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Chapter Seven Congress Carl D. Cavalli

Learning Objectives After covering the topic of Congress, students should understand: 1. The origins and representative nature of Congress and the roles of individual members. 2. The organization of Congress, including the leadership and the committee system. 3. The functional processes, including legislating and annual budgeting. 4. ,nÀuences on the decisionmaNing of members of Congress. Abstract1 The framers created a bicameral congress out of their concern that the legislature is the most powerful branch. Beyond simple division into two houses, they deliberately created differences: different terms, and different methods of apportionment. They allowed each house to create its own rules and organization. This separation results in a complex parallel structure of rules and behavior that produces signi¿cantly differing views on policy from representatives and senators—even though both are attempting to represent their constituents. The resulting legislative and budgetary processes are dif¿cult, complicated, and more liNely to lead to failure than success for any given proposal. In recent decades, the Congress has evolved to meet public demands for greater democracy and openness, and has attempted to adapt to increasing polarization between the political parties. This evolution results in even greater complexity and a focus on responsiveness (to constituency) over responsibility. Introduction The First Branch The ¿rst branch of government described in the Constitution is the Congress. The framers made this choice deliberately. If politics is about µµZho gets Zhat, Zhen, hoZ¶¶ /assZell, 13, then it is important to ¿rst consider those who decide these things—the Congress. Congress does its work in the Capitol building in Washington, DC. Not surprisingly, the structure of the Capitol itself lends clues to the operation 1 Portions of this chapter were originally included in Cavalli, Carl. D. 2000. Congress. Lesson 9 in POLS 1101: American Government. University System of Georgia eCoreTM

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of Congress. The building is divided into three connected segments: two large columned wings on either side, connected in the center by a towering dome. The center dome is vast, decorative, and largely empty (except, of course, for the hordes of gawking tourists). All the action occurs in the two intricate and busy wings. The architecture of the building is a close metaphor for the Congress itself: two complicated, active houses forever linked to one another and to the public (those gawking tourists). Why two? Why linked? And above all, why so busy? %asics Bicameralism %icaPeraOisP is the division of legislative body into two chambers. In our case, Congress is divided into two houses: the House of 5epresentatives (or simply, µµ House¶¶) and the Senate. What is the purpose of bicameralism? -ames Madison had this to say in )ederalist 1, µµIn republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit.’’ The framers feared Congress might become the most powerful, and thus dangerous, branch. Their solution to the problem of power was division. With the legislative branch, this meant division into two houses. Notice Madison’s quote above, though. The focus is not on simply dividing the Congress into two twin houses. 5ather, it is µµto divide the legislature into different branches. . . as little connected with each other’’ as possible. Here are some examples of these differences: Two Different Branches to the population of each state (states with larger populations have more representatives), while the smaller Senate has 100 members apportioned two per state regardless of population. Because of this system, representatives in the House generally have fewer constituents than do senators. There are from 1 to 53 representatives per state whereas both senators in each state represent its entire population.

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same number of constituents whereas senators represent vastly different numbers of constituents. It also means a representative’s constituents are usually more homogeneous than a senator’s. serve for six years. the Constitution requires them be at least 25 while it requires senators be at least 30, and second, because the House is often informally considered a stepping-stone to the Senate. House (but the Senate must still concur), while the Senate has exclusive powers to con¿rm executive and Mudicial appointments and ratify treaties negotiated between the United States and other nations. Why the differences? The answer may come from examining the effects of these differences. With generally smaller constituencies and a shorter term of of¿ce, the connection between House members and the public is both closer and more direct. The short two-year term also means representatives are constantly in campaign mode (think about it: They are forever either running for re-election this year, or next year). There is often a got-to-get-it-donenow-because-I’m-up-for-re-election mentality. In addition, the generally smaller, more homogeneous constituency also means representatives are less likely to deal with diverse opinions on any issue. With larger and more varied constituencies, a longer term of of¿ce, and generally older members, the Senate is more µµelite’’—less directly connected to the public. The mentality in the Senate is often one of going slow and of considering a wide array of views on any issue. George Washington is supposed to have said that µµwe pour legislation into the senatorial saucer to cool it’’ (Thomas Jefferson Encyclopedia, 2009). The differences between the houses produce different perspectives. The views of senators will differ from the views of representatives. They will argue. There is an often-repeated tale that suggests a junior House Democrat once referred to House Republicans as µµthe enemy.’’ This junior representative was quickly corrected by a more senior member who intoned that the Republicans are simply rivals—µµthe Senate is the

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enemy’’ (e.g., see Ornstein, 200). What we today refer to as µµgridlock’’ is something to which the framers would not object. They feared quick action far more than they feared delay. Lawmaker, Representative What is the role of a legislator? Most people would answer that the basic job is to create laws. This description is correct, but incomplete. Equally important is a focus on representing the public. But what does µµrepresentation’’ mean? There are several ways of de¿ning the term. Representation Does Congress truly represent the public? One way to assess representativeness is to see if it shares the same demographic characteristics as the public. In other words, does Congress look like the public? The answer is clearly no! A 2013 study found that the average ages in the House and Senate are 57 and 62, respectively—more than 20 years older than the average American (Manning, 2013). Most members are lawyers or political professionals.2 Also, while there are more women and minorities in Congress than ever, they are still vastly underrepresented compared to the general public. For example, in 2013, 18.9% of Congress was female compared to over 50% of the general public, and just under 8% of Congress was African American compared to around 13% of the general public. In addition, there are far more military veterans and far more Protestants than are found in the general public. So, from a demographic standpoint, Congress does not represent the public at all. However, demography is not the only type of representation. Another type is known as agenc\ representation. Do members of Congress speak for their constituents (in the same way that µµagents’’ in the entertainment and sports professions speak for their clients)? This assessment method yields a far more positive answer. One way to measure agency representation is to see if constituents express their satisfaction with their incumbent representatives by voting to re-elect them. Over the last 25 years, re-election rates in the House average over 90% and have not dropped lower than 87%. Over the same period, rates in the Senate average over 80% and have not dropped lower than 75% (The 2012 rates were 90% 2 A µµpolitical professional’’ is someone who has worked most of their lives in political of¿ces, either as legislative or administrative assistants, or as elected of¿cials in local or state of¿ces before their election to Congress.

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in the House and 91% in the Senate). These consistently high re-election rates are particularly interesting given the relatively low levels of public support shown for the Congress as a whole in recent decades—currently in the teens, and rarely above 50% over the last 25 years (Gallup 2013). In total, this data suggests that while the public does not often approve of the collective actions of Congress as an institution, they are more than satis¿ed with their own members of Congress (e.g., see Mendes, 2013). Indeed, researchers like David Mayhew (1974) ¿nd that it is this µµelectoral connection’’—regularly facing the voters—that largely promotes agency representation. It appears to be a conscious design of lawmakers. Their desire for re-election produces a palpable focus on what Richard Fenno (2003) calls µµhome style.’’ That is, legislators are concerned about how they are perceived by their constituents. As Fenno says, there is no way the act of representing can be separated from the act of getting elected. If the congressman cannot win and hold the votes of some people, he cannot represent any people. . . [T]he knowledge that they will later be held accountable at the polls will tend to make [representatives’] behavior more responsive to the desires of their constituents. (p.233) To build support, µµ>M@embers of Congress go home to present themselves as a person and to win accolade: µhe’s a good man,’ µshe’s a good woman’… And their object is to present themselves as a person in such a way that the inferences drawn by those watching will be supportive (p.55). Beyond simply appearing µµgood,’’ leadership and helpfulness are also part of the presentation: µµ[T]he core activity is providing help to individuals, groups, and localities in coping with the federal government. . . . [I]t is a highly valued form of activity. Not only is constituent service universally recognized as an important part of the job in its own right. It is also universally recognized as powerful reelection medicine (p.101). DISTRICTING: WHO IS...