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Politics (USA) > Congress > Flashcards

Congress Flashcards

1
Q

What is the nature of Congress (hint: number of chambers)? What are the respective chambers called?

A

Bicameral

House of Representatives and the Senate

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2
Q

What are the election cycles in Congress? How does this differ to the UK?

A

US:
HoR elected every 2 years
Senators serve 6 year terms (1/3 of the Senate is put up for election every 2 years)

UK:
MPs elected every 5 years
HoL not elected

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3
Q

How are Congressmen assigned to represent the public? How does this differ to the UK?

A

US:
Representatives proportionally represent states based upon population
2 Senators per state

UK:
1 MP per constituency

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4
Q

What are some exclusive powers to the HoR? (3)

A
  1. Impeachment - power to accuse any executive or judicial officer (including President) of acting unconstitutionally/beyond their authority
  2. Power of the purse - HoR can initiate money bills
  3. Electing the President when no candidate receives an absolute majority and Electoral College is in gridlock (very rare - only used twice in 19th century)
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5
Q

How many times has the HoR used their impeachment powers? Example (2)?

A

17 times
Impeached Richard Nixon (Watergate scandal) and Bill Clinton (over perjury and obstruction of justice following sexual harassment allegations)

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6
Q

Why does the HoR have the power of the purse?

A

Chamber that is more immediately representative of the public should have the power over how public money is spent (NO TAXATION WITHOUT REPRESENTATION)

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7
Q

How significant is the HoR’s power of the purse?

A

Not very significant as many money bills originate in the executive branch + Senate can totally modify the contents of the bill (provided HoR agree to ths differences in a conference)

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8
Q

What are some exclusive powers of the Senate? (3)

A
  1. Confirms many Presidential nominations to executive and judicial branch positions by a simple majority
  2. Confirms the ratification/withdrawal of a treaty by a 2/3 super-majority (some power of foreign policy)
  3. Runs investigation/trial following HoR impeachment -> if found guilty, accused must resign
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9
Q

How significant is the Senate’s power to confirm treaties? (2)

A

Check and balance on President’s power over foreign policy

  • cannot unilaterally join/withdraw from a treaty
  • power can be used as a negotiating tool
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10
Q

What are some concurrent powers between the HoR and the Senate? (4)

A
  1. Co-equal powers in legislation - both chambers must agree on the final version of the bill + no chamber can override the other)
  2. Constitutional amendments must pass with a 2/3 super-majority in both chambers
  3. 2/3 super-majority required in both chambers to override a President’s veto
  4. Both chambers must agree with a simple majority to declare war (last used in 1941 - used infrequently)
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11
Q

**How does Congress differ to the UK HoC?

A

US:

  1. Both chambers are co-equal in passing legislation
  2. 2/3 supermajority required to amend constitution
  3. Senate holds more exclusive powers than HoL
  4. Senators are elected
  5. Election cycles
  6. Individual Senators hold more influence than Lords (1 in 100)

UK:

  1. HoC can override HoL veto by delaying legislation by 1 year (except for secondary legislation, money bills, and any legislation extending the parliamentary term beyond 5 years)
  2. Simple majority is required to amend constitution
  3. HoL weaker chamber compared to HoC
  4. HoL appointed
  5. Election cycles
  6. Lords hold less individual influence than Senators (1 in 800)
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12
Q

**How are Congress and the UK HoC similar?

A
  1. Both chambers must agree on the final version of the bill (UK - ‘ping-pong’)
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13
Q

What does the House Speaker do? Significance? (5)

A
  1. Presiding officer over the HoR
  2. Maintains discipline in the House
  3. Appoints majority of members on the House Rules Committee -> HRC usually is disproportionally made up of Reps from the majority party -> easier for majority party to further own agenda as they select which bills continue onto House floor for second reading
  4. Appoints chairs of committees
  5. Leader of the Opposition - if of a different party to the President
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14
Q

How is the House Speaker chosen?

A

Voted in by a simple majority by the majority party in HoR - so usually from the majority party

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15
Q

What do the majority and minority leaders do? Significance?

A
  1. Party chief strategist
  2. Liaise with Senate leaders/executive -> makes legislative process smoother (eg. able to flag up issues the POTUS has with the bill early on in its passage; able to see if there is enough support to override the President’s veto)
  3. Chief spokesperson of their party (to the news)
  4. Day-to-day assistance alongside party whips
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16
Q

What are the roles of a standing committee? (3) Elaborate + example

A
  1. Drafting and amending legislation during committee stage - holds hearings to gather research
  2. Running investigations in their relevant policy area - scrutiny and accountability in the executive (policy failures, crises, etc.)
    Eg. House Intelligence Committee investigated into the Trump-Russia issue and concluded that there had been no collusion
  3. (SENATE ONLY) Vets through presidential nominees to relevant policy area -> casts a recommendary vote, which is non-binding, but is usually respected by Senators during the Senate floor vote (due to their expertise)
    Eg. Senate Judicial Committee held hearings over sexual allegations during the confirmation process of SC nominee Brett Kavanaugh

Like UK select committees basically

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17
Q

What is the party balance in a standing committee? Significance?

A

Party balance of chamber is reflected in each standing committee -> easier for majority party to enforce agenda + perhaps less effective scrutiny (eg. Senate Intelligence Committee concluded there HAD BEEN collusion between Trump and Russia whilst House Intelligence Committee concluded NO collusion - Senate tends to be more bipartisan)

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18
Q

How powerful are standing committees?

A

POWERFUL:
1. Heavily involved in the legislative process (draft and amend the bill prior to its second reading before the floor)
2. Ability to investigate increases scrutiny and holds executive accountable -> can be used to instigate an impeachment process
3. Can block Presidential nominations
Eg. Senate Judicial Committee refused to even hold a hearing on Obama’s SC nominee Merrick Garland + suggestions that Trump’s support was strengthened as conservative voters feared the nomination of a liberal judge
4. Declaration of closed rules may strengthen legislative powers as no amendments can be made

NOT POWERFUL:

  1. Floor is able to reject/amend the bill
  2. Bill may not even be allowed to progress onto the floor for a second reading by HRC
  3. Major investigations may be run by select committees instead
  4. Recommendary vote on presidential nominees is not technically binding + voting along partisan lines means that respect for their decision is eroding
  5. Inability for floor to propose amendments under closed rules may doom the bill to failure
  6. Party balance within standing committee may weaken effective scrutiny
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19
Q

What is the role of the House Rules Committee? Significance?

A

They vote and select bills to progress onto the floor for a second reading + determine what level of amendments can be made to the bill. Thus able to block legislation by ‘pigeon-holing’ them

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20
Q

What is the party balance in the House Rules Committee? Significance?

A

Party balance reflected in HRC -> easier for majority party to block legislation that does not fit their agenda

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21
Q

What are the three types of rules assigned to bills by the HRC (in regards to amendments)?

A
  1. Open rules - free for any amendment to be made
  2. Modified rules - limits to what sections/who can propose/how many amendments can be made
  3. Closed rules - no amendments can be made whatsoever
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22
Q

What is the role of a conference committee?

A

To reconcile the differences between the finalised versions of a bill after it has passed through the HoR and Senate

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23
Q

Why is the role of a conference committee necessary? (2)

A
  1. Both chambers have co-equal powers -> no chamber can override the other
  2. Bills pass through both houses concurrently -> bills are likely to end up with different amendments
24
Q

What is the role of a select committee?

A

To investigate issues that either fall within the scope of multiple standing committees, or is such a major issue that it would detract a standing committee from their other duties

25
Q

How are select committees created?

A

On an ad hoc basis

26
Q

What is an example of a significant select committee investigation?

A

House Select Committee on Events surrounding the 2012 Terror Attacks in Benghazi

Led to the revelation of Hillary Clinton’s use of a private email server

27
Q

Is most of the real work done in committees or the chambers? (3 + 4)

A

COMMITTEES:

  1. Heavy legislative action in standing committees (drafting and amending) + conference committee does final amendments
  2. House Rules Committee has a high control over the legislative agenda (BUT cannot propose bills, can only choose from those already submitted)
  3. Scrutiny and checks and balances centralised in standing committees and select committees (investigations and presidential nominee confirmations)

CHAMBERS:

  1. Floor can veto/amend a bill in its entirety + both chambers must agree to the finalised version of the bill before it progress to President
  2. Floor need not follow advice of standing committees when confirming presidential nominations
  3. Floor can force a bill onto the floor (against the HRC wishes) through a discharge petition
  4. Super-majorities required in both chambers to pass constitutional amendments, override Presidential veto, declare war (simple majority) or ratify treaties (Senate)

CONCLUSION:
Most of the legislative and accountability functions are carried out predominately in the committees, however the chambers do possess powers over certain functions that committees do not. Chamber most like a check and balance of committee work.

28
Q

What is the legislative process? (5)

A
  1. Introduction
    - bill is simply read out (Senate) or placed on clerk’s desk (HoR)
    - no debate or vote
  2. Committee stage
    - standing committees meet with experts, congressmen, executive members, members of the public, interest groups, etc. to gather research
    - *amendments proposed and voted upon individually
    - *vote to allow bill to progress to next stage
    - *most bills fail at this stage (as insufficient manpower to go through every proposed bill)
    - more popular bills have higher chance of being selected for committee consideration
  3. Timetabling
    - House Rules Committee chooses which bills can progress onto the floor + determines the scope of amendments allowed/order of bill progression
    - Minority and majority leaders in Senate decide on the order through a unanimous consent agreement
    - *bills may be ‘pigeon-holed’ and never progress onto the floor
    - bills that have been blocked by the HRC can be forced onto the floor by the chamber through a discharge petition (simple majority)
  4. Floor debate + vote
    - HoR debate bill + propose amendments
    - Speaker determines length of debate
    - *amendments must be agreed upon individually
    - *vote to allow bill to progress to next stage (simple majority)
    - filibustering (due to unlimited debate) in Senate can block the passage of a bill (though this can be stopped with a cloture motion, requiring 16 Senators request and then 60% of Senate approval)
    - if there are minor differences, may simply be reconciled between majority and minority leaders of both chambers
    - if major differences, conference committee is called
    - *both chambers must approve of the finalised version of the bill (if not, goes back to CC, then back to chamber, and if again not finalised, goes back to standing committees)
  5. Presidential action
    - *President may sign, veto, pocket veto or be neutral (and let bill naturally become law)
    - Congress may override Presidential veto (2/3 supermajority in both chambers required)
29
Q

What are the strengths and weaknesses of the legislative process? (5 + 4)

A

STRENGTHS:

  1. Ensures broad support for legislation/controversial bills less likely to be passed
  2. High degree of debate and scrutiny -> high-quality legislation (but not necessarily?)
  3. Checks and balances prevent a tyrannical government from forcing through legislation
  4. Small states have co-equal power to large states through Senate filibustering
  5. Filibustering can allow a large minority to thwart the will of a small majority

WEAKNESSES:

  1. Need to overcome many stages (committee, HRC, chambers, President)
    - > necessary/urgent legislation may not be passed
    - > low success rate (but this may be filtering out low-quality legislation)
    - > divided government + increase in partisanship -> gridlock
  2. Legislation may lack coherence/lose key purpose due to dilution by many interests
  3. Only 1 person can halt legislation (filibustering in Senate + presidential veto)
  4. Many obstacles facilitates pork-barrelling
30
Q

What is an example of a Senator filibustering?

A

Senator Ted Cruz gave a speech against the Patient Protection and Affordable Care Act lasting over 21 hours

31
Q

What is the record number of cloture motions and in what year did it occur?

A

253 motions in 2013-2014

32
Q

What is the majority size required to trigger a discharge petition?

A

Simple majority

33
Q

What is the majority size required to trigger a cloture motion?

A

16 Senators must request it + 60% Senate approval

34
Q

How much money was lost to pork-barrelling in 2018?

A

Nearly $15 billion

35
Q

What are some differences between oversight in the UK and US?

A
  1. Any MP can request to question a cabinet member (UK) whilst whole committee must agree to question a executive official (US)
  2. PM can be directly questioned (UK) where President cannot (US)
36
Q

Is congressional oversight an explicit or implicit power?

A

Implicit

37
Q

What factors influence Congress’ oversight of the executive? (4)

A
  1. Party control - divided government will lead to more effective scrutiny
  2. Partisanship - oversight is carried out solely along partisan lines (ie. Democrats will always criticise a Republican executive, and vice versa)
  3. Popularity of President - if President has high approval ratings, Congress is less likely to scrutinise their actions/decisions as they seek re-election (so follow public opinion in supporting President)
  4. Policy area - domestic or foreign policy (congress has less oversight over foreign policy)
38
Q

What does oversight refer to? (3)

A
  1. Scrutiny of President and executive branches actions (whether they are constitutional or within their authority)
  2. Checking the spending of the executive
  3. Protecting citizen’s rights from violation
39
Q

What powers has the Senate granted itself to better fulfil its function of oversight? (3)

A
  1. Power to subpoena testimony and witnesses to Congress
  2. Made it illegal to lie before Congress
  3. Ability to hold people in contempt of Congress
40
Q

What is an example of popularity of the president affecting oversight?

A

Number of oversight hearings fell from over 130 (1993-1994) (Democrat controlled Congress to Bill Clinton) to over 30 (2003-2004) (Republican controlled Congress to George Bush). After 9/11 attacks, approval ratings of George Bush increased to over 90%.

41
Q

What is an example of partisanship affecting oversight?

A

Supreme Court nominations since Robert Borke have been completely partisan - eg. All Republicans approved of Brett Kavanaugh and all Democrats voted against his confirmation (except for 1 Republican and 1 Democrat)

42
Q

What is an example of party control affecting oversight? (2)

A
  1. Republicans held 8 committee hearings over the Benghazi terror attacks (under Obama)
  2. Republicans did not issue any subpoenas to the Trump administration (only Democrats did), and did not criticise the President when he did not respond to thee subpoenas and refused to submit tax returns
43
Q

What is an example of policy area affecting oversight? (3)

A
  1. Congress has not declared war since 1941
  2. Passed authorising resolutions in 2002 to grant Bush full authority over the invasion in Iraq
  3. Clinton bombed Kosovo without Congress’ approval
44
Q

**How effective is oversight of the executive?

A 
EFFECTIVE:
1. Standing committees can block a presidential nominee
Eg. Merrick Garland
2. Foreign policy
- 
3. Power of the purse
- 
4. Impeachment and removal
5. Investigations
6. Legislation
NOT EFFECTIVE:
45
Q

What are the three models of representation?

A
  1. Social representation - Congress physically represents the US accurately in terms of the social makeup
  2. Delegate model - Congressmen should vote according to their district views, with little to no consideration of their private judgement
  3. Trustee model (Burkean) - Congressmen should vote according to their private judgement (as they have better judgment on what is in the national interest)
46
Q

What are some ways congressmen are able to remain in touch with their district? (4)

A
  1. Receive emails, calls, social media messages from public
  2. Receive briefings from their office secretary/news
  3. Hold ‘surgeries’ (meet-the-people sessions) in town halls
  4. Visit areas in the district (eg. schools, hospitals)
47
Q

How can congressmen fulfil their representative function? (ie. ensure district views are heard in Congress) (4)

A
  1. Vote according to public opinion
  2. Give evidence to/legislate in a standing committee
  3. Lobby executive bodies
  4. Performing constituency casework (eg. helping them gain a passport, etc.)
48
Q

What proportion of Congress are women? How does this compare to the US population?

A

25% VS 51%

49
Q

What proportion of Congress are of an ethnic minority? How does this compare to the US population?

A

Over 20% VS 39%

50
Q

How do the parties differ in gender and ethnic minority representation?

A

Most women and ethnic minorities are come from the Democrat party

  • over 110 female Dem and just over 20 female Rep
  • 90% of ethnic minorities are Democrat, 10% Rep
51
Q

How accurate is the ethnic minority representation in Congress? (2)

A
  • Blacks and Native Americans are accurately represented

- Asians and Hispanics are underrepresented (about half the actual population rate)

52
Q

Is Congress improving in terms of representing ethnic minorities? (2)

A
  • Congress has become progressively more ethnically diverse (beaten its own record for the last 5 years for being the most diverse Congress ever)
  • Gap between white representation in Congress and the proportion of white Americans has actually widened (14% in 1980s, 17% now) -> rate of decline in proportion of white Americans is faster than the decline of white congressmen
53
Q

How accurate is the age representation in Congress?

A

Average age in USA is 38, average age in HoR is 58, in Senate is 62

54
Q

How accurate is the representation of religion in Congress? (3)

A
  • Christians, Protestant and Jewish are slightly overrepresented
  • Muslim and Mormon are accurately represented
  • Non-religious affiliations are underrepresented
55
Q

What are the top 3 careers of congressmen?

A

Business, law and politics

56
Q

How accurate is the representation of education in Congress?

A

All Senators and 97% of Representatives have a college education VS a third of the country

57
Q

Who is the youngest current member of Congress?

A

NY Rep Alexandra Orcasio-Cortez was elected at 29 years old

Politics (USA) (3 decks)

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