Congress Flashcards
Congress
The overall name for both houses house of representatives and the senate
Bicameral structure
Congress is made up of two chambers HOR and the senate
The House of Representatives
- Directly elected with each state appointing a number of representatives in line with its population
- Should represent popular sovereignity (principle that all govt authority is derived from the consent of the people being governed who are the source of political power
The Senate
- Senate is appointed by state legislatures with each state getting 2 senators
- Senate acts as a safeguard against popular sovereignity and ensure every state had a voice in the new federal govt regardless of the states size
When was the senate made an elected chamber? Why?
17th amendment in 1913 (two senators serving each state for 6 years) because of growing concerns over power of industrial monopolies controlling state legislatures
Powers of the HOR
Begin all appropriations bills
Power of senate
Right to ratify treatises and appointments
Concurrent powers?
Are the most important powers, given to congress by the constituion
The power to make legislation is equally excercised and they have equal salaries
The membership of the chambers?
HOR - 65 Senate - 26 (first congress)
Today: 435 HOR, 100 senators
What is the apportionment act 1911
sets number of members in HOR at 435
Today each member represenets around 765,000 americans
Membership of the HOR
- Number representatives - proportional to population (Cali largest 40m pop and 53 members whereas Alaska, Montana 1 member)
- Each state divided into congressional districts (numbers drawn by state government and redrawn every 10 years)
- Serve 2 year terms before whole house is up for re-election no limit on number of years served if they are re elecetd every 2 years
- Leadership - speaker, majority and minority leaders, majority and minority whips
What is an example of member serving in HOR for long time?
John Ringell served 59 years before retiring in 2015
Membership of the first congress compared to today?
First congress = 26 senators, 65 members
Now= 100 senators, 435 members (set number under apportionment act 1911)
Popular sovereignity
The principle that all govt authority is derived from the consent of the people being governed who are the source of political power
Membership of the senate?
- 100 members - every state has 2 senators to represent them, every state is equal in the senate
- Every senator represents the whole state
- Serve 6 year terms and every 2 years 1/3 of the senators are up for re-election
- Senate unlikley to change much between election cycles
- Power of unlimited debate - can filibuster a bill and ‘talk the bill to death’
Example of longest filibusters?
Senator Storm Thurmond in 1957 - filibustered a civil rights bill for 24h 18m
Senator Rand Paul - filibustered appointment of John Brennon as cia director for 12h 52m
Congressional election
- Occurs every 2 years
- Each newly elected congress is numbered (1st congress 1789-1791 - 118th congress 2023-2025)
- All federal govt elections use FPTP (Two party system in the USA)
- If its the same year as presidential election it has no name
- If its in the middle of presidents term its a Mid-term election
Mid-term election
- Often seen as a referendum on the presidents performance, the president can lose one or both houses at this point if the president has struggled to achieve everything they promised in the 2 years
- If govt becomes divided its difficult to pass legislative agenda and congress has a more recent mandate and are more willing to challenge the president
Example of congress having power at mid-term elections?
- 2016 republican senate refused to allow conformation hearings for obamas sc nominee as the senate leader Mich Mcnonell claimed they had stronger mandate than “lame duck president”
Incumbent
The person who currently holds a political office, usually referring to the president or a senator/member of HOR
Advantages of incuments?
- Holds signifcant advantages over competitors
- Incumbents have more name recognition - use their money more effectivley can raise more money and spend less for people to vote for them
- Provided with a website on which they can explain policy beliefs, demonstrate policy succesess and influence and an easy way for constituents to contact them
- Franking privelleges - cost of mailing to constituents provided by congress
- The boundaries of congressional districts - fast re-election rate of incumbents
- The congressional districts explain high re-election rate of incumbents
- Constituency boundaries every 10 years after each census
Census
Every 10 years population of US is counted to ensure each state has correct number of HOR members
What is gerrymandering?
- A states governing party draws the boundaries of each constituency to give it an electoral advantage
- This produces VERY FEW swing seats which gives the incumbent an electoral advantage and are more likley to retain seat
- This has led to not geographically contigous districts which undermines the democratic process
Example of gerrymandering?
2020 - delayed census gerrymandering became controverisal that by March 2022 58 legal cases had been filed in 21 states to challenge proposed maps
Exclusive powers
Reserved to the senate/HOR
Which chamber is more powerful?
The senate - as it has fewer elections, more representation, ratification powers)
HOR is less powerful but more signifcant (holds power of purse, bring impeachments, and remove president)
Implied powers
From the necessary and proper clause which allows congress to make any laws that enable it to carry out its enumerated powers, allows congress to regulate foreign and interstate trade and they set up the national bank in 1791
What are the concurrent powers?
- Create legislation (Most important)
- Override president veto (
- Propose constituional amendments
- Declare war
- Confirm new vice presidents
- Investigation
Create legislation
- Create, amend, delay, pass legislation
- Not unlimited can only use on areas laid out in constitution; states hold the power to legilsate over other areas
- Congress can block,amend or reject legislation proposed by the president
Example: Bidens Build Back Better Plan - covid-19 recovery plan (passed quickly) infrastructure and social security plan were held up in congress by democratic senators Manchin and Sinema and progressive democrats objecting
Propose constitutional amendments
- With a 2/3 majority
- Last passed in 1992 but many have been put forward
Example: Representative Cohen proposed limiting presidency power of the pardon
Declare war
- With agreements of both houses can formally declare war with another nation
- Last used declare war on romania in 1932 second world war inn 1942 attack on pearl harbour
- Today congress tries to use this power to m and tax to control presidents desire to deploy military action
Confirm new vice president
- 25th amendment allows for a simple majority in both houses to confirm new vice president
- Most common when vice president dies/retires e.g. Assanation of John F kennedy in 1963
Investigation
- Implied power to launch investigations into areas on which it has created legislation or may need to create legislation and into federal programme
- Congress has power to subpoena witnesses have to attend hearing
E.g. reviewing insurrection at congress on 16th amendment on jan 2021 ar repsonse to
The exclusive powers of the HOR?
Power of purse
Bring charges of impeachment
Choose president if electoral college is deadlocked
Power of the purse
- Begin approriations bills - gives the house considerable individual power and power over the presidency
- Each year president submits annual budget for us govt to the house boudget committee to begin approval process
- Senate can amend these so power is limited
E.g. - 2018 trump budget requested budget for enviromental protection agency to be cut by 1/3 house republica desoite being of same party proposed cutting by just 6%
Bring charges of impeachment
- Bring charges of impeachment against the president, their officials or justices of the federal courts
- If guilty they will be removed from office
- Not criminal trial if someone has broken law, criminal or civil proceedings may follow but impeachment simply remove person from office
- Threat to any president in power
- Trump is the only use president to be impeached twice (found not guilty)
Choose president if electoral college is deadlocked
- Presidents need to gain a simple majority in order to win an election in the electoral college - with 535 votes in electoral college candiate needs 270 to win
- If no one wins 270 vores HOR chooses who becomes president, each state is given a single vote regardless of its size
The exclusive powers of the senate
Ratify treaties
Confirm appointments
Try cases for impeachment
Choose vice president if electoral college is deadlocked
Ratify treaties
- As check on presidents power over foreign policy, senate scrutinises proposed treaties and can approve or reject them byy 2/3 vore
E.G. - 2012 senate voted to reject UN convention on the rights of the persons with dsibilities with number of representatives expressing concern over the extra govt regulation it would entail
Confirm appointments
- Senate can confirm nominees put forward by president to federal courts, the cabinet and ambssadorail posts, among others
- Usually entails hearings by a relevant commitee on the qualifications and suitability of a candiate before a vote of the whole senate
Try cases for impeachment
- After HOR bring impeachment charges, a trial is held in senate HOR acts as a procescuting while person agsint who charges have been brought can mount a defence calling witnesses and putting forward arguments
- 2/3 of senators are required to find person not/guilty
- Not criminal trial allows person to keep position or be removed from it
Choose vice president if elctoral college is deadlocked
- Senate chooses vice president when acts as a preseint of the senate
- Only happeend twice in 1800 and 1824
The legislative process
- Introduction : Bill is recived and placed into commitee, the choices will make it more/less likley to pass, Speaker of house time limit bill and choices commitee, Sequentially (more than one done, finish one before other) or Split referall break up bill into lots of committes which speeds up the process
- Committee consideration: Very few make it out of the committee, become ‘pigieon-holed’ recieved by committee but no further action (90%) dont get a vote, bills die once congressional session ends, Bills acted on subject to committee hearing and amended mark ups, final amended bill must pass vote of whole committee, On passing vote sent back to houses to allow consideration by the house
- Scheduling: HOR - timetabling decided by house of rules committee, dominated by maj party in 2:1 ratio and all maj members are appointed by speaker which allows mps to control passage of legislation, HORC decide rules under debate; opendebate - amendments can be made during debate, closed debate - no amendments, in Senate a motion to proceed is voted upon and simple maj will be placed on calendar, closed rule most often used
- Floor action: HOR, debates are timelimited as determined by the HORC and dominated by the bills sponsor and leading opponents, once time elapsed vote is taken with all members present continues if passes this vote, Senate unlimited debate as long as someone wishes to debate a bill - on going, filibusters can be ended by closure motion (60 senators)
- Resolving differences: before passed must be agreed by both houses, set up conference committee to create one bill from each vesion, ping-pong so final version is identical, Take it or leave it if no final version
- Presidential action: sign bill, veto bill, leave it on desk
Representation
Strengths and Weaknesses
Constituency representation
Party representation
Functional
Descriptive
Congressional caucauses
Lobbyists
Oversight
Congressional oversight refers to Congress’s authority to monitor and, if necessary, influence the activities of the executive branch.
This oversight function is a critical aspect of the checks and balances system embedded within the US Constitution.
Override presidents veto
- Once bill has passed congress requires president signature to become law
- Use veti to prevent bill becoming law
- Congress has the power to overturn this bill veto with 2/3 majority in both houses
- Commonly used when congress controlled by different party to presidency
