Congress Flashcards
What is the structure of Congress?
- Bicameral
- Congressional elections are held every 2 years
- Senators serve 6 year terms, representatives serve 2 year terms.
- 1/3 of Senate seats and all House of Representatives seats are contested each election.
What 3 key functions of congress?
- Legislation
- Oversight
- Power of the purse.
How effective are the legislative powers of Congress?
- Yes, Congress can initiate and pass legislation.
E.g. the Tax Cuts and Jobs Act 2017 reduced income taxes on individuals and businesses.
No, both chambers can block legislation as approval from both is needed to become law.
E.g. Congressional gridlock during Obamas administration occurred since the Senate was controlled by Republicans, which stopped any meaningful gun legislation from passing. Only 2-3% of bills become law in divided governments.
- Yes, presidential vetoes can be overridden.
E.g. Obama vetoed the Justice Against Sponsors of Terrorism Act, but Congress overrode this veto.
No, congressional vetoes rarely occur as a 2/3 supermajority is needed from both houses, which is unlikely as the party of the President are unlikely to override his veto.
E.g. only 1 of 12 of Obama’s vetoes were overridden.
- No, senators can filibuster a bill, allowing them to kill of legislation, even if it is popular.
E.g. 91% of Americans supported President Obama’s proposal that criminal background checks should be required for all sales of guns and it won a Senate majority but it did not pass as it was filibustered by Republicans.
Is Congress’ power of oversight effective?
- Yes, oversight is effective when there is a divided government as there is more scrutiny.
E.g. between 1993 and 1994 there was a divided government, 135 Congressional hearings were heard.
No, oversight is ineffective when one party holds the presidency and both houses as legislation can be forced through.
E.g. in 2003-2004 when republicans held all 3 offices there were just 35 Congressional hearings.
- Yes, they can impeach the president
E.g. Nixon in 1974, he later resigned before conviction
(keeps government officials acting effectively)
No, as the process of impeaching a President is too difficult if the same party control the Senate and the presidency.
E.g. in 2021 Trump was impeached and the senate voted 57-43 in favour but Trump was acquitted as a supermajority is required. No President has ever been successfully impeached.
- Yes, Congress’ approval is needed to ratify treaties negotiated by the president.
E.g. the Senate rejected the Treaty of Versailles in 1919
No, the president can bypass the need for a treaty.
E.g. the nuclear deal with Iran in 2015 was an executive treaty which was made without Congressional approval by Obama.
What are Congress’ power of the purse, effectiveness?
- Yes, Congress can extract key concessions from the president in return for passing the budget.
E.g. ? - No, as a government shutdown can occur if a compromise cannot be reached and Congress refuse to pass a budget.
E.g. there was a government shutdown in 2018 lasting 35 days during Trump’s administration, due to disagreements over Trump’s budget. Leads to non-essential services being temporarily ceased. - Yes, as funding is required in times of war E.g. Foreign Assistance Act 1974 ended the Vietnam War by suspending all federal funding for the war
What are the benefits of being in the Senate?
- Longer terms of office means senators can become more experienced.
- Senators can take a more long-term view of issues than members of the House as they do not need to face the public in elections as frequently.
- The House gives a more accurate representation of the politics of the US at a given time, whereas the Senate acts as protection against volatile swings in public opinion.
What is the party allegiance in Congress.
- All members of the House are either Republican or Democrat.
- All but 2 senators are either Republican or Democrat.
- Those 2 senators are independent but they work closely with the Democrats (Bernie Sanders even ran against Hilary Clinton in 2016 Democratic primaries).
What are congressional caucuses?
- People with common ideological interests caucus together.
E.g. the House Freedom Caucus represents conservative Republicans with a commitment to limited government. - Some congressional caucuses include members of both parties.
E.g. the Bipartisan Heroin Task Force. - Some congressional caucus include members from both houses.
E.g. the Congressional Black Caucus - Smaller caucuses can act as an alternative influence to the party leadership.
E.g. the House Freedom Caucus opposed Trump’s budget at the start of 2018, the Republicans had to rely on the Democrats to pass the bill.
How does party discipline affect Congress?
- Party leader lack the tools to discipline their membership is required.
E.g. despite controlling both houses, Trump and House Speaker Paul Ryan struggled to persuade members of their own party to vote for the President’s budget, resulting in two government shutdowns in 2018. - Congress has become more disciplined and is therefore more likely to vote along party lines
E.g. not a single Republican voted for Obama’s Affordable Care Act 2010, not a single Democrat voted for Trump’s Tax Cuts and Jobs Act 2017
What is the role of partisanship?
- Partisanship was less significant is past decades
E.g. in the 1980’s many members were centrists, with considerable overlap between Republicans and Democrats. - Partisan voting has become more prominent
E.g. party unity votes have increased significantly in 21st century, not a single Republican voted for Obama’s Affordable Care Act 2010, not a single Democrat voted for Trump’s Tax Cuts and Jobs Act 2017 - Bipartisanship has become more difficult.
E.g. parties have moved away from each other, few representatives now remain in the centre of the political spectrum
Are the functions of standing committees?
- Standing committees hold hearings on presidential appointments, can choose to not have a hearing on an appointment
E.g. Merrick Garland was nominated by President Obama for the Supreme Court but the Republican controlled Senate Judiciary Committee so refused to hold hearings on his appointment. - Standing committees scrutinise bills
E.g. they hold hearings, listen to and question witnesses, and vote on whether the bill should proceed to the House or Senate - Investigations and oversight are focused on the committee’s policy area
E.g. the House Foreign Affairs Committee focuses on foreign affairs
What are the functions of select committees?
They usually investigate a specific question to prevent standing committees from becoming overloaded
E.g. Hillary Clinton’s testimony to the House Select Committee on Benghazi 2014-2016
What are the functions of the House Rules Committee?
They set ‘rules’ for bills
E.g. they determine how much time they will be given on the floor of the House and whether amendments will be allowed
What are the representative roles of senators and representatives?
- Communicating with their constituents.
E.g. Town hall meetings, visits and social media, ensuring they understand their constituent’s views and can represent them in Congress. - Sitting on standing committees.
E.g. Pat Roberts, the chair of the Senate Agricultural Committee, is the senator for Kansas, an agricultural state. - Debating, amending and voting on legislation
E.g. representatives may vote according to their constituents views (delegate model) or for their best interests (trustee model)
What are the differences between the HoR and the Senate?
- The House has the sole power of impeachment, it decides whether to charge an official for an offence.
E.g. in 2021 the House impeached Trump for inciting an insurrection.
The Senate has the sole power to convict those who are impeached.
E.g. Although the House impeached Trump in 2021, it did he was not convicted by the Senate, as there were only 57 in favour.
- The House have the power to initiate money bills
E.g. the 2019 annual budget
The Senate must agree for money bill to pass.
E.g. they disagreed with the annual budget for 2019, causing a government shutdown
- Members of the House are under greater pressure to keep their constituents happy.
E.g. they are up for reelection every 2 years.
Senators can focus more on their work, rather than running for re-election.
E.g. they are up for reelection every 6 years.
