Congress Flashcards
Congress
bicameral consisting of HoR and Senate
reasons why the Framers created bicameral legislature:
- historical experience
- fulfilling Connecticut Compromise
- implementing federalism
history of Congress
- Framers familiar with British system of govt
- British system: House of Lords and House of Commons
- colonial legislatures were mostly bicameral
implementing federalism
two types of representation: House = interests of people and Senate = interests of state
perks of bicameral legislation
- fragmented power
- slowed legislative progress, encouraging careful deliberation
HoR
- 435 members
- Two-year terms
- representative must be 25 yrs old, a citizen for 7 yrs, and a resident of the state from which he/she is elected
Senate
- 100 members
- Six-year terms
- senator must be 30 yrs old, citizen for 9 yrs, and resident of state
election of senators and representatives
- representatives have always been elected by voters
- senators used to be elected by state legislators, but now by voters via 17th Amendment (1913)
powers of HoR
- initiates revenue bills
- brings charges of impeachment against pres, vp, and all civil officers
- chooses president when electoral college is deadlocked
powers of senate
- ratifies treaties negotiated by president
- possesses sole power to try or judge impeachment cases
- confirms judicial appointments
- confirms executive appointments (cabinet heads, director of FBI, and U.S. attorney general)
size of HoR
- no exact size, stipulates that size should be based on population
- guarantees at least one representative (7 states)
reapportionment
- Constitution directs Congress to reapportion House seats after census every 10 years
- 1929 - House grew to 435 seats
- important for electoral votes as well
- population indirectly proportional to influence
Reapportionment Act of 1929
permanent size of House at 435 members (every seat represents 700,000 people)
1842 law of districts
- all seats in HoR filled from single-member districts
- each state legislature the responsibility of drawing boundary lines of its congressional districts
gerrymandering
legislative process by which majority party in each state legislature redraws congressional districts to ensure the max number of seats for its candidates
gerrymandering consequences
- protects incumbents and discourages challengers
- strengthens the majority party while weakening the opposition party
- increases/decreases minority representation
Wesberry v. Sanders
- “one person, one vote” in drawing congressional districts
- widespread redistricting that gave cities and suburbs greater representation in Congress
SC limits on congressional redistricting
- districts must be equally populated
- districts must be compact; lines must be contiguous or connected
- redistricting cannot dilute minority voting strength
- district lines cannot be drawn based solely on race; however, race can be a factor considered
- but: have not eliminated gerrymandering
How often do incumbents win?
- 90% HoR
- 75% Senate
Why do incumbents usually win?
- money
- visibility
- constituent service
- the franking privilege
- gerrymandering
money
- able to raise more campaign contributions
- PACs contribute more money to incumbents
- outspend challengers by 2:1
visibiltiy
- better known
- local newspapers and local tv shows
constituent service
- able to win supporters by performing casework for constituents and bringing home money and jobs to district
- casework consists of helping individual constituents, often by cutting through bureaucratic red tape
pork
- legislation that allows representatives to bring money and jobs to district
- incumbents sit on committees that enable them to designate specific projects
- earn reputation for service
franking privilege
- refers to right of members to mail newsletters to constituents at govt.’s expense
- extended to include emails and recorded phone calls
gerrymandering (as a reason for incumbents)
purposely redistricting to include voting blocs that support incumbents
consequences of incumbency advantage
- Congress contains large number of experienced leaders, thus enabling it to maintain continuity of leadership and policy
- continuity discourages radical change while encouraging close relations with interest groups
- because incumbents benefit the most from existing campaign finance laws, they have no incentive to reform them
majority vs. minority party
most votes vs. second most votes
advantages of majority party
- holds committee chairs
- chooses the Speaker of the House
- assigns bills to committees
- holds the majority on each committee
- controls House Rules Committee
- sets the legislative agenda
Why is there a more formal structure in the House?
- larger
- debate more restricted
Speaker of the House
- presides over HoR
- overseas House business
- stands second in line for presidential succession
Speaker of the House
- presides over HoR
- overseas House business
- stands second in line for presidential succession
majority leader
the elected leader of the party that controls the HoR
minority leader
elected leader of the minority party in the HoR
Vice President in the Senate
- vice president is president of the Senate
- may only vote to break a tie
president pro tempore
presides over the Senate in absence of VP, position held by member of majority party with longest service
majority leader
true leader of the Senate
importance of committees
- House and Senate divided into committees
- play dominant role in congressional policymaking
standing committees
permanent bodies that continue from one Congress to the next
jobs of standing committees
- focus on legislation in one particular area
- all bils referred to standing committees, where they can be amended, passed, or killed
- foster the development of expertise held by members
- divided into subcommittees
select committees
special panels formed for specific purpose and for a limited time, usually formed to conduct investigation into current matter of great public concern
joint committees
include members of both houses, focus public attention on a major issue
conference committees
- temporary bodies that form to resolve differences between House and Senate versions of a bill, members appointed by party leadership and those that originally considered bill
- returned to each chamber for vote
House Rules Committee
controlled by Speaker, “traffic cop” or Speaker’s “right arm”
job of Rules committee
- sets the guidelines for floor debate
- gives each bill a rule that places the bill on the legislative calendar, limits time for debate, and determines the type of amendments that will be allowed
closed rule
strict time limits on debate and forbids amendments from the floor
open rule
less strict time limits on debate and permits amendments from the floor
Ways and Means Committee
- jurisdiction on all taxation, tariffs, and revenue-raising measures
- cannot serve on other House committees
committee chairs
- call meetings, schedule hearings, hire staff, recommend majority members to sit on conference committees, and select all subcommittee chairs
- receive favors from lobbyists and contributions from PACs
seniority system
- majority party member with most service on committee becomes chair
- now elected but seniority still factor
creating bills
- anyone can write a bill
- most not written by members of Congress
- most originate from execute branch
- interest groups often draft bills
- only members can introduce bills; dropping bill into the “hopper” (box on edge of clerk’s desk)
committee action on forming bills
- assigned number and then sent to an appropriate committee
- committee chair usually sends it to subcommittee
- if majority wants to consider bill that has been discarded, discharge petition signed by majority of House members
- sent back to full committee who can mark up bill then send it to HoR or Senate floor with recommendation
floor action in HoR
- gives the bill a rule, placing it on legislative calendar, allowing time for debate, and determining if any amendment will be allowed
- then vote by full House
floor action in Senate
- no limits on debate
- if passes obstacles, voted on by Senate
filibuster
- way of delaying action on bill by using long speeches and unlimited debate
- overrule filibuster if 60% vote for cloture to cut off debate
hold
a senator can ask to be informed before a particular bill is brought to the floor
instructed delegate model
members vote to reflect the preference of constituents
trustee model
best judgment to make policy in the interest of people
politico model
act as delegates or trustees depending on the issue
oversight
congressional review of the activities of an executive agency, department, or office
methods of congressional oversight include…
- setting guidelines for new agencies
- holding hearings and conducting investigations
- using budget control
- reorganizing an agency
- evaluating an agency’s programs
special for Senate: confirming cabinet heads and judicial appointments
foreign policy
- right to declare war
- Senate: ratify treaties
War Powers Resolution
- passed by Congress in 1973
- response to presidential action during Vietnam War
- ensures that Con
War Powers Resolution
- passed by Congress in 1973
- response to presidential action during Vietnam War
- ensures that Congress has greater voice in presidential decisions committing military force to hostile situations
- president needs to notify Congress within 48 hrs of deploying troops and must bring home troops within 60-90 day unless Congress extends time