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US Politics Summer Exam > Congress > Flashcards

Congress Flashcards

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1
Q

Concurrent powers of Congress (Shared by both senate and house)

A

Constitutional amendments - two thirds of both houses must agree to amendment

Confirming a new VP, if the office becomes vacant through resignation or becoming president they must vote in a new one.

Passing legislation. All legislation must pass both houses.

Declaring war

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2
Q

Exclusive powers of the House

A
  • Elect a president if the electoral college is deadlocked.

- Initiate money bills, only they can initiate but both vote on it.

- Bring articles of impeachment - Clinton 1998, trump 2020, 2021.

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3
Q

Exclusive powers of the senate

A

- Confirm presidential appointments; judicial nominees, cabinet appointments, ambassadors etc. -

ratify treaties (2/3 of senate) -

Try cases of impeachment, 2/3 of senate to remove a president. -

Elect VP if the electoral college is deadlocked.

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4
Q

Checks that Congress have on the President (6)

A
  • Block or amend their proposed legislation

Override President’s veto -

Power of the purse -

Confirm judge nominees -

Declare war -

ratify treaties.

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5
Q

Example of congress having an effect on Obama’s legislation healthcare and immigration and gun reform

A

- Passed ACA 2010

(BUT - Conservative democrats forced Obama’s hand into passing an EO against using federal money for abortions so they would vote for it.) -

Blocked his immigration reform (Dream Act) and gun reform (Assault Weapons Ban of 2013)

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6
Q

Congress and Trump over wall, economy and healthcare

A
  • Blocked his demand for money for the wall in budget; tried to block his national emergency by passing a resolution but he vetoed it, they couldn’t get 2/3 to override that.

However, he would have been a lot more successful if he had had congress’ support. -

passed tax cuts and jobs act - blocked American Healthcare act

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7
Q

When was power of the purse used?

A

To stop Vietnam - foreign assistance act 1974 and to try to stop the wall.

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8
Q

Congress blocking appointments x4

A
  • Mitch McConnell wouldn’t hear Merrick Garland’s hearing.

They blocked John Towers’s appointment for claims of alcohol abuse (secretary of defence) -

democrats blocked Robert Bork for SC because of his very Conservative views (partisan)

Blocked Harriet Myers for SC as she was unqualified

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9
Q

Someone who Congress probably shouldnt have Approved

A

Amy Coney Barret appointed in 2020, just a month before the election -

heard and appointed, even though they didnt appoint Garland because it was too close to the election.

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10
Q

Appointment that highlights a loophole and failure of Congress’ oversight

A

appointment of Trump loyalist Whitaker as “ACTING” attorney general.

Normally, the senate must confirm appointments but under the Federal Vacancies act Trump said he didn’t need to as it was temporary.

It was the day after the midterms where the Dems took control of the house and would have likely scrutinised Trump strongly on Mueller report - Whitaker provided more protection. Sets precedent for other presidents, obstruction of justice - weak congress.

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11
Q

Failure of Congress’ power to declare war

A

Congress last declared war in 1942, but since the US has been in wars and lots of military activity. this is due to the president’s power as commander in chief.

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12
Q

Treaties that Congress have passed (Approve by a 2/3 vote) But president can withdraw with no vote

+ 1 they have not ratified

A

Disability Rights treaty 2012

Strategic Arms Reduction treaty with Russia 2010. (START)

1996 - Comprehensive Test Ban Treaty, signed but not ratified

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13
Q

Oversight powers of congress (6)

A
  • Impeachment

Power of the Purse -

Declaring war -

Ratifying treaties -

Ratifying appointments -

committees

(Could do legislation as well)

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14
Q

Russia Investigation

A

Trump was being investigated for possible collusion with Russia in the 2016 election. James Comey (former FBI Director) who Trump fired and Robert Mueller were questioned by Democrats to try and find Trump guilty. Trump tried very hard to obstruct any efforts, offering pardons, trying to convince people at private dinners, using executive privilege and releasing a redacted version of the Mueller report to the public.

In the end, although Mueller said there was almost definitely Russian interference, he couldn’t prove that the Trump campaign were involved. It’s effective oversight because it needed to be brought to light but it was mainly partisan motivated. Not congressional oversight though

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15
Q

Things that affect effective Congressional oversight of the president (5)

A
  • whether the house, senate and president belong to the same party

When the next election is (congress may be more focused on pleasing constituents)

Which branch has the most recent mandate

The poll and popularity ratings of the president.

national circumstances.

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16
Q

The power of investigation pro and con

A

+ Congress can investigate executive and highlight issues

  • they only end in recommendations, no criminal proceedings
  • often very partisan motivated*
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17
Q

Appointment pro and con (senate)

A

+ nominees well vetted and usually dont need to reject but they can. Check on other branches.

  • Reactive power, can only act once the president has nominated someone. can not continually reject otherwise they look partisan
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18
Q

Ratifying treaties pro and con

A

+ Has ratified a few treaties eg START 2010 and rejected some 1996 - Comprehensive Test Ban Treaty,

  • President can move round this with executive agreements
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19
Q

Impeachment pro and con

A

+ Effective threat and has been used more recently -

  • President always found not guilty even when they should be, often very partisan.
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20
Q

Declaring war pro and con

A

+ Congress Have used this power 11 times, although not since WW2. - 1942

  • Congress have little choice in authorising action and President just mobilises troops

Especially after something like 9/11 when there is such public support. 2017 - Trump launched 59 missiles into syrian airbase

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21
Q

Difference between a treaty and an executive agreement?

A

Congress have to ratify treaty.

Both can be ended by the president without a vote so why would they ever use a treaty?

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22
Q

Michael Cohen Testimony/investigation - committee oversight

A

broke campaign finance rules because he Didn’t declare money paid to stormy Daniels, despite it being beneficial to trump’s campaign.

Had already lied under oath and he flipped sides to help the fbi.

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23
Q

Clinton Testiomy - committee oversight (under obama)

A

Clinton was the secretary of state while the ambassador to Libya was Killed in Benghazi.

Republicans controlled the house select committee and wanted to question her negligence Well known that she is going to run for president so reps want to wreck her campaign.

  • visual aid of emails

The committee had no time limit, no rules, no budget - purely partisan

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24
Q

Impeachment argument its effective and ineffective with evidence

A

+ Threat of impeachment forced Nixon to resign

Clinton and trump needed to be investigated

Partisan motivations, Trump should have been impeached both times but wasnt.

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25
Q

Nunes memo

A
  • Nunes was trump loyalist -

Chair of the house intelligence committee.

  • claimed the FBI were partisan as they were working off info brought by a democrat funded guy. (they are bipartisan)

Nunes went to the white house to see a document and didnt show the committee. - he made a subcommittee entirely full of republicans - criticised and forced to recuse himself.

not separation of powers

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26
Q

Trump First Impeachment Inquiry 2019.

A

Trump investigated for leveraging military aid in return for Ukrainian gov to investigate Joe and Hunter Biden.

He called the Ukrainian president and said he would withhold military aid if he didn’t investigate them.

Clearly trying to undermine political opponent Joe Biden

He was impeached in the house and then acquitted in the senate.

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27
Q

Trump Second Impeachment Inquiry 2021.

A

Trump was impeached in the house with 10 Republican representatives voting to impeach him on charges of “Incitement of insurrection” at the storming of the capitol.

Trump was acquitted in the senate but he was the first president to ever be impeached twice.

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28
Q

Examples of Congress controlling foreign policy

A
  • 2/3 of Congress needed to ratify a treaty - eg rejected 1996 Comprehensive Test Ban Treaty

Overrode Obama’s veto of JASTA - with bipartisan support

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29
Q

Examples of President controlling Foreign policy - international agreements

A

80% of international agreements are executive agreements. - eg paris accord 2015

- Iran Nuclear Deal - non binding political agreement -

repealed by Trump, congress have no power

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30
Q

Examples of Congress controlling Foreign policy - military action

A

Congress can declare war

Power of the purse - Vietnam -

War powers resolution 1973 - must consult congress, must give congress 60 days notice before deploying troops, must withdraw them after 30 days if no congressional consent is given.

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31
Q

Examples of President controlling Foreign policy -Military action

A

Obama bombing in Libya 2011 - got around war powers resolution by saying there were no hostilities there

Syria 2013 - consulted them on every individual strike so never needed approval

Trump did not consult Congress before ordering a drone strike to kill an Iranian general in 2020.

Trump sending 58 missiles to Syrian bases without congressional authorisation

32
Q

Examples of Congress controlling Foreign policy - oversight-

A

Benghazi select committee -

following 2004 midterms there were over 100 enquiries and hearings concerning Iraq and later Afghanistan - showing effective oversight.

33
Q

Examples of President controlling Foreign policy - oversight -

A
  • Benghazi was partisan motivated to ruin Clinton - no rules, no timeframe, no budget.
  • despite there being a house armed services committee set up after, Bush invaded Iraq in 2001 - there was only 1 hearing until 2004.
34
Q

US v. Pink (1942)

A

held that EAs have the same weight as treaties

35
Q

The Case-Zablocki act of 1972

A

meant that the President must inform congress within 60 days of reaching an executive agreement,

although compliance has been low

36
Q

Reid v Covert (1957)

A

held that EAs cannot contradict federal law.

37
Q

How extensive is the President’s veto power?

Give an example of its use and another example of when it was overruled

A

The President can veto a bill, such as Obama vetoing legislation that brought down the ACA 12 times during his presidency or the Keystone XL pipeline

This veto can be overridden, such as JASTA (allowed families of 9/11 to sue foreign governments), which was overridden by a very large majority of both chambers.

38
Q

What happens if the President refuses to sign a bill?

A

If the president refuses to sign a bill it automatically becomes law after 10 congressional days.

However, if Congress adjourns within 10 congressional days of the bill’s passing, the bill is killed - this is called a pocket veto.

It was used by Bush to veto the National Defence Authorisation Act of 2007, that reduced funding for the Iraq war.

39
Q

What is the line-item veto?

A

This was a tool that Congress passed in 1996 that allowed the President to veto individual lines or items without vetoing the whole bill, in attempt to tackle logrolling

The Supreme Court struck this down in Clinton v City of New York (1998) as unconstitutional.

40
Q

Clinton v City of New York (1998)

A

SC struck down Line-item veto

41
Q

What act changed how national emergencies worked? How has this act changed over time?

A

The National Emergencies Act of 1976 allowed for Congress to cancel a national emergency in an expedited manner (no filibuster).

It did not affect the President’s ability to declare one.

In INS V. Chadha (1983), the Supreme Court held that the use of a concurrent resolution (does not need President’s signature) was unconstitutional as it violated the Presentation clause, and so the act was amended to use a joint resolution.

42
Q

Unified Government

A

when executive branch party is the same as the party holding congress.

43
Q

Act regarding executive agreements and details of.

A

Case-Zablocki Act of 1972 requires the president to inform the Senate within 60 days of an executive agreement being made.

This means Congress can vote on whether to cancel it or refuse to fund it.

There have been far more ExAs (9000+) than treaties (1300) Many ExAs have secret provisions calling for military assistance.

44
Q

Interesting point about the deficit reduction act 1993

A
  • Clinton only passed this because it was a complete 50/50 in congress so Al Gore his VP was the deciding vote.

Might show that the President has more power than congress, but this is rare circumstance.

45
Q

How many black members of congress are there?

  • House*
  • Senate*
  • Total Black Senators throughout history*

What Percentage of the US is black?

A

58 Representatives in 2020. 13%

3 Senators in 2020. 3%

11 black senators throughout history. 0.6%

Whole of US - 13.4%

46
Q

Percentage of women in Congress compared to US percentage?

A

26.8% of Congress are women

Compared to 51% of US

47
Q

Key details about the House (5)

A

435 Voting members

Whole house reelected every 2 years.

Must be 25+ years old, Citizen of the US for 7+ years.

Represent districts of 500,000 to 1 million people.

Number of reps a state has depends on population.

48
Q

Senate key details (4)

A

100 members

Every state has 2 senators

6 year term (1/3 of senate up for election every 2 years)

must be 30 years old, citizen for 9 years.

49
Q

Incumbency effect and rates in Congress

A

Congress must pay attention to their constituents or risk not being reelected.

Evidence suggests that constituents are more loyal to those who have been elected before.

Incumbency rates in Congress have always been at at least 80% since 2000

50
Q

What are the reasons for incumbency being significant (5)

A

name recognition - also bringing interest groups campiagn money

legislative record

Congressional franking privileges (sending mail with no cost)

gerrymandering

House or senate dedicated website

51
Q

Elections that happen every 2 years when no presidential election takes place

A

Mid term elections

Seen as a referendum on how the president is doing

much lower turnout than ones in presidential year

To become a congressional politician you must win primary to become candidate for that seat within party and then FPTP on election day

52
Q

Factors that affect voting in congress

A

Constituency - public opinion on reelection, state/district ideology

Partisanship

Pressure groups and lobbyists - money

congressional caucuses

53
Q

Word that describes 2 Chamber congress

A

Bicameral

54
Q

Full Legislative Process (House)

A

Introduction - consecutively (1 at a time) or Concurrently (both at the same time)

Committee - hearings & mark up. Can be killed at this stage.

timetabling - House Rules Committee which is 2to1 by majority party

second reading and vote - simple majority required

Third reading and vote - simple majority (SMV)

Conference committee - house and senate reconcile the bills

House approval

Presidential action

55
Q

Full legislative process (senate)

A

Introduction

Committee - could be killed

Timetabling - by majority eader - dominated by majority party

Second reading and vote - (SMV) filibuster can be used

Third reading and vote - (SMV) filibuster can be used

Conference committee - house and senate reconcile

Senate approval

Presidential action

56
Q

Strengths of the Legislative process

A

High level of scrutiny

Protects states rights

Prevents tyranny of the majority

Needs unanimous consent in the senate so bipartisan

57
Q

Weaknesses of the legislative process

A

Incredibly slow

gridlock - lack of bipartisan support

Politicians often focus on reelection over legislation

logrolling

58
Q

Oversight of the Supreme court

A

Ratifiying judicial nominees

Creation of lower courts

Justices can be impeached if they do not fit “good behaviour”

Congress determines number of justices on SC

Can initiate a constitutional amendment to overturn a SC ruling

59
Q

Effectiveness of the House

A

Shorter election cycle means members are more responsive to constituents

Represents smaller numbers of people

Party disciple is stronger in the house than in the senate

More populous states can be fairly represented.

60
Q

Effectiveness of the senate

A

Senators represent the view of the whole state not minor districts

Unanimous consent allows individual senators to be powerful in representing their state

Unanimous consent also makes party discipline weaker so they can represent their state better

Six year terms means they can get on with the business of the government

61
Q

3 main functions of congress and essay plan structure

A
  • Representation
  • Legislation
  • Oversight
62
Q

Changing role of congress

A

Declaration of war - wars are no longer fought in the same way. Therefore, authroisations of military force are far more common.

Passing the Budget - Increased bipartisanship in congress, arguments over the budget are so common now.

Passing legislation - Lac of bipartsanship has led to record low production of legislation. Presidents using EAs more

63
Q

Congress’ power in accordance with the president

A

Congress is reactive, so the president is proactive. This doesnt necessarily mean they are less powerful.

Public view of Congress and president is important. if president’s approval ratings are low Congress is likely to challenge more.

64
Q

relative importance of parties: Parties are important because

A

increased partisanship - legislative droughts and government shutdowns

Differing parties controlling congress and presidency

Control appointment roles especially in the house

65
Q

elative importance of parties: Parties are not important because

A

Parties are ‘broad churches’ - liberals and conservatives exist within both parties

Party discipline is weak due to state loyalties

Unanimous consent gives individual senators greater individual power

66
Q

Enumerated powers of Congress

A

Power of the purse

Borrows money on behalf of the US

Commerce clause (regulate commerce),

Legislative power

Declares war

Ratifies treaties

Appointments.

67
Q

Congress’ Implied powers

A

Necessary and Proper clause - power to make laws that enable them to use their enumerated powers.

Subpoena power - because they make laws they must know everything about the country.

Commerce Clause - right to regulate trade.

68
Q

Commerce Clause

A

Allows the federal Government to regulate interstate trade.

Very Wide interpretation.

Eg Justice Roberts believed healthcare could be viewed under the commerce clause when he decided to uphold it in NFIB v Sebelius.

or Gonzales v Raich where the court ruled in favour of the the state (where weed was legal) over Congress’ right to broadly make it illegal via commerce clause/

69
Q

recent example of a signed but not ratified treaty

A

Arms trade treaty 2014

70
Q

Example of lengthy filibuster

A

Strom Thurmond - tried to block the Civil Rights Act 1957 - 34 hours and 18 minutes

Still passed after

71
Q

2 types of representation

A

Descriptive representation - race, gender, religion etc

Functional/substantive representation - political, economical etc

72
Q

Examples of failed legislation

A

American Health Care Act 2017

Border Security Economic Opportunity and Immigration Modernisation Act of 2013

United states federal government shutdowns of 2018- Dems would not support Reps appropriations bill (Keeps congress in motion) if they didnt pass DACA

The Dream Act

73
Q

Percentage of Introduced Bills that actually got enacted in the 2015-2016 congress

A

2.7%

74
Q

Unanimous consent

A

Agreement in the senate between majority and minority leaders on the order in which bills will be debated on the senate floor

75
Q

Stats about 115th congress in terms of religion and university degree

A

Religion- 91% of Congress are Christian v 70% in the US

university degree - 97% of Congress compared to 32% of the US

76
Q

Congressional caucuses

A

group of consisting members of Congress who share common interests or policy goals

Eg Black Caucus or tea party caucus

US Politics Summer Exam (6 decks)

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