Congress Flashcards

1
Q

Structure of congress

A

Bicameral nature, the membership of Congress and the election cycle.
The House is elected every two years, representatives are elected by constituents and the number of representatives in a constituency is proportional to the size of the constituency; Senate is elected every six years (⅓ is elected every two years) and each state has two senators

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Congressional elections and the significance of incumbency

A

Congressional elections in the U.S. are held every two years for the House of Representatives and every six years for the Senate. These elections play a crucial role in determining the composition of the legislative branch, which influences how laws are passed, oversight is conducted, and national policies are shaped.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

House of Reps elections

A

435 seats up for reelection every 2 years The number of representatives each state gets is based on its population (determined by the most recent Census), with each district electing one representative.
Winner-takes-all system, meaning the candidate with the most votes wins the seat.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Senate elections

A

Senate elections occur every two years, but only one-third of the 100 seats are up for election at a time.
Senators serve six-year terms, which means they spend more time in office between elections compared to House members.
Senate elections are also winner-takes-all, with each state electing two senators, regardless of population.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Progressive Caucuses ( in response to ACA 2010)

A

he Congressional Progressive Caucus, made up of the most liberal House Democrats, strongly pushed for including a public insurance option or government-run health plan to compete with private insurers.
Members like Rep. Raúl Grijalva and Sen. Bernie Sanders from the progressive wing argued a public option was essential to provide a more affordable alternative and increase competition.
However, this progressive priority faced opposition from conservative and centrist Democrats wary of an overly expansive government role in healthcare.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Blue Dog coalition

A

The Blue Dog Coalition of moderate and conservative House Democrats from swing districts raised concerns about the overall cost of the ACA and specific provisions like the individual mandate requiring all Americans to purchase insurance.
Members like Rep. Mike Ross from Arkansas fought against the individual mandate, viewing it as overreach of federal authority over individuals’ personal choices.
The Blue Dogs’ opposition to the public option and individual mandate put them at odds with the Progressive Caucus’ demands.
This faction also consists of others such as West Virginia Senator Joe Manchin who is viewed as a Blue Dog due to his 60% Party Unity score and his voting record where he has consistently voted against his party in favour of the republicans. This further contributes to the idea of a 50 party system whereby the ideology of parties is separated across all 50 states.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

New democrat coalition

A

This pro-business, centrist Democratic group favoured market-based approaches over expansions of government-run programs.
They aligned more with the Blue Dogs in opposing the public option pushed by progressives as anti-competitive.
But some New Democrats like Ron Kind also had reservations about the individual mandate’s impact on employers and the private insurance market.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Gerrymandering

A

Gerrymandering is the practice of manipulating the boundaries of electoral districts to favor a particular political party or group, often at the expense of fair representation. It is a strategy used by political parties in power to influence election outcomes by designing districts in ways that benefit their own candidates or disadvantage opposing parties. Gerrymandering can occur in two main forms:

Partisan Gerrymandering: Manipulating district boundaries to favor one political party over another.
Racial Gerrymandering: Drawing district lines to either dilute the voting power of racial or ethnic minorities or concentrate them in a single district to minimize their influence elsewhere.

E.g - North Carolina’s 12th Congressional District (1990s):
One of the most infamous examples of gerrymandering in modern history occurred with North Carolina’s 12th Congressional District, which was drawn in a highly irregular shape, stretching over a long and narrow area from Charlotte to Greensboro. The district was designed to pack as many African American voters as possible into one district to ensure that a Black representative (in this case, Mel Watt) would win the seat, but also to limit their voting power in surrounding districts. This form of racial gerrymandering was challenged in court, with the U.S. Supreme Court ruling in Shaw v. Reno (1993) that the district’s design violated the Constitution’s requirement for equal protection.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Power of the purse

A

The House holds the ‘Power of the Purse’ - only the House can control the actions of another group by withholding funding, or putting stipulations on the use of funds.
Border Wall Funding Battles (2018-2019) - The Democratic-controlled House used its spending power to deny funding for Trump’s proposed border wall, leading to a 35-day government shutdown.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Party control

A

Party Control; There is evidence to suggest that congressional oversight of the executive is only really effective when Congress or one house of congress is not controlled by the President’s party.
For example, Obama’s nomination of Merrick Garland to the Supreme Court in 2016 was defeated by the Republican controlled senate.
Whereas, in times of united government, oversight can drop significantly.
This happened during George W. Bush’s 8-year term, where congressional oversight was often non-existent.
From homeland security, to the conduct of the Iraq war, from allegations of torture at Abu Ghraib to the surveillance of domestic telephone calls by the National Security Agency (NSA), Congress had mostly ignored its responsibilities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Party Polarisation

A

Party polarisation; Party polarisation causes a strain on the relationship between parties and the president.
Party polarisation is exacerbated in times of divided government.
Sometimes party polarisation prevents Congress and the president from cooperating. Party polarisation often means that the opposition party will oppose the president’s policy programme, which sours the relations between the two branches.
However, there are times of bipartisanship which enable a working relationship between congress and the president.
This was shown in the Coronavirus Aid, Relief and Economic Security Act (CARES) in 2020, the Bipartisan Budget Act in 2013, and the 21st Century Cures Act (2016).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Policy Area

A

Policy area; Congress’s ability to influence the president is greater for domestic policy than it is for foreign policy.
In areas of foreign policy, the president often uses executive agreements to circumvent the senate.
This was shown by Obama passing the Joint Comprehensive Plan of Action in 2015 concerning the Iranian nuclear programme with very little oversight from the senate.
Similarly in 2018, Trump was able to abandon the Iran Nuclear Deal with little insight from the Senate.
Congress has much more influence on the president in terms of domestic policy.
This was seen when Obama was frustrated by Congress which thwarted his attempts to pass legislation on gun control and immigration.
Trump also struggled with Congress over his immigration policies, and also failed to repeal the Affordable Care Act (Obamacare).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Election cycle

A

Members of Congress are more likely to please their district/state rather than the president in the run up to the election. They essentially prioritise their own re-election above the wishes of the president.Congress overrode Obama’s Justice against Sponsors of Terrorism bill in 2016. Democrats did not wish to seem ‘soft’ on terrorism in the run up to their re-election, despite many of them supporting the legislation. Therefore, as an outgoing president, there was little that Obama could do to persuade anyone to support his stance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Approval ratings

A

Presidential approval rating; Congress can exert less influence when approval ratings are high, and more when they are low.
In 2005, when George W. Bush was attempting to reform social security, Congress was able to capitalise on his low approval ratings in order to frustrate his attempts. At that time his approval ratings were around 35% according to a GallUp poll.
This was entirely different from September 2001, where W. Bush enjoyed the highest presidential approval rating ever recorded, following the 9/11 attacks. He enjoyed a 90% approval rating.
Biden’s current approval rating sits at only 38%. His low approval rating, and the fact that he is considered to be a ‘lame-duck’ outgoing president, means that Congress, especially the opposition party are able to exert a much higher level of influence over him.
Trump’s approval ratings have been the lowest of any president since WWII. He averaged at 41% approval during his entire presidency.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Congress Approval ratings

A

Congressional approval rating; Congressional approval ratings are important too, and recent years have seen approval ratings of Congress at historic lows.
Polls have linked this low approval rating of congress to long-standing trend of low trust in government among Americans, which started after the Vietnam War and the aftermath of Watergate.
Congress is seen by Americans as self-interested and unproductive - given that it only has a success rate of around 2-3% in passing new legislation.
Whilst president approval ratings are often low, they have not reached the same lows as seen in Congress. As a result, Congress can often find it hard to exert influence over the president.
In 2019-20 Trump’s approval rating was at 41%, whilst Congress’s was down to just 18%. In this case it was hard for Congress to argue that it possessed greater legitimacy than the president when Congress members criticised his policies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

National events

A

In times of national emergency, Congress will often defer to the President in the short-term.
For example, after 9/11 when George W. Bush passed the Patriot Act 2001.
However, this is not always the case. Congress assisted Trump in passing the CARES act in 2020, but it had also been very critical of Trump’s handling of the crisis. Nancy Pelosi, Democratic Speaker of the House of Reps at the time, regularly rebutted the President and acted as the leader of the Congressional Opposition to his policies.

17
Q

Checks by congress on the POTUS

A

he Constitution does not grant Congress oversight responsibilities explicitly, but over the years oversight of the executive branch has come to be seen as an implied power of Congress.
It is in Committee rooms where most oversight of the executive takes place. Standing Committees of congress are permanent policy specialist bodies and can wield a considerable degree of clout.

18
Q

Standing committees

A

Standing Committees; These exist in both houses of Congress, and are permanent, policy-specialist committees.
Their membership is proportional to the chamber in which it operates.
Examples of Senate standing committees include; Agriculture, Nutrition and Forestry, Budget, Judiciary, and Finance.
Examples of House standing committees include; Agriculture, Rules, Judiciary, Armed services, and Budget.
There are also sub-committees; The House Science, Space, and Technology Committee is divided into the following sub-committees; Energy, Environment, Oversight, Research and Technology, and Space.
Standing committees have two functions in both the House and the Senate, and a third function in the Senate only.

19
Q

Committee stage of bills

A

Conducting the committee stage of bills; This involves holding hearings on the bill at which witnesses appear. These committees then decide, via a vote, whether to or not pass the bill onto the full chamber for debate and vote. Often this can act as a barrier to Presidents who might wish to introduce legislation through Senators, as their bill might be defeated in the committee stage

20
Q

Congressional investigations

A

Conducting investigations; This enables congress to fulfil its oversight function.
Investigations are often launched into perceived problems, crises or policy failures.
Questions are raised such as ‘Is current legislation proving effective?’
Examples of this include; the House Homeland Security Committee which investigated ISIS in the pacific: assessing terrorism in Southeast Asia.

21
Q

Confirming presidential appointments

A

This is the Senate’s third function.
The two committees which do this are the Senate Judiciary Committee and the Foreign Relation Committee. Overwhelming yes votes confirm the appointment, but a close vote will indicate problems ahead.
Should the majority of the committee vote ‘no’ then the nomination is certain to be defeated.
It was the Republican-Controlled Senate Judiciary Committee that refused to hold hearings on President Obama’s nomination of Merrick Garland.
Amy Coney Barrett , the nominee of President Trump, is confirmed by the Republican-Controlled Senate Judiciary Committee within 2 weeks before the presidential election. Therefore, this confirmation was criticised by some Republicans including Sen. Susan Collins, Sen. Lisa Murkowski, and Sen. Mitt Romney for inconsistent decisions on hearing and confirming nominees under similar circumstances (near the presidential election period).

22
Q

Impeachment; The House of Representatives has impeached three presidents.

A

Most recently, Donald Trump, which happened twice - (2019 and 2020). However, the senate acquitted on all four occasions.
Some argue that the failure to convict any of the presidents is evidence that impeachment is an ineffective power.
However, on all 4 occasions, the process has worked as it should have done, and Nixon (Watergate scandal) resigned in order to avoid an inevitable impeachment, suggesting that this power to check on the president is indeed an effective one.

23
Q

Congresses checks on the court

A

Constitutional amendments; Congress can check the power of the judiciary and overturn a ruling of the Supreme Court by passing a Constitutional Amendment.
For example, Dred Scott v. Sandford (1857) on allowing racial segregation was overturned by the 14th amendment that African Americans are citizens and therefore they enjoy the rights protected by the constitution. (Citizens Clause, Equal Protection Clause)
However, (links to US constitution topic), constitutional amendments have a very specific procedure, and require ⅔ supermajority in BOTH houses of Congress and require ¾ support from state legislatures.
As a result, this has happened 26 times. (27 times but the 18th amendment was repealed by the 21st amendment to end the prohibition on manufacture, sale, and transportation of alcoholic beverages.)
Impeachment; Congress has the power of impeachment over the judicial branch.
However, there has only ever been one Supreme Court justice put on trial by the senate- Justice Samuel Chase in 1804, after being impeached by the HoR.
More commonly, justices have been known to resign before they can be impeached, which brings into question the effectiveness of this check on the Judiciary.
In 1968, Justice Abe Fortas resigned from the Supreme Court rather than facing impeachment.
Nine district judges have been impeached by the House and then dismissed by the Senate - some of these having resigned rather than being found guilty.
The most recent was Thomas Porteous in 2010 for accepting bribes and making false statements under penalty of perjury.
Size of the court; Under article III, Congress retains the power to change the composition of the court.
If change were to occur, it would probably undermine the independence of the Supreme Court because it would then be possible to change its ideological position.
Joe Biden promised to appoint a bipartisan commission to examine whether the Supreme Court should be expanded.

24
Q

ASSESSING; Effectiveness of Congress’s oversight on the Judiciary

A

The institutional effectiveness of Congress’ abilities to check the power of the Judiciary is very limited.
The practical difficulty in enacting constitutional amendments, increasing/decreasing the size of the court, and impeaching justices, makes these largely ineffective at checking the powers of the judiciary.
Often, Congress sees Supreme Court rulings as controversial, or considers them to be a judicially activist court, with rulings such as Obergefell v. Hodges (2015) and United States v. Windsor (2013) which both effectively legalised same-sex marriage,striking down the fate of the Defence of Marriage Act (1996).

25
Q

Congress and domestic policy; Expansion of the federal government

A

From 1933 to around 1980, Congress played a role in the expansion of the federal government - in both US society and the economy.
It passed legislation often with bipartisan cooperation that recognised the rights of its citizens. Some of this includes;
Civil Rights Act (1964) - Prohibited racial, religious, and sexual discrimination and racial segregation in schools.
Voting Rights Act (1965) - Prohibited discrimination in voting.
Medicare and Medicaid Act (1965) - The first public healthcare insurance programmes.
Housing and Urban Development Act (1965) - Provided federal funds for urban renewal.
This was the most successful era of the passage of legislation in congressional history.
However, this can be argued to be as a result of less ideological difference/party polarisation between the two parties, which made compromises much easier to achieve.

26
Q

1980s to date; Era of party polarisation;

A

Parties have become increasingly polarised in their ideological makeup.
This has changed the way Congress works and has seen parties refuse to vote for keynote legislation of their opponents.
Republicans - disinterested in cooperating with Obama’s healthcare reforms.
Democrats - disinterested in cooperating with Trump’s tax and jobs reform.
The rate of success for modern congress in passing legislation is only 2-3%. It is easier to prevent rather than enact laws.
The presidential appointments process has become intensely politicised, i.e the refusal to consider Obama’s nomination of Merrick Garland in 2016.
In 2020, the support for Trump’s nomination to the Supreme Court with Amy Coney Barett was entirely on party lines - not one Democratic senator supporting her.
Bipartisanship is more of an exception than a rule. Although the CARES act was an act of bipartisanship, this is not often the case. Even still, Democrats were critical of this legislation.

27
Q

How effective is Congress in performing its functions: Legislation

A

Congress still follows the principle of the constitution - Limited government. Only 3% of the proposed bills are passed which shows that the legislative process is complex and difficult for bills to be passed. This can prevent ill-thought bills or bills that are only in favour of a particular party’s interest or a temporary benefit on an issue (political whim). The House Rules Committee is to timetable the legislative agenda and they can ask the house to amend the bill (especially revenue bills) or they can put the bills behind. So, most of the bills go and die.

28
Q

How effective is Congress in performing its functions: Representation

A

The 118th Congress has the most radical and diverse membership ever. The Congress is moving away from the ‘Old, Pale, Male’ framework’: The average age of the House is 57 (117th: 58), while the Senate is 65 (117th: 65). The number of white Rep. is 307 (117th: 319), white Sen. is 88 (117th: 89). The number of male Rep. is 310 (117th: 313), male Sen. is 75 (117th: 76)
Separated electoral cycles in the Congress increase the representation and participation of the electorates. The House is elected every 2 years, while ⅓ of the Senate is elected every 2 years (6 years needed to have a new Senate). Therefore, representatives and senators are elected in different mandates which can serve different people starting from different periods. The bicameral Congress is also elected from congressional districts and states, which can increase the representativeness of the congresspersons that different politicians from their political party can serve them in different levels of interests.
Incumbency is a significant factor to determine an electoral success of congressional candidates who seek re-election. From OpenSecret, 94.5% of the Representatives are re-elected and 100% of the Senators are re-elected. This is due to the name recognition from the pork barrel politics while the congresspersons hold meetings in town halls to ‘bring back the bacon’ to the constituencies and demonstrate their effort of bringing benefits to the corresponding constituencies, which is also a form of accountability. Besides, the incumbents face less challenges even when the congressional districts are gerrymandered, and the relationship and networks between media can converse into electoral support. Hakeem Jeffries has the most fundrasion raised with $14 million while running for New York District 08.

29
Q

How effective is Congress in performing its functions:

A

The Congress successfully impeached two presidents in these 32 years, and 3 impeachments were made in total. Clinton was under the impeachment initiated by the House on the scandal with Monica Lewinsky and the executive office. Trump was first impeached due to the Russian interference in 2016 presidential election, and later he was impeached again due to the Ukraine scandal which included Trump asking for Zelensky’s assistance to attack Biden (i.e. his presidential rival) by investigating and exposing Biden’s scandals (if there were at that moment)
The Congress sent subpoenas to officials during the investigation to oversee the executive branch. During Trump’s first impeachment, former FBI director James Comey was one of the people who received subpoenas to give their witness testimony to the Congress. In Trump’s second impeachment, subpoenas were sent to officials like former Secretary of State Mike Pompeo to give witness testimony on the Ukraine Scandal.

30
Q

Party Leadership in congress

A

Party leadership in Congress is affected, and limited, by the Constitutional principles of the separation of powers, federalism, and bicameralism.
Separation of powers; Party leaders in congress hold little sway in other branches of government, such as over the President, even when the president is a member of their own party.
Federalism; Party leaders in Congress have little to no control over the 50 state parties in the country.
Bicameralism; Party leaders operate within their own chamber. They cannot always be sharing the same ideas as their counterpart in the other chamber.
Evidenced by Mike Johnson as the House speaker and Chuck Schumer as the Democrat senate majority leader.

31
Q

118th Congress diversity

A

The 118th (2023) Congress is the most racially and ethnically diverse in history. Overall, 133 lawmakers identify as Black, Hispanic, Asian American, American Indian, Alaska Native or multiracial. Together, these lawmakers make up a quarter of Congress, including 28% of the House of Representatives and 12% of the Senate. Despite this growing racial and ethnic diversity, Congress remains less diverse than the nation as a whole. Non-Hispanic White Americans account for 75% of voting members in the new Congress, considerably more than their 59% share of the U.S. population.

32
Q

Women + LGBTQ + in congress

A

There are 153 women in congress, accounting for 28% of all members. A record 128 women are currently serving in the House, making up 29% of the chamber’s membership. With the election of Becca Balint, a Vermont Democrat and the first woman and openly LGBTQ+ person elected to Congress from the state, all 50 states have had female representation in Congress at some point.
Thirteen voting members of Congress identify as lesbian, gay or bisexual – the highest number in history. There have not been any openly transgender members to date.

33
Q

Age demography of the 118th congress

A

The share of Millennials and Gen Xers in Congress has grown slightly in recent years. In the current Congress, 12% of House members, or 52 lawmakers, are Millennials. This share is up from 1% at the start of the 115th Congress in 2017. 166 members of the House (38%) are part of Generation X – ages 43 to 58 in 2023 – up from 27% in the 115th Congress. However, older generations still account for the largest share of lawmakers across both chambers. ‘Baby Boomers’ (aged between 59 and 77) make up 45% of the House’s voting membership, in addition to 66 of the 100 senators. Average age is 58 years old.

34
Q

Religion In the 118th Congress

A

Christians’ share in Congress is greater than their proportion of the broader American public. Nearly nine-in-ten congressional members (88%) are Christian as of Jan. 3, 2023, compared with 63% of U.S. adults overall.
North Carolina is one of the most gerrymandered states in 2023 that the ratio of seats in control by Republican and Democrats will increase from 7:7 to 11:3.

35
Q

Congressional scholars Norman Ornstein and Thomas Mann (2017)

A

Whilst the constitutional arsenal of Congress is powerful, it has limited ability to quickly reverse the course set upon by a determined president.’