Legislative Revision

1. Legislative Revision A21 Check your answers

2. Congress A21 1a) The Framers wanted the Legislative branch to dominate as: • They feared Executive tyranny • They wanted an elected and representative Congress to be the voice of ‘the people’ and therefore dominant 1b) The Executive has dominated recently due to: • The growth of America and therefore Federal government • The growth of responsibilities • The nature of challenges – Great depression ; World war; Cold War ; Superpower status; 9/11; Credit crunch 2. A Congressman: Is a member of the House of Representatives

3. Codified Constitution Separation of Powers A21 Checks and Balances 3) Limitations to the powers of Congress Bill of Rights This is known as LIMITED GOVERNMENT

4. Separation of powers mean it is independent from the other branches and cannot be controlled by them It is not Party dominated like in the UK A21 It is Representative with a mandate 4) Why is the US Congress considered so powerful? It has enumerated and entrenched powers in the Constitution

5. Senate V's HOR A21 1 The US has a BICAMERAL system because: • It creates the most representative government – Pop/state • It would check and balance each other ensuring fairness and good legislation 2 The largest chamber is the House of Representatives 3 It has 435 members 4 Its constituencies are called: Congressional districts 5 They are elected every 2 years 6 The Framers wanted to ensure The representatives would be highly responsive to their districts and more respected as they were legitimate & representative 7 The largest representation according to population is California

6. Senate V's HOR A21 8 California has 55 seats 9 Small population states include: Wyoming, Delaware, North Dakota 10 Every 10 years there are Possible changes due to census change 11 The important set of elections are Mid Terms 12 These elections are important because: • They can bring about divided government or can affirm the Presidential mandate • They can act as a ‘bell weather’ to the Presidents progress after two years • They can kick start an election campaign for President

7. SENATE A21 1 The Senate has : 100 seats excluding VP 2 The Senate represents the States – equally 3 Senators are elected Every 6 years 4 The 2 houses are elected differently .. • To allow for more long term careful thinking in the Senate • To allow for experience and added debate in Senate • To merge representative ‘folks back home’ HOR to be tempered by diverse State wide thinking from Senate 5 The President of the Senate is : The Vice President – Joe Biden- They can vote when a tied vote Biden (never) Cheney (6 times)

8. Confirmation of Federal Appointments • Ratification of Foreign Treaties 6 Two exclusive powers to Senate are : A21 CONFIRMATION OF FEDERAL APPOINTMENTS Gives the Senate the power to control, if need be, the Presidents appointments. Senators must approve their appointment by a simple majority vote. It is unusual for Presidential appointments to be blocked but is a political negotiating tool when in divided government. It has been used to block appointment of George Bush Snr’s choice of John Tower as defence secretary (1989) RATIFICATION OF TREATIES This gives the Senate power of oversight into Foreign policy – a very Presidential domain. The Senate has to ratify foreign treaties made by Presidents to make them binding. Several have been rejected including Treaty of Versailles and nuclear limiting SALT treaty- Presidents now tend to pass treaties by Executive order to bypass this threat

9. 113th Congress • 435 Members • Represent by Population • REPUBLICANS control HOR • Elected every TWO years • Candidates must be over 25 • Be US citizen for at least 7 years • Have lived in the State for 7 years • Under 20% • 44 Black ; 25 Hispanic ; 7 Asian ; 1 Native American (19%) • Average age 56.7 • Professional background: business / public service /politics / law • POWERS EXCLUSIVE TO HOR • To consider money bills FIRST • To begin impeachment • To choose President in event of a tie A21 HOUSE OF REPRESENTATIVES

10. Key Figures in HOR • MAJORITY LEADER • Key Party kingpin and ‘leader’ of largest party in house • Crucial in coalition building / log rolling / legislation A21 HOUSE OF REPRESENTATIVES • MINORITY LEADER • Key Party kingpin and ‘leader’ of minority party in house • Still crucial in coalition building / log rolling / legislation as the majorities in the House are usually not very big • SPEAKER • Unlike the UK the Speaker is PARTISAN (Newt Gingrich) • Roles • Refers bills to Committees, appoints select committee and conference committee chairs while influencing the appointment of standing committee chairs, Appoints majority party contingent on House rules committee, and presides over the House enforcing its rules.

11. Shared powers A21 • To pass laws • To pass the budget • To undertake investigations into the actions of the executive branch • To start constitutional amendments by a 2/3rds majority in both houses • To declare war • To confirm the appointment of a newly elected vice President HOUSE OF REPRESENTATIVES

12. 100 Members • Represent by STATE • DEMOCRATS control Senate • Elected every SIX years • Candidates must be over 30 • Be US citizen for at least 9 years • Have lived in the State for 9 years • 20% most ever • 1 Black ; 2 Hispanic ; 1 Asian • Average age 62 • Professional background: Law / business / public service /politics • POWERS EXCLUSIVE TO SENATE • Confirmation • Ratification • To try impeachment • To choose Vice President in event of a tie A21 SENATE

13. Key Figures in Senate • MAJORITY LEADER • Key Party kingpin and ‘leader’ of largest party in Senate • Crucial in coalition building / log rolling / legislation A21 SENATE • MINORITY LEADER • Key Party kingpin and ‘leader’ of minority party in Senate • Still crucial in coalition building / log rolling / legislation as the majorities in the House are usually not very big • VICE PRESIDENT • Holds the casting vote – can be important in building coalitions • Timetables bills in absence of House rules committee • Can take over from President when incapacitated

14. 'The Senate is more powerful than the House' Discuss A21 • AGREE • Senators represent an entire State not a small part of it. • Senators serve 6 years—x3 Representatives • Senators are 1 out of 100 compared with 1 out of 435 in the House • Senators are much more likely to chair a committee than those in the House. • Senators have greater name recognition—due to their smaller number and more prestigious nature of the Senate. • House members frequently seek election to the Senate which speaks volumes. • It is the ideal starting point to the Presidency and has been successful for Obama, Kennedy, Johnston etc • Senators are also frequently chosen as Vice Presidential running mates • Senators have EXCLUSIVE POWERS—to ratify treaties / confirm Presidential appointments which gives it a say in holding the Executive to account—much more so than the House powers.

15. 'The Senate is more powerful than the House' Discuss A21 • DISAGREE • It requires BOTH Chambers to compromise in order to achieve effective legislation and policy. • All bills must go through BOTH houses—none can pass without the agreement of the other. • BOTH houses have powerful Standing committees—which can conduct investigative hearings at the committee stage • At conference committee stage members of BOTH houses are represented. • BOTH houses must agree to the compromise bill agreed in conference committee • To introduce a Constitutional Amendment both are required • To override a Presidential veto a 2/3rds majority in both chambers is needed.

16. What is a FILIBUSTER and how can it be overcome? A21 A FILIBUSTER is a Senate tactic of TALKING OUT A BILL. Tradition allows for Senators to have unlimited debate. This gives them the powers to simply talk a bill out of legislative time forcing its death through delay To prevent this there is the power of CLOTURE whereby 60 Senators are needed to vote a filibuster down This is increasingly hard to do. It requires at least 60% support for all legislation Filibusters are much more common in a partisan chamber with divided government in operation It has been called the ‘Soul of the Senate’ by defenders

17. 2nd Chambers Comparative HOUSE OF LORDS SENATE A21 • REPRESENTATION • It is unrepresentative with NO mandate. • It still has hereditary peers. • It has a political tinge to its make up through political appointments • It maintains 26 COE archbishops! • It has underwent a very slow period of reforms to try and democratise it with very little progress • REPRESENTATION • It has a mandate – being elected every 6 years. • It is representative of a State – however may favour smaller States unequally – Wyoming has same say as California for example • It is politically tainted unlike Peers in the HOL who are not under Party control per se

18. HOUSE OF LORDS SENATE • POWERS • In theory the two Houses have equal powers—however the Senate is now considered more important than the House. • EXCLUSIVE POWERS— The power to CONFIRM Presidential appointments and RATIFY treaties • Senate Committees play a key role in the legislative process in the US and are essential to producing legislation • The Senate also plays a key role in the budgetary process. • It CHECKS Executive power through the ratification and confirmation process mentioned above. • It would also be responsible for conducting trials for impeachment A21 POWERS Necessary as a check on the Commons—the government dominated lower chamber. It shares the Parliamentary workload (provides much needed scrutiny of bills by often expert eyes) It has the power to delay legislation for up to 1 year using the Parliament Act—This is rarely used but may force the Government to compromise. IT CANNOT DELAY Legislation for more than 1 year. Provides expertise and advice on public policy by experts in their field. Peers have little Party control and no constituency to consider allowing Peers greater freedom of expression Non controversial legislation can be initiated in the Lords.

19. 2nd Chambers Comparative SENATE HOUSE OF LORDS A21 • ESTEEM • Direct elections and TV coverage have both altered the nature of Congress “from old fashioned clubby enclave to springboard to Presidency” • Senators tend to build their political reputation and gain media coverage from serving as Senators (Kennedy, Nixon, Bush Senior, Obama) • It is regarded as the more prestigious House. • ESTEEM • The reputation of the Lords has been enhanced over the past few years. • The introduction of LIFE PEERS has created a much more diverse and representative Lords— (in terms of age ; background, Race, Gender and political persuasion) • This has also helped boost its activity as Peers are encouraged to actively challenge the Government. • The House of Lords now sits for longer and is one of the busiest legislative chambers in the world. • Of the 350 Peers who attend daily, many exhibit a greater degree of independence—free from the ties of Party or constituency. Blair’s powerful government suffered badly from defeats from a united Lords.

20. 2nd Chambers Comparative SENATE HOUSE OF LORDS A21 • ESTEEM • Direct elections and TV coverage have both altered the nature of Congress “from old fashioned clubby enclave to springboard to Presidency” • Senators tend to build their political reputation and gain media coverage from serving as Senators (Kennedy, Nixon, Bush Senior, Obama) • It is regarded as the more prestigious House. • ESTEEM • The reputation of the Lords has been enhanced over the past few years. • The introduction of LIFE PEERS has created a much more diverse and representative Lords— (in terms of age ; background, Race, Gender and political persuasion) • This has also helped boost its activity as Peers are encouraged to actively challenge the Government. • The House of Lords now sits for longer and is one of the busiest legislative chambers in the world. • Of the 350 Peers who attend daily, many exhibit a greater degree of independence—free from the ties of Party or constituency. Blair’s powerful government suffered badly from defeats from a united Lords.

21. Constant election campaigns mean it is vital to keep voters happy Locality rule Folks back home are much more important than party in America and vital for re election A21 Candidates also have to represent vital interests such as business to maintain war chest Why is representation so important in Congress? Have to bring home the bacon: Pork Barrel politics

22. Bring home the pork Investigate infringements for constituents A21 Town hall meetings Emails; phone calls How do they represent? Committee memberships All politics is local

23. What is PORK BARREL Politics A21 • This form of politics is both common and controversial in the US Political system. • It refers to the process of adding EARMARKS (or Pet projects) on to Appropriations bills in return for Political support

24. Pressure to Represent A21 • Congressmen rely on their constituents to vote them in every TWO years • Constituents want their congressmen to prove their worth by ‘bringing home the pork’ This simply means getting their Congressional district a share of Federal schemes EXAMPLES: Alaskan Bridge to nowhere Mississippi railroad to nowhere

25. Pressure to Represent A21 • Earmarks have boomed in recent years as the Federal government has increased. • This has caused a great deal of concern particularly with the huge US deficit

26. Cleaning up the Pork • Earmarks have been highly criticised: • They balloon the Federal budget • Some schemes seem deeply flawed • Federal projects may be unfairly distributed • They can lead to corruption A21 In response the Office of management and Budget now openly publishes all earmarks

27. They have access to HUGE staff – District/State/ DC • Free postage Constant media coverage provides free publicity A21 Opportunities to bring home the bacon ‘ credit claiming Gerrymandering in favour of incumbent Why are incumbents reelected so frequently? Uphill struggle of new candidate to prove they can do better Huge campaign war chests from PACs Political action committees or special interests to protect or fight for certain policies

28. A21 7 Are there any challenges to this dominance? • The rise of the TEA PARTY has provided strong opposition to some candidates – Anti Washington – kick the bums out – 1994, 2008, 2010 • Unpopular incumbents can be targeted particularly over a scandal • Smaller war chest than opponents Have been suggested for years as a way of keeping congressional terms limited to certain time frames thereby keeping Congress fresh and proactive 8 TERM LIMITS:

29. Representation A21 • Typical representative: White, Male, Professional, Well educated, Wealthy, Law, politics, business background, 50’ish b) Perception that education/money is required- built on by media c) The need for a large ‘War chest to fund the campaigns a) ‘Ordinary people’ do not put themselves forward 2. Why is Congress Socially unrepresentative? e) Progress is glacial in US. The re-election rate is such that change to the status quo will always be very slow and unlikely d) An occupation for the rich – Kennedys, Bush dynasty, Romney

30. Representation A21 • The House is more representative than the Senate due to: • Constant reelection every 2 years • Locality rule links congressman/woman to district • Senator is in charge of diverse State / Congressmen are in charge of less diverse more unified districts • Congressmans role is to bring back the pork • Signs of Greater representation: • More women than ever before (20%) Use of Emilys list to promote women candidates in politics • Growth of PAC’s Political Action Committees to push forward candidates. NAACP • Growing black/hispanic activism (Bush campaigned strongly in Cuban America) • Majority Minority districts – districts with heavy minority influence

31. A21 Effectiveness as Legislators

32. M.Ps Congressmen • LIMITED power as legislators. The Executive initiates and pushes through most legislation in UK • Fusion of Powers in UK allows the Executive to dominate the political process. How? • Cabinet is controlled through patronage / collective responsibility • Backbenchers are controlled through patronage / strong party control and whips. They have limited power to impact • PMB’s are limited in scope due to lottery nature • Early day motions also need Government support to start or pass legislation • Congressmen have a great deal more power in legislation. They can initiate constitutional amendments and laws. • They can all be part of very powerful committees with wide investigative and scrutinising powers with the ability to make or break bills • Separation of powers ensures compromise with other powerful branches. Congressmen can override a veto or a constitutional amendment. Committees can pigeonhole bills. Earmarks may be added to influence the legislation. Lobby groups play an influential role. NRA

33. M.Ps Congressmen • MP’s can have power under the right circumstances. Low government majority (Major) Leadership challenge (Thatcher) • Rebellions against government policy have been relatively common even in powerful governments like Blair (University fees; anti terror laws) • MP’s can produce legislation with the right support. Some of the biggest pieces of modern legislation have been PMB’s abolition of death penalty; legalisation of divorce abortion and homosexuality • MP’s have growing power in select committees and the ability to AMEND and VOTE • Weaker party ties allow for more freedom of conscience in USA • Powerful committees have huge powers to pigeonhole bills undermining a Congressmans power of influence. • Constant compromising to gain pork can lead to major problems and obstacles to progress • Divided government and gridlock can overcome any benefit as legislators – delaying and often killing much needed legislation • Power of lobby groups– interest groups vs voters

34. For members of Congress representing their voters comes first. For MP’s representing their voters comes second or even third” Evaluate this view [30] (2011) A21

35. M.Ps Congressmen • REPRESENTING VOTERS COMES 2nd? • Elections only every 5 years • Party ties are strong and locality rule is not in place in UK • MP’s have limited ability to influence in UK and this is recognised • Safe seats culture • Loyalty to party will ensure promotion and patronage is much used to control along with role of whips. Careers therefore will be short if they do not toe the line. • Executive dominates in UK unlike US. Fusion of powers places much power in Executive hands • REPRESENTING VOTERS COMES 1st? • Constant re-election campaigns – every 2 years in HOR – They have to deliver the goods (or the bacon) • Much greater link to district – locality rule • Scrutinised by local media – effectiveness in Congress and committees • Importance of town hall meetings lobby groups • The folks back home – keeping them happy • Party ties not as strong therefore more room to work of constituency

36. M.Ps Congressmen • REPRESENTING VOTERS CAN COME 1st? • MP’s are constantly looking for reelection too and will aim to please constituents • More volatile and tactical voting reduces the amount of truly safe seats – Hamiltons and Tatton in 1997 (Martin Bell) • Backbench revolts show that MP’s do not always toe the party line. Resignations by Clare Short and Robin Cook in Blairs cabinet show that even he was vulnerable • REPRESENTING VOTERS DOES NOT ALWAYS COME 1st? • The power of the war chest and interest groups often speaks louder than constituents needs • Huge funding lobby groups like the NRA can have a massive influence on Congressmen and prevent truly popular and needed legislation like Gun Control • Delicate balancing act between sponsors and voters • Increasing partisan politics and increase in power of party

37. Public concern over legislatures A21

38. UK US EXPENSES SCANDAL A massive expenses scandal rocked Westminster in 2006 when it was discovered by a newspaper just what expenses M.Ps were claiming—often illegally. CONTROVERSIAL ISSUES Britain’s slide to war in Iraq against a huge tide of public opinion rocked public confidence in MP’s, Tony Blair, New Labour and Politics CASH FOR QUESTIONS In the last 15 years several scandals have emerged over M.Ps actually being paid to ask questions for wealthy clients or organisations (this was illegal) OUTSIDE INTERESTS There is a widespread distrust that politicians are in the pocket of powerful organisations and lobby groups (The Tory link to Rupert Murdoch and SKY is a case to mention THE BEST CONGRESS MONEY CAN BUY’ There is a simple feeling that money talks in Washington and the peoples real concerns are left behind. There is a real perception that Congressmen don't act in the national interest. This has led to anti government independent candidates such as ROSS PEROT in 1992. LOBBYISTS V’s CITIZENS There is real concern that congress acts more to please powerful lobbies than its own citizens. BIG ISSUES LEFT UNTOUCHED The nature of US politics means that huge and important issues such as dealing with the massive national debt are left and not dealt with

39. UK US FEAR OF BAD LEGISLATION There is a fear that UK legislative proposals are inherently weak due to the nature of the system. The majority party for example can rely on the support of its backbenchers (usually) This it is argued can lead to bad legislation (eg Child Support Agency ; Criminal Justice Act) GENERAL DISLIKE OF POLITICIANS There is a dislike of Yaboo politics—the dramatic but seemingly ineffective politics of debate in the Commons MALAISE There is a general dissatisfaction with Politics across the Western world perhaps due to the economic downturn too SLOW AND CUMBERSOME The legislative process in the US appears both slow and cumbersome. Congressional turnover of legislation is low. FAILURE TO WORK TOGETHER There has been criticism that Congress fails to work together as a collective entity. While Congressmen may represent their states adequately. They cannot seem to cooperate as a legislative two Congress theory’ GRIDLOCK Congressional petulance leads to Gridlock—such as the US budget

41. WHY IS IT SO DIFFICULT TO PASS LEGISLATION IN CONGRESS? A21

42. The reasons are that Congress is actually DESIGNED NOT TO WORK. A21 • The system of CHECKS AND BALANCES is such that the only way anything can be done is through a very rigorous set of COMPROMISES • Between institutions • Between Parties • AND often Within Parties There are 7 factors that have been considered by Anthony Bennett as to why legislation is so difficult to pass:

43. 1) Complicated Process A21 There are a great deal of hurdles to overcome in the US system “It is stacked against the enactment of Law” • In the US the COMMITTEE STAGE is fundamental and comes BEFORE the Second reading • It is carried out by a permanent and SPECIALIST Policy committee • They have life or death say over bills AND are deferred to by other members due to their status as Specialist. In UK, there are 3 readings and a committee stage. The Committee stage comes after the 2nd reading and is carried out by a non specialist and partisan committee Remember how much control the Government / party has in these areas.

44. 2) The need for SUPER MAJORITIES A21 • Any bill must have a MAJORITY in BOTH HOUSES • Any bill must have a MAJORITY of 3/5ths in the SENATE • (To end a FILIBUSTER requires 60 members) • Any bill VETOED by the President must have a MAJORITY of • 2/3rds in BOTH HOUSES • Supporters in this case have an uphill struggle. • EXAMPLE: Clinton vetoed the LATE TERM ABORTION BAN BILL • The House voted over 2/3rds to overrule the veto • The Senate however were 3 votes short of the 2/3rds required • THEREFORE: despite the fact that the majority overall wanted the ban the President (and minority supporters) still won the day

45. 3) BOTH Houses possess EQUAL POWER The UK has only one real chamber to deal with when it comes to legislation. The Lords can only delay bills A21 The US has a bicameral system where BOTH houses share equal power necessitating compromise and negotiation It also leads to the potential problem of DIVIDED GOVERNMENT & GRIDLOCK. BILLS MUST BE APPROVED BY THE STANDING COMMITTEES OF BOTH CHAMBERS

46. 4) The Two houses may be controlled by different parties A21 The separation of powers can lead to partisan chambers and often has done. This adds to complications. Although some may say it increases the scrutiny given to laws and appointments. During periods of divided government the House and Senate may be working towards different agendas and their committees chaired by people of very different ideologies. It can lead to GRIDLOCK in some circumstances

47. 5) The President and Congress may be controlled by different parties A21 Again the separation of powers can lead to divided Government between President and Congress. This adds to complications. Between 1969 and 2001 for only 6 years did the President remain the same party as the Congress The use of the Presidential veto is greatest during a period of divided Government. (7 per year as opposed to an average of 2 per year) Divided government can cause a President a great deal of problems as Clinton found out. Clinton (Dem) wanted an increase in the minimum wage Congress (Rep) wanted cuts in Federal programmes!

48. 6) Party discipline is weak A21 A Presidential majority is no guarantee of success. Of Clintons 6 legislative proposals in 1993 only 2 were passed (even with majority’s in the House and Senate Most votes in Congress are BIPARTISAN – One group of Democrats AND Republicans voting against another group of Dems and Reps. Check the example of No Child Left Behind

49. 7) Decentralised power A21 • Previously there was a set of key players called ‘ the Kings of the Hill’ • Speaker ; majority leader and Committee chairmen • Over time however power moved from very powerful committee chairmen to subcommittee chairmen. • The powerful FEW became the considerably less powerful MANY • Piecing together coalions therefore is notoriously difficult now • “LIKE SEWING BUTTONS ON TO CUSTARD”

50. Committees • Wilson was trying to show that the main business of government in the US was based in the Committee. The debate and work in the chamber was merely the outer workings of the work of governing A21 c) They conduct public hearings with extensive powers to call for witnesses or papers (Subpoena) a) Key legislative role. Power to pigeon hole and kill a bill as well as amend/block b) They are permanent with large staff. They are also specialist which gives their views gravitas 2. Why are Congressional committees so powerful? d) Very close links with pressure groups/trade bodies – Iron triangles – Military industrial complex e) Blue ribbon committees like Ways and Means / appropriations/ Senate Foreign affairs has powerful roles – budget/legislation/FP and Confirmations