2.2 the distribution of powers within congress Flashcards
1
Q
concurrent powers
create legislation
A
- only has this power over the areas laid out in the constitution
- congress can block, amend, or reject legislation proposed by the president
- Eg. Biden put forward his 3 part Build Back Better infrastructure, covid 19, and social security plan.
- While the covid recovery passed quickly, democratic senators Manchin and Sinema held up the other 2 parts in congress, and progressivs objected to areas of his legislation
- inflation reduction act 2022 Chuck schumer and Joe Manchin
- Eg. to ensure the Affordable Care Act 2010, Obama had to issue executive order 13535 guaranteeing aborition would not be federally funded to overcome congressional disagreements
2
Q
concurrent powers
override the president’s veto
A
- the president can veto a bill
- congress can overturn this with 2/3 in both houses.
- more commonly used when congress isn’t controlled by the same party as the presidency. Eg. All of Bush’s 12 vetoes came after he lost control of both houses in congress, and there were override attempts on 10 of these, 4 successfully.
- Eg. All of Trump’s 10 vetoes came from when he lost control of the House in 2018 midterms
- Eg. In 2020, congress overrode Trump’s veto of the National Defense Authorisation Act with bipartisan cooperation. Senate: 81-13 to override; the house, 322-87 to override (2 days before the new 117th congress was sworn in!!)
3
Q
concurrent powers
propose constitutional amendments.
A
- with a 2/3 vote in both houses, congress can propose constitutional amendments
- last was in 1992 but more have been put forward
- Eg. Representative Cohen (R-Tennessee) proposed limiting presidential power of the pardon in the 117th congress.
4
Q
concurrent powers
declare war
A
- with the agreement of both houses
- Eg. 1942 to declare war on Romania and join WW2
- congress tries to use the powers it has over money and tax to control a presdident’s desire for military action, given NUCLEAR WEAPONS???
5
Q
concurrent powers
confirm a new VP
A
- 25th amendment :D
- this power is most commonly used when a VP has to step up after the role of a new president
- Eg. when the president is assassinated, JFK in 1963 :( or a resignation, Nixon in 1974
6
Q
concurrent powers
investigation!!! ;p
A
- congress can launch an investigation into an area where it has created legislation or may need to, and into federal programs
- congress has the power to SUBPONEA witnesses, meaning they must attend hearings
- Eg. reviewing the insurrection at Congress on 6 January 2021
- Eg. 2017, 4 congressional committees investigated alleged russian interference in the 2016 presidential election, the Republican chair, Devin Nunes (R-California) of the House intelligence committee concluded they did not
- this is IMPLIED: so there is no requirement that the reports are acted on..
7
Q
Exclusive powers of the House of Representatives
Power of the purse
A
- the house alone can begin appropriations bills!
- each year, the president submits the annual budget for the US government to the House Budget Committee to begin the approval process
- Eg. In 2018, trump rquested the budget for the EPA to be cut by 1/3, the house proposed cutting it by just 6% instead.
- the senate can also amend and must approve appropriations bills though, which limits the importance of this power
8
Q
Exclusive powers of the House of Representatives
bring charges of impeachment
A
- only the house can bring charges of impeachment against the president, their officials, or justices of the federal courts
- if the individual is found guilty, they are then removed from office by the senate.
- impeachment is removing the person from power, and is not necessarily criminakl
- it is a threat to anyone who holds office
- eg. Trumps incitement of insurrection in 2021
- Eg. Trumps abuse of power and obstruction of congress, 2019, in which he allegedly asked Ukranian president Zelensky to investigate his democrat opponent in the runup to the 2020 election
9
Q
Exclusive powers of the House of Representatives
choose the president if the electoral college is deadlocked
A
- if no one manages the 270, the house chooses who is to becom te the president.
- each state is given 1 vote regardless of size in this case.
- with the development of 2 party politics, this power is unlikely to be used.
- Eg. 1800 and 1824 it was used to elect Jefferson and John Quincy Adams. In 1800, the electoral college returned a tie between Jefferson and Aaron Burr, after no fewer than 36 votes in the house, Jefferson secured an outright majority of 9 votes and was declared president
10
Q
Exclusive powers of the senate
what are they?
4
A
- ratifying treaties
- confirming appointments
- try cases of impeachment
- choose the VP if the electoral college is deadlocked.
11
Q
Exclusive powers of the senate
ratifying treaties
A
- the senate can approve or reject the proposed treaties from the president by 2/3 of the vote
- Eg. the senate voted to reject the UN convention on the Rights of Persons with Disabilities in 2012
- by scrutinising and approving a treaty, the senate is also demonstrating its power
12
Q
Exclusive powers of the senate
confirming appointments
A
- the senate can confirm nominees put forward by the president to the federal courts, the cabinet, ambassadorial posts, among others
- hearings by a relevant committee on the qualifications and suitability of a candidate before a vote of the whole senate
- Eg. RFK, jr has just faced his first hearing before the Finance Committee and his second hearing before the Health, Education, Labor and Pension committee
- Eg. Trumps appointment of Brett Kavanaugh were subject to unprecedented protests objecting to his nomination after he faced allkegations of sexual assault.
13
Q
Exclusive powers of the senate
try cases of impeachment
A
- when the house votes to bring impeachment charges, a trial is held in the senate.
- the house acts as the prosecution, while the person against whom charges have been brought can mount a defence, both calling witnesses and putting forward arguments
- 2/3 are required to find the person ‘guilty’ or ‘not guilty’
- the constitution is very vague over grounds for impeachment
- Eg. before he became president, Gerald Ford led a charge of impeachment for financial misconduct against Justice Douglas in 1970
14
Q
Exclusive powers of the senate
- choose the VP if the electoral college is deadlocked
A
- the vp acts as the president of the senate, so it is logical the senate would select them in these circumstances
- Eg. only ever happened twice, 1800 and 1824
