congress and the constitution Flashcards
which article and section of the constitution are congress’s powers laid out in?
Article 1 section 1
what type of legislature is congress?
Bicameral
in what form must laws be passed by both individual houses?
Identical
What are some examples of enumerated powers that congress use to shape their legislation?
Control of trade amongst states, regulation of foreign trade and the raising of an army
What is a resolution?
Congress can pass them and they are used to make or amend rules or express congressional sentiments. A joint resolution, signed by both houses and the president has the force of law e.g. the Gulf of Tonkin resolution allowed the large scale invasion of Vietnam;
Congress can propose constitutional amendments, what needs to happen so that they can pass?
2/3 of both houses must agree and 3/4 of the states.
Give an example of a close constitutional amendment vote? 1997
March 1997 a federal balanced budget amendment was killed in the senate by one vote
What are implied powers of congress?
Powers congress has gained that aren’t specifically laid out in the constitution. In recent years the Supreme Court has been keep to limit some of the powers assumed by the legislature,
How does Congress use the power of the purse?
The president submits a proposed budget annually, drawn up by the Office of Management and Budget (OMB) which lies within EXOP, However congress decides on taxation government borrowing and spending. Money bills originate in the senate but must be passed by the house as well.
What are congress’ oversight powers?
It reviews and monitors the work of the executive branch and the departments and agencies which constitute the federal bureaucracy. Oversight or ‘watchdog work’ is undertaken through congress’s committee structure. Proposals to restructure or reorganise the bureaucracy require congressional consent.
What are the Senates advice and consent powers?
It can confirm or reject the appointment of senior federal officers such as ambassador, federal judges and cabinet secretaries
It ratifies treaties with a 2/3 majority
What happens with Impeachment?
Congress can remove federal judges and those who staff the executive branch, including the president.
Impeachment proceedings are the responsibility of the house, this is followed by a senate trial. The house of representatives arresting someone takes a simple majority but to be found guilty in the senate a super majority must be held.
When was the last time the senate rejected an appointment?
1989
John Tower for defence secretary
usually they resign if it looks like they will be rejected
Does Congress use its power to declare war?
NO its only been used 5 times!!!
Congress sought to constrain the president with the War Powers Resolution of 1973 which stipulated that congressional approval must be given for medium to long term military actions overseas.
Where does the real election happen? Why?
At primaries
Due to Gerrymandering ect the fight is within the party. Gerrymandering is deemed acceptable because both parties do it
