2.2 The functions of Congress Flashcards

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1
Q

What are the congressional committees you need to know?

A
  • Standing committee
  • House Rules Committee
  • Conference committee
  • Select committee
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2
Q

What are standing committees?

A

A permanent, policy specialist committee of

Congress playing key roles in both legislation and investigation

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3
Q

What does a typical senate standing committee look like?

A

18 members in the senate

House committee would be 30-40 members

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4
Q

What are motivations of committee members

A

House and Senate members seek assignments on committees that
are closest to the interests of their district or state
e.g Ilhan Omar and House Committee on Education and Labor

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5
Q

What are the functions of standing committees?

A
  • Conducting committee stage of bills
  • Conducting investigations
  • Confirming presidential appointments
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6
Q

Whats the first function of standing committees in both houses

A

to confuct the committeee stage of bills in the legislative proccess

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7
Q

What does conduct the committee state of bills entail?

A

Holding hearings on the bills at which ‘witnesses’ appear

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8
Q

Who might these ‘witnesses’ be?

A

:
• other members of Congress
• members from the relevant executive departments or agencies, or
even from the White House
• representatives from interest groups or professional bodies likely to
be affected
• ordinary members of the public

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9
Q

What happens at the end of these hearings

A

At the conclusion of these
hearings, a vote is taken by the committee on whether or not to pass
the bill on to the full chamber for debate and votes — the next stage
in the legislative process.

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10
Q

What investigations do standing committes do up?

A

enables Congress to fulfil its oversight function.
Such investigations are often launched into perceived problems, crises or policy failures. They attempt to answer such questions as ‘Why did this happen?’, ‘Is current legislation proving effective?’ and ‘Is new legislationrequired?’

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11
Q

How do standing committees confirm presidential appointments?

A

The vote is not decisive but recommendatory –> important clue in the likely outcome of the nomination

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12
Q

Which standing committees get busy when cornifirming executive appointments?

A

Senate judiciary and foreign relations commission

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13
Q

What is a significant example of standing committee fucking over executive?

A

It was the Republican-controlled Senate Judiciary

Committee that refused to hold hearings on President Obama’s Supreme Court nominee Judge Merrick Garland in 2016.

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14
Q

What are limits to standing committee powers?

A

Committees are powerful but not all-powerful: they cannot legislate; they cannot require the executive to comply with their wishes; they cannot implement policies once
they have been approved

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15
Q

What is the house rules committee?

A

One of the standing committees of HoR but performs different function: responsible for prioritising bills coming from the committee state - has to deal with huge queue of bills

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16
Q

What is the membership of the rules committee saying?

A

Its smaller and more skewed to the majority party than other standing committees - 13 members - 9 D, 4 R

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17
Q

What is the most influential post in congress

A

Chair of House rules committee

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18
Q

What are confederence committees

A

Bills pass through both houses concurrently, meaning there are 2 versions of the same bills - if these differences cannot be reconcilled informally, conference is set up

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19
Q

When are conference committees called up

A

Ad hoc - set up to consider one particular bill

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20
Q

What happens if they don’t agree

A

. If
agreement is not forthcoming, the same conference committee may
be reconvened. Another compromise will be drawn up and sent to the
floors of both houses. Should that be unacceptable to one or both
chambers, the bill will be sent back to the standing committees that
first considered it

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21
Q

Why are conference committees important?

A

Conference committees are important because they are likely to
draw up what will become the final version of the bill.

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22
Q

What are select committees?

A

Known as special or investagive committees - all are ad hoc - to investigate a specific issues
- Most are done in one chamber

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23
Q

Why are selective committees needed when standing committees has an investigative function?

A
  • 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
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24
Q

Example of select committee?

A

2014 the then Speaker of the House John Boehner set up the
House Select Committee on Events Surrounding the 2012 Terrorist
Attack in Benghazi that had resulted in the deaths of the American
ambassador to Libya, Christopher Stevens, and three other
Americans. Hearings began in September 2014 but it was not until
October 2015 that Hillary Clinton, who at the time of the attack was
serving as secretary of state (foreign secretary), appeared before the
committee for 11 hours of questioning. The committee published its
final report in June 2016.

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25
Q

Are there permanent select committees?

A

ye
the Senate
there are four, on Aging, Ethics, Indian Affairs, and Intelligence; in the
House there is just one, on Intelligence

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26
Q

Seniority rule

A

A ‘rule’ that the chair of a congressional standing

committee is the member of the majority party with the longest continuous service on that committee.

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27
Q

Where are standing committees chairs from?

A

the majority party

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28
Q

What powers do chair standing committees have?

A

• control the committee’s agenda
• decide when the committee will meet
• control the committee’s budget
• influence the membership, meetings and hearings of subcommittees
• supervise a sizeable committee staff
• serve as spokesperson on the committee’s policy area within
Congress, to the White House and in the media• make requests to the House Rules Committee (in the House) and
the party leadership (in the Senate) for scheduling of legislation on
the House floor
• report legislation to the floor of their respective chamber on behalf
of the full committee

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29
Q

What is the legislative process?

A
1 Introduction
2 Committee stage
3 Timetabling
4 Floor debate and vote on passage
5 Conference committee (optional)
6 Presidential action
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30
Q

How long do bills have to pass?

A

two years. So, for
example, the 115th Congress runs from January 2017 until December
2018. Any bills not completed in one Congress must start the process
again at the beginning of the next Congress.

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31
Q

Whats the percentage of bills enacted by congress 2019-21

A

2%

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32
Q

Whats this congress numbered?

A

117th - started this year

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33
Q

How does a bill get introduced?

A

There is no debate and no vote.
In the House, it involves nothing more than placing a copy of the bill
in a ‘hopper’ — a tray — on the clerk’s desk. In the Senate, the
introduction involves reading out the title of the bill on the Senate
floor. Bills are then numbered, p

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34
Q

How many bills get introduced?

A

a lot, 116th congress did up 16,000, an increase

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35
Q

Which part of the stage has more bills fail than at any stage?

A

committee stage

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36
Q

How do committees deal with the huge amount of bills given?

A

A significant number are pigeon-holed — put to one

side, with no action taken on them at all, no hearings and no vote.

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37
Q

Why is the committee stage so important?

A

The full House and Senate have not yet debated the bill. The standing committee members are regarded as the policy specialists in their policy area and they have the full power of amendment — anything can be added to and anything removed
from the bill at this stage.

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38
Q

What happens when the hearings are compelted?

A

, the committee holds a mark-up session — making the changes it wishes — before reporting out the bill, effectively sending it on to its next stage

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39
Q

What does the report written by the committee do?

A

states the main aims of the bill; reviews the amendments made by the committee; estimates the cost of implementation; and recommends future action to be taken by the full chamber

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40
Q

Unanimous consent agreement

A

An agreement in either the House or the Senate, made without objection, to waive the chamber’s normal rules

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41
Q

How does HoR deals with bill queue?

A

through the House
Rules Committee. The ‘prioritising’ role of the House Rules
Committee makes it a kind of legislative ‘gatekeeper’ or ‘traffic cop’ —
allowing some bills through but holding others back

42
Q

What is the discharge petition

A

When the house rules committee fails to give a rule to a popular bill, with an absolute majority of House members voting for it, the bill automatically comes onto the house floor for debate

43
Q

Whats an example of the discharge petition being used?

A

used to force through the Bipartisan Campaign Reform Act (2002)

44
Q

What happens on floor debates and vote on passage

A

In both houses further amendments can usually be made - this is the first opportunity for full chambers to debate

45
Q

Whats the issue with the senate when having floor debate

A

Possibility of a filibuster

46
Q

Filibuster

A

A device by which one or more senators can delay action on a bill or any other matter by debating it at length or by other obstructive actions.

47
Q

Example of filibuster

A

Bernie Sanders in 2010 for 8 hours on bi partisan tax deal

48
Q

How can a filibuster be ended?

A

‘closure’ (or ‘cloture’). To be successful, a closure petition must be signed by 16 senators and then voted for by at least three-fifths (60) of the entire Senate.

49
Q

How many closures in 116th congress?

A

328 - increase almost every congress

50
Q

What is the ‘nuclear option’

A

require only a
simple majority vote to end filibusters of certain executive and judicial
branch nominations, though this did not include nominations to the
Supreme Court. - republicans kept these in place

51
Q

What happens after debate and approval of any amendment

A

each chamber votes to pass or defeat the bill - house and senate version of bill likely to be minor

52
Q

What happens if the bills are different?

A

the two houses may agree informally among the leadership to adjust them = if differences are significant then conference committee set up

53
Q

What are the differences in the legislative process in each chamber?

A
  • 2 yr HoR gives more urgency than 6yr Senate
  • HoR members have only 1 major committee assignment - more policy specialists, unlike Senators who are on several committees more likely to be generalists
54
Q

What happens if there is a tied vote in each house?

A

HoR - bill is defeated

Senate - tied vote the vice president has a casting vote

55
Q

How are amendments done up in each house?

A

HoR - hard bc most bills given closed rules

Senate - amendments are much easier to achieve

56
Q

How is debate conducted in each house?

A

HoR - debate limited to 1 hour and strict limit on length of speeches controlled by bill managers
Senate - no limits on speeches allows for opporunities to delay and filibuster

57
Q

How does each house deal with discharge?

A

HoR - discharge process limits power of standing committee to refuse to report out a bill
Senate - no discharge process - enhances standing committees to block bills

58
Q

Hows use of conference committees been used

A

declined over past 20 years - 113th congress had just 2

59
Q

When did decline of conferece committees come through?

A

republicans in 1995 when it had control of both houses began to use a more ad-hoc approach where 1 chamger was asked to endorse legislation passed in other chamber
‘ping ponging’ became more common

60
Q

What are the 4 options presidents have once they have the bill?

A
  • Signing the bill into law
  • Leaving the bill on his desk
  • Regular veto
  • Pocket veto
61
Q

What does leaving the bill on presidents desk mean?

A

President may decide to do this when he takes no position or wants to veto but knows its pointless - bills will become law without his signature within 10 ccongressional days

62
Q

What happens when the president vetos a bill

A

Congress has 3 options:

  • Could put right the ‘wrongs’ identified by president (unlikely as congress already knows)
  • Override veto (requires 2/3 in both houses)
  • Congress holds the L
63
Q

Whats the most likely option congress firms when president vetos

A

Holds rthe L - does nothing - stacks are against them

64
Q

How many vetoes in Trumps reign?

A

10

65
Q

Whats a pocket veto

A

A veto power exercised by the president at the end of

a legislative session whereby bills not signed are lost.

66
Q

How many votes did Obamas healthcare reform bill take

A

3 in House, 3 in senate

67
Q

Why is it so difficult to get bills through congress?

A
  • Need for supermajority sometimes (filibuster bro)
  • Both houses are equal
  • Negative bias in legislative process - too complicated, can easilt get fucked
  • POwer in ocngress is decentralised, standing committees and chairs
68
Q

What did senate majority leader Bob Dole once describe himself?

A

Majority pleader

69
Q

What are the functions of congress again?

A

representation
Legislative
Oversight

70
Q

Is congressional oversight explicitly in the constitution

A

lol no

71
Q

What powers do Congress have to overight?

A

hold individuals in contempt tif they fail to comply with congresses demand for information
to make it illegal to lie to congress
- senates power to confirm presidential nominations and power to ratify treaties

72
Q

Oversight

A

Congressional review and investigation of the activities

of the executive branch of government

73
Q

When is congressional oversight effective

A

When congress is not controlled by the presidents party - example of this is almost all example of senates rejection of presidential nominations have come when presidents party not incontrol of denate

74
Q

Whats an example of shit congressional oversight over president when same party in cotnrol of exec and legislative

A

Congressional oversight was light and non0existant, until 2006 when Democrats controlled Congress

75
Q

Whats it called when congressional oversight is lacking

A

Lapdog or rubber stamp

76
Q

How many committees investigated what happened in Benghazi in 2012

A

8 committees, mainr eason for this oversight acitivity was Clinton who was secretary of state at the time but was running for president in 2016

77
Q

What is the effectiveness of congress’ oversight role dependent on?

A
  • Party Control (divided gov’t = more oversight)
  • Popularity of Presidents - unpopular president can get fucked by congress
  • Size of Presidents mandate (Reagan in 1984) less vulnerable than Trump or Clinton
  • National emergency
78
Q

What are the functions of congress again?

A
  • representation
  • Legislation
  • Oversight
79
Q

What does congress’ role of representation actually mean?

A

Either how legislators represent their constituents; or who the legislators are and whether they are ‘representative’ of
constituents in terms of, for example, gender and race.

80
Q

Does it matter if ‘xyz’ isn’t fairly represented?

A

ye; policy implications
Academic studies show that women in gov’t are more likely taise and tackle issues of civil rights, liberties, education, health, etc/

81
Q

What are the models of representation?

A
  • delegate model

- trustee model

82
Q

Trustee model

A
the legislator (representative) is vested with formal responsibility for making decisions on behalf of others. Such representation is said to be based on ‘mature judgement’. 
- critics see this model as elitest - most congres members are trustee tho
83
Q

Delegate model

A

A delegate is someone who is chosen to act on behalf of others. Legislators who follow this model would base
their decisions solely on the wishes of their constituents.
This model is therefore linked to the principle of popular sovereignty, in which the people are sovereign.

84
Q

Pork barrel

A

A term used to refer to funds provided for superfluous projects in a member of Congress’s state or district.

85
Q

How does congress members fulfil their representative function?

A

voting on legislation on the floor of the chamber
• membership of standing committees of particular interest to their
constituents
• lobbying executive departments and agencies on relevant policies
• performing constituency casework, helping constituents with all
kinds of federal matters such as student loans, passport and visa
issues, and receipt of federal benefits
• trying to gain money and projects to benefit their states or districts

86
Q

Whats happened to pork barrel

A

Having peaked in 2006, pork barrel politics has tailed off to virtually zero in
recent years.

87
Q

Is Congress the ‘broken branch’?

(yes

A

In terms of legislation, too often characterised by gridlock and
inaction
• Lack of bipartisanship and compromise
• Senate action often frustrated by filibustering or the threat of it
• Confirmation of presidential appointments often degenerates into
partisan point scoring
• Too many uncompetitive seats pushes parties to ideological
extremes
• Foreign policy checks on the president often ineffective (e.g.
declaring war)

88
Q

Is Congress the ‘broken branch’?

no

A

• Congress passes hundreds of laws each year
• Strong on constituency representation and looking after ‘the folks
back home’
• Congress alone does not cause gridlock in government
• Polarisation in Congress is merely reflective of a polarised
country
• Has successfully called presidents and their administrations to
account
• Slowness in Congress is often because of what the Founding
Fathers wrote in the Constitution

89
Q

Gridlock

A

Failure to get action on policy proposals and legislation in
Congress. Gridlock is thought to be exacerbated by divided
government and partisanship.

90
Q

What factors affect voting?

A
  • Political party
  • The administration
  • Pressure groups
  • Colleagues and staff
    Personal belief
91
Q

Party unity vote (or party vote)

A

A vote in the House or Senate in
which the majority of one party votes against the majority of the
other party. - usually happens in contentious, ideological matter like civil liberties, taxation, etc

92
Q

How strong is the whip in Congress?

A

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.

93
Q

Whats happened to party votes?

A

15 years ago - around half votes were party votes

Last decade has seen a significant increase in party votes but has started to slowly decrease - from Obamas tenue

94
Q

What are party unity votes dodgy?

A

In the Senate, five Democrats had perfect unity scores, all but one of them either declared or potential 2020 presidential aspirants - cory booker, warren

95
Q

Why do party labels not mean shit?

A

Moderate Republicans like Senator Susan Colins of Maine, often vote with democrats

96
Q

Why is bipartisanship decreasing

A

“The two-party system is yielding a lot of leaders who don’t see the incentive to compromise, don’t see the incentive to negotiate and actually solve the nation’s problems,” he said. “On the contrary, they like to leave the challenges unsolved. That way they can exploit them come campaign season.”

97
Q

The Office of Legislative Affairs

A

serves as primary liaison to Members of Congress and their congressional staff. The office responds to inquiries from Congress; notifies Congress about Department initiatives, policies, and programs; and keeps the Department’s senior leaders informed about the activities of Congress and departments

98
Q

Example of bipartisanship

A

House Republicans join with Democrats to override Trump’s veto of defence bill

99
Q

How administration affects voting

A

Any persuasion needs to be regular, reciprocal and bipartisan. It is important that members of Congress are approached not only just before an important vote comes up. It is important, too, that those from the departments and the White House are willing to do favours
in return, offering a two-way street of mutual cooperation.

100
Q

How do pressure groups affect voting?

A

hey make direct contact with members as well as with their staff. They attempt to
generate public support for their position. They make visits and phone calls, provide evidence to committees, organise rallies, demonstrations and petition drives, and engage in fundraising and campaigning. - do up Turkish lobbying groups and Ilhan Omar on armenian genocide