Congress US Flashcards
The structure of congress
- Has a bi-cameral structure. This arrangement took place due to the compromise reached at the Philadelphia convention in 1787. New Jersey wanted each state to be equally represented in congress; therefore each state sends two delegates to the Senate. Virginia wanted representation to be proportional; therefore the House of Representatives is based on the population of the state.
- Further compromise made at the 1787 Philadelphia convention. Some delegates wanted a directly elected chamber, so the House has always been directly elected. Others wanted an indirectly elected legislature, until 1914 the Senate was indirectly elected, Senators were appointed by state legislatures. The 17th amendment meant the Senate was directly elected.
- 435 members of the House. This is reviewed every 10 years following the census. Following the 2010 census the Texas delegation rose from 32 to 36 whereas New York fell from 29 to 27.
- The House of Representatives serve 2 year terms will 100% of the house being elected every two years. Senators sit 6 year terms, with around 33% of the Senate being elected every 2 years.
Membership of congress
- The 2017-18 makeup of the House was 235 Republicans, 193 Democrats. The speaker was Paul Ryan, the majority leader was Kevin McCarthy, majority Whip was Steve Scalise and the minority leader was Nancy Pelosi.
- 2017-18 makeup of the Senate was 51 republicans, 47 democrats and 2 independents. The president was Mike Pence, president pro tempore was Orin Hatch, president pro tempore emeritus was Patrick Leahy, majority leader was Mitch McConnell and the democrat leader was Chuck Schumer.
- In the 2017-18 congress there were 83 women in the House and 21 in the Senate. There were 46 African Americans in the House and 3 in the Senate. There were 34 Hispanics in the House and 4 in the Senate. Compared to 50% of women, 14% of African Americans and 17% of Hispanics nationally.
- The year of the women was created by the democrats in 1992 to get more women in congress. The number of women virtually doubled as a result. However women still only represent 20% of congress meaning they are underrepresented.
- Around 60% of both houses in 2015-16 were previously politicians.
- Congress is more representative of the Christian faith than nationally. 55.4% of the House and 58% of the Senate were protestant compared to 47% nationally and 33.1% Catholic in the House, 24% in Senate and 21% nationally.
Requirements to become a member of congress
- Requirements to become a member of the House is at least 25 years old, citizen for at least 7 years and members need to be a resident of the state they represent.
- Requirements to become a Senator are at least 30 years old, citizen for at least 9 years and resident of the state they represent.
Gerrymandering
Federal courts allow states to draw up congressional district boundaries to create districts more likely to return a representative from an ethnic minority group. For example North Carolina’s 12th district covers 100 miles. After re-drawing the boundaries after the 1990 census, African American Melvin Watt was elected to office and the position is currently held by Alma Adams.
Exclusive and concurrent powers
Powers can be categorised as exclusive (one chamber has performs it) or concurrent (power is shared between the Houses). Some exclusive powers of the House are they initiate money bills, start impeachment, elect a president is Electoral College is deadlocked. Some exclusive powers of the Senate is they confirm appointments, ratify treaties, try cases of impeachment, elect a VP is electoral college is deadlocked. Some concurrent powers include legislation, overriding the president’s veto, constitutional amendments and declaring war.
Powers of congress, law making powers
both houses of congress are equal in the sense that bills must pass through all stages of both houses. Neither house can override the wishes of the other, both houses must agree to the law in the same form before it can be send to the president. However the constitution gives one special law making power to the House, the House can begin the consideration of money bills (bills raising revenues like tax bills). But the Senate must also pass and may amend such bills, so this power is not significant.
Powers of congress - overseeing the executive branch
the implied powers in article 1 section 8 where it says the legislative body may investigate any subject that is properly within the scope of its legislative powers. Congress votes on the budgets of all executive departments and agencies, showing congress has oversight on the executive branch. The oversight is almost exclusively in committee rooms, exercised by congressional standing and select committees.
Powers of congress - overriding the presidents veto
both houses must vote by 2/3 majority to override the president’s veto of a bill. Congress overrode four of Bush’s 12 vetoes and Obama had one veto overridden with the Justice against Sponsors of Terrorism Act 2016. The senate voted 97-1 to override the veto and the House 348-77.
Powers of congress - confirming appointments
Senate alone has the power to confirm appointments from the president by a simple majority. They include all the presidential appointments to the judiciary. In 2013 when Hillary Clinton resigned as secretary for state, Obama needed to gain approval of the Senate to replace her with John Kerry. In 2018, Trump needed the approval of the Senate to appoint Brett Kavanagh to the Supreme Court, after Justice Kennedy retired. The Senate failed to confirm the appointment of Robert Bork to the Supreme Court in 1985 under Reagan.
Powers of congress - ratifying treaties
Senate has the sole power to ratify treaties by 2/3 majority. This means the president needs to keep the Senate informed with treaty negotiations to avoid treaties that are unlikely to be ratified, like the 1999 Comprehensive Test Ban Treaty which was rejected by the Senate under President Clinton.
Powers of congress - initiating constitutional amendments
the two houses are co-equal when initiating constitutional amendments. They must be approved by 2/3 of both houses before it can be sent for their ratification.
Powers of congress - impeaching officials
congress has the power to remove members of the executive and judiciary from office. House of representatives has the sole power of impeachment. They have used this power 19 times since 1789; the most recent time was in 2010 with the federal judge Thomas Porteous on charges of corruption and perjury. Senate has the sole power to try all impeachments. The trial is to determine whether the person is guilty of the offence. If they are found guilty by 2/3 majority the person if removed from office. In 2010, Judge Thomas Porteous was found guilty and removed from office. Members of congress cannot be impeached but they can be expelled from office under a 2/3 majority in their relative chamber.
Powers of congress - declaring war
both houses must concur in the declaration of war. This has occurred on five occasions and the last being in 1941, when America declared war on Japan. Since then congress as either been sidelined by presidential action (like in Vietnam) or only asked to sanction military action that a president has already decided to take (Iraq).
Powers of congress - electing a president and Vice President
if no candidate wins an absolute majority of Electoral College votes the House decides the President and the Senate decides the vice president. This power has only been used twice in 1800 and 1824.
How does the senate compare to the House of Representatives
Often said the Senate is more powerful and prestigious than the House. House members seek election to the Senate, in 2016 12 House members ran for the Senate. In 2017, there were 50 former house members in the Senate but no former Senators in the House.
While House members represent a congressional district senators represent the entire state. Henry Cuellar represents the 28th congressional district in Texas but John Cornyn represents the whole state. Senators also have a 6 year term unlike the 2 year term in the House. Seen as more prestigious as there are 100 senators and 435 House members. This makes a Senator more likely to gain a leadership position. Senator Cornyn was elected as Senate majority whip in 2015 but congressman Cuellar was 18th in seniority among the 21 democrats on the house appropriations committee.
The senate seen as the launching pad for presidential campaigns. Presidents Truman, Kennedy, Johnson and Obama were former Senators. Five Senators launched campaigns for the 2016 presidential race and three former Senators running for presidency in 2016. Senate is the recruitment pool for vice president candidates. Al Gore, Walter Mondale and Joe Biden were all Senators. The democrats have nominated a former or current Senator as their vice president candidate in every election since 1944, except 1984 (that’s 16 of the last 17 elections).
Senators enjoy significant exclusive powers, like the confirmation of appointments and the ratification of treaties. Many of them enjoy greater name recognition. However they have equal powers with the House on terms of legislation and members of both houses receive the same salary, which was $174,000 in January 2017.
The speaker of the house
The House speaker is elected every two years by the whole membership of the house. The winning candidate must receive an outright majority of the entire house. Democrats formally announce one candidate while the republicans announce the other. The speaker of the house is a powerful position. They act as the presiding officer in the house, them interpret and enforce the laws of the house, refer bills to standing committees, appoint select committee and conference committee chairs and they appoint the majority party members of the house rules committee. The speaker is the 2nd in line for the presidency and when the speaker and the president are from different parties they act as the leader of the opposition. The House speaker 2017-18 was Paul Ryan.
Previous speakers such as Boehner (2011-15) sought to reduce partisanship in the house and raise the profile of House committees by allowing more opposition sponsored amendments to reach the House floor and he looked for opportunities for bipartisan passage of bills. However this attracted criticisms for taking too long, this lead to government shutdown in 2013.
Majority and minority leaders
There is a majority and minority leader in both the house and the Senate who are elected every two years. They act as day to day directors of operations on the floor, hold press briefings about their parties policy agenda and they act as liaison between the House/Senate and the white house. In the Senate the majority leader has a role in bringing bills for debate to the Senate floor. Majority and minority leadership roles have been launched for presidential campaigns, for example Johnson who was Senate majority leader in 1955-61.
Senate leadership
The current president of the Senate is Mike Pence. The leader of the Republicans is Mitch McConnell and the leader for the Democrats in the Senate is Chuck Schumer.