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This document has a summary of all the second part of the course. This section corresponds to the three branches of government....

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1. INSTITUTIONAL DESIGN OF CONGRESS Before: Articles failed, ratification = bicameral federal government.

The Great Compromise and the Basics of Bicameralism -

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Under Articles of confederation: failure because o Each state own currency, they were in debt (interstate trade battles with each other) o No army = Shay´s Rebellion ( because a small group of Revolutionary War veterans angry over the prospect of losing their farms broke into armed open revolt against the state) Conclusion: Articles of Confederation = not strong enough to keep the republic together. = in 1787 a convention was called ---- delegates from all the states (except Rhode Island, which boycotted the convention) went Philadelphia to solve this problem. Constitutional convention (Philly, 1787)= purpose ---- revise Articles of Confederation National Legislature: under articles of confederation -1 single chamber -Equal number of delegates from each state.

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Planes proposed -Virginia: delegates proposed a plan that called for bicameralism, or the division of legislators into two separate assemblies. In this proposed two-chamber Congress: states with larger populations = more representatives in each chamber. Smaller states New Jersey were unhappy with this proposal. -NJ plan: proposed single-chamber Congress with equal representation and more state authority

This debate lead to the Great Compromise (Connecticut) = proposed: o Bicameral Congress, members apportioned differently in each house  1. Upper house: The senate ---- 2 members each state (smoothed fears of smaller states)  2. Lower House: House of representatives ----- membership proportional to population in each state. (protected ideas of larger states)

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In the final draft of the U.S. Constitution (convention Philly 1787), the bicameral Congress was given a number of powers and limitations. --- in Article I (Appendix B). These powers and limitations were the Constitutional Convention’s response to the failings of the Articles of Confederation.

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This article describes the minimum age of congress persons (Section 2), requires that Congress meet at least once a year (Section 4), guarantees members’ pay (Section 6),

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 gives Congress the power to levy taxes, borrow money, and regulate commerce (Section 8). Those at the Constitutional Convention purposely structured the U.S. Senate differently from the House of Representatives because wanted to: encouraging The concept had existed in different representative memberships in the two houses. Europe as far back as the medieval era. Ex: initially=the power to elect senators was given to the UK: names are: state legislatures House of Lords Now = power to elect senators given to public. Also min age House of commons requirement for house of representatives is (25 years old = House)(30 years old=be a senator) Bicameral system requires:  Two houses to pass identical bills (or proposed items of legislation) ---- this assures that both houses agree and send this info to president.  --------- this is a difficult process on purpose = framers wanted a difficult process for a legislation to become law because: 1- Difficult for congress to act on fleeting instincts without the necessary deliberation 2- Bicameral system ensures that large-scale reform is difficult to pass and the status quo = more likely to win the day. 3- Difficult for a single interest group to enact laws and restrictions.

Senate Representation and House Apportionment -

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Senate: Constitution says: each state 2 senators – 6 year term Total: 50 states x 2 = 100 seats US Senate. Senators: originally elected by states legislatures until 1913 when Seventh Amendment approved. Now: elected by popular vote in each state. House of Representatives: Seats distributed among states based on each state population. Each state secured at least 1 seat in the House. The 114th Congress House of Representatives

Senate

Total Number of Members

435

100

Number of Members per State

1 or more, based on population

2

Length of Term of Office

2 years

6 years

Minimum Age Requirement

25

30

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Achieved thru: equal proportions method (used mathematical formula to allocate seats based on the US Census Bureau population data) ---- gathered every 10 years. Thru out the year = population increased = more seats in the House. ----- por eso= 1929 agreement to max seats in the House was 435. Redistricting: every 10 years after each census (The boundaries of legislative districts are redrawn as needed to maintain similar numbers of voters in each while still maintaining a total number of 435 districts)

(7 states with only one representative (Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming). Most populous state, California= total of 53 congressional districts.

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Two problems remaining in the House:

1. Size of each representative’s constituency—the body of voters who elect him or her. 2. Challenge of Washington DC (First, the average number of citizens in a congressional district now tops 700,000. This is arguably too many for House members to remain very close to the people.)( second problem is that the approximately 675,000 residents of the federal district of Washington (District of Columbia) do not have voting representation. Like those living in the U.S. territories, they merely have a non-voting delegate)

CONTROVERSY SLAVES: States / large slave population: wanted slaves to be counted as part of total population. States / small slave population : didn’t want them counted Solution: for purposes of congressional representation: Three- fifths or 60% ---- Slave who could not vote counted as three fifths of a person. When Abolition slavery happened: they now counted fully toward congressional representation. Africans Americans obtained Voting Rights Act (1965) =democrats wanted to give more representation to African minority by (creating majority. Minority districts within states, where African American became majority and gain electoral power to send representatives to Congress) = this districts helped to quintuple the number of African American representatives in Congress. = aquellos en contra dicen que esto llevo al Gerrymandering (manipulation of legislative boundaries to favor a particular candidate) Ej: Elbridge Gerry(1812) signed redistrict plan that benefited his party. = Gerrymandering = legal

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Congressional Powers Enumerated Artcile 1 – Section 8 Power explicitly stated in the Constitution. Power of Purse: (levy taxes and appropriations power) = Congress controls money -

power to levy and collect taxes,

Implied Not specifically detailed in the Constitution but inferred as necessary to achieve the objectives of the national government -

“Necessary and proper

Inherent Must be assumed to exist as a direct result of the country’s existence. Not mentioned in the Constitution, not even have a convenient

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declare war, raise an army and navy, coin money, borrow money, regulate commerce among the states and with foreign nations, establish federal courts bankruptcy rules, establish rules for immigration and naturalization, issue patents and copyrights. override a presidential veto with a two-thirds vote of both houses (found in the ConstitutionArticle II, Section 7, in the case of the veto override).

Powers to serve as checks on the other branches: -

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Congress’s sole power to introduce legislation, Senate’s final say on many presidential nominations and treaties signed by the president. House’s ability to impeach or formally accuse the president or other federal officials of wrongdoing (the 1 step in removing the person from office; the 2 step, trial and removal, takes place in the U.S. Senate).

Power to oversight actions of the president and his administration: -

right to review and monitor other bodies = executive branch. Congress power to introduce legislation effectively limits the power of the president. Senate’s exclusive power to give final approval for many of the president’s nominees, (including cabinet members and judicial appointments, compels the president to consider the needs and desires of Congress when selecting top government officials)

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cause” = Congress “to make all Laws which are necessary for execution of powers, vested by Constitution. - Laws that regulate banks (establish a minimum wage, and allow for the construction and maintenance of interstate highways are all possible because of the implied powers granted by the necessary and proper clause)

clause in the Constitution to provide for them. = powers Congress has that are essential to any functioning government that the framers saw no need to spell them out. -

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control borders of the state expand the territory of the state, defend itself from internal revolution or coups.

These powers are not granted to the Congress, or to any other branch of the government for that matter, but they exist because the country exists.

Removing a president from office.

LIMITS OF CONGRESS TO REGULATE Short Clause – Article I Section 8 -

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Congress is empowered to “to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” Until 19th century Congress controlled interstate – intrastate commerce. Controlled as regulator because US improved economy. Congress is empowered to “to regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes.” • Marbury vs Madison (1803) Supreme Court assumed power to declare laws unconstitutional.

PRESIDENT (EXECTUTIVE) VS. CONGRESS (LEGISLATIVE) Other two branches were weak compared to Legislative, but presidents have tried to increase their power.

20th century = disputes began 1- Country grew larger and complex = needed government to assert its regulatory power. The executive branch is seen as smoothly run so this gives president advantages in the struggle for power. And gives Congress an incentive to delegate authority to the president on processes, such as trade agreements and national monument designations, that would be difficult for the legislature to carry out. 2- Has to do with the president’s powers as commander-in-chief in the realm of foreign policy. 22nd Amendment: creation = Franklin D. Roosevelt due to Great Depression and WWII gained popularity and was elected 4 times= shadowed the congress = congress creates this amendment to limit presidents power to 2 periods. -

Cold war, Truman sin permiso del Congress, sent troops to Korea. Ejemplo de que el congress perdia poder.

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Vietnam war = congress tried to regain power by creating War Powers Resolution (was intended to strengthen congressional war powers but ended up clarifying presidential authority in the first sixty days of a military conflict. 9/11 also strengthened the president’s hand)

SUMMARY -

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The Constitution established a bicameral legislature, with a Senate composed of two members from each state and a House of Representatives composed of members drawn from each state in proportion to its population. Today’s Senate has one hundred members representing fifty states, while membership in the House of Representatives has been capped at 435 since 1929. Apportionment in the House is based on population data collected by the U.S. Census Bureau. The power of Congress to regulate interstate and intrastate commerce has generally increased, while its power to control foreign policy has declined over the course of the twentieth century.

2. Congressional Elections To be elected House must: 1. be U.S. citizen at least seven years’ standing 2. min. 25 years old. 3. Representatives serve 2-year terms. Members elected by voters in specific congressional districts. 435 congressional districts total = 435 house members (each state has a number of House districts roughly proportional to its share of the total U.S. population) -

At least 1 House member per state

To be elected Senate must: 1. Senators have nine years’ standing as citizens 2. Min. 30 years old when sworn in. 3. Senators serve six-year terms. Per the Supreme Court decision in U.S. At least 2 senators per state. Term Limits v. Thornton (1995), there are currently no term limits for either senators or representatives, despite efforts by many states to impose them in the mid-1990s House -

Senate More structured leadership: because elected every 2 years must fulfil demands to be reelected.

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Nos structures leadership: because long 6 year terms Rules of the Senate allow individual members to slow down or stop legislation they dislike

CONGRESSIONAL CAMPAIGN FUNDING -

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Expensive Direct campaign contributions in congressional elections comes from individual donors, who are less influential than the political action committees (PACs) that contribute the remainder Congress created reforms to control campaign finance: o Federal Election Campaign Act (1970) o Created Federal Election Commission (FEC) --- candidates forced to explain where they got campaign money, and where spending it o Bipartisan Campaign Reform Act / BCRA (2002) or McCain-Feingold Act: --- limit the use of soft money (raises for purpose like party building efforts, get out the vote efforts, issue advocacy ads). Unlike hard money= heavily regulated and limited to candidates.  placed limits on total contributions to political parties,  prohibited coordination between candidates and PAC campaigns  required candidates to include personal endorsements on their political ads.  Until 2010, it also limited advertisements run by unions and corporations thirty days before a primary and sixty days before a general election o Citizens United v. Federal Election Commission = removal of spending limits on corporations. Majority argued that the BCRA violated a corporation’s free-speech rights = began as a lawsuit against the FEC: filed by Citizens United (nonprofit organization) that wanted to advertise a critical to senator and Hillary Clinton ( 2008). Conclusion = the Court opened soft money flowing into campaigns again. o PAC: organization = raises hard money to elect or defeat candidates.  be run by businesses and other groups to support their special interests.  highly regulated in amount of money they can take and spend, o Super PACs aren’t bound by these regulations.

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cannot give money directly to a candidate or a candidate’s party, they can raise and spend unlimited funds they can spend independently of a campaign or party.

Amounts adjusted every 2 years, based on inflation. Limits = create a more equal playing field for the candidates who must raise their campaign funds from a broad pool of contributors.

INCUMBENCY EFFECTS Incumbents = elected officials who currently hold an office. Amount of money they raise against their challengers demonstrates their advantage. Incumbents win a large majority of congressional races each electoral cycle. Attract more money: because people want to give to a winner. -

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House, the percentage of incumbents winning reelection has hovered between 85 and 100 percent for the last half century. Senate, only slightly more variation, but it is still a very high majority of incumbents who win reelection. Even in the worst political environments, incumbents are very difficult to defeat.

Incumbent advantage or the incumbency effect = difficulty of unseating an incumbent in the House or Senate -

The advantage in financing Incumbents often have a much higher level of name recognition. (gente prefiere votar por alguien conocido)

PRIVILEGES INCUMBENTS Large percentage of congressional districts across the country are “safe seats” in uncompetitive districts, = candidates from a particular party are highly likely to consistently win the seat. = the functional decision in these elections occurs during the primary, not in the general election. -

Political parties in general prefer to support incumbents in elections, because the general consensus is that incumbents are better candidates, and their record of success lends support to this conclusion.

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State power they have at their disposal. = One of the many responsibilities of a sitting congressperson is constituent casework. Constituents routinely reach out to their congressperson for powerful support to solve complex problems, such as applying for and tracking federal benefits or resolving immigration and citizenship challenges.

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Incumbent members of Congress have paid staff, influence, and access to specialized information that can help their constituents in ways other persons cannot. And congresspersons are hardly reticent about their efforts to support their constituents. Often, they will publicize their casework = publicity very effective in gaining support of voters.

Local and National Elections The most important motivations directing voters are rooted in local concerns 1960, political scientist Angus Campbell proposed the surge-and-decline theory to explain voting patterns -

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Voters not interested in politics: vote for the party holding the presidency. o Exceptions: Bill Clintons presidency with Monica Scandal, and 911. Evidence suggests that national concerns, rather than local ones, can function as powerful motivators at the polls o Ej: Irak War : Voters in large numbers were motivated by the political and economic disaster of the war to vote for politicians they believed would end it.

Voters who favor a particular party in a presidential election are now much more likely to also support that same party in House and Senate elections

Summary Each representative of house and senate must raise considerable sums of money in order to stay in office. Incumbents tend to have the easiest time funding campaigns and retaining their seats. They also benefit from the way parties organize primary elections, which are designed to promote incumbency.

3. CONGRESSIONAL REPRESENTATION Types of representation: Definition: Senators and House members are representatives. (they speak for and make decision for local populations = (constituents) |____ Representation: elected leader looking out for his constituents whiles carrying out duties of the office. |___ Theoretically: voting helps congress person to better represent the population. Pero = complex – elected leaders don’t always where their constituents stand/want. And different interests groups |____ Traditionally: -- representatives have seen their role as a delegate or trustee, believing has power to fulfill wishes of constituents.

Delegate model representation

Trustee model representation

Delegates not permitted the liberty of using their own judgements while acting as representatives in Congress

Trustee parties will look to party consensus, leadership, powerful interests, member´s own personal views. National trends to better identify to make good vote choices.

Ej: Topics Ej: Complex questions -

Gun´s rights

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Abortion

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Economic reforms

of Politico model representation

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Representatives try to balance the important principles of the delegate and trustee models. Members of Congress act as either trustee or delegate based on rationa...