18.2 - The Distribution of Powers within Congress

Question 1

Why is there an argument that the Senate is more powerful?

Answer 1

• Fewer elections
• Fewer members
• Ratification powers

Question 2

Why is there an argument that the House is more powerful?

Answer 2

• Holds the power of the purse
• Able to bring impeachment charges

Question 3

Why has Congress taken so many implied powers over time?

Answer 3

The necessary and proper clause of Article I and the Commerce Clause.

Question 4

What is the commerce clause?

Answer 4

Gives Congress regulatory power over trade between states. It has been used to give Congress a broad remit over state governments.

Question 5

What does the elastic clause actually allow for?

Answer 5

Allows the creation of any laws which allow it to carry out its enumerated powers.

Question 6

What does the commerce clause allow for?

Answer 6

Allows congress to regulate foreign and interstate trade.

Question 7

How did Congress defend its power in 1791?

Answer 7

By setting up a national bank on the back of the implied powers from Article I.

Question 8

What powers do the House hold over Congress?

Answer 8

• Power of the purse
• Impeachment charges
• To choose President is electoral college is in deadlock

Question 9

What powers does the Senate hold over Congress?

Answer 9

• Ratify treaties
• Confirm presidential appointments
• Try impeachment cases
• To choose Vice-Pres. if electoral college is deadlocked

Question 10

What powers are shared between the two houses?

Answer 10

• Create legislation
• Override presidential veto
• Propose constitutional amendments
• Declare war
• Confirm a new VP
• Investigation

Question 11

Give an example of how a President was undermined by Congress?

Answer 11

Trump asked the Congress to pass legislation that would repeal Obamacare.

Republicans put a bill in Congress to achieve this. All Senate Democrats and 9 republicans voted against it.

(A partial repeal of Obamacare also failed, with 7 Republicans voting against it)

Question 12

Why was the original plan for Obamacare heavily amended?

Answer 12

Congress watered down the initial agreement. To ensure it would pass, Obama had to issue an executive order to ensure that abortion was not funded by the federal government to overcome congressional disagreement.

Question 13

When do vetoes tend to be more commonly used?

Answer 13

During times of divided government.

Question 14

How can Congress compel witnesses to attend investigations?

Answer 14

Via a subpeona.

Question 15

Why is the House control over the power of the purse somewhat undermined?

Answer 15

The Senate can amend appropriation bills and must approve them.

Question 16

Give an example of the powers of the purse being used by the House?

Answer 16

Foreign Assistance Act 1974

• suspended all federal funding for the Vietnam War

Question 17

How does Congress declare war today?

Answer 17

It tends to use its powers over taxation and money to control presidential desire for war.

Ukraine War as an example.

Question 18

Why is the power of investigation somewhat reduced?

Answer 18

The powers are implied, and so there is no requirement that the reports are acted upon.

Question 19

How has the Senate used their powers of treaty ratification?

Answer 19

Voting to reject the Comprehensive Nuclear Test Ban Treaty.

Question 20

How has the Senate used their powers of appointment confirmation?

Answer 20

Having a lengthy investigation into Brett Kavanaugh, questioning his stance on abortion and the Mueller investigation into Russian election interference.