Congress Flashcards
Structure
Bicameral
535 members. Senate-100. Reps-435
Derives from Connecticut Compromise
Necessary and proper clause
Most important part
To fulfill its duty they should be able to make all laws which are necessary to fulfil this duty. Conflict-whether its federal or state jurisdiction
House of Representatives
435 members
Representative numbers proportional to state populations
California-53 Alaska-1
Each state divided into congressional districts, each member represents their districts.
2 year terms, whole House elected up for re-election
Senate
100 members
Each state has 2
Every state equal in senate unlike representatives
6 year terms, elected in thirds
Led by VP who is President of the Senate. In practise led by majority leader-the leader of the party who holds the minority.
President-Kamala Harris. President Pro-tempore Patty Murrary. Majority leader Chuck Schumer, minority leader Mitch McConnell.
Power of unlimited debate
Filibusters and how they can be overcome
Used to disrupt passage of a bill
Individual or group of senators-talk a bill to death without stopping
Individual normally unsuccessful, group more
3/5 Senate can vote to end one-cloture motion
Congressional committees
Important-huge no
Standing committees-shadow federal govt depts
Select committees-special investigations on ad hoc basis
Concurrent powers
Equal legislative power
Override presi veto
Initiate constitutional amendments
Declarations of war
Confirm appointed VPs
Powers of the House
Initiate money bills
Vote on impeachment
Elect a president should EC deadlock
Powers of Senate
Confirm presi appts e.g SC
Ratify treaties
Try accused in cases of impeachment
Elect VP in case of EC deadlock
Powers of Congress
Article 1 of constitution
-Est and collect taxes, regulate foreign and interstate commerce, coin money and reg its value
-Declare war
-Create courts inferior to SC
-Elastic clause
Why is the House or Senate more important?
House-control money, elect president
Senate-longer impact on US life e.g SC. Final say e.g no impeachment trial has been successful. Decide US position in world via treaties
Party balance in Congress
Currently Rep house but narrow maj. Took 15 times to elect a speaker (small group of rebels)
Senate-50 R, 48 D +2 others who align with D e.g Bernie Sanders. Technically Democrat controlled as VP has final vote if there’s a tie (currently democrat)
Congressional demographics: race
118th:
White-74%, US pop 59%
Black-11%, 14% pop
Hispanic-10%, 19% US population
Asian-3%,6% pop
Native american-1% (= to pop)
Congressional elections
Every 2 years
Can overlap with presidential elections
Electtion to House of Reps
2 year terms, whole house up
Single member districts
Use plurality voting systems e.g FPTP
Role of representatives
Represent constituents
Primary responsibility is their district
Vote on legislation, serve on committees. Can intro legislation, obtain federal money for district and work with other reps to advance beliefs in Congress
Qualifications for office in representatives
25+
US citizen 7+ years
Live in state they represent
14th amendment-disqualified if they rebel against or aid US enemies
US senate elections
Every 2 years, only a 1/3 every time
6 year terms
Divided into classes
No state will ever elect 2 senators at same time
US senate elections
Every 2 years, only a 1/3 every time
6 year terms
Divided into classes
No state will ever elect 2 senators at same time
Role of senators
Represent constituents
Vote on legislation, serve on committees. Intro leg themselves, obtain federal money for states and work with other senators to advance beliefs
Vote on whether to confirm or reject executive appointments
Senator qualifications for office
30+
US citizen 9+
Live in state they represent
14th amendment
Representation in Congress
Becoming more descriptive
Hispanics, black and asian still under rep. White over rep
Senate less descriptively rep than house
Shift is in house not senate
Higher incumbency rates in senate-harder to crack
Voting Trend: Power of incumbency
Advantage
Long-term office holder has greater name rec so publicity less of an issue than with a challenger
Greater access to funds. Est candidates likely to have sig donor base personally or through party-easier to afford campaign
Use their office to target funding or respond to issues within their district which then gain them support in forthcoming elections
Re-election rates amongst incumbents consistently over 80% for last 50 years.
Impacted by peak voters switching allegiances, some vote for party not candidate, parties and US society polarised
Gerrymandering
Redraw boundaries of constituencies to try and influence outcome
Boundaries redone every 10 years
SC ruled that any issues with boundaries are beyond their reach but state courts can (10th amendment)
Packed and cracked
e.g NC
Voting trend: congressional elections
Poor, improve when coincide with presidential elections. In some mid terms it is less than 40%
2020-highest for last 120yrs. Circumstances e.g covid, BLM, partisanship
Similar problems to UK
Mid term blues-presidents party often does poorly. Can lead to gridlock
Voting trend: partisanship
Becoming more significant-supposed to be solved via bipartisanship in constitution. Parties no longer working together
Asymmetrical polarisation
Oversight and legislative process operated by people who increase partisanship and less able to work together
Other factors in voting trends: safe seats, coat tails, split ticket, Ohio
Decline in competitive races, increase in safer seats due to partisanship
Whoever wins Ohio has good chance of winning president election
Coat tails effect-popular president can benefit their party, ride the crest of the waves
Split ticket-vote for two dif parties e.g Biden president but state/district vote for rep. Partisanship and polarisation-becoming less sig, vote for 1 party
Voting behaviour: caucuses
Congressional-groups within parties that meet to pursue common legislation objectives e.g House Demo Caucus is all demo house members. Senate demo caucus-all demo senators and 2 independents. Degree of co ordination to members of parties within house
Ideological-pol factions with common ideological orientation e.g Blue Dog democrats
Racial/ethnic-members sharing some race/ethnic group e.g congressional Hispanic caucus
Interest group-members united as IG. e.g congressional wine caucus, can be from different parties
Voting behaviour: constituency
Folks back home. Concerned due to frequent elections, seeking re election
Pork barrel politics-deliver the goods e.g trade support for resources. Senator Susan Collins Obamacare for funding for healthcare clinics in Maine
Reps take positions on certain issues e.g Vermont hunting popular, sanders pro gun rights despite left leaning
Please fat cat donors for campaign funds
Weak party system
Log rolling
However high rates of incumbency-safer the seat, less likely you have to worry about votes
Voting behaviour: administration
Members of executive branch. Seek to push legislative agenda through, get people onside (members in own party, sometimes across aisle)
Voting behaviour: pressure groups
Influence members e.g NRA with gun control. NAACP. International brotherhood of teamsters-haulage workers union
e.g abortion, pro life groups
PACs and super pacs can financially influence e.g citizens united v FEC
Voting behaviour: other factors
Lobbyists
Personal beliefs
Staff
Pressures on congress members: voting behaviour
Lots of pressure to consider when voting. Some are more important than others e.g constituents, party.
Fluid-dif issues come along and make some factors more important e.g personal beliefs
Legislative process
Bill
Committee
Sub committee review and mark up
Committee review, mark up and vote on a bill
Debate and vote
Other chambers consider bill
Conference committee
Both chambers vote on final bill
President signs it into law
Legislative process in House of Representatives
Intro-formality. No vote or debate
Committee stage-conducted in standing committee, hearing and vote. Refs made to full chamber
Timetabling- house rules comm which priorities bill acting as gatekeeper. Membership dom by maj party and chair works closely with speaker
Floor debate and vote on passage
Legislative process in senate
Intro-formality. No debate or no vote
Comm stage-same as reps
Timetabling-by unanimous consent agreement where senate leaders decide order to which bills will be debated
Floor debate and vote on passage
Standing and perm select comms
Reps: agri, judiciary, homeland security, foreign affairs
Senate: budget, energy and natural resources, banking, housing and urban affairs
Conference committee
If req to reconcile difs between House and Senate v of bill.
Delegates from both houses
Reconciled bill voted on in each house
Declined in number in last 25 years but still used for big ticket leg e.g tax cuts and jobs act 2017
Presidential action
Sign, leave on desk or veto
Poss pocket veto-bill awaiting president action when leg session ends. Bill lost, Congress cannot override. Clinton last president to do this
Presidential vetoes
Avg no overrides per 2 year congressional session. 2001-12 3
Congressional override leg passed despite veto
President officially veto leg
Pocket veto can’t be overridden as session ended
Override: Congress vote on bill again, 2/3 supermaj must be obtained in both chambers
Many president had none, others has many e.g Johnson 15/20 override
Check and balance-check on power of executive by leg
Since 1789-veto used 1517 times. Congressional override 112. President success rate-93%, only need 34 supporters in senate
Congressional oversight
Judge whether people president is appointing is the right person
Monitor law implementation, hold government to account
Investigate abuse of power by people holding high office
Examine agreements with other countries made by president
Act as check on president’s use of armed forces against other countries
Oversight processes
Impeachment and removal
Determine funding and agree budget
Declare war
Investigations-congressional committees
Ratify treaties (Senate)
Ratify federal justice and other appointments ( Senate)
Impeachment and removal
Enumerated power-
Treason, bribery or other high crimes and misdemeanours (vague)
Any member of the House can start impeachment. House judiciary committee is a gatekeeper-majority must vote to make a rec to impeach to whole House (A1 S2)
If successfully impeached, Senate holds the trial. Senators act as the jury, vote for/against removal (A2 S4). 2/3 Senate must vote to convict and therefore remove
Since 1789, 62 impeachments initiated by House. 19 gone to trial, 8 resulted in convictions
Not a criminal prosecution, just process to remove from office. Can face criminal charges upon leaving office
Examples of impeachment
Clinton 1998 for lying under oath
Trump has been impeached twice
Nixon
Limitations of impeachment
Party line voting-no party wants to be the first to have a president removed
Polarisation-less likely to get convicted
Partisanship
No president removed
Oversight: committees
HCJ-impeachment process
Investigations
Law making process
Appear in large parts of oversight process
Standing comm-oversees areas of government policy
Investigate effectiveness of laws
Involved in ratification process. Senate judiciary comm-appts of federal justice e.g SC-Barrat. Make rec to Senate. If senate is of dif party to presi then noms harder to go through e.g Obama, vote along party lines. Tie-VP casts deciding vote. Applies to cabinet members noms. SC appt for life-makes it most imp role
Oversight: budget
Power of purse-representatives agree to budget
If budget not passed government runs out of money and forced to shutdown e.g 2018-19 (20d) was longest
Continuing resolution-carry on with previously agreed budget while trying to resolve impasse
Oversight: declaring war
Congress declares war-last used WW2.
Military action shifted to Presi->War Powers Act 1973
However not brought back under Congress remit, President able to deploy troops for up to 90 days without approval
Oversight: investigations
Conducted by Congressional committees
Senate Judiciary Committee (SC and judiciary noms) and House Judiciary Committee (links to impeachment process)
Investigate US govt after the fact
e.g alleged Russian interference in 2016 election investigated. House and Senate intelligence committees concluded that they did. Couldn’t prove Trump knowingly engaged with Russians
Oversight: ratification of treaties/appointments
Senate only
START treaty 2011-nuclear arms reduction between US and Russia
Senate agrees to treaty
Iran Nuclear Agreement Review Act 2015-did Senate ever agree to it?
NAFTA 1994. Trump negotiated UMSCA-more controls at border over what goods could enter
Ratify federal justices and other appointments (Senate only)
Clinton: background and election results
Taught law at Uni of Arkansas
Attorney general for Arkansas 2 years
Governor of Arkansas-beaten 1980, reelected 1982
1992-43% vote, 32 states+DC, 370 ECV
1996-379 ECV, 49.2% vote, 31 states+DC
Clinton: ideas and key policies
Sig work on NAFTA
Welfare reform
Conservative fiscal policy ensuring budget surplus
Attempted universal health coverage
Introduced federal background checks and waiting period before people received guns
Don’t Ask Don’t Tell-LGBT in military
Defense of Marriage act
Introduced websites for many areas of US government
Clinton: key events and actions
1993-explosion at World Trade centre
1993-Navy attacks Baghdad
1993-NATA signed
1997-Paula Jones sexual harassment lawsuit
1998-House votes to impeach Clinton
Clinton: controversies
Monica Lewinsky affair-obstruction of justice and perjury
Allegations he lied and covered up details
Reason for impeachment
W Bush: background and election results
Texas governor
2000-30 states, 47.9%, 271 ECV
2004-31 states, 50.7%, 286 ECV
W Bush: key ideas and policies
Huge increase in federal spending and signed into law $1.35tn tax cut
No child left behind
Medicare
Had policies that would intro wide-ranging domestic policies but derailed after 9/11
W Bush: key events and actions
9/11
Iraq and Afghan wars
2008 financial crash
Hurricane Katrina 2005
W Bush: controversies
Criticised for slow response to Katrina and administration did not take full responsibility for disaster
Obama: background and results
Law professor at Chicago law school teaching constitution law
1996-elected to Illinois state senate, re elected 1998 and 2002
Elected to US senate for Illinois 2004-served for 4 years
2008-52.9%, 365 ECV, 28 states+DC
2012-51.1%, 332 ECV, 26 states+DC
Obama: ideas and key policies
Obamacare
Closure of Guantanamo Bay
Repealed Don’t Ask Don’t Tell
Presided of de facto legalisation of gay marriage
American Recovery and Reinvestment Act 2009-4750 trillion for US economy after financial crash. Huge amounts of federal money for infrastructure, education and tax breaks. Intervened to assist with General Motors and Chrysler when they faced bankruptcy
DACA/DAPA
Obama: key events and actions
Financial crash
Iraq and Afghan wars
Won 2009 nobel peace prize
Death of Osama bin Laden
End of Iraq war 2011
Sandy Hook shooting
2013 federal govt shutdown
Obama: controversies
Qs about how the administration handled terrorist attack on US consulate Sept 11/12 2012
IRS scandal
Keystone XL pipeline
