Congress - legislation and oversight Flashcards

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1
Q

What happens at the Introduction?

A

Formality: no debate and no vote

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2
Q

What are the stages of legislation in congress?

A
  1. Introduction
  2. Committee Stage
  3. Timetabling
  4. Floor debate and vote on passage
  5. Conference committee (optional)
  6. Presidential action
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3
Q

How many bills are introduced each congress?

A

anything between 10,000 and 14,000

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4
Q

What % of bills produced make it into law?

A

2-4%

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5
Q

What happens at the committee stage and what makes it important?

A

More bills fail here than at any other stage, because there’s too many bills to handle.
A significant number are pigeon-holed (put to one side) with no action taken
However, those with a wide range of support are given hearings, so it’s largely in committee’s hands which legislation is sieved out
Standing committees are regarded as policy experts and they can amend what they like- anything can be added or taken away

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6
Q

What happens at the timetabling stage and why’s it important? How does it vary in each house

A

This helps to deal with the legislative traffic jam and decide what is debated on the floor of each house
Senate uses a unanimous consent agreement: an agreement between the Senate majority and minority leaders on the order in which bills will be debated on the senate floor
House deals with it through the House Rules Committee: they decide which bills make it onto the floor and the ruling of the bill (the level to which amendments can be made)- this makes the chair of the House Rules Committee one of the most influential posts in Congress

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7
Q

What can the House do if the House Rules Committee doesn’t give a bill a rule?

A

The discharge process: a discharge petition must be signed by an absolute majority of House members - 218. Once this has been fulfilled, the bill is discharged from the Rules Committee and comes automatically to the floor of the house

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8
Q

What happens in the floor debate and vote on passage?

A

First opportunity for the full chamber to debate the bill, with simple majorities required to make amendments and pass the bill
The bill must pass each house in the same form and if there are any differences, these can be reconciled in informal discussions

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9
Q

What is the filibuster and where does this happen?

A

In the senate, there is a possibility of a filibuster, where senators can exercise their right of unlimited debate to delay a bill
The number of filibusters has significantly increased in recent years

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10
Q

How can the filibuster be ended

A

Ended by a closure - this is a petition which must be signed by 16 senators and then voted for by at least 3/5th - 60- senators

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11
Q

What happens in the conference committee stage

A

This is an optional stage and occurs if there is significant differences in the passed bills between the two houses

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12
Q

How has the conference committee stage changed?

A

The use of the conference committee has declined in the last 25 years. Although it’s still used for important acts like the Tax Cuts and Jobs Act 2017. Increasingly, a UK style of ‘Ping-ponging’ has become prevalent, where bills from one house are offered on a take it or leave it basis

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13
Q

What can the president do when a bill lands on their desk?

A

-Sign the bill into law
-Leave the bill on their desk- this is if he doesn’t like the bill but knows Congress would override his veto. It then automatically becomes law in 10 days
-Regular veto- bills he strongly opposes
-Pocket veto- within 10 day of the end of the session

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14
Q

Why did the Founding Fathers purposefully make it difficult to carry out the legislative process?

A
  • so it couldn’t be dominated by one group
  • compromise would be needed
  • only law which was necessary passed
  • Allows the states to keep quite a considerable amount of power over their own state laws
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15
Q

What has recently made passing legislation so incredibly difficult?

A

The rise of partisanship

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16
Q

Arguments that the legislation process is ineffective?

A

-Only 2-3% of bills are passed compared to 6-7% in the past. This is due to increased partisanship and legislative gridlock in times of divided government. In contrast united government can see legislation pass without suitable scrutiny
-Both houses possess equal power, making the process more difficult
-Congress finds it difficult to overturn presidential vetoes, frustrating its ability to legislate, although the number of vetoes has significantly declined
-The decline in conference committees mean the final bill is decided by just a few people, mostly from the majority party
-Key individuals such as the Speaker of the house and majority leader dominate the process

17
Q

Arguments that the legislative branch is effective?

A
  • the aim of Founding Fathers was to have a limited government so the lack of legislation shows the process is effective in this. Only necessary legislation is passed
    -Congress has passed some significant pieces of legislation
    -Ensures compromise and creates a need for bipartisanship
    -Congress has been able to pass emergency legislation e.g. CARES act
    -Congress can reject legislation proposed by the president which is an important check on the power of the president
18
Q

What will your view on whether congress is effective in legislation depend on?

A

Your Political view - Democrats feel it’s the role of the state to intervene and pass legislation to enable citizens while Republicans place significance on limited government

19
Q

What checks and balances does Congress have over the executive?

A

-Investigate executive action
-Decides on money control
-Must ratify treaties
-Can veto the president’s veto
-Declares war
-Impeaches the president

20
Q

What is the composure of standing committees like in each house?

A

Senate: 18 members (ish)
House: 30-40 members
The party balance is proportionate to each house

21
Q

What are the roles of standing committies?

A
  1. conducting the committee stages of bills
  2. Conducting Investigations
  3. In the Senate, confirming presidential appointments - particularly from the Judiciary and Foreign Relations committees
22
Q

How many modern presidents have been impeached by the HOR and how many of these have been confirmed in the Senate

A

4 presidents have been impeached:
-Johnson
-Clinton
-Trump
-Biden
The senates acquitted on all four occasions with a 2/3rds majority needed to confirm impeachment. This may suggest the process of impeachment is ineffective

23
Q

Why is it arguable the process of impeachment is effective?

A

In all four cases, the process has worked exactly how it should have done: the HOR brought the charges, the Senate then tried them and delivered the judgement. Nixon resigned to avoid inevitable impeachment, suggesting the process is an effective one

24
Q

Is congress effective in oversight of the president? Arguments for!

A
  • cases of impeachment have followed the procedures laid out in the constitution and it led to Nixon resigning
    -Congress has repeatedly voted to override the veto
    -In times of divided government, the executive will face extensive scrutiny
    -Committee investigations have a far-reaching impact
    -The senate is effective in checking the power to appoint
25
Q

Is Congress effective in oversight of the president? Arguments against!

A

-The president can veto laws and the ability to override the veto is ineffective given the supermajority needed
-The president can circumvent oversight of ratifying treaties by signing executive agreements
-Drops considerably during a united government
-The impeachment process has been unsuccessful and when Nixon resigned, Ford pardoned him
-The most recent impeachments have been politically motivated - clear failing of constitutional responsibility. The scrutiny of appointments is also clearly politically motivated
-Impeachment is unlikely given the high majority required

26
Q

What factors affect Congress’s role of oversight?

A

-Party control
-Party polarisation
-Policy Area - greater in domestic policy than foreign policy
-election cycle- near an election, congressmen are far more worried about pleasing constituents than the President
-Presidential approval rating and whether they achieved the popular vote
-Congressional approval rating
-National events - in times of national emergency, Congress will often defer to the President, e.g after 9/11

27
Q

What are Congress’s checks on the judiciary?

A

-Impeach and remove judges
-approve appointments of judges
-can change the constitution
-can change the size of the court

28
Q

How effective is Congress’s oversight of the judiciary?

A

Not very powerful at all: It’s difficult to amend the constitution and changing the size of the court is an extreme political move Congress won’t take lightly
Congressional impeachment rare but undoubtedly successful when deserved