Congress essay plans Flashcards

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1
Q

How are senators more saught after as a job than HoR ppl

A

Senators are elected every 6 years (with 1/3 of the Senate being replaced every 2 years) giving them greater power to act independently and make their own self-interested choices. This can be seen in the 12 republican senators who approved a proposal to revoke Trump’s declaration of an emergency on the US-Mexico border in March 2019.

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2
Q

What are the exclusive powers of the senate?

A
  • trial of public official
  • Exec power to ratify treaties
  • Ability to confirm exec appointments
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3
Q

How many republican senators voted in favour of Trumps impeachment

A

7

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4
Q

When did senate reject treaty?

A

Treaty of Versailles, also w Obama backed treaty on disabled rights in 2012

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5
Q

Ability to confirm appointments

A

over 1200 senior appointments of Cabinet members, some members of EXOP and all federal judges including Supreme Court judges are scrutinised through the senate committee hearings and Senate can confirm presidential nominations by a 50% + vote.
. Really important aspect of scrutiny increasingly politicised given increasing partisanship; as seen in when the Republican-controlled Senate refused to the nomination of Merrick Garland by Obama – the nomination remained before Senate for 293 days, and with the failure of the nomination, Trump could then nominate Neil Gorsuch successfully. So, this power is crucial as it can shift the ideological balance of the supreme court for many years (with Merrick having been set to replace the very conservative Antonin Scalia)

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6
Q

How does the senate have more powers?

A

House have exclusive powers e.g impeach, elect president if split electoral college and consideration of all money bills

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7
Q

How are hor consideration of money bills limited?

A

For example, when a bill that would have sent relief money to Puerto Rico after Hurricane Maria was rejected by Senate republicans after being passed by House democrats

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8
Q

What shows the importance of representation within American politics?

A

: In a letter, James Madison established his intentions for ‘a republic, by which I mean a government in which the scheme of representation takes place’

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9
Q

What shows huge diversity in America?

A

o 116th Congress most representative ever. The populism and shift of the Overton window by Trump has been reciprocated by a far more diverse democrat base.
Talk about all these ppl dem

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10
Q

What shows huge inequalities in 116th Congress

A

NPR - majority of 116th congress are millionaires

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11
Q

What shows that Congress is still representative despite consider the ‘resemblance’ model not necessarily relevant for analysis of representation?

A

Mitch McConnel got 64% in 2004 of the vote whilst AOC got 57%

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12
Q

How much did AOC get in 2020

A

71%

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13
Q

How many House democrats are not white compared w. republicans.

A

34% democrats

2% republicans

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14
Q

Whats age dominates congress

A

54% of congres but 23% of population

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15
Q

How can it be argued that representation is shit in congress through actual models of representation?

A

Winner take all in single plurality winner districts, voters
highest total vote-getter winning election, even if he or she has received less than half of the vote.

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16
Q

How does the structure of congress ensure lack of represenation?

A

o Not only is this aspect of the voting system flawed, but the way Congress is structured is flawed: whilst in the House of Representatives, the number of Representatives per state is allocated based on population, with the Senate, each state regardless of size gets two votes. It takes more ‘votes’ to elect a representative in California than in Wyoming. Translates into contentious issues like Kavanaugh vote: the 51 Republican senators of the 115th Congress represented about 143 million people, according to July ‘18 Census Bureau state population estimates. The 49 Democratic senators represented about 182 million people, nearly 40 million more. That’s about 2.8 million people per Republican senator and 3.7 million people per Democratic senator. So, when the Senate voted for Kavanaugh to be elected, this isn’t representing the people as the delegate or trustee model sets out.

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17
Q

How does structure of congress ensure representation

A

Lack of executive influence over Congress ensure accountability to the public not president as seen in how Susan Collins as a moderate Republican often voters against her own parties.

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18
Q

How does the delegate model ensure lack of representation

A

the latest Gallup poll illustrates how only 18% of people approve how Congress is handling its job (which ostensibly is representation.)

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19
Q

How does the trustee model not follow through

A

o Nowadays, Congress can also be said to be unrepresentative; for example, in 59% stating that say Russian interference in the election is a serious matter that should be investigated. It’s arguable that increased partisanship has meant that politicised issues are dealt with poorly; More recently, House Speaker Paul Ryan has resorted to verbal jujitsu when asked about the president’s behaviour as it relates to the Russia investigation, calling the legitimate attempts to safeguard our democracy a “political distraction.”

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20
Q

What did Paul Ryan say in the Ben Shapiro interview as well as how mid-terms are referendum on president

A

o In Gallup’s polling history, presidents with job approval ratings below 50% have seen their party lose 37 House seats, on average, in midterm elections

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21
Q

What shows presidents actions being a factor in mid terms?

A
  • since 1994, mid-terms have arguably become ‘nationalised’ and elections such as 1994, 2006 and 2010 were all elections in which the president’s record was a factor in his party’s loss of seats
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22
Q

What is a major factor in mid terms being a referendum for Presidents (think mulla)

A

o President also won’t be able to move legislation through Congress easily. But Senate victory for Trump will mean easier appointing of judges and position strengthening. The very nature of the checks and balances system means that if the populous want the president to be able to do stuff over coming two years they have to vote for his party in the elections. E.g., Barack Obama’s promise to revive the federal assault weapons ban hit a wall with Congress.

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23
Q

What was the biggest issues for ppl in the 2018 mid terms

A

Noteworthy to members of the life science community, healthcare was the number one issue for voters cited in exit polls.

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24
Q

What significance did the 2018 mid terms have against Trump

A
  • With 2018 midterms especially, underlying current that Dems would use victory in House of Representatives to make life difficult for Trump by taking over committees to scrutinise the President
    o For example, demanding that he release tax returns and launching further investigation into the possibility of collusion with Russia
  • Mueller report and 2019 impeachment attempt at obstructing justice
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25
Q

What are the two most significant mechanisms of HoR oversight onto exec

A

Two of the most significant mechanisms include holding congressional hearings as well as sending letters to executive branch agencies and to individuals involved in executive branch operations.

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26
Q

Was the 116th congress a lame duck?

A

Nothing lame about this lame duck: 116th Congress had busiest post-election session in recent history
just under 1/3 of all bills were past post election

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27
Q

What was Trumps coattrail saying?

A

Of the 241 Republican House candidates elected at the same time, Trump outran just one out of 10. i.e barely existant

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28
Q

Could you argue there is negative coattail

A

Ye, esp with Trump and Obama
Since 1952, control of the House has changed hands five times, all of which were in midterm elections (1954, 1994, 2006, 2010 and 2018) and all of which were at the expense of the incumbent President’s party.

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29
Q

How can the record of congressional leadership be a factor?

A

o e.g. the Republicans’ campaigns against the ‘Pelosi-Reid’ agenda in 2010; in 1998 the strategy of the congressional Republican leadership in pursuing impeachment proceedings against the president may have been a factor in Democratic gains
o 1998 Republican Congressional desire to impeach Clinton (Speaker Newt Gingrich and other Republicans had hoped to transform the campaign into a public outcry for Mr. Clinton’s impeachment) led to surge of Democrat victories to try prevent this

30
Q

What also shows midterms not to be influenced by president?

A

Individual candidates

31
Q

How have individual candidates become more important than presidents in mid-terms?

A

o In 2018, for example, sense of rebellion against general shift to the right and specific dislike of certain candidates; for example, in Minnesota, pro-Trump politician who questioned why one couldn’t call women ‘sluts’ was beaten by first openly gay woman to be elected to Congress. Progressive victory due to political climate and that particular candidate. new crop of progressive representatives taking their seats – among them Alexandria Ocasio-Cortez, Alyssa Pressley and Ilhan Omar. ‘Pink Wave’ (an increase of 15 seats from 85 in 2016 to at least 100 in 2018)

32
Q

What issues have had bipartisan support recently?

A

Bipartisan issues like social media regulations, criminal justice reform, financial regulations, and more could be primed for reform under divided government.

33
Q

What will republicans be looking to do and will probs work bipartisanly

A

, under a Democratic President, Republicans may be more willing to address unilateral executive authorities like emergency declarations, appropriations transfers, reprogrammings, and dispersal, which could receive renewed attention after several years in which Congress’s power of the purse was repeatedly challenged.

34
Q

What has the 116th congress done in oversight?

A

Congress has conducted investigations into a range of problematic incidents involving President Donald Trump and officials in his administration
held Attorney General William P. Barr in contempt of Congress for his refusal to comply with a congressional inquiry;
applied sufficient public pressure to see the resignation of several Trump administration agency heads amid ethics scandals;
and, most famously, the House impeached Trump on counts of abuse of power and obstruction of Congress. (Of course, the Senate then decided to acquit him.)

35
Q

Example of extreme partisanship

A

the
Chair of the Senate Budget Committee when considering the budget that
President Trump submitted. Senator Mike Enzi, a Republican from Wyoming
decided to have no committee hearing on the President’s 2021 budget proposal
saying it would only create ‘animosity’ between Democrats and the President’s
administration (see Box 7.2).

36
Q

What showed bipartisanship throughout covid?

A

bill giving $8bn of funding to fight COVID-19 passed the Senate by 96 votes to 1, and the House of Representatives by 415 votes to 2.

37
Q

What is a rare show of bipartisanship?

A

Foreign policy
However, in January 2019 the House of Representatives voted overwhelmingly to pass the NATO Support Act that would prevent the president using federal funds to withdraw from NATO.

38
Q

What are the most important factors in voting behaviour within congres

A
  • Political parties
  • Public opinions
  • Caucuses
  • Interest groups & lobbyists
39
Q

What are two main factors within political parties being important in voting behaviour of congress ppl?

A
  • In causing sense of unity/pressurising

- Party through leadership pressure

40
Q

Party most important in causing sense of unity/pressurising

A

Representatives pressurised to vote according to majority party view
Zero republicans voted for Obama’s stimulus budge in 2009; polarisation between Democrats and Republicans in the current Congress worse than ever. Both republicans and democrats now massively pressurised into voting against the opposition, also compounded by increasing partisan antipathy as found in a study by Pew tat illustrated Republican’s with ‘very unfavourable’ attitudes to Democrats increased 21 to 58% 1994-2016, and similar Democrat unfavourable attitudes about Republican party going from 17 to 55%.

41
Q
  • Party leader pressure being a factor?
A

Those who’ve opposed Pelosi have soon found themselves stripped of a committee: just look at John Dingell and Jane Harman — two Dems who clashed with Pelosi and who somehow ended up losing their committee chairmanships
also rewards supporters

42
Q

How is political parties not a significant factor for congress ppl voting behaviour?

A

Party leaders have limited power over own party given ineffective patronage and whipping with many congress members more interested in listening to ‘folks at home’. This is exacerbated by the factionalism within parties; arguably, the Democrat/Republican split can be split into the centre-left elements, the progressives, the ‘moderate’ centrists, the centre-right republicans, and conservative/Christian democrats, alongside strongly nationalistic republicans; if it were to be a multi-party system coalitions could emerge but the two party system prevents this so co-operation is rarer but equally it enables party splits. 12 republican senators who approved a proposal to revoke Trump’s declaration of an emergency on the US-Mexico border in March 2019 highlights independence from parties, especially in comparison to systems with more patronage like UK

43
Q

Example of republicans voting against trumo?

A

12 republican senators who approved a proposal to revoke Trump’s declaration of an emergency on the US-Mexico border in March 2019
10 republicans voted in 2021 impeachment of Trump

44
Q

How are Public opinion and constituency more important

A

o Representatives are subject to frequent elections so are held accountable to the public; they often vote based on what is significant for their constituents. For example, in 2009 several Democrats dropped support for ACA after meeting with constituents and rising opposition to the bill.
Also seen w 10 republicans voting to impeach trump, want to distance themselves

45
Q

How are caucuses most important factor in voting behaviour for congress ppl dem

A

Example of the ‘freedom caucus’ of conservative House republicans, where 80% of members can commit the entire group to voting together (Founded 2015 after legislative compromises with Obama). Has had large influence; for example, it attempted to eliminate the Export-Import Bank, working with the chairman of the Financial Services Committee to ensure the bank’s authorisation expired. The group developed strong relations with the President and leveraged their ties to push for government shutdown when it seemed Congress would pass limited funding for a southern border wall.

46
Q

What are examples of Cacauses

A

o Caucuses within congress significance in influence; some ideological groups like the Blue Dog Democrats, other factions based on social characteristics like the congressional black caucus, and others based on economic interests like the Congressional Steel Caucus. Caucuses often vote together on legislative issues so have large influence.

47
Q

How does checks and balances force compromise and prevent tyranny (legislative process successful and effective)

A

o Legislative process involves compromise because of the bicameral power of House/Senate and compromises between parties as well. A proposal can bypass through both chambers with House and Senate producing alternative versions of a law which have to be reconciled through conference committees.

48
Q

Example of checks and balances working?

A

Recent example of a conference committee would be the one created as part of the deal to end the 35-day government shutdown; consisting of 9 Democrats and 8 republicans trying to compromise together; then February 2019 a border security compromise averting a second shutdown where $1.4bn for border barriers was to be provided.

49
Q
  • Detailed consideration of bills creates quality policy

legislative process successful and effective

A

Bills can be initiated by president, party leaders, but also committees and individual members reflecting a wide range of ideas; then Bills are reviewed in senate and house committees examining and amending them, passing to the senate floor or house rules committee before having full house or senate votes. This detailed consideration of bills creates quality policy.

50
Q

Example of detailed consideration of bills creates quality policy

A

. Example of amending to be found in House Judiciary Committee 2019 approving legislation to bolster background checks for guns sales following Republicans offering amendments to the bill for example allowing transfers of guns in certain circumstances

51
Q

Individual/state rights protected through amendments/filibusters (legislative process successful and effective)

A

o Individual Senators can introduce amendments and filibuster on basis of equal state power and interests (only can happen in Senate). Filibusters can be used to stop or delay legislation/presidential appointments. For example,

52
Q

Example of Individual/state rights protected through amendments/filibusters

A

, DREAM act 2010 failing to get 60 votes needed to overcome Republican filibuster or Democrat Chris Murphy filibustering to force a vote after Sandy Hook in 2012 where he said he’d only end the filibuster once Senate agreed to votes on two key gun control measures.

53
Q

What is an argument against filibustering

A

Biden says he agrees with Obama that filibuster is ‘a relic of the Jim Crow era’
“The record for the longest individual speech goes to South Carolina’s Strom Thurmond, who filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957.”

54
Q

What factors show the legislative process as not successful and effective

A
  • Inefficiency and low output because of excessive compromise
  • High levels of partisanship leading to less compromise and more gridlock
  • Poor quality legislation from too much compromise, and from pork-barrelling
55
Q

Inefficiency and low output because of excessive compromise (Legislative process not successful and effective)

A

116th congress344/14k enacted - 2%
Committee chairmen can pigeonhole bills, and add earmarks relating to additional spending clauses; the house rules committee timetables all bills for debate and through this can determine whether bills can fail.

56
Q
  • High levels of partisanship leading to less compromise and more gridlock(Legislative process not successful and effective)
A

o Use of the conference committee process has steadily declined: 67 conference reports in the 104th Congress (1995-96), falling to just 3 conference reports in the 113th Congress (2013-14). 7 in the 115th. Appears that Democrats willing to have government shutdown over Republican failure to address DACA/dreamers, and Trump shutting it down over lack of funding for wall, trying to hold each other hostage. Recent 35-day government shutdown longest in history

57
Q
  • Poor quality legislation from too much compromise, and from pork-barrelling(Legislative process not successful and effective)
A

o As seen in ACA 2010 original bill introduced 187 days before it was signed into law; congressional agenda constrained during this time, with vitriol around this bill and sluggish progress making public approval of Congress drop from 31 to 18%, ending with a bill that LSE states ‘most experts regarded as imperfect’. Excessive need for compromise slowing down progress and creating imperfect results.

58
Q

Porkbarrel (Legislative process not successful and effective)

A

o Pork barrel politics common wherein members of Congress propose amendments to legislation that will bring benefits to particular groups; if expenditure added to a bill that benefits a constituency it’s referred to as an earmark.

59
Q

Example of porkbarel

A

. E.g. 2016 legislation passed spending $475m on a new navy ship the defence secretary didn’t want, supported by representatives Byrne from Alabama and Ribble of Wisconsin who represent districts with major shipbuilding companies. Pork-barrelling also gives the president undue influence allowing them to use programmes as bargaining chips; e.g. Reagan promising not to close a military installation in Congressman Bill Goodling’s district in return for Goodling agreeing to support a tax cut.

60
Q

Evaluate the impact and effectiveness of laws passed by Congress in recent times
(Large impact/effectiveness in recent times) - key bills

A

o Affordable Care Act 2010
o Freedom Act 2015
o Deal by - congressional negotiators ending 35-day govt shutdown, providing $1.375bn whereas Trump had requested more than $5bn

61
Q

Affordable Care Act 2010

A

requiring almost all Americans to have health insurance, with provisions for those on low or no income; requiring insurance companies to ensure those with pre-existing conditions

62
Q

Freedom Act 2015

A

created after Edward Snowden revealed Patriot Act was being used to monitor US citizens, reauthorizing many provisions of Patriot Act, giving government powers to collect bulk communications data

63
Q

Little impact/effectiveness in recent times - Key bills that failed to pass

A
  • o Dream act
  • o Gun regulations
  • o Budget shutdown in 2013/2019
64
Q

o Budget shutdown in 2013/2019

A

o Budget shutdown in 2013: gridlocked due to lack of agreement on ‘continuing appropriations resolution’, disagreement centring on spending levels, budget deficit and Affordable Care Act. Lasted 16 days, cost of $24bn. then more recent gridlock lasting 35 days over a bill for spending for building the wall

65
Q

Dream act

A

o Dream act advocated by Obama in 2008 and 2012 election campaigns, allowing all illegal immigrants arriving before 18th birthday to have right to remain; filibustered in Senate. Obama using temporary executive orders to achieve some policy goals.

66
Q

Gun regulations

A

o Gun regulations proposed in various forms by president and Congress; legislation developed by Biden after the Sandy Hook shooting defeated in Senate, would have banned some assault rifles/ limited size of magazines and increased use of background checks

67
Q

How is congress limited in its impact in oversight?

A

Taboo surrounding overidding of veto - Obama veto was called ‘a dangerous precedent’ by Obama

  • War is labeled as military intervention to bypass congress - war powers act ineffectedd
  • Executive orders
68
Q

Congress limited in legislative capabilities

A

o As in above essay, inability to pass legislation often because of the necessity of compromise and increasing partisanship; very low number of bills passed.

69
Q

Congress limited due to checks from other branches

A

o Judicial review can declare Acts of Congress unconstitutional: the Founders did not set up three ‘coequal branches’ of government, being particularly precise setting up Congress in Article I, which is 10 times longer than Article III setting up the judiciary. The Founders didn’t even bother pick a number of justices for the court. This vagueness allowed the Court, in the landmark case of Marbury vs. Madison in 1803, to ‘discover’ for the first time a supposedly unwritten power in the Constitution, making them the supreme decider in constitution matters

70
Q

How is congress able to scrutinise successfully (vetos)

A

o Congress can w/supermajority veto presidential vetoes: This enables a check on presidential vetoes, for example when in 2016, Congress overturned Obama’s veto of a bill that would allow families of the victims of the September 11 terrorist attacks to sue Saudi Arabia

71
Q

How is congress able to scrutinise successfully (power of the purse)

A

o Congress has ‘power of the purse’: The US Constitution gives the Power of the Purse to Congress in Article I, Section 9, Clause 7, known as the Appropriations Clause and Article I, Section 8, Clause 1, known as the Taxing and Spending Clause. Seen most recently in government shutdown when the Senate rejecting a House spending bill that demanded $5.7 billion for a wall along the US-Mexico border. Able to control the legislative agenda

72
Q

How is congress able to scrutinise the judicary?

A

o Also scrutinises the judiciary: confirms presidential appointments as with Kavanaugh, and has the power of impeachment, which it can use to control the judiciary. For example, in 2014 Mark Fuller was arrested after hitting his wife whilst drunk. The House Judiciary Committee announced Fuller had committed impeachable offenses. Fuller said he would resign on August 1, 2015, but then said he might change his mind. The House Judiciary committee stated he would indeed be impeached if he didn’t resign by the date he originally announced, which he then did, a clear example of Congressional coercion.