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Chapter 12
Congress

American Democracy Now, 8th edition

Brigid Callahan Harrison
Jean Wahl Harris
Michelle D. Deardorff

© McGraw Hill LLC. All rights reserved. No reproduction or distribution without the prior written consent of McGraw Hill LLC.
 The Origins of Congress 1

In structuring the Congress, the framers strove to

create a legislative branch that was powerful enough to
govern and to check the power of the president and
yet not so powerful that the legislature itself would
exercise tyrannical rule.

Constitution created a bicameral, or two-house,

legislature in which one house, the House of
Representatives, would be based on population, and
the other chamber, the Senate, would be based on
state representation.

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 The Origins of Congress 2

House of Representatives, with the smallest

constituencies of any federal office (after the 2020
census, about 761,169 people reside in each
congressional district), is the chamber closer to the
people.

Framers conceived the Senate to be a more elite, more

deliberative institution, one not subject to the whims of
mass politics like its lower-house counterpart.

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 Congressional Elections

House members are elected every two years, in

even-numbered years.
Framers sought to check the power of the people, so
members of the Senate originally were chosen by
state legislators.
Ratification of the Seventeenth Amendment in 1913
shifted the election of senators to popular election
within the states.
Senators serve six-year terms, staggered so that one-
third of the Senate is elected every two years.
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 Incumbency

Why do incumbents so often win reelection?

• Stronger name recognition.
• Easier access to media coverage.
• Redistricting that favors the incumbent party.
• Franking—free mailing privilege.
• Campaign contributions.
• Casework.
• Incumbent quality.

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 Reapportionment and Redistricting

Reapportionment is the reallocation of seats in the

House of Representatives on the basis of changes in a
state’s population since the last census.

Redistricting, the redrawing of congressional district

boundaries within a state, is based on the
reapportionment from the census.

Greatest shifts in House composition occur in the first

election after reapportionment and redistricting.
• 2012, 2022, and so on.

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 Gerrymandering

Redrawing of congressional boundaries for the purpose

of political advantage is a form of gerrymandering, the
practice of drawing legislative district boundaries to
benefit an incumbent, a political party, or some other
group.

Most forms of gerrymandering are legal.

In 2020, the Supreme Court ruled that federal courts

cannot blanketly determine whether partisan-
gerrymandering election maps violate the Constitution.

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 Increased Partisanship and
Congressional Redistricting
In earlier times, redistricting occurred through a simple
redrawing of the lines of a congressional district to
accommodate population changes.

Today, computer-driven mapmaking technology helps

configure districts to ensure a “safe seat.”
• Representatives from many of these safe seats can act in a
partisan manner with impunity.
• In contrast, when congressional districts are more competitive,
a House member typically would have to temper their partisan
impulses.

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 Majority–Minority Districts

Majority–minority district is composed of a majority of

a given minority community—say, African Americans—
and the creators’ intent is to make it likely that a
member of that minority will be elected to Congress.

Supreme Court has ruled that such racial

gerrymandering is legal unless the state legislature
redrawing the district lines creates majority–minority
districts at the expense of other redistricting concerns.

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 Powers of Congress

Primary source of congressional authority is the U.S.

Constitution.
Constitution enumerates to Congress a number of
different powers.
Necessary and proper—or elastic—clause has also
allowed Congress to legislate in many matters not
described in the enumerated powers.
In addition to the Constitution, Congress derives power
from Supreme Court decisions, the media, and the
people.
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 Table 12.1 Enumerated Powers of the Congress
Type of Power Description
Judicial Powers • Establish the federal court system
• Punish counterfeiters
• Punish illegal acts on the high seas
• Impeach the president, vice president, and federal judges

Economic Powers • Impose taxes

• Establish import tariffs
• Borrow money
• Regulate interstate commerce
• Coin and print money, determine the value of currency

National Security Powers • Declare war

• Raise and regulate national armed forces
• Call up and regulate state national guard
• Suppress insurrections
• Repel invasions
Regulatory Powers • Establish standards of weights and measures
• Regulate copyrights and patents
Administrative Powers • Establish procedures for naturalizing citizens
• Establish post offices
• Govern the District of Columbia

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 Functions of Congress

Constitution is far more explicit in defining the

responsibilities of the national legislature than it is in
describing the function of the other branches of the
government.

In its shaping of congressional functions, the

Constitution’s concerns with limited government, checks
and balances, the separation of powers, and the
creation of a federal system are all readily apparent.

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 Representation Comes in Many Forms

Representation traditionally involves a House or Senate

member’s articulating and voting for the position that
best represents the views of their constituents.

Sometimes, a member of Congress speaks for other

constituencies as well.

Often, Congress’s policy-making function is at odds with

its representation function.

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 Models of Representation

Trustee model: a legislator follows their own

conscience about issue positions and how to vote.

Instructed delegate model: a legislator votes in keeping

with the constituents’ views, even if those views
contradict the legislator’s personal views.

Most analyses of representation indicate that

legislators are likely to combine these approaches in a
hybrid model, called politico.

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 Pork Barrel and Earmarks

Members of Congress also represent their

constituencies through pork barrel politics.
• Pork barrel refers to legislators’ appropriations of funds for
special projects located within their congressional districts.

Members of Congress also use earmarks as a means of

representing constituent interests.
• Earmark: a designation within a spending bill that provides for
a specific expenditure.

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 Casework

Casework involves providing representation in the form

of personal aid to a constituent or a group of
constituents, typically by getting the government to do
something the constituent wants done.

In doing so, the member serves in the capacity of an

ombudsperson, an elected or appointed representative
who acts as a citizen’s advocate.

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 Policy Making: A Central Responsibility

Policy-making function is the central responsibility that

the Congress carries out, and nearly all its other
functions are related to its policy-making role.

Congressional policy-making power also extends to the

operations and priorities of governmental departments
and agencies.

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 Oversight: A Check on the Executive Branch

Congressional oversight is the process by which Congress

“checks” the executive branch to ensure that the laws
Congress passes are being administered in keeping with
legislators’ intentions.

In carrying out their oversight function, members of

Congress use a variety of tools:
• Congressional hearings.
• Confirmation hearings.
• Investigations.
• Budgetary appropriations.

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 Agenda Setting and Civic Engagement

Congress engages continuously in agenda setting:

determining which public policy issues the federal
legislature should consider.

In setting the national agenda, Congress serves as a key

agent in molding the scope of civic engagement and
discourse, as people learn about, discuss, and form
positions about issues.

Frequently, agenda setting is itself influenced by public

discourse.

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 Managing Societal Conflict

Congress also has a significant influence in managing

the societal conflict inherent in a divided society such
as the United States.

Examples of conflict:
• Higher wages versus “pro-business” policies.
• Policies that benefit rural areas versus those that benefit
urban areas.
• Money for seniors; money for children’s programs.
• Pro-life versus pro-choice.

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 The House and the Senate Compared 1

Constitution empowers the House of Representatives,

as the legislative body closer to the people, with
initiating any bills that result in taxes.

It empowers the Senate, as the more deliberative

house, to give the president advice and consent on
appointments and the ratification of treaties.

Electoral and legislative structures are also sources of

differences between the two houses.

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 The House and the Senate Compared 2

Differing length of representatives’ and senators’ terms

of service affects how members of each chamber of
Congress relate to their constituents.

Although the House and the Senate differ in their

constitutionally determined duties, both must pass any
piece of legislation before it can become law.

Larger size of the House of Representatives, with its 435

members, necessitates a more formal legislative
structure to prevent unruliness.

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 Table 12.2 Differences Between the House and the Senate

House Senate
Larger (435 members) Smaller (100 members)

Shorter electoral cycle (2-year term) Longer electoral cycle (six-year term)

Narrow constituency (congressional districts) Broad constituency (states)

Less prestigious More prestigious

Originates all revenue bills Ratifies treaties; confirms presidential nominees

Less reliant on staff More reliant on staff

Power vested in leaders and committee chairs Power distributed more evenly

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 The Legislative Process

Bill: a proposed piece of legislation.

There are five steps to a bill becoming law:

(1) Introduction.
(2) Committee review.
(3) House and Senate approval.
(4) Conference committee reconciliation.
(5) Presidential approval.

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 Figure 12.2
The Legislative Process

Access the text alternative for slide images.

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 Introducing a Bill

In the House of Representatives, a member of a

legislator’s staff drafts the proposed legislation, and the
House member puts the bill into a wooden box known
as the hopper, which is found on a desk at the front of
the House of Representatives.

In the Senate, submitting a bill is less formal: It is

announced in a speech on the Senate floor, or a written
draft is submitted to the Senate clerk, or an
amendment to an existing bill being considered may be
offered.

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 The Bill in Committee 1

Most bills that are introduced “die” in committee.

Committee chairs are often chosen using the seniority

system, by which the member with the longest
continuous tenure on a standing committee receives
preference when it chooses its chair.

Standing committees are permanent committees with

a defined legislative jurisdiction.
• House and Senate each have 20.
• Parties in each chamber decide members’ committee and
subcommittee assignments.
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 The Bill in Committee 2

Select committee: specially created to consider a

specific policy issue or to address a particular concern.

Joint committee: composed of members from both

chambers.

Subcommittee: a subordinate committee in Congress

that typically handles specific areas of a standing
committee’s jurisdiction.
• House has 102; Senate has 67.

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 The Bill in Committee 3

When a committee or a subcommittee favors a

measure, it usually takes four actions:
• Agency review: executive agencies are asked for comment.
• Hearings: gather information and views from experts.
• Markup: suggested changes and amendments.
• Report: an explanation to the full chamber of a bill’s intent.

In the House of Representatives, a special measure

known as a discharge petition is used to extract a bill
from a committee to have it considered by the entire
House.

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 Debate on the House and Senate Floor 1

If a House bill is “discharged,” or makes it out of

committee, it goes to the Rules Committee.
• Rules Committee decides on the length of debate and the
scope of amendments that will be allowed on a bill.

Senate’s small size allows members to agree to the

terms of debate through unanimous consent
agreements.

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 Debate on the House and Senate Floor 2

If the Senate does not reach unanimous consent, the

possibility of a filibuster arises—a procedural move
that attempts to halt passage of the bill.
Filibusters can be ended by a vote of cloture: a
supermajority of 60 senators agree to end debate.
Nuclear option: a maneuver exercised by the presiding
officer that eliminates the possibility of filibusters by
subjecting votes on certain matters to a simple
majority vote.

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 Debate on the House and Senate Floor 3

If the House and the Senate pass dissimilar bills on the

same topic, they are sent to a conference committee
for reconciliation.
• Conference committee: a bicameral, bipartisan committee
whose job is to create a compromise version of bills.
• After the committee develops a reconciled version of the bill,
it goes back to both chambers for a final vote.

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 Presidential Action

When both the House and the Senate manage to pass a

bill in identical form, it proceeds to the president, who
may take one of three actions.
Sign the bill: the bill becomes a law.
Take no action:
• If Congress is in session, the bill becomes law after 10 days.
• If Congress has adjourned, the bill dies in a pocket veto.
Veto it and return it to Congress: Congress can override the veto
with a two-thirds vote.

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 Table 12.3 Differences in the Legislative Process in
the House and Senate

House Senate
Bill introduced by member placing bill in
hopper Bill introduced by member
Relies on Rules Committee to schedule debate
on House floor and to establish rules for Relies on unanimous consent agreements to
amendments determine rules for debate and amendments

Has a rule barring nongermane amendments No rule banning nongermane amendments

Does not allow filibusters Allows filibusters

Discharge petition can be used to extract a bill
from a committee Does not allow discharge petitions

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 Congressional Leadership

In earlier eras, forceful leaders rose to the position of

majority leader in both houses and strongly influenced
congressional priorities and legislation.

Allegiance to party leaders in these institutions has

dwindled, a function of the decreasing role that
political parties play in individual members’ election to
Congress.

Despite the evolution in the role of congressional

leader, partisanship remains a strong aspect of
congressional politics.
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 Leadership in the House of Representatives 1

It is really the members of the majority party who

select their Speaker of the House.

Speaker serves as the presiding officer and manager of

the House.

Speaker is also the leader of their party in the House.

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 Leadership in the House of Representatives 2

Speaker relies on the House majority leader to help

develop and implement the majority party’s legislative
strategy, work with the minority party leadership, and
encourage unity among majority party legislators.

Speaker and the House majority leader are assisted by

the majority whip, who acts as a go-between with the
leadership and the party members in the House.

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 Leadership in the House of Representatives 3

Minority party in the House also elects leaders, the

House minority leader and the minority whip, whose
jobs mirror those of their majority-party colleagues but
without the power that comes from holding a majority
in the House.

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 Leadership in the Senate

Vice president of the United States serves as the president

of the Senate.

Majority party in the Senate elects a Senate leader called

the president pro tempore.

Power in the Senate is wielded by the Senate majority

leader, who manages the legislative process.
• Senate minority leader acts as the spokesperson for the minority
party in the Senate.
• Both leaders play crucial roles in ushering bills through the Senate.

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 Decision Making in Congress: The
Legislative Context
When deciding whether to “toe the party line” on a
legislative vote, members of Congress do not operate
independently and in isolation.

Among the most important influences on members of

Congress with respect to the legislative process are
political parties, members’ colleagues and staff, interest
groups, the president, and of course their constituents.

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 Political Parties and Partisanship in
Decision Making
Most major legislative votes cast are “party votes.”

Partisan voting increased after the Watergate scandal in

the 1970s, rose again after the 1994 congressional
elections, and again when the Tea Party began flexing
their political muscle after the 2010 elections.

Partisan voting tends to be particularly acrimonious

immediately before congressional and presidential
elections.

Safe seats exacerbate partisanship.

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 Figure 12.3 Party Representation Trends
*At the time of publication, House races in CA-03, CA-13, CA-22, CA-34, CA-47, CO-03 had not been
officially decided, and a runoff election was scheduled for a U.S. Senate seat in Georgia.
Access the text alternative to slide image.

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 Figure 12.4 Party Representation in the House of
Representatives, 2021–2023
*At time of publication, House races in the following districts had not yet been officially decided: C A-03,
CA-13, CA-22, CA-34, CA-47, CO-03.
Access the text alternative to slide image.

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 Colleagues and Staff: Trading Votes and
Information
Congressional colleagues provide cues for members of
the House and the Senate in their decision making over
whether to vote for a pending piece of legislation.

Members of Congress also engage in logrolling, the

practice of trading votes between members.

In addition, House and Senate members rely on their

staffs to inform their decision making on legislation.

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 Interest Groups: Influence Through
Organization
Interest groups make their mark by:
• Influencing congressional campaigns.
• Providing information to members of Congress as they try to
decide whether to vote for a particular piece of legislation.
• Lobbying members of Congress to support or oppose
legislation.

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 The President’s Effect on Decision Making

The president determines whether to sign or to veto

legislation that reaches their desk.

Often, before a bill reaches the signing stage, the

president’s position on it carries enough influence to
sway members of Congress, particularly members of
their political party, to vote for or against the proposed
legislation.

President can compel congressional action on an issue,

such as health care.

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 Constituents: The Last Word

Most members of Congress want to be reelected, and

representing constituents’ views is a major avenue to
reelection to Congress.

Constituents can influence the legislative process by

ensuring that their representatives in Congress
represent their perspectives and policy interests.

Only a small percentage of voters, the attentive public,

pay careful attention to the public policies being
debated and to the votes cast.

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 The People and Their Elected
Representatives
Members of Congress do not, demographically
speaking, represent the American public at large.

Congress, especially the Senate, is older, whiter, more

educated, and more likely to be male than the
population as a whole.

Even though women and ethnic minorities are still

underrepresented, Congress is more diverse today than
at any other point in history.

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 Table 12.4 Demographic Characteristics of the 117th
Congress Compared to the U.S. Population
Demographic House Senate Population
Democratic Party 52% 48% 31%
Republican 48% 50% 25%
Independent/unaffiliated 0.2% 2% 41%
Average age 58 years 64 years 38 years
Male 72% 76% 49%
Female 28% 24% 51%
White 78% 93% 58%
Black 13% 3% 13%
Hispanic (any race) 10% 7% 19%
Asian/Pacific Islands 4% 2% 8%
Native American 1% 0% .72%
Foreign Born* 6% 5% 14%
High School Diploma/GED only 5% 0% 62%
Bachelor’s degree 95% 100% 35%
Master’s degree 25% 18% 13%
Law degree 33% 50% >1%
Ph.D. 5% 4% >1%
M.D. 5% 5% >1%
*Some foreign-born members of Congress were born to American citizens working or serving abroad. The U.S. Constitution
requires that Representatives be citizens for seven years and Senators be citizens for nine years before they take office.
SOURCES: Jennifer E. Manning, Membership of the 117th Congress: A Profile (Washington, DC: Congressional Research Service), and U.S. Census Bureau, Population
Estimates, and The Gallup Organization.

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 Women in Congress

Year 2020 saw a record number of women’s

candidacies for Congress and a particularly large
number of Democratic women running against
Republican House members.
• Faced with these formidable challengers, large numbers of
incumbent members decided to retire.

The United States still lags behind many industrialized

democracies in the proportion of women serving in the
national legislature.

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 Racial and Ethnic Diversity in Congress

Similarly, African Americans have historically been

underrepresented.
• Only 11 have served in the Senate.

Latinos success still legs drastically behind their

proportion of the population.

As women, African Americans, and ethnic minorities

make up an increasing proportion of the eligibility pool,
diversity in Congress is sure to grow.

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 Figure 12.5 African Americans Elected to the House
As in the Senate, African Americans’ initial service in the House came about in
the Reconstruction period. But the successes of that era were short lived, and
the numbers of African Americans in Congress would not match those of the
immediate post-Reconstruction period until after the civil rights movement of
the 1960s.

Access the text alternative to slide image.

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 Review 1

Then—the framers granted to Congress both explicit

powers and implied powers by which the national
government strengthened and broadened its authority.

Now—a much more demographically diverse but

ideologically polarized Congress exercises wide powers,
its decision making influenced by shifting constituencies
in a changing nation.

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 Review 2

Next:
• Will increased factionalism within the parties as well as
polarization between Republicans and Democrats in
Congress continue to characterize the congressional
agenda?
• Will the competition between the president and Congress
continue to define Congress as the weaker of the two
branches?
• Will the composition and policy making of Congress more
broadly reflect the changing face of the United States?

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