Congress Flashcards
Congress Structure
bicameral, writes laws, oversees bureaucracy
House of Representatives
435 members proportional to state population. Elections occur in the congressional district every two years (incumbent reelection rate very high)
Senate
100 members with 2 from each state. Elections occur for 1/3 of the Senate every 2 years but Senator term lengths are 6 years.
Congressional Districts
Every 10 years, the census is taken which determines the number of districts a state will have. Congressional redistricting is done by the state legislature to ensure each district in the state has an equal population
Gerrymandering
Since most state’s state legislatures (which are usually dominated by one party) determine districts, they may purposefully redistrict in a way that favors their party winning reelection
Baker v. Carr
Tennessee hadn’t redrawn its districts and Baker sued since his county’s population had grown but hadn’t seen growth in representation. Supreme Court rules that the federal government can force states to redistrict every 10 years. Established the “one person one vote rule in which represents equal representation in voting
Shaw v. Reno
North Carolina redistricted so that African Americans had a better chance of being elected (racial gerrymandering) Court rules that through the equal protection clause this was Unconstitutional since race was the ONLY determining factor.
Voting Rights Act of 1965
took measures to ensure equal representation. removed barriers to black enfranchisement in the South, banning poll taxes, literacy tests, and other measures that effectively prevented African Americans from voting.
Delegated Powers in Congress
Shared powers between both houses
- taxing
- borrowing money
- regulating commerce
- raising army
- making rules and creating federal courts
- establishing naturalization laws
- establishing post offices
- providing for a militia
- making laws that are necessary and proper
Congress controls budgetary spending through 2 clauses
Appropriations clause and Taxing and Spending Clause
Power of the Purse
Congress’s power to influence the president or bureaucrats bu withholding or putting conditions on funding. A limit to executive Power
House Unique Powers
Introduces/Initiates tax and spending bills through the House Ways and Means Committee
House Ways and Means Committee
oversees taxing and spending legislation
Senate Unique Powers
Confirmation of presidential nominations to courts and ambassadors AND ratifies treaties
Other Congressional Responsibilities (not including legislation)
- Oversight: oversees the federal agencies
- Public Education: through raising awareness about issues when debating on the floor
- Representing Constituents
- Constitutional Amendments
- Electoral Duties: If no presidential candidate wins Electoral College vote, House can elect president and Senate can elect vice president
- Impeachment: House votes on impeachment, Senate conducts trial, senate votes for/against person
- Confirmation Duties
- Ratification
- Investigation: done through committees
Models of Representation
Trustee: Elected official will TRUST r their own judgement when making decisions.
Delegate: Elected officials view themselves only as a mirror of their constituents and will go with the constituents beliefs.
Politico: This is a combination of the first two.
Legislative Process
meant to be slow so that laws aren’t made hastily
- Bill is proposed by a sponsor (member of congress) but can be written by anyone
- Referred to appropriate committee
- Debated/Changed in committee
- Vote to report bill
- Main Floor Activity
- Vote (Must pass both houses)
- Conference Committee (compromise on final bill)
- Returned to both houses for final vote
- President accept/veto (can be overrided)
House Rules Committee
responsible for determining how long bill will be debated (since House has limited debate time), whether or not amendments can be added, can kill a bill, can bring bills up for immediate vote
Filibuster
Since Senate has unlimited debate time, a filibuster can be used to delay a vote on a bill. To end a filibuster, a cloture vote of 60/100 members are needed
Riders
amendments to legislation. House doesn’t allow riders while Senate does
Pork Barrel Legislation
riders added to bring federal money to a home state
Pocket Veto
if a bill is brought to the president 10 days or less before the end of a congressional session, and the president does nothing, the bill will be killed
Veto
rejection of bill. can be override through a 2/3 supermajority in both houses
Line-Item Veto
Vetoing only parts of bills. VERY UNCONSTITUTIONAL and no no
Legislative Veto
congress vetoing president. (what in the world this is so UNCONSTITUTIONAL)
Committee
small groups within the house/senate that are responsible for different things. the majority party will hold the majority of seats in the committee
Types of Committees
Standing Committee - permanent, specialized committees (Ways and Means)
Joint Committees - made up of members of both houses
Select Committees - temporary committees for a special purpose such as investigation
Conference Committee - temporary committees of both houses used to reach compromise in legislative process
Pigeon Hole
When a bill is stuck in a committe
Discharge Petition
a floor vote to force a bill out of a committee
House Leaders
Speaker of the House - leader of the House, chosen by the majority party. directs floor debate, and influences committees assignments and what bills go to committee
Majority Leader - keeps party members in line, helps determine party policy and agenda
Minority Leader - same roles as majority leader but for the minority party
Majority/Minority Whips - helps members remain loyal and respectable
Senate Leader
President of the Senate - delegated to the vice president. rarely there an only comes to break ties
President Pro Tempore - while vice president is not there, the most senior member of the majority member will take the place
Majority Leader - most powerful because they control legislative agenda and a policy initiator
Minority Leader - a little less powerful
Logrolling
you help me pass this bill, I’ll help you pass yours
Northwest Ordinance (1787, 1789)
Provided clear guidelines for the settlement of new territories becoming states
Pendleton Act (1883)
Eliminated the spoils system of patronage (giving position to someone who has helped you) and instead established exam-based merit system (you earn the position)
Sherman Anti-Trust Act (1890)
provided congress with the authority to regulate and break up monopolies
Hatch Act (1939)
a federal law prohibiting government employees from active participation in partisan politics while on duty (ex. saying on twitter that you are a government employee and are voting for candidate X)
Freedom of Information Act (1966)
declassified government documents for public use
Air Quality Act (1967) and Clean Air Acts (1960s - 1990s)
acts to regulate impact of environment
Federal Election Campaign Acts (1971, 1974)
Established the Federal Election Commission and required disclosure of what a person running for election spent their election money on
War Powers Act (1973)
Limited president power to use troops overseas. President must notify Congress within 48 hours and congress must vote to approve within 60 days
Budget and Impoundment Control Act (1974)
Established congressional budget committees and the Congressional Budget office. gave congress the power to prevent the president from refusing to fund congressional initiative
Gramm-Rudman-Holling Bill (1985)
set budget reduction target to balance the budged. failed to eliminate loopholes
No Child Left Behind Act (2001)
requires states to adopt education accountability standards, mandates annual progress testing of students, and makes school pay sanctions if they feel to meet the progress goals
Unfunded Mandates Reform Act (1995)
requires the Congressional Budget Office to analyze the impact of unfunded mandates on the states, and it requires a separate congressional vote on bills that impose unfunded mandates
Espionage Act (1917), Sedition Act (1918)
Severely curtailed the civil liberties of Americans during wartime and increased the power of the federal government in controlling public activity
Immigration Act (1924)
This law stringently limited the number of immigrants admitted into the US and set string quotas for entry
Age Discrimination in Employment Act (1967)
Banned age discrimination in jobs unless age is related to job performance
Civil Rights Act or Fair Housing Act (1968)
Title II banned discrimination in public places on the basis of race, color, origin, religion. Title VII prohibited employment discrimination based on gender
Title IX Education Act (1972)
Prohibited gender discrimination in federally funded education programs
Americans with Disabilities (1990)
Protected civil liberties of disabled Americans, banned job discrimination, permits non-paid leave of absence without fear of termination
National Voter Registration Act (1993)
Allowed people to register to vote when applying for driver’s licenses
Patriot Act (2001)
After 9/11, congress granted broad police authority to federal, state, and local government to interdict, prosecute, and convict suspected terrorists.
New Deal Legislation (1933-1939)
Legislation that expanded the role of government in society (Social Security, etc)
Personal Responsibility and Work Opportunity Reconciliation Act (1996)
signaled change in the role of the federal government in relationship to the states. Increase the role of personal responsibility in welfare recipients.
Bipartisan Campaign Reform Act (2002)
banned soft money contributions to national political parties and limited hard money
