18.3 - The Functions of Congress

Question 1

What are the three main functions that Congress provides?

Answer 1

• Legislative
• Representative
• Oversight

Question 2

How does Congress fulfil it’s legislative function?

Answer 2

• The legislative process

Question 3

Where must a bill begin?

Answer 3

In either House.

However, appropriation bills must begin in the House.

Question 4

How does the legislative process lay out how bills are supposed to pass?

Answer 4

They can either pass sequentially (i.e. one house after the other) or concurrently (both houses at the same time with differences reconciled at the end).

Question 5

What is the average percentage of successfully passed laws?

Answer 5

~2.5% in the last 5 congressional terms.

Question 6

What happens in the introduction of a bill in the House?

Answer 6

Merely a formality.
* The leading member of the House receives the bill and places it into committee.
* The Speaker of the House can choose to time limit a bill.
* The Speaker of the House decides how many committees the bill will go to.
* If the speaker chooses to send the bill to more than one committee, this must be done sequentially.
* The speaker can choose to break up the bill into smaller parts, also known as a ‘split referral’.

Question 7

What happens in the introduction of a bill in the Senate?

Answer 7

The bill goes to the relevant committee.

The Senate has a principle of ‘unanimous consent’ allowing certain procedures to be overriden if no Senator objects. To place a bill into more than one committee in the Senate, unanimous consent is required, limiting the power of Senate leadership.

Question 8

What happens in the scheduling stage of a bill?

Answer 8

The timetabling is decided by the House Rules Committee, appointed by the majority party in a 2:1 ratio, with all majority party members appointed by the speaker (as a result, the majority party should control the passage of legislation).

The House Rules Committee decides if a bill will be ‘open’ (amendments can be made during debate) or ‘closed’ (no amendments can be made to the bill).

[In the Senate, a motion to proceed is voted upon, and if this receives a simple majoirty it is placed on the calendar].

Question 9

What happens in the Committee Consideration stage of a bill?

Answer 9

The bill can either be acted upon, or pigeon-holed. That is to say not given any hearings or further action to die when the next congressional session starts.

If the bills are acted upon, it is subject to committee hearings and then amended by the committee. These amendments are known as ‘mark-ups’.

Before the bill is sent back to the relevant House, it must pass a vote of the entire committee, where it wil be considered by the whole house.

Question 10

What happens in the floor action stage of a bill in the House?

Answer 10

Debates are time-limited, and dominated by the bill’s sponsor and its leading opponent. Once this time has elapsed, a vote is taken of all who are present. The bill continues only if it passes this vote.

Question 11

What happens in the floor action stage of a bill in the Senate?

Answer 11

The right of ‘unlimited debate’ applies, so there are no debate limits.

This led to the creation of the filibuster, to delay or completely prevent the passage of a bill. The filibuster can be ended by a cloture motion which must be signed by 16 senators and then at least 60 senators must vote to invoke the motion. If the motion passes, the bill then passes to a vote.

Question 12

Who has given a famous filibuster?

Answer 12

Strom Thurmond 1957, in opposition to the Civil Rights Act.

He spoke for 24 hours and 18 minutes.

Question 13

What happens during the resolving differences stage of a bill?

Answer 13

There are two methods, being a formal method of conference committee or ‘ping pong’ / ‘take it or leave it’.

Conference Committee
A committee is created to create one bill from the versions from each chamber. The Senate and House are represented in equal numbers. The final bill must go back to each house for approval before it can be sent for presidential action.

Ping Pong
As the bill passes through both houses, amendments will be liaised over by the leadership of each chamber so the final versions of the bill are identical.

Take it or leave it
One of the two chambers adjourns, meaning the other house must accept it entirely or drop the entire bill.

Question 14

What happens during the presidential action stage of a bill?

Answer 14

There are a number of options available to the President, being:

• Sign the bill
• Leave it on his desk
• Veto the bill

Question 15

What does leaving the bill on the president’s desk actually do / mean?

Answer 15

If the bill is not signed and Congress is still in session, the bill automatically becomes law after 10 days.
If congressional sessions end before the 10 days elapse, the bill ‘dies’ (aka ‘pocket veto’).

Question 16

What happens when the president vetoes a bill?

Answer 16

The bill is sent back to Congress with his objections.
Congress can either attempt to override the veto, amend the bill to send back to the president, or allow it to ‘die’.

Question 17

Is the Congressional Legislative process effective? (Yes)

Answer 17

• The lengthy process ensures scrutiny of legislation which ensures workability, popularity and quality of passed bills.
• The equality of both houses ensures that the needs of both the people and the states are heard, with compromise being integral to the process.
• The requirement of supermajorities for the veto override and a cloture motion helps to prevent the tyranny of one party.
• The challenging nature of the process ensures that only law which is necessary passes, allowing states to retain legislative power over other areas.
• Knee-jerk legislation should be difficult to pass.

Question 18

Is the congressional legislative process effective? (No)

Answer 18

• The process is so challenging and the congressional session is so short that passing legislation is very difficult.
• Power is placed in the hands of a few (speaker of the house, Senate majority leader and committee chairs)
• The need for supermajorities and the ability of one senator to hold up a bill allows for tyranny of the minority.
• During united government, scrutiny is drastically reduced.
• During divided government, a lack of bipartisanship and gridlock can lead to complete lack of legislation or governmental shutdown.
• The president can overturn a bill and his veto is unlikely to be overturned.
• ‘Pork barrel politics’

Question 19

What are ‘pork-barrel’ politics?

Answer 19

The inclusion of spending additions to bills, which benefit a member of Congress’ district to win favour and attract popularity.

Question 20

What is an example of ‘pork-barrel’ politics?

Answer 20

The “Big Dig” in Boston, where Tip O’Neill (speaker of the house) directed federal funds to the project in his state to increase his chances of re-election.

Question 21

Which House has more party control and why?

Answer 21

The House of Representatives.

The Speaker chooses the committee that a bill is referred to and chooses majority members of the House Rules Committee.

The Senate has unanimous consent, and therefore party control is much more difficult as individual influence is more prevalent (i.e. filibuster)

Question 21

What is the ‘germaneness rule’?

Answer 21

The rule that amendments to a bill from the House must be relevant to the topic of the bill.

The Senate does not have the same rule, and can include amendments on any topic in any bill. (2014 spending bill included an amendment to keep sage-grouse off the endangered species list)

Question 22

How is Congress significant in policy making?

Answer 22

• Congress can pass laws on a variety of issues.
  NCLB and Obamacare prove that Congress is deepening its role in policy that has often been reserved to the states.
• During unified government, significant legislative achievements can be made. (Trump Tax Cuts and Jobs Act)
• There is a supremacy clause in the Constitution that states that Congressional law is superior to state law. States therefore must follow legislation that they do not approve of.

Question 23

How is Congress insignificant in policy making?

Answer 23

• As Congress is dependant on states to enforce laws, Congress occasionally finds it’s laws unenforced. Marijuana is still federally illegal, yet many states have legalised its usage.
• Difficulty in creating and passing legislation means that Congress does not pass huge amounts of legislation.
• Laws passed by Congress can still be overturned by the President and Supreme Court.

Question 24

What is functional representation?

Answer 24

The representation of social or economic groups through the membership of Congress.

Question 25

Give an example of Congressional representatives amending a bill to represent their constituents?

Answer 25

Diane Black in the Tax Cuts and Jobs Act 2018, ensuring that copyrighted songs are defined as capital assets, and therefore subject to lower tax rates.

She represented parts of Nashville, famed for songwriting and country music.

Question 26

Why is it vital that members of Congress listen to their constituents?

Answer 26

Primaries in US elections mean that the public decide who will represent their party on the ballot paper at each election, not the party itself.

Eric Cantor losing the Republican primary despite being House Majority Leader as he was “not conservative enough, not vocal enough about his opposition to Obama, and as not having spent enough time with his constituents”

Question 27

Why is some level of party loyalty to be expected from members of Congress?

Answer 27

They pick a party that most closely aligns to their own political beliefs.
If their state or district elects them, there is likely to be some level of party loyalty as a result.

Question 28

What does the increase in party-line voting mean?

Answer 28

There are fewer members of the main party falling into the ideological centre. There is therefore a growing importance of the party as a factor when voting.

Question 29

Compare descriptive representation and functional representation?

Answer 29

Descriptive representation involves the political belief that those elected should not only represent those within their constituency, but also those with whom they share similar characteristics.

Functional representation believes that those elected should represent economic or social groups within the wider community.

Question 30

What is a majority-minority district, and why have they been created?

Answer 30

Where a minority group makes the majority population within the district.

There is a higher liklihood that someone from that minority group will be elected to represent them.

Question 31

What is a caucus?

Answer 31

A group of members in Congress who share similar goals.

Question 32

What is an example of a Congressional caucus?

Answer 32

The Congressional Women’s Caucus that works across party lines to achieve legislation to ensure the rights of women.

Congressional Steel Caucus fights for the health of the domestic steel industry.

Question 33

How much have pharmaceutical companies donated to Congress in the last decade?

Answer 33

More than $2 billion.

90% of House Reps and 97% of Senators receiving pharmaceutical campaign contributions.

Question 34

What is the annual spending of lobbyists in the US?

Answer 34

More than $3 billion.

Question 35

What are the main factors to influence the relationship between Congress and President?

Answer 35

• Party Control of Government (i.e. united or divided government)
• Policy area
• Presidential poll ratings
• Partisanship
• Election cycle
• National events

Question 36

How does party control influence the relationship between Congress and President?

Answer 36

If the government is united, the oversight from Congress will appear more relaxed. While the President cannot control legislation, he does tend to use the veto less during unified government.

Question 37

How does policy area influence the relationship between Congress and President?

Answer 37

Congress has more oversight of domestic presidential actions that foreign affairs.

Question 38

How does presidential poll ratings influence the relationship between Congress and President?

Answer 38

When opinion polls of the president are low, Congress can influence more control over the president.

Trump’s popularity of 39% after 100 days, and 45% after 1 year made it easier for Congress to oppose Trump.

Question 39

How does partisanship influence the relationship between Congress and President?

Answer 39

The growth of partisanship in the US has made compromise in Congress more difficult to achieve, meaning the relationship with the president can be strained.

Question 40

How does the election cycle influence the relationship between Congress and President?

Answer 40

When a new president is elected (with a big mandate) they are more difficult to oppose. When Congressional midterms arise, Congresspeople will be far more likely to vote with their constituency than party/president in an effort to ensure re-election.

Question 41

How do national events influence the relationship between Congress and President?

Answer 41

During national emergencies, Congress often acts with deference.

The President becomes far more powerful during this time as a result.

Question 42

Is Congress effective in carrying out its roles in legislation? (Yes)

Answer 42

• Major legislation has been passed (NCLB, ACA {Obamacare})
• The low pass rate suggests that only necessary legislation gets through
• The lengthy process ensures scrutiny of bills
• A staggered election cycle and resulting divided governments ensures compromise in legislation
• The requirement for supermajorities ensures broad consensus

Question 43

Is Congress effective in carrying out its roles in legislation? (No)

Answer 43

• The process is so lengthy that thousands of bills fail to pass.
• The process can be dominated by a few (speaker, majority leader etc.)
• Unified government - bills are underscrutinised
• Divided government - gridlock may ensue

Question 44

is Congress effective in carrying out its roles in representation? (Yes)

Answer 44

• Representation of minority groups and women has increased in recent sessions.
• Caucuses allow underrepresented groups to work together, increasing their influence.
• Parties are well represented in an increasingly partisan population.
• Both the people of a state and wider state interests are represented across both houses.

Question 45

is Congress effective in carrying out its roles in representation? (No)

Answer 45

• Money in electoral campaigns from lobbyists influences members of congress more than their constituents.
• Increasingly partisan voting patterns lead to good representation of the majority at the expense of the minority.
• Representation of minority groups is still far below the proportion of the national population.
• FPTP can lead to disproportionate results as third-parties cannot enter either chamber.
• Gerrymandering can lead to an under/over-representation of certain voter groups.

Question 46

Is Congress effective in carrying out its roles in oversight? (Yes)

Answer 46

• Congress has demonstrated a willingness to use the veto override, sometimes to great effect. (Justice Against Sponsors of Terrorism Act)
• During divided government, the president is likely to face extensive scrutiny from Congress.
• Committees have overseen investigations that have had far-reaching impacts. (i.e. Benghazi)
• Congress has demonstrated independence from presidentially-demanded legislation. (Repeal of ACA / Obamacare)
• Congress has challenged the president in the Supreme Court
• Congress has been able to develop and evolve its own powers.
• Impeachments has been used twice to its fullest extent.

Question 47

Is Congress effective in carrying out its roles in oversight? (No)

Answer 47

• Oversight can be party political.
• Chances of the veto override being successful are slim (>7%)
• Power to declare war has largely been usurped by the President.
• Presidents have found ways around the powers of Congress (i.e. exec. orders, pseudo-legislation)
• In times of national crisis / unified government, Congress is more likely to act with deference to the President.
• Impeachment is very difficult to remove a president from office.