2.2 The functions of Congress Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What are the functions of Congress?

A

Representation

The legislative function

Oversight

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Explain congressional elections.

A
  • Frequency means voters’ voices are heard every 2 years, offering high levels of representation
  • Use FPTP voting system - members of both houses elected in single-member constituencies - whole states for the Senate and districts for the House
  • Subject to primaries - will only occur within a party when more than one candidate wants to represent the party for that seat
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Explain the importance of mid-term elections.

A
  • Often effectively a referendum on the first 2 years of a presidential term
  • Can have a major impact on presidential power - can make it harder for legislation to pass

There is a clear pattern: the president’s party loses seats in mid-terms, with voters often trying to curtail presidential power.

Presidential party has only ever gained seats in the House 3 times - FDR, 1934, Clinton, 1998, Bush, 2002.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How has the nature of mid-term elections changed hugely?

A

There has been a tendency for congressional candidates to develop their own individual policy platform - has been eroded by rise in nation-based agendas.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Explain the significance of incumbency in Congress.

A

The incumbent typically wins their seat again in the next. In 2016 incumbency re-election rates were 97% for the House and 90% for the Senate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the main reasons for high incumbency re-election rates?

A

Use of office

Safe seats and gerrymandering

Pork-barrel legislation

Financial advantage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How does the use of office lead to a high incumbency rate?

A

Congresspeople and Senators can use their place in office to established popularity and attract major donors.

A proven tack record inspires trust among voters and donors.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How do safe seats and gerrymandering lead to high incumbency rates?

A

Winner-takes-all system in Congress allowed huge number of safe seats, where a candidate wins so convincingly, they are expected to keep the seat at the next election.

Gerrymandering - drawing electoral boundaries to favour a certain social group or party.
- Lets the dominant party draw district boundaries in their favour, at the expense of the opposition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How does pork-barrel legislation lead to high incumbency rates?

A

Pork-barrel legislation - when Congress proposes an amendment to legislation that will bring benefits to a particular group.

‘Earmark’ legislation - amendment added by a politician to add expenditure to a bill that benefits their constituency.

2010 - Republican leaders placed moratorium on earmarks to restrict pork-barrel legislation - didn’t stop the practice.

2016 - Congress passed legislation to spend $475 million on navy ship that defence secretary didn’t want - supported by Representatives of districts with major shipbuilding companies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How does a financial advantage lead to high incumbency rates?

A

Incumbents can attract more money than challenges, allowing them to run more successful campaigns.

Challengers can struggle to gain name recognition and often find themselves under attack through well-funded negative adverts.

Incumbents - for 417 candidates, the total raised (in millions) is $627.3 - $1.50 per candidate.

Challengers - for 631 - $135.3 - $0.21 per candidate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Why can high incumbency rates be seen as a threat to US democracy?

A

Suggests an ineffective level of representation.

Some states tried to resolve this by creating term limits for their Congresspersons and Senators - struck down by Supreme Court

Term limits would end stagnation of politicians in Congress - but the major underlying causes, funding and gerrymandering, would remain along with concerns about the level of representation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the factors affecting voting behaviour within Congress?

A

Public opinion/constituency

Party/party leaders

Caucuses

Interest groups and professional lobbyists

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How does public opinion/constituency affect voting behaviour?

A

Representatives have to take into account public opinion - or run risk of being voted out.

Arguably more important in the House - elections take place every 2 years - compared to 6 in Senate.

Representatives could vote based on the interests of constituents rather than the party - e.g., in 2009, some Democrats switched position on ACA after meetings with constituents and rising opposition to the bill.

More accountable to public opinion rather than president.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

How does party/party leaders affect voting behaviour within Congress?

A

Representatives pressured to vote according to the majority party view.

Sense of belonging in a party - desire to stop the opposing party.

Weekly caucus meetings - all members of a party gather

Party leaders have limited use of patronage power - use of committee chairmanships or memberships to sway politicians one way.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is an example of members of Congress voting in line with their party rather than what their representatives necessarily think?

A

No Republicans voted for Obama’s stimulus budget in 2009, arguably due to partisanship rather than ideology.

However, local opinion led 11 southern Democrats to vote against the stimulus package.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How do caucuses affect voting behaviour within Congress?

A

Many factions with Congress - some based on ideology (such Blue Dog Democrats).

Others based on social characteristics, such as the black caucus - 40 members - dominated by Democrats but is officially non-partisan.

Others based on economic interests - not set along party lines - such as the Congressional Steel Caucus - 100 members

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

How do interest groups and professional lobbyists affect voting behaviour within Congress?

A

Groups can influence voting through means including donations, which may influence a Congressperson or Senator to vote for policies that favour a group.

Politicians can be strongly influenced by professional lobbyists and big businesses.
- Members of Congress, once they leave Capitol Hill, can command a much higher salary within such an organisation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are examples of interest groups that affect Congress voting behaviour?

A

AFL-CIO and AARP have large active memberships - members can mobilise to create the threat of removal of members from Congress.

After 2012 Newton shootings - NRA prevented Obama from passing gun legislation - despite clear majority support.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the 4 key features of the legislative process?

A

Initiation

Compromise

Weak parties and party leaders

Obstacles to success

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Explain initiation in the legislative process.

A

Presidents can dominate the political agenda, but leaders in the House or Senate - and individual 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 or if bipartisan control exists.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Explain compromise in the legislative process.

A

Separation of powers - and checks and balances - including co-equal legislative power in both Houses - make compromise between parties or chambers necessary.

Successful legislation usually will result from huge concessions and additions to a bill.

Legislation doesn’t pass in a linear manner - a proposal may travel through both chambers at the same time, with the House and Senate then producing alternative versions of a law - they may then reconcile it.

This can be done through a conference committee - members of both chambers try to agree.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

How do weak parties and party leaders contribute to the legislative process?

A

Due to separation of powers and federalism - parties tend to be weak - having many factions.

Party leaders - limited power over their party - ineffective patronage and whipping - many Congress members more interested in prioritising concerns of their own state or district over the national agenda.

Parties don’t act as a single unit = more difficult to pass legislation.

Partisanship = gridlock - president, House and Senate fail to agree and legislation can’t be passed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are the main obstacles to success in passing laws?

A

Senate and House - roughly equal law-making power - but may have different priorities due to term lengths - also could be differences in party majority.

Legislation requires several congressional committees - which can amend or obstruct a bill.
- Many committees are policy-based - will make decisions regarding the efficacy of a proposal

Overriding a presidential veto needs supermajority - 2/3

24
Q

What are the differences between the House and Senate in terms of debating bills?

A

House - Rules Committee - decides how long and under what rules the bill will be debated

  • Speaker effectively controls this - has great power over legislative agenda
  • Committee can determine a closed rule, where a bill can be discussed but no amendments can be offered

Senate - doesn’t do this; all bills are fully debated.

25
Q

Why is the Senate much less structured than the House?

A
  • It doesn’t have a Rules Committee and gives unlimited debate
  • Often uses unanimous consent - all Senators involved agree on a decision
  • Unanimous consent, among other things, used to agree rules for debate on legislation, which can determine time spent or waive certain points of order - such as need for a full reading
26
Q

What is unanimous consent?

A

Where a Senator or Congressperson may request unanimous consent on the floor to set aside a specific rule of procedure so as to expedite proceedings.

27
Q

What is a filibuster?

A

A process in which a Senator gives prolonged speech on the floor of the Senate to obstruct legislative progress of a bill or confirmation of appointments to the executive or judiciary.

28
Q

What is the record for the longest filibuster?

A

Senator Strom Thurmond of South Carolina - spoke for 24 hours and 18 minutes against the Civil Rights Act of 1957.

29
Q

What is the ‘nuclear option’?

A

2013 - Senate used the ‘nuclear option’, voting 52-48 - with all Republican and 3 Democrats voting against - to eliminate use of the filibuster on executive branch nominees and judicial nominees other than to the Supreme Court.

2017 - Republican-held Senate extended this, ending the use of the filibuster for Supreme Court nominations after Democrats filibustered Trump’s nomination to the Supreme Court.

30
Q

Why, typically, are 60 votes needed in the Senate to pass legislation?

A

Because filibuster can be ended with a 3/5 vote in support of a motion known as a cloture.

Their use, alongside the use of filibusters, has increased hugely in recent years.

2010 - the DREAM Act, having passed the House, failed to gain 60 votes needed to overcome a Republican filibuster.

31
Q

What are the strengths of the legislative process?

A
  • Checks and balances prevent tyranny - force compromise between different interests - US creates a pluralist democracy in which power is shared
  • Quality policy - comes from detailed consideration of bills and filters to remove undesirable aspects - this limits the danger of a bill being poorly thought through
  • Individual and states’ rights are protected - as Senators can insert amendments or filibuster on the basis of their equal state power and interests
32
Q

What are the weaknesses of the legislative process?

A

Inefficiency/low output - excessive need to compromise - cannot act quickly and often fails to agree on legislation to address key needs

High levels of partisanship - parties unwilling to compromise = gridlock - Constitution requires compromise for laws to be passed

Poor-quality legislation - can come form too much compromise - bill may lack coherence due to many amendments and interests - prevalent pork-barrelling can create financially wasteful policy not based on rational decisions

33
Q

The strengths and weaknesses of the legislative process can be used to judge…

A

the effectiveness of laws passed - also, any assessment of the effectiveness of laws passed will clearly be affected by ideological judgements
- Liberals and conservatives will disagree over the effectiveness of laws that are passed

34
Q

Why may conservatives support the current legislative process?

A
  • Its complex
  • It makes it more difficult to bring about change and can be used to stop the federal govt from imposing new requirements on US citizens and states
  • It has often been conservatives who have objected to federal laws - such as the Voting Rights Act or the ACA - as they undermine federalism
35
Q

Why may liberals prefer a more efficient legislative process?

A
  • To increase their chances of developing socially progressive legislation
36
Q

How does party control factor in to the legislative process?

A
  • Democrats who want the president to have greater power to make policy, arguing that the filibuster has been misused by the Senate during the Obama presidency, might be the same Democrats who strongly support the use of filibuster to prevent more conservative elements of Trump’s legislative agenda from coming to fruition
37
Q

How many bills did Congress pass into law the 116th, 115th and 114th Congresses?

A

116th - 1,229 (7%)

115th - 1,085 (8%)

114th - 776 (6%)

38
Q

How many bills did the 114th Congress (2015-17) introduce, and how many, of those, did they send to President Obama?

Same question with 113th.

A

114th - 10,078 bills introduced - 329 sent to Obama (3%)

113th - 8911 bills introduced - 282 sent to Obama (3%)

39
Q

Give examples of recent (since start of Obama presidency) important bills that have been passed.

A

American Recovery and Reinvestment Act 2009

Patient Protection and Affordable Care Act 2010

The Freedom Act 2015

40
Q

Give examples of recent (since start of Obama presidency) major legislative proposals that have been passed.

A

American Recovery and Reinvestment Act 2009

Patient Protection and Affordable Care Act 2010

The Freedom Act 2015

41
Q

Explain the American Recovery and Reinvestment Act 2009.

A

Gave economy $787 bn 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.

42
Q

Explain the Patient Protection and Affordable Care Act 2010.

A

Requires almost all Americans to have health insurance, with provisions for those on low/no income

Requires insurance companies to insure those with pre-existing conditions

Support in Congress based mainly on party affiliation

43
Q

Explain the Freedom Act 2015.

A

Created after Edward Snowden revealed how the Patriot Act was being used to monitor US citizens

Reauthorised many provisions of the Patriot Act (2001) until 2019, including giving the govt powers to collect bulk communications data via surveillance (gathering data but not contents)

Continued supervision of ‘probable cause’ to suspect that someone is involved in terrorism

Led to dispute between House and Senate - Mitch McConnel held out for the re-authorisation of the Patriot Act

44
Q

Give examples of recent major legislative proposals that have failed.

A

DREAM Act

Gun regulations

Budget shutdown in 2013

45
Q

Explain the failed DREAM Act.

A

Advocated by Obama in 2008 and 2012 election campaigns

Aimed at allowing all illegal immigrants who arrived in US before 18th birthday to have a right to remain

Filibustered in Senate, with Obama using temporary executive orders to achieve some of his policy goals

46
Q

Explain the failed gun regulations.

A

Proposed in various forms by president and Congress

Legislation developed by VP Biden, after Sandy Hook Newtown shootings. Defeated in the Senate

This would have banned some assault rifles, limited the size of magazines and increased the use of background checks

47
Q

Explain the budget shutdown in 2013.

A

Legislative gridlock due to lack of agreement on Continuing Appropriate Resolution

Disagreement centred on spending levels, budget deficit and the ACA which the House insisted on defunding

Lasted 16 days at an estimated cost of $24 bn

Over a million federal employers worked without knowing their pay dates; many others told not to go to work

Inability of president and Congress to agree on annual budget plagued Obama’s presidency

48
Q

What are the factors limiting the impact of Congress?

A

The president can veto legislation passed by Congress - Obama veto of ACA Repeal 2016

Partisanship has decreased the will of parties to compromise, making it harder to create laws - Democrats and Republicans couldn’t agree on a budget in 2013 despite terrible consequences of budget shutdown

The Supreme Court can overturn acts of Congress using judicial review - Shelby County v Holder 2013 overturned key sections of Voting Rights Act

Congress is internally divided and may be unable to make a new law, especially with divisions between House and Senate - 2013 Senate passed immigration reform which wasn’t taken up by the House

49
Q

What is oversight?

A

Ability of one branch of govt to supervise the work of another.

50
Q

What are the main congressional checks on the executive provided by the Constitution?

A
  1. Vote on presidential proposals
  2. Vote against laws initiated or supported by President
  3. Amend laws initiated or supported by the President
  4. Determine funding for presidential projects
  5. Proposing legislation
  6. Overturn presidential veto
  7. Declare War
  8. Senate Ratification of treaties
  9. Senate Ratification of appointments
  10. Impeachment and removal of members of the executive branch
51
Q

How can congressional committees check the executive?

A

Most are policy-based - conduct oversight based on their policy expertise - typically investigate a department and hold hearings for executive members

House Committee on Oversight and Reform - scrutinises executive - e.g., investigation of Hillary Clinton’s private email account

Congress can create temporary committees to provide oversight if an event of concern arises

52
Q

How may the effectiveness of congressional checks be limited?

A

Congress may be restricted by the extent of presidential power - may be unable to provide checks on president where president makes use of certain presidential powers

Imperial presidency - president has number of tools to bypass these checks - E.g., using executive orders directing executive branch to carry out a policy in a certain way

53
Q

What are the factors influencing the relationship between Congress and the presidency?

A

Does president hold majority in both chambers?

Are president and Congress working together on domestic and foreign policy

How popular is the president, Congress or a specific policy with the general public?

Does president have effective leadership and persuasion skills?

Who has stronger or more recent mandate: Congress or the president?

54
Q

Why does the effectiveness of checks on the president change?

A

Because of political circumstances - the power to vote against presidential proposals is more likely to be used if the president or policy is unpopular.

55
Q

Give an example of limited oversight due to the president and Congress being in the same party.

A

2017 - Devin Nunes, chair of the House Intelligence Committee, charged with investigating alleged Russian involvement in US elections - criticised for his lack of independence from Trump - travelled to the White House to view security documents.

56
Q

What is the ultimate power that Congress holds over the Supreme Court?

A

Power to overturn a decision - using an amendment to the Constitution to reverse or amend a Court ruling - when Congress and states lowered voting age to 18 in 26th amendment of 1971, it overturned the Oregon v Mitchell 1970 ruling

  • The restriction on the Court is limited by difficulty of amending the Constitution
  • Vast majority of Supreme Court rulings not subject to an amendment effort - usually fail
57
Q

Other than overturning decisions, what other limits on the Supreme Court do Congress have?

A

Senate’s ratification of presidential nominations - Senate can’t check the Court as a whole - nor does it have control over a justice - Senate’s role limited to conducting hearings and then voting on a nominee.

Individual justices can be impeached and removed - only attempt in 1804

Constitution gives Congress authority to determine total number of justices on the Court - number settled at 9 since Civil War