Congress Flashcards

Question

state the results of federal elections

Answer 1

Commerce Clause- The clause of the US Constitution that allows Congress regulatory power over trade between states. It has been used to grant Congress broad powers over state governments

Answer 2

Article I gives Congress a clear set of enumerated powers to be exercised concurrently by both houses. It also gives each house exclusive powers which can be exercised by that house alone. When comparing the two houses of Congress it is often assumed the Senate is more powerful, being subject to fewer elections, often representing more people and having ratification powers. The House of Representatives may have fewer exclusive powers but it is potentially of far greater significance, holding the power of the of the purse and being able to bring impeachment charges which could remove the president from office. Ultimately, it is also crucial to recognise that the most important powers of Congress are exercised concurrently.

Answer 3

In addition to these enumerated powers, Congress has assumed a number of implied powers. Many of these come from the necessary and proper clause of Article I, informally known as the ‘elastic clause’, and the commerce clause. The elastic clause allows Congress to make any laws which allow it to carry out its enumerated powers, while the commerce clause allows Congress to regulate foreign and interstate trade. Congress defended its power to set up a national bank in 1791 by using these implied powers. It is argued that such a power was implied through Congress’ power to levy and collect taxes. Founding Father Alexander Hamilton, in discussing the constitutionality of the Bank of the United States, with reference to the Constitution and Congress, commented that ‘it is not denied that there are implied as well as express powers’. Effectively, that these were powers that allowed national government to exercise its enumerated powers.

Answer 4

- power of the purse - to bring charges of impeachment - to choose the president if electoral college deadlocked

Answer 5

- to create legislation - to override the presidents veto - to propose constitutional amendments - to declare war - to confirm a new vice president - investigation

Answer 6

- to ratify treaties - to confirm appointments - to try cases of impeachment - to choose the vice president if electoral college deadlocked

Answer 7

1- Create legislation The most important power of Congress is the ability to create, amend, delay and pass legislation. This is not an unlimited power- Congress only has this power over the areas of government laid out in the Constitution, with the states holding the power to legislate over other areas. President Trump had to ask Congress, as the only branch that can create law, to pass legislation that would repeal and replace Obamacare. A bill was put forward by Republicans in Congress to achieve this. However, with all the Senate Democrats and nine Republicans voting against the bill, it failed to pass, much to the president’s frustration. Even a vote on a partial repeal of Obamacare failed, with seven Republicans voting against it.

Answer 8

Create legislation - The original plan for Obamacare put forward by President Obama was heavily amended by Congress before passing into law. The president eventually had to issue an executive order, number 13535, to ensure that abortion would not be funded with federal money to overcome congressional disagreements on abortion which were holding up the bill’s passage.

Answer 9

2- Override the president’s veto Once a bill has passed through Congress, it requires the president’s assent for it to become law. If a president vetoes a bill, Congress has the power to overturn this with a two thirds vote in both houses. Both the veto and the veto override tend to be more commonly used when Congress is controlled by a different party to the presidency. All but one of George W. Bush’s 12 vetoes came after he lost control of both houses of Congress, and there were override attempts on ten of these, four successfully. Equally, ten of Obama’s 12 vetoes came once he had lost control of at least one house of Congress and just one of these was successfully overridden. However, the threat of the veto override can be a power in itself, in his first six years in office, Obama threatened 148 vetoes, yet used the power only twice. In 2016, the congressional veto override of the 9/11 Victims Bill showed bipartisan cooperation between Republicans and Democrats. 97 senators voted to override the veto, with only Harry Reid, the Democratic minority leader, voting against. The House of Representatives voted 348-77 to override.

Answer 10

3- Propose constitutional amendments With a two thirds vote in both houses, Congress can propose constitutional amendments. The last constitutional amendment to be added was in 1992, but almost as soon as the 115th Congress began in 2017, Representative Bob Goodlatte (R-VA) introduced yet another proposal for a balanced budget amendment.

Answer 11

Declare War With the agreement of both houses, Congress has the power to formally declare war on another nation. This was last used to declare war on Romania (or Rumania as it was in the declaration) in 1942, as part of the Second World War. In 1941, after the attack on Pearl Harbor, President Franklin D. Roosevelt addressed Congress, describing it as ‘a date which will live in infamy’. He finished his speech ‘I therefore ask that Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7th, a state of war has existed between the United State and the Japanese Empire’. More commonly today, given the technological development of weapons in the 20th century, Congress tries to use the powers it has over money and tax as a way to control a president’s desire for military action.

Answer 12

5-Confirm a new vice president If the office of the vice president becomes vacant during a presidential term, it must be filled. The 25th Amendment allows for a simple majority vote in both houses to confirm a new vice president. This power is most commonly used when the current vice president has to step up to the role of president, leaving the old post vacant. This may be necessary in a range of circumstances such as the assassination of John F. Kennedy in 1963, or in the event of a president resigning, such as Richard Nixon in 1974

Answer 13

Subpoena- The ability of Congress to order someone to attend a hearing to compel them to give evidence.

Answer 14

Investigation Through the implied power of the Constitution, Congress can launch investigations into areas on which it has created legislation or may need to create legislation, and into federal programs. Congress has the power to subpoena witnesses in these investigations, meaning that they must attend hearings. Notable recent investigations have included reviewing 9/11 and the role of the US intelligence community, and the response to Hurricane Katrina. In 2017, four different congressional committees investigated the alleged Russian interference in the 2016 presidential election, with the Republican chair, David Nunes, (R-CA), of the House Intelligence Committee concluding that his committee ‘did not determine that Trump or anyone associated with him assisted Russia’s active measures campaign’. While the reports from these investigations can highlight problems and make recommendations, as this is an implied power there is no requirement that the reports are acted on.

Answer 15

Power of the purse The House of Representatives alone can begin appropriations bills. This gives the House considerable individual power, and power over the presidency. Each year, the president submits the annual budget for US government to the House Budget Committee to begin the approval process. In the 2018 budget, President Trump requested that the budget for the Environmental Protection Agency (EPA) be cut by one third. Despite being of the same party as the president, House Republicans proposed cutting the EPA budget by just 6%. It is important to remember that the Senate can amend these bills and must approve them, which somewhat limits the extent of this power

Answer 16

2- Bring charges of impeachment The House of Representatives alone can bring charges of impeachment against the president, his officials, or justices of the federal courts. If the individual is found guilty, he or she is removed from office. This is not a criminal trial, if someone has broken the law, criminal or civil proceedings may follow, but impeachment simply removes the person from power. In 2008, Dennis Kucinich (D-OH) sponsored 35 different charges of impeachment against George W. Bush and a further three charges against Vice President Dick Cheney. Most of these were related to the Iraq War and the resulting ‘War on Terror’, questioning the case for the war and accusing Bush of misleading the US public. While this power has only been successfully used three times on the president in US history and none of them were found guilty. It is though a threat to any president who holds office, helping to restrain their actions.

Answer 17

3- Choose the president if the Electoral College is deadlocked In order to win an election, the president needs to gain a simple majority in the Electoral College. Today, with 535 votes in the Electoral College, a candidate needs 270 to win. If no one manages this, the House of Representatives will choose who is to become the president. In this eventuality, each state is given a single vote to exercise, regardless of its size. With the development of two party politics in the US, coupled with amendments refining the electoral process, this is a power that is unlikely to be used. It was used in 1800 and 1824 to elect President Thomas Jefferson and President John Quincy Adams. In the election of 1800, the Electoral College returned a tie between Thomas Jefferson and Aaron Burr. After no less than 36 votes in the House of Representatives, Jefferson eventually secured an outright majority of nine votes and was declared the president.

Answer 18

Ratify treaties As a check on the president’s power over foreign policy, the Senate scrutinises treaties that are made and can choose to approve or reject them by a two thirds vote. In 2012, the Senate voted to reject the UN Convention on the Rights of Persons with Disabilities, with a number of Republicans expressing concerns over the extra government regulation that it might entail. It is important to remember, like the ratification of appointments, that the Senate does not simply have to reject a treaty to be exercising this power. By scrutinising it and approving it, the Senate is also demonstrating power.

Answer 19

Confirm appointments The Senate can confirm nominees put forward by the president to the federal courts, cabinet and ambassadorial posts, among others. This usually entails hearings by a relevant committee on the qualifications and suitability of a candidate, before a vote of the whole Senate. President Trump had the opportunity early on in his first term to nominate three justices to the Supreme Court. The hearings of the Senate Judiciary Committee held for his second nominee, Brett Kavanaugh, were subject to unprecedented protests objecting to his nomination, while he was questioned about his stance on abortion and the Mueller investigation into Russian election interference. Because Kavanaugh stated views on abortion, senators recognized that his appointment to the Supreme Court could result in the 1973 case of Roe v Wade, which allows for abortion, being challenged. Nevertheless, Kavanaugh’s nomination was confirmed

Answer 20

3-Try cases of impeachment In a case of impeachment brought by the House of Representatives, a trial is held in the Senate and presided over by the chief justice of the Supreme Court. The House of Representatives acts as the prosecution, while the person against whom the charges have been brought can mount a defence, both calling witnesses and putting forward arguments. Ultimately, a simple majority of senators is required to find the person ‘guilty’ or ‘not guilty’. This is not a criminal trial, however, and the verdict simply allows an official to keep their position or to be removed from it. The Constitution is remarkably vague about the reasons that an official can be impeached. Gerald Ford, before he became president and while he was leading a charge of impeachment for financial misconduct against Justice Douglas in 1970, commented that an ‘impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history’.

Answer 21

Choose the vice president if the Electoral College is in deadlock While the House of Representatives can choose the president in the case of Electoral College deadlock, the Senate chooses the vice president. While this seems like a lesser power than that of the House, the vice president does act as the president of the Senate, so it is logical that the Senate would select him in these circumstances. This has only happened twice, in 1800 and 1824.

Answer 22

Congress fulfils three main functions for federal government- 1) Legislative 2) Representative 3) Providing oversight of the other branches of government.

Answer 23

Pigeon-holing- A bill which is put into a congressional committee but not given any hearings or further action, therefore effectively ‘dying’ in committee.

Answer 24

Filibuster- A prolonged speech given on the floor of the Senate aimed at preventing further action being taken on legislation.

Answer 25

Cloture motion- A procedure used to end a filibuster, requiring the agreement of 60 senators, except for in the case of presidential appointments which requires just 50 senators.

Answer 26

Partisanship- A political circumstance in which a high degree of party loyalty can be seen in congressional votes, with members of Congress almost entirely voting for their own party.

Answer 27

Pocket veto- A president has 10 days to action a bill once it is sent to him. If the congressional session ends during these 10 days, the bill ‘dies’, known as a pocket veto.

Answer 28

Pork barrel politics- The inclusion of spending additions to bills, which benefit a member of Congress’ district in order to win favour and attract popularity

Answer 29

Unanimous Consent- Procedures in the Senate may be set aside provided no one objects. If a single senator objects, however, the request is rejected

Answer 30

Functional Representation- The representation of social or economic groups through the membership of Congress

Answer 31

Majority-minority district- A congressional district within which a minority group makes up the majority population

Answer 32

Congressional caucus- A group of members of Congress who share common interests or policy goals

Answer 33

Oversight- The ability of a branch of government to supervise and check the action of another branch of government

Answer 34

Deference- The act of submitting or handing over power. Congress often acts with deference towards the president, allowing him to exercise considerable power in times of crisis.

Answer 35

The legislative process The process of a bill becoming a law in Congress is lengthy and time consuming. Bills can begin in either house of Congress, except for appropriations bills which must begin in the House of Representatives. They can pass through Congress sequentially (one house after the other) or concurrently (both houses at the same time with differences reconciled at the end). The length of the process, coupled with a short electoral cycle of just two years, helps to explain why so few bills get passed by each Congress. The table below shows the percentage changes little despite the election cycle and regardless as to whether the government is divided or united. What this does not show is the importance of the legislation that is passed. For example, the passage of Obamacare had a far-reaching impact that not all legislation has.

Answer 36

The introductory stage of a bill is a mere formality. In either house, it is received by the leading member of that house and then placed into committee. Choices made at this stage, however, can make it more or less likely that a bill will progress through the whole process. The speaker of the House can choose to time limit a bill or not, and how many committees that bill will go into. If the speaker chooses to send the bill to more than one committee then this must be done sequentially; the bill must finish in one committee before beginning in another. This all serves to lengthen the process and potentially make it less likely that a bill will pass. Alternatively, the speaker can break up the bill and send bits of the bill different committees. This is known as a ‘split referral’ and may serve to speed up the process. In the Senate, the bill will usually go to the committee which has authority over the relevant policy area. However, while the speaker can dominate the House of Representatives, in the Senate the principle of ‘unanimous consent’ gives power to each individual senator. Unanimous consent means that procedures in the Senate can be set aside if no senator objects. To place a bill into more than one committee in the Senate, unanimous consent is required, limiting the power of the Senate leadership.

Answer 37

Committee consideration With thousands of bills referred to committee in each Congress, very few actually make it out. Around 1 in 4 bills does not make it out of committee, but many do not then get a vote in either the Senate or the House of Representatives. The above table shows that in the previous six Congresses, the percentage of bills that have got a vote on the floor of at least one chamber has been 7% or less. This represents the amount of bills that made it out of committee in order to achieve these votes. Bills that do not make it out of committee are considered to be ‘pigeon-holed’, meaning they are received by the committee but little or no further action takes place on the bill. Once the current congressional session ends, these bills simply ‘die’. Bills that are acted on are subject to committee hearings and are then amended by the committee. The amendments made to a bill are known as ‘mark ups’. The final amendment bill must pass a vote of the whole committee. On passing a vote, it is ‘reported out’, meaning the amended bill is sent back to the relevant house, to allow for consideration by the whole house.

Answer 38

Scheduling In the House of Representatives, the timetabling is decided by the House Rules Committee. This committee is dominated by the majority party in a 2:1 ratio, and all majority party members are appointed by the speaker. This should allow for the majority party to control the passage of legislation. The House Rules Committee not only decides on when a bill is placed on to the calendar, but also under what rules it can be debated. If the debate is ‘open’, amendments can be made to the bill. In the Senate, a Motion to Proceed is voted on and if this receives a simple majority a bill is placed on the calendar. By mid-2017, the House Rules Committee as appointed by Speaker Paul Ryan had set a new record- it allocated a closed rule debate for the 49th time. This was not only a record for the number of uses of the rule in one session, it also meant no legislation had been considered under the open rule up to that point of the congressional session.

Answer 39

Floor action In the House of Representatives, debates are time limited, as set by the House Rules Committee, and dominated by the bill’s sponsor and its leading opponent. Once this time has elapsed, a vote is taken of all members who are present. The bill continues its passage only if it passes this vote. In the Senate, by comparison, there is the right of ‘unlimited debate’. This means that as long as someone still wishes to discuss a bill, the debate remains ongoing. This led to the creation of ‘filibusters’. A filibuster is a lengthy speech given by a senator with the aim of delaying or entirely preventing the passage of a bill. By continuing to talk about a bill, a vote on that bill is prevented.

Answer 40

A filibuster is a lengthy speech given by a senator with the aim of delaying or entirely preventing the passage of a bill. By continuing to talk about a bill, a vote on that bill is prevented. The longest filibuster in Senate history was given in 1957 by Strom Thurmond, who spoke for 24 hours and 18 minutes in opposition to the Civil Rights Act. More recently, in September 2013, Ted Cruz spoke for over 21 hours, including the Dr Seuss book ‘Green Eggs and Ham’. During that time he had to ‘remain on his feet and in the Senate Chamber to continue to control the floor’. While this was not a true filibuster, as he was not holding up a vote on legislation, his ‘fake filibuster’ nonetheless demonstrates the Senate’s power of ‘unlimited debate’.

Answer 41

Filibusters can be ended by a cloture motion- which must be signed by 16 senators with the aim of bringing the debate to a close. This motion is then presented to the Senate, and at least 60 senators vote to invoke it. If this happens, the filibuster is ended, allowing the bill to move forward to a vote. With only a simple majority vote is needed in the Senate for legislation to go forward, the existence of the filibuster means that anything important or controversial really needs the support of 60 senators to ensure it can succeed.

Answer 42

Resolving differences Before a bill can be sent to the president, both the House of Representatives and the Senate must pass an agreed version. The formal way out of resolving differences is to set up a conference committee- this is a committee set up to create one bill from the versions created by each chamber. The Senate and the House of Representatives are represented in equal numbers on such committees. The final version of the bill from the conference committee must go back to each house for approval before it can be sent for presidential action. The number of these committees has fallen sharply in recent years. This fall can be explained by the increase in use of two are more informal methods of reconciling bills- ‘ping pong’ and ‘take it or leave it’. In ‘ping pong’, as a bill passes through both houses, amendments will be liaised over the over by the leadership of each chamber so that the final versions of the bill (one from each house) are identical. ‘Take it or leave it’ is, by comparison, more blunt but also more infrequently used. One chamber will simply adjourn, meaning the other chamber is forced to accept the other’s version of the bill or drop it entirely. Only once a bill is reconciled and has been voted on by both houses can it go to the president

Answer 43

Filibuster reform The filibuster has long been controversial in the Senate. While it does allow for the protection of a singular state by just one senator holding up a bill, it also serves to prevent the majority from passing legislation. There have therefore been numerous reforms to this power. 1917- The first cloture rule was adopted, requiring two thirds vote to stop a filibuster, but only of those senators present. Before this period, there was no way to stop a filibuster. 1949- The cloture rule was amended to require a two- thirds vote of the whole Senate membership. 1959- The cloture rule reverted to requiring two thirds of those ‘present and voting’ rather than the whole membership. 1975-The number of senators needed to pass a cloture motion was reduced to three-fifths (60) of the whole membership. 2013- The use of the filibuster during ratification of nominees by the president was prevented except for on Supreme Court nominees. 2017-The use of filibusters was also prevented on Supreme Court nominees.

Answer 44

Presidential action The president has a number of options available once a bill is sent to him. * Sign the bill- By signing the bill, it becomes law and enforceable across the 50 states of America * Leave it on his desk- This has two possible outcomes. If he does not sign the bill and Congress is still in session, after 10 days the bill automatically becomes law. If, however, the congressional sessions ends before these 10 days elapse, the bill ‘dies’. This is known as a pocket veto * Veto the bill- The president can veto the bill and send it back to Congress with objections, so that Congress can choose to attempt to override the veto, amend the bill and send it back t the president, or allow it to ‘die’.

Answer 45

The Tax Cuts and Jobs Act 2017 One of Trump’s major achievements from his first year in office was the passage of the Tax Cuts and Jobs Act. This wide-ranging bill reduced taxes for businesses and individuals and removed the ‘individual mandate’ of Obamacare. The ‘individual mandate’ was the requirement for each individual to have at least a minimum coverage of healthcare insurance. The below table charts the progress of the bill.

Answer 46

At each stage of the legislative process, Congress has an opportunity to scrutinise, amend and improve bills. However, with so few bills passed, the effectiveness of this process can be challenged

Answer 47

Is the congressional legislative process effective? Yes -Strengths * The lengthy process should ensure scrutiny of legislation and ensure the quality, popularity and workability of laws that are passed. * The equality of both houses in the legislative process ensures that the needs of both the people and the states are heard, with compromise being integral to the process. * The requirement of supermajorities for the veto override and a cloture motion helps to prevent the tyranny of one party. * The challenging nature of the process ensures that only law which is necessary passes, and allows therefore for states to retain legislative power over the other areas. * The length of the process should prevent knee jerk legislation from passing.

Answer 48

No-weaknesses * The process is so challenging and the congressional session is so short that the chance of passing legislation is limited. * Power is placed in the hands of a few, especially the speaker of the House, Senate majority leader and committee chairs. * The need for supermajorities and the ability of one senator to hold up a bill allow for the tyranny of the minority. * In times of united government, scrutiny is reduced through party dominance; in times of divided government, partisanship can cause gridlock and a total lack of legislation. * Even after considerable scrutiny and compromise by Congress, the president alone can prevent a bill becoming law and his veto is unlikely to be overturned. * Despite a promise to stop the addition of amendments to bills that funnel money to individual states, ‘pork barrel politics’ has not been eliminated.

Answer 49

Role of the two houses in the legislative process The legislative power of Congress is shared equally between the two houses of Congress. However, they do not share exactly the same processes or procedures in passing legislation. * In the House of Representatives, amendments offered to a bill must be relevant to the topic of the bill. This is known as the ‘germaneness rule’. However, in the Senate amendments can be offered on any topics. The 2014 spending bill of $1trillion included an amendment to keep the sage-grouse off the endangered species list. * The process in the House of Representatives is more controlled by the majority party than in the Senate. The speaker of the House can choose a bill is referred to and choose the majority members of the House Rules Committee, who set the debate rules. The principle of unanimous consent in the Senate makes party control more difficult and allows for individual influence through procedures such as filibuster. * Time limits placed on the process are adhered to in the House, whereas the Senate uses the principle of ‘unlimited debate’.

Answer 50

Policy significance of Congress While Congress can pass legislation, it does not enforce it. According to Montesquieu’s principles, the executive branch should enforce legislation. In the USA, however, as well as needing the support of the president, Congress must rely on the states to enforce the legislation that it has passed. With the growth of the USA, and the wider use of the necessary and proper clause and the commerce clause, Congress has been able to have extensive legislative impact. This has not been without difficulty, however.

Answer 51

Congress as significant in policy making * Congress can pass laws on a wide range of policy issues. With the passage of landmark legislation such as the No Child Left Behind Act and Obamacare, Congress is deepening its role in policy that has often been reserved to the states. * In times of unified government, significant legislative achievements can be made. The passage of the President Trump supported Tax Cuts and Jobs Act, even when the Republican Party was not united entirely behind Trump, demonstrates this power. * The supremacy clause of the Constitution ensures congressional law is superior to state law. States are therefore bound to follow legislation that they do not approve of.

Answer 52

Congress as insignificant in policy making * Being dependent on the states to enforce laws, Congress has found its laws ignored. Marijuana remains federally illegal, yet an increasing number of states have passed legislation ‘legalising it’. * The difficulty of creating and passing legislation means that Congress does not pass huge amounts of legislation. Congress failed to pass any meaningful immigration reform despite bipartisan efforts in the Senate and support from President Obama. * Laws passed by Congress can be overturned by both the president (through the veto) and the Supreme Court (through judicial review).

Answer 53

Representation Representation in Congress can take many different forms. With both houses now being elected, they should represent their constituents in Congress. Members of Congress are almost all members of a party and usually run in an election as a ‘Democrat’ or a ‘Republican’. There is therefore an expectation that they will act in accordance with the basic ideology of their party. Members also have a functional representative responsibility, ensuring that socioeconomic groups are represented regardless of state or district lines. These different levels of representation can also be conflicting for members of Congress. Looking at the groups that a member of Congress might represent can help to explain their voting pattern in Congress.

Answer 54

Constituency representation Each member of Congress is elected to represent a number of constituents. Members of the House of Representatives are allocated congressional districts to represent- these are areas of a state divided into roughly equal sizes based on population. The senators represent the entire state. This means that while the members of each house represent a vastly different number of people, they are able to represent the interests of their state or district, protecting the cultural, economic or social interests of these areas. As part of the Brady amendment to the Tax Cuts and Jobs Act 2018, copyrighted songs were once again defined as capital assets, and therefore subjected to a lower tax rate. This was apparently a request made by House of Representatives member Diane Black, whose district covered parts of Nashville, famed for song writing and country music.

Answer 55

It is especially important for members of Congress to ensure that they are listening to their state or district, as the use of primaries in US elections means that the public decides who will represent their party of the ballot paper at each election, not the party itself. Eric Cantor lost the Republican primary in Virginia in 2014, which was particularly shocking given that the leadership role that Cantor held in the House of Representatives and that his competitor was a Tea Party member. Nonetheless, Cantor was seen as not conservative enough by some in his district, not vocal enough about his opposition to President Obama and as not having spent enough time in his district listening to his constituents.

Answer 56

For many constituents, what is happening locally is more important than national politics, and this is reflected in the local press. In Wisconsin, the newspaper the Sheboygan Press ran a story about the amount of time congressional representatives spent in the state, criticising Congressman Tom Petri for spending just one third of his time away from Congress in the state, including Christmas, Thanksgiving and Easter. Even Paul Ryan, then chair of the House Budget Committee, spent 218 days in Wisconsin. Therefore, members of Congress should not only represent their districts in the interests of representative democracy, but also because failing to do so can cost them their job.

Answer 57

Party Representation Most members of Congress are elected on a party basis. Even when they run in primaries, they are party based primaries. In choosing to join a party, a member of Congress is likely to pick the party which most closely aligns to their own political beliefs. If they are elected by their state or district, this is likely to be in some part due to their party allegiance and the political beliefs of their constituents. Some level of party loyalty can therefore be expected from a member of Congress both due to their personal beliefs and in order to represent the constituents who elected them.

Answer 58

In recent decades there has been a considerable growth in party-line voting and partisan politics, with members of a party increasingly less likely to break ranks and fewer members of either of the main parties falling into the ideological centre between them. This suggests a growing importance of the party as a factor when voting, and also coincides with a polarisation of the American public.

Answer 59

There is a lack of representation of third parties in Congress. All but two members of the 116th Congress were either Democrat or Republican. The exceptions are two ‘independents’ in the Senate, but both of these votes with the Democrats. The breadth of ideology within the Republicans and Democrats can make it difficult for a third party to carve out a distinct identity within the US political spectrum. While the dominance of the Democrats and Republicans in voting seems to have become more important, these parties do not necessarily have one cohesive ideology (see work with LDS on US Democracy and Participation). Each party is made up of differing factions, which do not necessarily share an entirely common ideological platform.

Answer 60

Functional Representation When Bill Clinton was president, he once said that he would have a cabinet that ‘looks like America’; the same could be expected of Congress as the directly elected representative body of government. Congress has certainly become more diverse over the past decades, reflecting a diverse US population. The importance of having such a variety of people in Congress is not just for the variety of opinions it brings, but also to ensure that there are people in Congress who share the experience of the people they represent.

Answer 61

While the numbers of women, African Americans and Hispanics in Congress have gone up, the proportion of each group is still less than the proportion they make up of the US population. Estimates from 2016 suggest Hispanics make up 17.3% of the US population, African Americans make up 12% and women approximately half the population. Of these groups, African Americans are the most appropriately represented in the 115th Congress, although they are better represented in the House of Representatives than in the Senate. Hispanics too have seen a notable increase in representation over recent Congresses. However, for women, there is still a gulf between their numbers in the national population and their representation in Congress, and, worryingly their numbers are only increasing incrementally.

Answer 62

A political belief that those elected should not only represent those within their constituency, but also those with whom they share descriptive characteristics. This might be age, gender, ethnicity, religion and so on.

Answer 63

A political belief that those elected should represent economic or social groups within the wider community. This might be through the influence of lobbyists or pressure groups which represent the views of underrepresented groups in the legislature.

Answer 64

In some cases, congressional districts have been drawn to create ‘majority-minority’ districts. These are districts in which the minority group forms the majority of the population, making it more likely that they will be able to elect someone from that group to represent them. In 2015, there were 122 majority-minority districts in the House of Representatives. The 2017 Supreme Court ruling in Cooper v Harris challenged the use of race alone in redistricting as racist, a ruling likely to have implications for the majority-minority districts in the coming years. North Carolina’s 12th district (see below), one of the most gerrymandered districts in the USA, is an interesting case in point. Drawn 25 years ago, creating a majority-minority district of African Americans, it was over a 2-hour drive from one end to the other. However, in 2016 and 2018, a federal court ruled that such districts were unlawful and the 12th district was redrawn.

Answer 65

Congressional caucuses In a congressional sense, caucuses are a group of individuals who share a common policy goal. As a group, they can represent the interests of those citizens who share this goal. * The Congressional Women’s Caucus works across party lines to achieve legislation that advocates the rights of women, suggesting that the policy issue is more important to these members sometimes than their party ideology. * The Congressional Steel Caucus fights for the health of the domestic steel industry. On President Trump’s introduction of a 25% tariff on foreign steel imports, the chair of the Steel Caucus, Representative Bost (R-IL), issued a statement saying ‘I am pleased that the president has heard my call, and the call of our steelworkers’.

Answer 66

As a member of a caucus, congressmen and congresswomen can fight for a group of people, industry or ideology. They do not necessarily always vote together, however, when the issue at hand affects their caucus, they can be very powerful. When the successor to Speaker John Boehner was being chosen, Representative Rangel (D-NY) quipped ‘the power of the Congressional Black Caucus is truly unspeakable. Whatever the Tea Party is doing with votes, the Congressional Black Caucus could make that look like a kindergarten class’.

Answer 67

A congressional caucus is a group consisting of members of Congress who share common interests or policy goals, such as the Women’s Caucus, the Steel Caucus or the Freethought Caucus. They do not always vote together but may do on policy issues that concern them. This can be contrasted with an electoral caucus is part of the ‘primaries and caucuses’ element of the election process (see work with LDS on US Democracy and Participation). It is a town hall style meeting at which those in attendance can vote on whom they would like to be on the ballot for a party in the general election.

Answer 68

Lobbyists The power of lobbyists in Washington DC to influence the votes in Congress and get their interests represented in any legislation is a widely discussed topic, but often with few direct examples. Lobbyists work behind the scenes in Washington DC, shoring up support for their clients’ interests in Congress. Their importance can be inferred from the sheer number of lobbyists and the vast amount of money they expend to try and gain influence. Pharmaceutical companies have donated over $2.5 billion to Congress in the last 10 years, with 90% of House of Representative members and 97% of Senators receiving pharmaceutical campaign contributions. In return, the pharmaceutical industry aims to achieve friendly legislation; failure to pass laws preventing the mass prescribing of opioids came amid big campaigns from pharmaceutical companies. Although the number of registered lobbyists in Washington DC had fallen to a little over 10,000 in 2018, their spending had increased to over $3 billion annually- money that is paid out by companies to ensure positive outcomes from Congress.

Answer 69

Congressional oversight of the presidential branch is largely exercised through the checks and balances they have (see work with JKR on the US Constitution). However, these checks and balances are not exercised with uniform success- sometimes Congress appears to be able to oversee the executive branch more effectively than at other times. So, what are the factors that can influence the relationship between Congress and the president? Party control Policy Area Presidential poll ratings partisanship electoral cycle national events

Answer 70

Party control- When government is united, the oversight exerted by Congress on the president can appear more relaxed. While the president cannot control the legislation that Congress produces, it has been the case that the president has used the veto less during times of unified government than when the government is divided. This could suggest that Congress is being more responsive to the president’s wishes. It could also be that when the same party controls both branches, the shared ideology means they are creating more agreeable legislation.

Answer 71

Policy area- Congress has more oversight of presidential actions domestically than in foreign affairs. Even when the Senate protested angrily that it should have had more of a say in the 2015 Iran Nuclear Deal, President Obama was able to enact it with little oversight. Comparatively, over immigration and gun control, President Obama was routinely thwarted by Congress, which passed little legislation in these areas during his presidency

Answer 72

Presidential poll ratings- Congress is able to exert more influence over the president when his polls are low. President Obama was able to pass Obamacare in 2010 with relatively few alterations. Yet, despite the Republicans’ reservations about Obamacare, they were unable to ‘repeal and replace’ it in 2018 under President Trump. One of the key differences was that Obama’s popularity in 2010 was around 50%, while Trump’s popularity in 2017 was closer to 40% and sometimes considerably lower. Indeed, Trump made history with record-breaking low poll ratings after both 100 days (39% approval) and after 1 year (45% approval). This lack of popularity has made it easier for Congress to defy President Trump.

Answer 73

Partisanship- The growth of partisanship in the USA has made compromises in Congress more difficult to achieve. This can strain its relationship with the president, with moderates in both parties becoming a rarity

Answer 74

Election cycle- The timing of the next election is crucial to this relationship. When Congress is gearing up for midterm elections, members are more likely to be interested in pleasing their constituency than the president. This is especially true if the president is unpopular, when it is useful for a member of Congress to be able to demonstrate some distance from, or sometimes even opposition to, the president.

Answer 75

National events- In the case of national emergencies, Congress often acts with deference. This is that in the short term it will look for direction from the president. Whether this is a request for a new law to be passed, such as the USA PATRIOT Act in response to 9/11, or funding following a natural disaster, such as Hurricane Katrina, the president often exercises more power in the event of an emergency. This is often a short-term change in the relationship, however.

Answer 76

The institutional effectiveness of Congress How successful Congress is at carrying out its three main functions (legislation, representation and oversight) depends on similar factors to those listed above. Every Congress has held the same constitutional powers, so the fact that differing Congresses have exercised these more or less successfully must be due to factors other than the powers it has been given, It also depends on the interpretation placed on its powers.

Answer 77

The effectiveness of impeachment and interpreting congressional powers The history of impeachment in the USA has often been referred to as ‘unsuccessful’. It has only been used three times- Andrew Johnson in 1868, Bill Clinton in 1997 and Donald Trump in 2019. This lack of use could be interpreted as impeachment being an ineffective power. In all of these cases, the presidents were found ‘not guilty’. Therefore, arguably all its uses have been ‘unsuccessful’. Finally, President Nixon was able to resign in 1974 following the Watergate scandal before being impeached. All of these explanations could be interpreted as impeachment being ineffective. However, a more challenging interpretation suggests exactly the same facts are in fact a marker of success. That impeachment has been used only twice suggests that the process by which someone becomes president is effective at preventing inappropriate candidates from being elected. While all the cases resulted in ‘not guilty’ verdicts, impeachment as a power worked exactly as it should have done- the House of Representatives brought charges, the Senate heard the case and a verdict was duly voted on. The fact that Nixon resigned suggests that impeachment is an effective power- either way, he was likely to be removed from office and that he chose to resign rather than face impeachment could demonstrate his belief that he would have been found ‘guilty’ in an impeachment trial.

Answer 78

YES - Legislation function: -Major legislation has been passed -The low pass rate suggests only necessary legislation gets through -The lengthy process ensures scrutiny of the bills -A staggered electoral cycle and resulting divided government ensure compromise in legislation - The requirement for supermajorities (e.g. cloture motions ensures broad consensus Representation: -The representation of minority groups and women has improved in recent decades -Caucuses allow underrepresented groups to act together, thereby increasing their influence -Parties are well represented in an increasingly partisan environment, and reflect a partisan American population -Both the people of a state and the wider state interests are represented by the two elected houses Oversight: -Congress has demonstrated a willingness to use the veto override, in some cases, to great effect -During times of divided government, the president is likely to face extensive scrutiny from Congress -Committees have overseen investigations into actions such as Benghazi, which have had far reaching impacts -Congress has demonstrated its independence from presidentially demanded legislation -Congress has been willing to challenge the president in the Supreme Court -Congress has been able to develop and evolve its own powers, attempting to use its financial power to control the president’s role of commander in chief -Impeachment has been used to its fullest extent.

Answer 79

NO - Legislation: -The process is so lengthy that thousands of bills fail to pass in each congressional session. -The process can be dominated by a few key individuals in either house, such as the speaker or the majority leader -In times of unified government, bills can be rushed through -In times of divided government, gridlock can prevent important legislation passing and result in government shutdown Representation: -The importance of money in electoral campaigns can allow lobbyists to influence members of Congress more than their constituents or state -Increasingly partisan voting patterns lead to a good representation of the majority at the expense of representation of, or compromise with, the minority -Representation of minority groups and women still remains far below their proportion of the national population Oversight: -Oversight can sometimes appear party political rather than in the interests of good policy, and this is increasingly true in the case of party-line votes on appointments. -The chances of the veto override being effective are outweighed by the chances of failure, given the requirement for a supermajority -The power to declare war seems largely to have been usurped by the president -Presidents have found ways around the constitutional powers of Congress, using executive orders to create pseudo-legislation and pseudo treaties -In times of crisis or unified government, Congress is more likely to act with deference to the president -Impeachment has proven difficult to enact to effectively remove someone from office.

Answer 80

Despite a lack of constitutional change, Congress has evolved in the last two centuries and the political landscape looks very different today. Most notably, the modern presidency looks quite different and has encroached on the powers of Congress, despite the best efforts of the Founding Fathers. Each presidential election sees a slew of policies put forward, which are then expected to make their way through Congress, impacting on their own legislative power. This has led to claims that the president is the chief legislator, as can be seen through major legislation such as Obamacare and the Tax Cuts and Jobs Act. Equally, the development of modern weaponry has placed greater emphasis on the presidential role of commander in chief and reduced the congressional power of the declaration of war- in a nuclear age, the declaration of war seems very obsolete if the war could be over in minutes. While Congress has wrestled to regain some of this power, passing the War Powers Act and using the Authorization for Use of Military Force (AUMF) facility to justify presidential military action, the balance of power here seems to rest squarely with the president.