are four joint committees (having members of both chambers) in Congress
7. Some committees are more important, and membership on them more desirable, than others
a. Leading Committees in the House
i. Rules
1. Often called the “traffic cop” of the House, this committee controls the flow of legislation to the floor of the House
2. Not only do they decide which legislation passed by the other committees will be considered, they decide how to consider it (time for debate, possibility of amendments, etc.)
ii. Ways and Means
iii. Appropriations
iv. Armed Services
v. Judiciary
vi. International Relations
vii. Agriculture
b. Leading Committees in the Senate
i. Foreign Relations
ii. Appropriations
iii. Finance
iv. Judiciary
v. Armed Services
vi. Banking, Housing, and Urban Affairs
8. Most standing committees are further divided into subcommittees
a. There are 80 subcommittees in the House
b. There are almost 70 subcommittees in the Senate
C. Select Committees
1. Sometimes called “special committees”
2. These are panels created for important but temporary purposes
3. Members are appointed by the Presiding Officers, with advice from the majority and minority leaders
4. Most select committees are set up to conduct investigations (ex. Watergate, Iran-Contra, etc)
D. Joint and Conference Committees
1. These committees have members from both chambers
2. They are usually set up for temporary purposes
3. Standing joint committees oversee routine business of Congress (i.e. the Library of Congress)
4. Conference committees are called to forge compromises between the House and Senate versions of a bill before the President can consider it
III. Legislative Terminology: Bills and Resolutions
A. A bill is a proposed law presented to one chamber of Congress
1. More than 10,000 bills may be introduced during a term of Congress
2. Fewer than 10% of all bills ever become laws
B. Relatively few bills are designed by Congressmen
1. Executive agencies (departments in the federal government) draft and then submit bills to members of Congress for their consideration
2. Interest groups, private citizens, and Congressional committees draft many of the bills
C. Any bill to raise revenue must, under the Constitution, originate in the House (“the power of the purse”)
D. Types of Bills and Resolutions
1. Public Bills
a. These measures would apply to the nation as a whole
b. Examples include tax laws, immigration laws, etc.
2. Private Bills
a. These measures apply only to certain people or places
b. Examples include private laws granting citizenship, providing restitution for losses caused by the government, etc.
3. Joint Resolutions
a. These most often deal with unusual or temporary matters
b. Examples include annexing territory, correcting errors in previously passed bills, and proposing amendments to the Constitution
c. Joint Resolutions have the same force in law as bills when passed
4. Concurrent Resolutions
a. These deal with matters on which both chambers must act together
b. These are generally position statements
c. Concurrent Resolutions do not have the force of law and do not require the President’s signature
5. Resolutions
a. These deal with matters that only affect one chamber
b. They are used to adopt new procedures or amend existing rules
6. Riders
a. Bills or Resolutions may deal with a single subject, or unrelated subjects may be added on
b. Riders may be unlikely to pass on their own merits, or may be added in an attempt to “poison” a popular bill
c. Opponents of the riders are less likely to vote against or veto otherwise popular bills
III. How a Bill Becomes a Law: The House
A. To introduce a bill, the sponsor must put a written copy of it in the “hopper” (collection basket) on the floor of the House
B. The Clerk of the House numbers each bill as it is introduced (ex. H.R. 1977)
C. The Clerk also gives each bill a short title
D. Each bill is entered into the House Journal and in the Congressional Record for the day
1. The House Journal is the official record of daily proceedings in the House
2. The Congressional Record is a larger account (including transcripts of speeches, etc.) of the day’s business
a. The Congressional Record is not exactly accurate since members have five days to make “corrections”
b. Speeches never delivered are inserted, and others are removed
3. This constitutes the first “reading” of the bill
E. Each bill is immediately copied and distributed to all of the members
F. The Speaker assigns the bill to a committee
1. The committee (and subcommittee) may consider the bill
a. Committee chairmen control the schedule of the committees, and decides which bills will be debated
b. Very controversial bills will usually require public hearings
c. Witnesses may be compelled to testify before the committees
i. Defying a congressional subpoena can result in a citation for contempt of Congress
ii. Contempt is a federal crime and punishments may include a fine or imprisonment
d. Many accuse congressmen of scheduling these hearings for political grandstanding
e. Committees may occasionally take “junkets” (fact-finding missions)
f. Many accuse congressmen of scheduling these junkets as paid vacations
2. Committees will vote on a bill and decide how or whether to report it to the full House
a. Bills that win a majority of the committee will receive a favorable endorsement
b. Bills that fail in committee will receive a negative endorsement
c. Bills may also be reported with amendments, or entirely new substitutes may be reported in the original’s place
d. Bills may be reported without a positive or negative endorsement
e. Bills that spectacularly fail may not even be reported to the full house, but rather pigeonholed or buried
3. If a bill remains pigeonholed in a committee, a “discharge petition” may rescue it
a. A Representative may start a discharge petition once a bill has been in a committee for 30 days or in the Rules Committee for 7 days
b. If a majority of representatives sign the petition, the committee must report the bill within 7 days
c. If the committee still refuses, any of the petition signers may move on either the second or fourth Monday of the month to bring the bill to the floor of the House for consideration
d. If that motion passes with a majority vote, the bill must be considered immediately by the House
e. This procedure is rarely tried, and even less often succeeds
G. Once that committee finishes, the Rules Committee will decide whether or not to place it on the calendar for a vote
1. There are five calendars in the House
a. The Calendar of the Committee of the Whole House on the State of the Union (“Union Calendar”), for all bills having to do with revenues, appropriations, or government properties
b. The House Calendar, for all other public bills
c. The Private Calendar, for all private bills
d. The Corrections Calendar, for all bills taken out of order by unanimous consent of the House
e. The Discharge Calendar, for petitions to discharge bills from committee
2. Bills are taken from each of the calendars on a regular basis
a. Bills from the Correction Calendar = Second and Fourth Tuesdays
b. Bills for the District of Columbia = Second and Fourth Mondays
c. Private Bills = First and Third Tuesdays
d. Calendar Wednesdays = each chairman may call up one bill from the House or Union calendar from their committee
3. The Rules Committee may issue a “special rule” that limits ways the bills can be considered
H. Privileged bills (i.e. appropriations) may be called out of order, ahead of other bills
I. The House may suspend its rules by a 2/3 vote to completely depart from the foregoing procedures, particularly to expedite important bills