Congress Flashcards

1
Q

What does tyranny

A

Oppressive or cruel rule - founding fathers experience of British rule

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2
Q

Why was congress put first in the constitution

A

Because the founding fathers were in fear of tyranny under British rule

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3
Q

What were the founding fathers specific in about when outline the powers of congress

A

They can not be removed and is designed to be the most accountable branch to voters

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4
Q

What is congress

A

A bicameral legislative branch of government- means it is made up both 2 houses. House of representitives and the senate

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5
Q

What is the election cycle for the house of representitives

A

1 each state has at one representitive but the number depends on their population
2 house members are elected in small districts - their role is to represent their district in congress
3 435 voting members
4 2 year term
5 constitution requirements must be 25 years old a citizen for USA for 7 years

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6
Q

Who does the house of representitives represent

A

The popular sovereignty - authority is from the consent of the people being governed who are the source of political power - at election time

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7
Q

What is the election cycle for the senate

A

1 every state elects 2 senators. The senior senator ( the one who has served the longest time) goes on to represent the state
2 senators in each state are up for reelection at different times
3 senators are graded class 1 11 or 111 based on when their election is
4 there are 100 members - 2 senators per state
5 6 year term (1/3 of senators elected every 2 years
6 constitutional requirements - 30 years old citizens for 9 years

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8
Q

What were the safeguards put in place by the founding fathers into the constitution and why

A

The senate was originally unelected. The founding fathers were concerned about the ordinary people gaining to much power so included safeguards in the constitution like the electoral college

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9
Q

When was the senate made an electoral chamber

A

1913 by the 17th amendment

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10
Q

The constitution awards a number of powers to congress.These powers fall into 2 groups what are the 2 groups

A

Concurrent
Exclusive

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11
Q

Why is the term concurrent power used

A

Because the powers are exercise by the house of representitives and the senate together

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12
Q

What are concurrent powers

A

1 constitutional amendments 2/3 of both houses must agree to a constitutional amendment before it can be put to state for ratification
2 declaring war - both houses must be in agreement for USA to declare war
3 confirming a new vice president
4 passing legislation
5 legislating - the mist important power and is jointly exercised

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13
Q

Explain the veto override

A

Once a bill has passed through congress it needs the presidents signature to become law.
The president can use their veto to prevent a bill becoming law.
Congress has the power to overturn this with a 2/3 vote in both houses

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14
Q

Why is the term exclusive power used

A

Because the powers are exercised by only one of the legislative bodies

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15
Q

What are the exclusive powers of the house of representitives

A

1 elect president if the electoral college is deadlocked
2 initiate money bills
3 has sole power to boring cases of impeachment

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16
Q

What are the exclusive powers of the senate

A

1 ratify treaties
2 try cases of impeachment
3 elect a vice president if the electoral college is deadlocked
4 confirm presidential appointments

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17
Q

Is the senate more important than the house - give a reason for your answer

A

No because the most important congressional powers are legislation, was and impeachment and these are equally shared

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18
Q

How the set up diffent to parliament

A

The houses of congress are mostly equal with a few exclusive powers In Paliament the House of Commons is superior through the Salisbury convention

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19
Q

What is an incumbent

A

The person who currently holds a political office usually referring to the president a senator or a member of the House of Representatives

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20
Q

What is the responsibility of congress

A

To represent the people, create legislation, and maintain oversight of the government.
It represents the districts and states across the USA

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21
Q

How many elected representitives are in congress

A

535

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22
Q

Why must congress pay attention to its constituents

A

Because there are elections every 2 years and if they don’t they may face unelection

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23
Q

What is the significance of incumbency

A

In congressional elections the incumbent frequently wins their seat again at the next election

24
Q

What are the reAson’s for the high incumbency re election rate

A

1 name recognition among the incumbents constituents but also brining in interest group campaign money
2 legislative record allowing the incumbent to demonstrate the gains achieved for the constituency
3 congressional franking privileges
4 gerrymandering - whether boundaries of a congressional constituency have been manipulated to help one particular party
5 house or senate dedicated website

25
Q

What are the features of a congressional election

A

Every 2 years in the year when no presidential election is taking place
2 congressional elections are called mid term elections
3 they are often seen as a referendum on how well the president is doing
4 they have a much lower turnout than elections in a presidential year
5 to be a congressional politician a candidate must first win a primary to be a democratic or republican candidate for a seat then win the seat on election day under FPTP
6 third parties do exist but they rarely do well in US elections

26
Q

What factors effect voting in congress

A

1 constituency - public opinion due to re election cycles and state ideology
2 pressure groups and lobbyists- shared ideology, campaign finances, mobilising the public
3 party and partisanship - shared ideology, party leadership, party discipline
4 congressional caucuses- party factions, state or issue factions

27
Q

What is the key power and function of congress

A

To crate scrutinise and delay legislation

28
Q

What is pigeon holing

A

This term describes when a bill has been put into congressional committee but not given any hearings or further action

29
Q

What is the legislative process in the house of representitives

A

1 INTRODUCTION - a bill can go through the houses consecutively or concurrently
2 COMMITTEE- introducing sub committee hearings and mark up. Committee chairs can kill a bill by pigeonholing it. The House of speakers power in choosing a committee can determine a bills fate
3 TIMETABLING - by the house rules committee which is dominated 2 to 1 by the majority party. This stage is dominated by the majority party
4 SECOND READING AND VOTE- a simple majority is all that is required
5 CONFERENCE COMMITTEE - the conference committee is made up of an equal number of houses and senate membership who reconcile the bill which then need agreement from both houses
6 HOUSE APPROVAL
7 SENT FOR PRESIDENTIAL ACTION- the president can sign, veto or leave a bill on his desk for ten days. A 2.3 majority in both houses can override any presidents veto

30
Q

What is filibuster

A

A long speech given on the floor of the senate aimed at preventing further action being taken on legislation

31
Q

What is the legislative process in the senate

A

1 INTRODUCTION - a bill can go through the houses consecutively or concurrently
2 COMMITtEE - Including sub committee hearings and mark up. Committee chairs can kill a bill by pigeon holing it
3 TIMETABLING- by the majority leader. The timetabling stage is therefore dominated by the magority party,
4 SECOND READING AND VOTE - a simple majority is all that is required. A filibuster can prevent this in the senate
5 THIRD READING AND VOTE - a simple majority is all that is required but a filibuster can prevent this
6 CONFERENCE COMMITTEE - this is made up of equal numbers from the house and senate members who reconcile the bills which then need for agreement from both houses
7 senate approval
8 sent for presidential action - president can sign, veto or leave the bill on his desk for 10 days. A 2/3 majority in both houses can override any presidential veto

32
Q

What are the strengths and weaknesses of this legislative function

A

Strengths
1 high level of scrutiny
2protects states rights
3prevents tyranny of the majority
4 with unanimous
1 consent in the senate bipartisanship is required

Weaknesses
1very slow
2lack of bipartisanship leading to gridlock
3 congressional politicians often choose to focus on reelection over legislation

33
Q

Explain oversight of the executive branch

A

As part of the checks and balances system congress provides oversight of the executive branch - it monitors what they are doing, investigating their actions and uses checks and balances to prevent abuse or overuse of executive powers

34
Q

What are the oversight powers

A

1 impeachment and removal of members of executive branch
2 determining the funding available and agreeing on the budget for the president
3 declaring war
4 investigation of actions of the executive branch
5 ratification of treaties
6 ratification of federal justices and other appointments

35
Q

What does effective congressional oversight over the executive branch depend on

A

1 whether the house of representitives, senate and presidency are presided over by the same party or not
2 when the next election is as congress may be more focussed on pleaseing the constituents than oversight
3 which branch has made the most recent mandate
4 the poll rating and popularity of the president which can make congress more or less likely to scrutinize him
5 national circumstances as in times of national crisis congress often defers to the president

36
Q

What methods does congress have to oversee the action of the Supreme Court

A

1 the ratification of judicial nominees following hearing by the senate judiciary committee
2 the creation of lower courts
3 justices can be impeached if they do not act in line with constitutional requirement of good behaviour
4 Congress determines the number of justices on the Supreme Court
5 congress can initiate a constitutional amendment to overturn a Supreme Court ruling

37
Q

What calls into question the adequacy of congress representational ability

A

It doesn’t not look like US society - they do not share life experience with the people

38
Q

Who does congress represent

A

1 descriptive representation
2 distracts/states as a whole
3 individual constituents
4 their party
5 congressional caucuses
6 interest groups

39
Q

How effective is the House of Representatives

A

1 shorter election cycle makes house members more responsive to constituents
2 congressional politicians represent smaller numbers of people
3 party discipline is stronger than in the Senate
4 as representitives are based on population more populous state can be better represented

40
Q

How effective is the senate

A

1 senators represent the view of the whole stat not minor districts
2 unanimous consent allows individual senators to be powerful in representing their state
3 unanimous consent makes party discipline weaker so senators can represent their state better
4 six year terms means they can get on with the business of government

41
Q

How has the role of congress evolved since the constitution was written - give examples

A

The powers given to congress have developed
1 the constitutional power - declaration of war
Changing circumstances - the developments in weapons and technology means wars are no longer fought in the same way
Power today - authorisations for the use of military force are mor common than a formal declaration of war

2 the constitutional power - passing the budget -
Changing circumstances - increased bipartisanship in congress
Power today - arguements over the budget=get are so frequent now that continuing resolutions have become common place

3 constitutional power - passing legislations
Changing circumstance - a lack of bipartisanship has led to record low production of legislation a power being usurped by some presidents through executive orders
Powers today - a decrease in legislative output and a focus on the president as the head of government rather than a separation of powers

42
Q

Congressional power is reactive explain

A

The president act first - he is proactive then congress reacts

43
Q

Why are the parties important

A

1 increased partisanship is clear and has led to a fall in legislative output and government shutdowns
2 differing parties control the president y and congress
3 they control significant appointments and roles especially in the house

44
Q

Parties are not important because

A

1 parties are broad churches - liberals and conservatives exist in both parties
2 party disciple in is weak due to state loyalties
3 unanimous consent gives individual senators greater individual power

45
Q

How effective is congress

A

1 The power of investigation - a joint power
Congress can investigate any aspect of the executive branch and highlight problems that need correcting
But
Investigations end in recommendations and congress can not bring criminal proceedings it can only apply pressure
2 ratifying justices - senate only
As the senate must approve nominees they are usually thoroughly vetted so the senate should not have to reject nominees of ten
BUT
The senate is reactive in its power and can only act one the president has nominate someone they can not continually reject nominees otherwise they look partisan
3 electing the president if the electoral college is deadlocked - house only
The house has successfully exercised this power twice
But
This is a largely defunct power
4 ratifying treaties - senate only
The senate has ratified and rejected treaties
But
The president can manor around this power by not using the word treaty
5 Impeachment
It is a threat that congress is willing to use
But
In all 3 full cases the president was found not guilty - this makes it a weak power
6 declaring war
Congress has used this power 11 times
But congress has little choice in authorising action

46
Q

What are the positives and negatives of congresses legislative function

A

Positives
1 legislation is well scrutinised through a lengthy process
2 within the increased likelihood of a divided government it reduces the tyranny of one branch

Negatives
1 there is a lack of legislative output by congress
2 it is difficult to overturn a presidents veto
3 the likihood of presidential bills passing is mainly unhindered

47
Q

Which functions do US anUK legislatures share

A

Legislation, scrutiny and representation

48
Q

Compare the powers of legislation between congress and parliament

A

UK parliament
1 can declare war
2 passes legislation based on the leading party’s manifesto
3 scrutinises the government which holds a majority in the Commons
4 a vote of no confidence can be held to remove the government and force an election
US COngress
1 can declare war
2 passes legislation based on presidents and its own electoral platform
3 scrutinises the executive branch which is completely separate from congress
4 a president can be impeached but fixed terms mean his vice president will take over

49
Q

What are the strengths and weaknesses of the House of Commons

A

Strengths
1 more powerful chamber
2 strong backbench power
3 strong constituency links

Weaknesses
1 strong party whip
2 executive dominance
3 government majority in committees

50
Q

What are the strengths and weaknesses of the lords

A

Strengths
1 mor time to debate
2 reduced party discipline
3 increasing willing to challenge the commons especially post reforms
Weaknesses
unelected and include hereditary peers
2 Salisbury convention
3 the size of the membership

51
Q

Identify the strengths and weaknesses of the house of representitives

A

Strengths
1 strong constitutional links
2 representation by population
3effective control by the majority party

Weaknesses
1 short election cycle
2 power of hte speaker means the minority party can be ignored
3 shared legislative power

52
Q

Identify the strengths and weaknesses of the senate

A

Strengths
1 unanimous consent
2 power of the filibuster
3 6 terms enables continuity
4 representation of state interests not just the electorate

Weaknesses
1 shared legislative power
2 unanimous consent can cause gridlock
3 over representation of smaller states and underrepresentation of big ones

53
Q

Debate is congress significant in policy making

A

Congress is significant
1 congress can pass laws on a wide range of policy issues and has used expanded the areas over which it can legislate
2 with landmark legislation congress is deepening its role in policy that has often been reserved for the states
3 in times of unified government significant legislative achievements can be made
4 the supremacy clause in the constitution ensures that congressional law is superior to state law.states are therefore bound to follow legislation that they do not approve of
5 congress is capable of being bipartisan and passing legislation

Congress is not significant
1 states have been unwilling to allow congress complete ontrol making their own legislation
2 being dependent on the state to enforce law congress has found its laws ignored
3 the difficulty of creating and passing legislation means that congress does not pass huge amounts of legislation
4 laws passed by congress can be overturned by the president and Supreme Court
5 the increase in hyperpartisanship in the 21st century has reduced congress ability to pass legislation which reduces its impact

54
Q

Debate is congress effective at carrying out its roles

A

Yes
Legislation
1 major legislations have been passed
2 the low pass rate suggests only necessary legislation gets through
3 the lengthy process ensures scrutiny of the bills
4 a staggered electoral cycle and resulting divided government ensure compromise in legislation
5 the requirements for supermajorities ensures broad consensus

No
Legislation
1 the legislation process is to long that thousands of bills fails to pass in each congressional session
2 the process can be dominated by a few key individuals in either house
3 in times of unified government bills can be rushed through
4 in times of divided government gridlock can prevent important legislation passing and result in government shutdowns

Representation
Yes
1 the representation of the minority groups and women has improved
2 caucuses allows under representated groups to act together and increase their influence
3 parties are well represented in an increasing partisan environment and reflect a partisan American population
4 both the people of the state and the wider state interests are represented by the 2 elected house

NO
1 the importance of money in electoral campaigns can allow lobbyists to influence members of congress more than their constituents or state
2 increasingly partisan voting patterns lead to a good representation of the majority at the expense of representation
3 representation of the minority groups and women remains far below their proportion of the population

OVERSIGHT
Yes
1 congress has demonstrated a willingness to use the veto override to great effect
2 during times of divided government the president is likely to face scrutiny from congress
3 committees have overseen investigations which had far reaching impacts
4 congress has demonstrated its independence from presidentially demanded legislation
5 congress has been willing to challenge the president in the Supreme Court
6 ingress has been able to develop and evolve its own powers
7 impeachment has been used 4 times

No 1 oversight can sometimes appear party political rather than in the interests of good policy and this increasingly true in the case of party line votes on appointments
2 the chances of the veto override being effective are outweighed by the chance of failure given the requirement of a supermajority
3 the power to declare war seems largely to have usurped by the president
4 presidents have found ways around the constitutional powers of congress
5 in times of crisis congress is more likely to act with the president
6 impeachment has proven difficult to enact to remove someone from office

55
Q
A