2. congress

Question 1

the structure of congress

Answer 1

• article 1 of the constitution deals with the united states congress
• section 1 of that article specifies both that congress has ‘all legislative powers; and that it shall consist of two chambers: the senate and the house of representatives
• although the founding fathers intended congress to be the pre eminent branch (for front, most important), the system of checks and balances, which is referred to enables the other branches to prevent congress becoming too dominant

Question 2

what are the advantages of bicameralism

Answer 2

• greater representation of ideas and wants of individuals and of states
• greater scrutiny
• prevents one party dominance, encouraging bipartisanship
• these should all equal better legislation

Question 3

what are the disadvantages of bicameralism

Answer 3

• legislative gridlock
• power imbalance
• longer legislative process (duplication)
• expensive

Question 4

congress

Answer 4

• congress is the legislative branch of us federal government
• it is bicameral, with 435 congressmen sitting in the house of representatives, allocated to each states proportionally to its population, and 100 members of the senate with two from each state (so that there is a balance in congress)
• the powers of congress are laid down in article 1 of the constitution
• however, because of the checks and balances set out in the constitution, as well as the traditional lack of party voting, congress can be characterised by gridlock
• as well as the legislative function, congress also preforms a representative function
• congressmen are often assumed to be particularly representative since they are held accountable by the electorate every two years
• senators serve 6 year terms
• congress is also important for providing oversight of the other two branches

Question 5

functions of congress

Answer 5

• representation
• legislation
• oversight

Question 6

representation

Answer 6

representation can used in two different ways:
- either how legislators their constituents
- or who the legislators are and whether they are representative of constituents in terms of, for example, gender and race

Question 7

models of representation

Answer 7

• trustee model - the representative is vested with formal responsibility for making decisions on behalf of other, this tends to fit well with how most people in congress see their role
• delegate model - someone who is chosen to act on behalf of others, can not exercise private judgments, legislators base their decisions solely on the wishes of their constituents

Question 8

congressional elections and significance of incumbency

Answer 8

• the senator or representative who is the elected member of their state or congressional district is the incumbent
• in the ten election cycles between 2000 and 2018, re election rates have been consistently high, with incumbency rates slightly higher in the house
• thus, most members of congress leave by voluntary retirement rather than electoral defeat (as there is no fixed term in office in either house)

Question 9

advantages of being an incumbent in congress

Answer 9

• constituency services and name recognition
• pork barrel politics
• fundraising advantage
• gerrymandering

Question 10

constituency services and name recognition

Answer 10

• as an incumbent, you have the ability to provide constituency services
• in elections, the incumbent’s campaign will focus on how their actions have benefited their state or district
• incumbents have structural advantages over their challengers
• as members of congress, they are provided with an official website, which they use to demonstrate their successes and influence, and it provides a simple way for their constituents to contact them
• franking privileges allow them to mail their constituents at congress’ expense, although this cannot be used for overt election purposes, it enhances name recognition within their district or state
• incumbent senators and representatives have high levels of name recognition in any election compared with a challenger, plus levels of seniority in congress that bring with the membership of prestigious committees and sub committees, or of ones that are related to constituency interests
• to replace an incumbent means losing the seniority which will have been gained over the years on capitol hill, seniority which may bring significant benefits to people in the for of pork barrel politics

Question 11

pork barrel politics

Answer 11

• pork barrel politics is used to refer to funds provided for superfluous projects in a member of congress’ state or district
• these projects are specifically designed to benefit the constituents of the member of congress in the hope that constituents will show their gratitude by re electing them
• ordinary voters have always had an ambivalent attitude to pork barrel spending: praising their own members of congress if they are beneficiaries, while criticising other members of congress for wasteful spending when they indulge in it
• in 2019, over $15.3 billion was spent on pork barrel politics
• e.g. arts programme in Washington DC (2018) - $2.8 million was allocated for the national capital arts and cultural affairs grant programme

Question 12

fundraising advantage

Answer 12

• most incumbents have a huge advantage in fundraising compared with challengers
• incumbent senators raised over 7 times as much as their challengers during the 2018 election cycle
• incumbents are statistically far more likely to be elected, they find it easier to raise money
• money is a crucial resource in congressional elections
• voters act in response to the appeal of individual candidates, so it is vital that the incumbent transmits their political record on the key issues in their state or district
• the money is spent hiring election consultants and buying tv time, and print/digital media adverts, hiring halls for campaign rallies, etc

Question 13

gerrymandering

Answer 13

• gerrymandering is the deliberate shaping of congressional districts to give one party a political advantage
• it also explains why so many incumbents are re elected
• each state draws up its congressional districts, with the state legislatures having the opportunity to redraw boundaries very 10 years after the census
• this has led to the governing party of each of the state legislatures drawing boundaries of each district to give it an electoral advantage
• it is possible to create very different outcomes just by arranging the district boundaries
• in 2010, the republicans were in the ascendency and the house of representatives national electoral boundaries were drawn up so that they concentrated democrat votes and dispersed republican votes
• north carolina (2020) - the democrats saw a majority of voters support their candidates and yet the majority of seats were won by republicans

Question 14

factors that affect voting behaviour in congress

Answer 14

• political parties
• congressional caucuses
• the administration
• the constituency
• pressure groups
• lobbyists

Question 15

political parties

Answer 15

• in the era of party polarisation, the political party to which a congressman belongs is one of the most important determinants of how they will vote
• a party unity vote sometimes occurs in congress when the issue is contentious, ideological matter
• the parties have few ‘sticks’ or ‘carrots’ to encourage party voting
• sticks, such as the threat of de selection, do not work in a system in which voters decide on candidates in primary elections
• carrots, such as executive branch posts do not work in a system of separated institutions, in which posts in the executive and legislature do not overlap
• although party affiliation is obviously a very important factor in understanding how members of congress vote, it is important to remember that party labels do not necessarily mean voting together
• conservative democrats, e.g. Jim Cooper of Tennessee often vote with republicans
• if party policy on an issue conflicts with the popular sentiments of a member of congress’ state/district, this can lead to members voting against their party
• these two reasons, however tend to be the exception to the rule as the parties become increasingly more polarised

Question 16

a party (unity) vote in the house of representatives

Answer 16

• the federal information systems safeguard act (2016)
• established government operations and personnel laws concerning the security federal information systems, restrictions on access to websites, probationary periods, the senior executive services, employee use of official time, and the maintenance of IRS records
• yes: 241, no: 181
• republicans: 237 - 2
• democrats: 4 - 179
• this demonstrates a clear party vote

Question 17

congressional caucuses

Answer 17

• there are 4 congressional caucuses: the house republican caucus, the house democratic caucus, the senate republican caucus, the senate democratic caucus
• in these groups they elect the majority and minority leaders, and the party whips in each house
• they preform organisational functions as well as meeting regularly to formulate legislative strategy
• these 4 party caucuses are not fixed, over time (especially in the house) other groups, officially called congressional member organisations, have grown up to represent smaller but cohesive groups within each chamber, often based on ideological, regional, ethnic or economic interests
• in this sense, these congressional caucuses are a growing rival to the parties’ formal leadership and have increasingly become a cue in congressional voting

Question 18

main functions of congressional caucuses

Answer 18

• educational - caucuses provide information to members on proposed legislation and may offer policy briefing as well as publishing briefing papers; a number of caucuses are single issue, e.g. the pro choice caucus
• agenda setting - caucus members may work together to boost the chances of their particular issue getting on to the congressional legislative agenda, they might co sponsor legislation or meet with the party leadership to press their cause or lobby relevant committee members
• encouraging support - for their proposals in votes on the floor of each chamber

Question 19

caucuses

Answer 19

in congress, a group or faction who have something in common who meet periodically

Question 20

blue dog coalition

Answer 20

• a group of mainly southern house democrats who are fiscally conservative
• 10 members
• gives a voice to conservative/moderate/centrist democrats
• influential in passing welfare reforms (1995-96)

Question 21

congressional black caucus

Answer 21

• formed in 1971, exclusively for black american members of both houses
• 58 members
• claims to be bipartisan, but there are have been very few republican members

Question 22

the congressional bike caucus

Answer 22

• informal bipartisan caucus
• about cycling issues
• 130 members
• helped to move legislation, e.g. bike to work act (created tax benefits for bike commuters)

Question 23

examples of congressional caucuses

Answer 23

• blue dog coalition
• congressional black caucus
• congressional hispanic caucus
• house freedom caucus
• the Tuesday group

Question 24

constituents

Answer 24

• frequent elections result in large public accountability
• all members are keen to be seen to be looking after local interests
• a way of gaining popularity is to support legislation that supports you are, or gain federal funding for your area

Question 25

pressure groups and lobbyists

Answer 25

• acknowledgement to be very powerful
• endorsements are a great help to members of congress
• government structure allows many access points for lobbyists

Question 26

the administration

Answer 26

• administration refers to members of the executive branch
• much legislation voted upon in congress has been initiated by the administration
• cabinet members have a keen interest in the passage of legislation affecting their policy areas
• therefore, members of the administration keep in contact with members of congress through phone calls and meetings
• the white house often gets involved in through the office of legislative affairs, as well as directly in the person of the president
• the house speaker and the senate majority leader will both play a key role liaising with the white house, the various caucuses and individual representatives
• e.g. in 2012, house speaker nancy pelosi played a key role in ensuring that concessions were made to get enough votes from the blue dog coalition to pass Obama’s healthcare reform
• any persuasion needs to be regular , reciprocal and bipartisan

Question 27

NRA

Answer 27

• lobbies heavily against all forms of gun control, arguing that more guns make the country safer
• it relies on the interpretation of the 2nd amendment, and its main aim is to protect these rights
• it directly funds US politicians and lawmakers who support its aim
• spent $4.2m on lobbying in 2021
• since 2010, NRA has directed more than $140m to pro gun candidates

Question 28

engagement with constituents

Answer 28

• these are various methods by which members of congress can find out about the views of their constituents
• such as phone calls, letters, emails, etc
• in their constituencies, congressmen have a variety of engagements: holding party meetings, conducting surgeries, appearing on local radio programmes
• members of congress also utilise social media

Question 29

the composition of congress - gender

Answer 29

• women have been underrepresented in congress
• the democratic campaign in 1992, ‘the year of the women’ saw the doubling of women in congress in a single election
• the majority of women in congress are democrats
• in 2016, of the 83 women elected to the house of representatives, only 21 were republican
• one problem with increasing gender representation is the pool of recruitment in state legislators is low
• in 2017, 24.8% of state legislators were female
• Nevada has the highest percentage at 40%, in Wyoming this is 11%

Question 30

the composition of congress - race

Answer 30

• representation of race is better in the house of representatives than the senate due to federal courts allowing states to draw congressional districts
• this allows ‘majority-minority districts’ to promote ethnic groups, but through geographical distortion
• the most famous of which being north Carolina’s 12th district which follows interstate 85 for 100 miles, it currently has an african american democrat representative
• hispanic american representation is also poor

Question 31

gerrymandering

Answer 31

• there is a census in the US every 10 years, this leads to the districts being re drawn
• gerrymandering is the way districts are drawn
• who ever controls the state legislatures redraws the districts
• if done in a certain way, a party can use this for their advantage
• gerrymandering can result in districts that do not represent their population
• counter argument: democratic voters tend to cluster where they often outnumber republicans and therefore it looks visually odd so people criticise it

Question 32

118th congress

Answer 32

• is the most racially and ethnically diverse in history
• 1/4 of congress (28 of the house and 12% of senate) is racially diverse
• 79th congress (1945) - non white lawmakers made up 1% of congress
• congress remains less diverse than the nation as a whole, overrepresenting white americans
• the number of women in congress is at an all time high - 153 women (28% of all members), women still underrepresented (51%)
• 13 members of congress identify as LGB - highest number in history
• far fewer members of congress have personal military experience than in the past
• nearly all lawmakers in congress have a college degree (94%)
• christians remain the largest religious group, but their ranks have declined slightly over time
• median age: 58 (HoR), 65 (senate)

Question 33

the committee stage

Answer 33

• central to the legislative process is the committee system
• committees are responsible for deciding what bills and resolutions are considered by the house or senate as a whole
• so the outcome of legislation is often decided within the relevant committee, and committee chairs are very powerful

Question 34

the two main functions carried out by all committees in congress

Answer 34

• legislation - helping to create, the bulk of the work done in committees
• advisory rule

Question 35

‘advice and consent’ power of some senate committees

Answer 35

• give approval/unapproval of legislation, appointments, etc - particularly in the senate
• give opinions/advice

Question 36

advantages and disadvantages of the vast majority of congressional work being undertaken in committees

Answer 36

• advantages - less people is more efficient, more specialised work, better preparation and scrutiny
• disadvantages - not going to gey a variety of opinion, small number of people with a large amount of power, individual dominate committees

Question 37

the advantages of introducing term limits for committee chairs

Answer 37

• limits incumbency
• brings in new opinions and views

Question 38

house rules committee

Answer 38

• timetabling of legislation in the house of representatives
• it is one of the standing committees of the house of representatives
• it is responsible for prioritising bills coming from the committee stage on to the house floor for their debate and votes
• as there is a huge queue of bills waiting to be considered on the house floor, the rules committee has a vital legislative role
• its name come from the rule it gives to a bill, setting out the rules of debate by stating whether any amendments can be made to the bill at this stage
• there are 3 basic types of rules: closed rules that forbid any amendments, modified that limit the number of amendments, open rules
• it has a much smaller membership which is skewed to the majority party

Question 39

conference committees

Answer 39

• both hoses have equal power and bills pass through both houses concurrently, rather than consecutively
• as a consequence, there are often two versions of the same bill: the house and the senate version
• by the time the bill has passed through each house, the two versions are likely to be different
• if these differences cannot be reconciled informally, then a conference committee is set up
• all conference committees are set up to consider only one particular bill
• the members are drawn from both houses
• once a conference committee has come up with an agreed version of the bill, this version must be agreed by a vote on the floor of each house
• if there is no agreement, the same conference committee may be reconvened and another compromised will be drawn up and voted on
• they are likely to draw up what will become the final version of the bill
• their power is checked by the ability of the senate and the house to refuse to sign up the compromise
• they are used less frequently nowadays

Question 40

select committees

Answer 40

• nearly all are set up to investigate a particular issue
• most of them are constituted within one chamber, but sometimes a joint select committee is set up with members of both houses
• a select committee is set up when the investigation either does not fall within the policy area of one standing committee, or is likely to be so time consuming that a standing committee would become tied up with it thus preventing the standing committee from fulfilling its other functions

Question 41

what do committee chairs do

Answer 41

• they control the committee’s agenda
• decide when the committee will meet
• control the committee budget
• make requests to the house rules committee and the party leadership

Question 42

functions of standing committees

Answer 42

• conducting the committee stage of bills
• conducting investigations
• confirming presidential appointments

Question 43

conducting the committee stage of bills

Answer 43

• this involves holding hearings on the bill at which witnesses appear
• these witnesses might be: other members of congress, members of the public, representatives from interest groups
• witnesses make prepared statements in front of the committee members
• short, non controversial bills attract short hearings, whereas long, controversial bills are given hearing that could last for weeks or months
• at the conclusion on these hearings, a vote is taken by the committee on whether or not to pass the bill on to the full chamber for debates and votes

Question 44

conducting investigations

Answer 44

• standing committees conduct investigations within the committee policy area
• this enables congress to fulfil its oversight function
• such investigations are often launched into perceived problems, crises or policy failures
• the format is mostly the same as for legislative hearings

Question 45

confirming presidential appointments

Answer 45

• the two committees that are regarding this are the senate’s judiciary and foreign relations committee
• the vote is not decisive, only recommendatory, but is an important clue to the likely outcome of the nomination

Question 46

examples of congressional sub committees

Answer 46

• committee - house science, space and technology committee
• sub committee - energy, environment

Question 47

examples of congressional standing committees

Answer 47

senate:
- appropriations
- finance
house:
- agriculture
- budget

Question 48

standing committee

Answer 48

• exist in both the senate and the house
• they are permanent, policy specialist committees
• most standing committees are divided into sub committees (e.g. house transportation and infrastructure - aviation)
• a typical senate standing committee is around 18 members, whereas the house is around 30/40 members
• the party balance in each standing committee is in proportion to that which exists within the chamber as a whole
• congressmen seek assignments on committees that are closest to the interests of their district or state

Question 49

senate judiciary committee

Answer 49

must hold hearings on all the federal judicial appointments made by the president

Question 50

the structure of congress and the election cycle

Answer 50

as a result of the compromise agreed at the constitutional convention at Philadelphia in 1787, the house of representatives and the senate are elected by different methods for different terms

Question 51

structure of the house of representatives

Answer 51

• 435 congressmen/women
• electorate: more local - via district (proportional to the population of the states)
• 2 year terms

Question 52

structure of the senate

Answer 52

• 100 members
• electorate: the whole state
• 6 year terms - 1/3 of senators face election every 2 years

Question 53

congressional elections

Answer 53

• congressional elections use FPTP
• members of the house and the senate are elected in single member constituencies
• these are whole state for the senate and districts for the house
• congressional elections are also subject to primaries
• mid term elections are often effectively a referendum on the first two years of a presidency
• these results can have a major impact on presidential power, for example losing control of a chamber
• it is very rare for a presidential party to gain seats

Question 54

Newt Gingrich

Answer 54

• Newt Gingrich played a part in the increase in partisan ship in congress during and after the republican revolution
• the ‘republican revolution’ is used to refer to their success in the 1994 mid term elections
• the proposal by Gingrich, then-House Minority Whip, has been credited with the “Republican Revolution” that ensued at the polls, with the GOP easily taking control of the U.S. House and Senate, gaining 12 governorships and regaining control in 20 state legislatures

Question 55

congressional elections and incumbency

Answer 55

• in an election, the incumbent is the existing holder of the office being competed for, while their opponents are the challengers
• statistically, it is a huge advantage in congressional elections to be the incumbent
• in 2016, out of 393 incumbents seeking re election to the house of representatives, 5 were defeated in the party’s primary and 8 in the general election
• in no house election since 1964 has the incumbent success rate fallen below 85%
• re election rates for the senate are a little lower, but the incumbent still carries a great advantage in the senate: in 2016, 27 of 29 incumbents were successful, the lowest percentage since 1982, 75%
• it is one of the great ironies of US politics, while satisfaction is low about congress, election satisfaction with their own congressmen are very high

Question 56

the distribution of powers on congress

Answer 56

powers given to congress in the constitution: exclusive powers of each house and the concurrent powers of congress, article 1 of the us constitution also specifics these powers of the us congress
- power - exercised by the house, by the senate, or both concurrently
- to make laws - both concurrently
- to originate finance bills - originate in the house, but the senate may propose/concur with amendments
- to give ‘advice and consent’ to treaties - senate (needs 2/3 of senators)
- to regulate interstate commerce - both senate and the house
- to pass articles of impeachment - house
- to hold impeachment trials - senate
- to ratify appointments - senate

Question 57

the house of representatives and spending bills

Answer 57

• the house has the exclusive power to initiate revenue bills
• only the house can originate revenue legislation
• the idea at the constitutional convention was to give this power to the HoR as it was the only part of congress that was directly elected

Question 58

no child left behind act (2001)

Answer 58

• 107th congress
• George W. Bush education reform bill, it was in his manifesto as education was central to his election campaign
• wanted to give more money to education in states, and the states would account for their investment by improving performance
• the aim was to expand opportunities and provide all children with quality education, especially those are disadvantages, i.e. in poverty, or non white

Question 59

the main characteristics of NCLB

Answer 59

• the act did not assert a national standard, each state developed its own
• NCLB expanded the federal role in public education through further emphasis on annual testing, academic testing, report cars, etc
• supported standards based education reform
• required states to develop assessments in basic skills and to receive federal school funding
• states had to give these assessments to all students at select grade levels

Question 60

how was NCLB replaced

Answer 60

• replaced by the every student succeeds act in 2015
• instead of a universal accountability system for all states, ESSA gave flexibility to develop accountability systems that measure success in their respective states
• state provides support to districts, which provides support for schools

Question 61

controversy for NCLB

Answer 61

• central to the president’s plan was a school voucher scheme
• parents gain a voucher to the value of the cost of their state education
• this voucher is used to top up public/independent school expenses
• money goes to the private sector and out of the state system
• the plan was to make more pupils to go public/independent schools to relieve the pressure on state schools
• most public/independent schools are religious (unlike the UK)

Question 62

first reading and committee stage of NCLB

Answer 62

• the first reading was a bipartisan approach senators E. Kennedy (democrat) and E. Miller (republican)
  committee stage
• 8th march 2001 - senate health committee votes 20-0 to approve the elementary education bill (called S1) and nicknamed NCLB
• no provision for school voucher was included
• 22nd march - the house education and workforce committee introduce the bill, much closer to the white house idea as it included the voucher scheme
• over the following weeks, both parts of congress have a bipartisan approach

Question 63

second reading of NCLB

Answer 63

• 9th may - HoR reading takes place in house committee, bill is approved 41 to 7
• school vouchers are dropped due to democrat opposition and other interest groups (e.g. family research council, traditional values coalition)
• with this approach, the bill is guaranteed to sail through

Question 64

floor debate for NCLB

Answer 64

• 2 day debate
• on 23rd may, the house passed the bill 384-45
• in this time there were 17 votes on HR1
• couple of amendments: publication of all school reports, all construction using funding must use US steel (example of a concession being made)
• the senate debate S1 bill
• president meets 9 leading senators
• the bill passes 91 - 8

Question 65

conference committee for NCLB

Answer 65

• significant difference between S1 and HR1
• a big one was funding
• S1 - $14.4 billion proposed
• HR1 - $4.6 billion proposed
• 39 members involved, they met on the 19th July but there was no progress until august
• 11th September - bill was pushed back as it is not a priority
• 25th September - reading programme agreed by the committee
• 11th December - final version of the bill agreed, compromised over funding and the final total was $4.3 billion
• the president signs on the 8th of January 2002 and the bill becomes statute

Question 66

oversight

Answer 66

the ability of one branch of government to supervise the work of another

Question 67

main congressional checks on the executive provided by the constitution

Answer 67

• impeachment and removal of members of the executive branch - the house can impeach a member of the executive branch and the senate can then hold a trial on order to decide whether or not to remove them
• declare war
• senate ratification of appointments and treaties
• proposing legislation - actively developing their own congressional agenda will contrast or conflict with the goals of the president
• overturn presidential veto - e.g. Obama issued his veto against sponsors of terrorism act in 2016 which was overturned

Question 68

how committees can provide oversight on the executive

Answer 68

• most committees are policy based and conduct oversight based on their policy expertise, typically they investigate a department and hold hearings for executive members
• the house committee on oversight and reform has the sole role of scrutinising the executive, e.g., before the 2016 election - committee chair Jason Chaffetz used the committee to investigate Hilary Clinton’s use of a private email account for her work as secretary of state
• congress can create temporary committees to provide oversight if an event of concern arises - congress created the house select committee on Benghazi (2014), after the US ambassador for Libya was killed there

Question 69

the effectiveness of congressional checks may be limited

Answer 69

• congress can be restricted by the extent of presidential power
• congress may be unable to provide checks on the president where the president makes use of certain presidential powers
• imperial presidency - suggests that the president has a number of tools to bypass these checks
• e.g., by using executive orders directing the executive branch to carry out a policy in a certain way, the president can effectively create new policies without passing legislation through congress
• congress has criticised Obama for his numerous executive orders on gun control, immigration and federal pay

Question 70

factors influencing the relationship between congress and the presidency

Answer 70

• does the president hold a majority in both congressional chambers
• are the president and congress working on domestic or foreign policy
• how popular is the president, congress, or specific policy with the general public
• does the president have effective leadership and persuasion skills
• who has the stronger or more recent mandate: the president or congress
• the extent to which these checks are effective changes according to political circumstances - the power to vote against presidential proposals is likely to be used if the president/policy is unpopular
• if the president and congress are of the same party, oversight is limited

Question 71

congress’ limits on the supreme court

Answer 71

• the ultimate power congress holds over the supreme court is to overturn a decision
• using an amendment to the constitution, congress can reverse or amend a court ruling
• e.g., when congress and the states lowered the voting age to 18 in the 26th amendment of 1971, it effectively overturned Oregon v. Mitchell 1970 ruling, which allowed states to retain the age of 21 as the voting age for state elections if they wished to
• the restriction on the court is limited by the difficulty of amending the constitution
• the majority of supreme court rulings are not subject to an amendment effort, those that are, usually fail
• powers congress has in relation to the supreme court that does not have any impact on the court as a whole on a year by year basis: individual justices can be impeached and removed by congress; the constitution gives congress the authority to determine the total number of justices on the court

Question 72

leaving the bill on his desk

Answer 72

• the president may decide to ‘leave the bill on his desk’
• he does this for bills upon which he takes no position at all, or which he would like to veto but knows his veto would be overridden
• these bills will become law without his signature within 10 congressional days

Question 73

regular veto

Answer 73

• the president may veto the bill using a regular bill, this is done to bills that he strongly opposes
• presidents use the threat of a veto as a bargaining tool with congress, hoping that this threat will make congress make changes to the bill
• to veto the bill, the president must act within 10 congressional working days of receiving it, sending it back to its house of origin, and he must veto the whole bill and not just parts of it
• congress then has three options: can put right the ‘wrongs’ identified by the president in his veto message and return the bill for signature (unlikely); to attempt to override the veto (rarely achieved as it requires 2/3 majority from both house); congress may realise that it does not have the votes necessary to override the veto, and may accept that the president has won (most likely)

Question 74

pocket veto

Answer 74

if the bill is awaiting the president’s action when the legislative session ends, the bill is lost: this is a pocket veto and cannot be overridden by congress

Question 75

why is it so difficult to get bills passed through congress

Answer 75

• a vast number of bills are introduced, immediately making the process crowded
• the process itself is complicated
• there is a need at soe stages for super majority votes: 3/5 majority to stop a legislative filibuster in the senate
• power in congress is decentralised - much power resides with the standing committees and especially with those who chair them, party leaders have limited powers
• both houses possess equal power, which makes the process more difficult

Question 76

significant laws passed by congress

Answer 76

• american recovery and reinvestment act (2009)
• gave the economy a $787bn injection to protect jobs and stimulate the economy
• covered infrastructure, aid to low paid workers, education and tax breaks
• effectiveness strongly disputed; congress vote split almost entirely on party lines

Question 77

the legislative process

Answer 77

1. initiation - president or congress - bills are initiation by the president, party leaders in congress, committees or even individual members
2. debate and amend (house) - house committees -
3. debate and amend (senate) - senate committees -
   - bills usually pass through each chamber at the same time; the main role of committee is to examine and amend a bill
4. scheduling for main chamber - house rules committee
5. scheduling for ain chamber - senate floor
   - once a bill passes the committee stage, a decision is taken on whether or not it should proceed to the full chamber
6. decide - full house votes
7. decide - full sente votes
   - a bill must receive 50% of the vote in each chamber; at this stage, the house and the senate may have developed different bills as a result of amendments made in each chamber, a disputed bill ay go to a conference committee
8. the president - the president has to sign a bill for it to become law, alternatively the president can veto a bill and congress can overturn this veto but it then requires 2/3 vote in each chamber

Question 78

key features of the legislative process

Answer 78

• initiation: presidents can dominate the political agenda, but the leaders and members of congress regularly initiate policy; congress may be more active in setting an agenda if the president’s party has recently lost control of congress in a mid term election
• compromise: successful legislation will usually be a result of huge concessions and additions to a bill
• weak parties and party leaders: due to separation of powers and federalism, parties tend to be weak with many factions, party leaders also have limited power over their own party
• obstacles to success: some of the main impediments to passing laws - senate and the house may have differences in party majority, leading to major legislative conflict; legislation has to pass through several congressional committees, which can amend or obstruct a bill; overriding a presidential veto requires a supermajority

Question 79

difference in legislation between house and senate

Answer 79

• in the house, bills go to a rules committee, which decide how long and under what rules the bill will be debated
• the speaker of the house effectively controls this committee, and therefore has great power over the legislative agenda of the house
• the rules committee can determine a closed rule (where no amendments can be offered) - the senate does not do this, all bills are fully debated
• the senate does not have a rules committee and gives unlimited debate time for a bill
• the senate uses unanimous consent (where all senators involved agree on a decision being made); it is used to determine the time spent or waive certain points of order, and to agree rules for debate on legislation
• filibuster - the senate allows senators to use a filibuster to stop/delay legislation or presidential appointments
• the record for the longest filibuster belongs to Sen. Strom Thurmond of South Carolina, who spoke for 24 hours and 18 minutes against the Civil Rights Act of 1957

Question 80

strengths and weaknesses of the legislative process

Answer 80

• checks and balances prevent tyranny, forcing compromise between different interests, in this sense the US creates a pluralist democracy
• quality policy comes from detailed consideration of bills to remove any undesirable aspects
• individual and states’ rights are protected, as senators can insert amendments or filibuster on the basis of their equal state power and interest
• inefficiency/low output results from the excessive need to compromise
• high levels of partisanship mean parties are unwilling to compromise, leading to gridlock
• poor quality legislation can come from too much compromise, a bill may lack coherence due to many amendments and interests; prevalent pork barrelling can create financially wasteful policy not based on rational decisions

Question 81

factors limiting the impact of congress

Answer 81

• congress is internally divided and may be unable to make new law, especially with divisions between house and senate
• the supreme court can overturn acts of congress using judicial review (e.g. shelby county v. holder 2013 overturned key sections of the voting rights act)
• partisanship has decreased the will of parties to compromise, making it harder to create law
• the president can veto legislation passed by congress (e.g. obama veto of affordable care act repeal 2016)