Congress Flashcards
What was the initial plan for congress?
New Jersey plan - one vote per state backed by small states
Virginia Plan - representation according to population supported by larger states
When was the bicameral structure of congress agreed?
Connecticut Compromise
Divided into representatives (represents according to population) and senate (states equally represented)
How often were congress elected?
Representatives elected every 2 years by electorate
Senate elected every six years by state legislature
When was senate changed to be directly elected?
1913 in the 17th amendment made it more democratic
What are the exclusive powers for the house?
Initiating revenue bills
Impeaching public official
Election president when there is no electoral majority
What are the exclusive powers of the senate?
Confirm appointments
Trial of impeached officials
Ratify treaties
Electing vice president
How is the House of Lords limited compared to the senate?
Lords only have power to delay bills
Cannot disrupt bills regarding the manifesto promises (Salisbury Addison)
; in US both chambers need to pass bills to become law
Example of a bill made in one house but rejected by the other
Immigration modernisation act mace in senate but reps refused to even debate it
How is the senate more influential?
Representatives often run for senate
VP and Presidents come from senate/state not the house
Why are representatives’ seats less influential?
2 year term limit means more campaigning
Representatives has 435 seats vs senate 100
Senators serve an entire state so broader popularity
What exclusive rule means single senators can prevent a bill?
Senate allows unlimited debate
Filibuster used
Gloture to end filibuster requires 60 votes (supermajority)
Why does the senate have authority over foreign policy?
Senate needs to vote 2/3 in favour of treaties agreed by the president
Example Comprehensive Test Ban Treaty & UN Arms Trade rejected by the Senate in 1999 and 2013
How many executive positions need senatorial confirmation?
1000/7000
Significant is attorneys, federal judges, heads of federal agencies
how does the senate still have authority over money bills?
Can add amendments and text which sometimes leads to creation of “shell” bills full of amendments
What stops Senate from practicing its power to elect the president?
Two party system essentially guarantees a majority for one candidate
What is descriptive representation?
Representing the composition of society
What is substantive representation?
How well congress represents the varying groups in society
What is the argument for descriptive representation?
People are more likely to participate when voting for people similar to them
Diversity in opinions allows for more varied options in solving issues
What is the trend in congressional diversity?
Seven consecutive record breaking levels of diversity
118th congress has 137 minorities compared to 63 in 107th
What is the trend in female members of congress since 1979?
1979: 16 in the house, 0 in the senate
1993: 47 house, 7 senate
2022: 122 house, 24 senate
Trend of African Americans in congress since 1979
1979: 16 house, 0 senate
1993: 38 house, 1 senate
2008: 39 house, 0 senate
What impact did the 1990 census have?
8 states gained members; 13 lost
Creation of 24 majority minority districts: 9 Hispanic, 15 black
What age group are most congress members?
50s and 60s
Leads to increased share of Christians in congress
Extreme underrepresentation of atheists
How wealthy was the 113th congress?
Out of 535 members, 268 were worth more than $1 million
Most were businessmen
How might senators use their authority over spending to ensure reelection?
Earmarking spending which benefits their district more
Senator Robert Byrd of West Virginia longest reigning but earmarked lots of Money for his area
How effective can party influence be over congress members?
Directly elected & separation of executive and legislative positions means members cant be tempted with cabinet positions
2010 banned earmarking for profit bearing companies
Why did party control diminish during the 60s ?
Nominations handed over to primaries
Communication lost to social media etc
Organisation because local members hire personal teams
Finance because candidates need to gain their own funds before selection in October
What is the trend in congressional party unity?
Increasing
Voting in both houses at 70% unity in 2012 compared to 50% in 1990
House republicans vote unanimously 37% of the time in 2012 compared to 7% 1990
What can a president do to persuade members of congress in favour of their bill?
Direct persuasion
Promise campaign help
Threaten veto
Use media attention to utilise public pressure
but all limited on popularity
How is congress an access point?
Seek expertise and gain voting cues depending on scorecards for the biggest groups
What are the theories of representation?
Delegate vs trustee
Why do American legislators have a more personal mandate compared to UK?
Candidate focused campaign
Candidates personally win popularity in primaries
Candidates build their own brand on issues rather than on the party manifesto
How are congressional committees structured?
Large overall standing committee such as House Committee on Science Space and Technology
Subcommittees such as energy, environment, research, space
Why is the committee stage more influential in congress?
They decide which bills make it to the second reading
Committees are usually the final stage most bills reach
Eg 113th congress had 8565 bills but only 613 passed the committees
What is the Hastert rule?
Republicans speakers of the house don’t allow debate on bills which wouldn’t have a majority of republican support
How can parties force a bill onto the floor?
With an absolute majority for a discharge petition
Bipartisan Campaign Reform Act 2002 used
Fair Minimum Wage Act 2013 failed to gain enough for discharge
What happens in the second senatorial reading?
First time entire chamber debates
Voice vote for unanimous bills; can request a roll call
What is one way the house fast tracks bills?
Committee of the whole
Large committees which don’t go by the same rules as usual hearings
Needs minimum 100 to vote on it but still needs full house ratification
What are conference committees?
Formed to resolve differences in bills stuck between two houses
Includes members from both houses and produces a final bill
What are the three presidential options?
Sign into law
Leave without signature to become law in 10 days
Veto a bill
How can congress respond to a veto?
Amend the bill
Override with a supermajority in both houses
Accept defeat
What is a pocket veto?
Leaving a bill passed at the end of congressional session to die when congress disbands
How is the role of speaker different in the US v UK?
US Speaker of the house is leader of the majority party
Chooses which committees get assigned debates and set schedule
Chooses House Rules Committee
What role does the House Speaker play within their party?
Chair the steering committee
Appoint chairs of each committee
What is an example of a speaker who acted similarly to a leader of the opposition?
Gingrich: Pressured democrat Clinton into compromise on welfare reform
Pelosy: pushed against war in Iraq
Boehner blocked immigration reform by Obama
How are party leaders elected in the US?
Intra party election in the house
Works with the speaker and the party whips
Role in representing the party in the media
Why are congress leaders less influential than parliament?
Congress members are chosen in primaries and fund themselves
American Recovery and Reinvestment Act 2009 had 10 dissenting house dems
How do extreme wings such as the tea party cause shutdowns?
Refused to agree to a budget in 2013 due to attempting to defund Obamacare
What is the role of committee chairs?
Select witnesses
Presides over hearings and debate
Controls the budget and the media representation
When were committee chairs reduced in authority?
1971 : members could only lead one sub committee
1973: democratic subcommittee bill of rights
1974: committees with over 20 members had to have 4 subcommittees to divide authority
Which act aimed at formalising congressional oversight of the executive by committees?
Legislative Reorganisation Act 1946
Amended act in 1970
What does oversight seek to prevent?
Wasteful spending/fraud
Infringing civil liberties and agencies breaking law
Gather information for new laws
Evaluate executive workers’ effectivity
What authority does congress have over the federal agencies?
Authorising programmes
Funding
Investigations and legislative hearings
Initiate impeachment
Example of investigation by committee
Healthcare.gov 2013
Intended to offer health insurance comparison but website failed
committees questioned companies and the secretary of health; led to agency hiring IT workers and secretary resignation
Which house committee oversees governmental spending?
House Committee on Government Oversight and Reform
Which federal agency advises on more effective government?
Government Accountability Office
How are US committees more powerful than UK?
Subpoenas are enforceable with up to 100,000 USD or prison time
Which precedents were set by Washington regarding committees?
Agreed to investigation
Gave up necessary documents
Refused documents which would harm the public
Famous example of an effective select committee
Watergate Hearings 1973 led to resignation of president and convictions
Benghazi Hearing 2014
When do committees’ oversight power become reduced?
Unified congress in favour of the president
Example of lack of oversight of intelligence agencies and invasions of Afg and Iraq
How does partisanship lead to reduced effectivity of oversight?
Using committees to score points
Eg Obama had 108 pending nominations due to republican filibusters which led to not having a surgeon general during Ebola
Why is congress seen as ineffective?
112th passed 283 bills, 113th passed 296
During unified government rate of passing bills rises due to unanimous party voting
How do increasing rules reduce bills?
Many opportunities to defeat bills especially during committees, between houses and presidential veto
How has republican convention increased effectivity somewhat?
Hastart rule prevents bills which are less likely to pass through the senate
How has the filibuster become more convention?
Used to spend hours talking but not “gentleman’s filibuster” means they just announce intention and senate moves on
How many senators are needed in the senate at all times?
Minimum 51
Can adjourn senate if there are less
How has allocating funding become reformed to take less time in congress?
Mandatory spending allocates to things like social security and Medicare automatically
What is the path of the budget?
Feb - president asked for budget proposal
April - congress drafts a budget
12 subcommittees draft specific bills for funding to each department
What happens if congress does not agree to a budget on time?
Funding is cut
Use continuing resolutions until the next bill is banned; in 2013 funding for Obamacare led to forced shutdown for political reason
Is congress the broken branch?
No - representing a more divided country effectively
No - bicameral scrutiny means bad laws aren’t passed
Yes - lack of productivity due to partisanship
