Essay plans - Congress Flashcards
What is the structure of Congress?
BICAMERAL
Senate: 100 senators, 2 from each state regardless of population size, each serves 6 years before coming up for re-election & 1/3 of Senate is up for election at one time.
House of Representatives: 435 representatives, each represents a district, no. of districts depends on population size – e.g. California has 53, Wyoming has 1 – they serve 2 years before going up for re-election.
SENATORS/CONGRESSMEN
Senators – must be 30, been US citizen for 9 years, residents of state in which they have been elected, they serve 6-year terms with 1/3 being elected every two years (the 2 senators for each state not up for election at same time).
Congressmen – must be 25, been a US citizen for 7 years and residents of the state in which they have been elected. They serve 2-year terms (mid-term elections). They represent districts within a state.
IMPORTANT ROLES
President of Senate: preside over sessions, appoint committee members - the vice pres takes this role – Mike Pence has cast 13 tie breaking votes since Jan 2017.
Speaker of the House – same role – elected by House after a GE.
Majority/minority leaders – lead debate for maj/min.
What are the powers of Congress?
SENATE’S ENUMERATED POWERS
Confirm many of the president’s appointments e.g. to fed judiciary with 2/3 majority, ratify all of the president’s treaties with 2/3, power to impeach – to hear the trial and find the person (not) guilty with 2/3 vote – Senate held impeachment trial in 2020 and found him not guilty, to elect VP if EC in deadlock.
HofR’S ENUMERATED POWERS
Initiate money bills, impeachment – formally accuse - in Sep 2019 they announced they were making an impeachment inquiry against Donald Trump because he’s though to have pressured foreign leaders into investigating Joe Biden, to elect the president if EC in deadlock – 1800 and 1824.
CONCURRENT POWERS
The two chambers are equal in the passage of legislation – all bills must pass through stages in both Houses and neither chamber can override the other. Both chambers must agree on the same version of the bill before it goes to the president.
Both chambers must vote – with super-majorities to override a president’s veto – JASTA.
A constitutional amendment must be approved by super-majorities in both chambers of Congress before it is sent to the states for ratification.
Both chambers must agree on a declaration of war – this has happened five times Eg. in 1941 when America declared war on Japan.
The 25th Amendment gave both chambers the power to confirm a newly appointed
vice-president. This has happened twice (1973 and 1974).
Is the legislative process effective?
LONG, COMPLEX PROCESS ALLOWS FOR DETAILED SCRUTINY
5 or sometimes even 6 stage process which involves standing committees with policy specialists, debates in both chambers with amendments introduced – filibustering –Chris Murphy 14 hours in supp of gun control in 2016, 2/3 votes in both, back and forth between chambers if no agreement, conference committee and presidential action – can veto it – JASTA 2016.
NOT PRODUCTIVE
Can take up to 2 years to pass legislation.
A significant number are pigeon-holed (put to one side, no action taken)
in a typical Congress between 10,000 and 14,000 bills are introduced – only around 3-5% of these actually make it to law – 113th Congress 8,565 bills referred to standing committees and 296 signed into law.
A LOT OF SUPPORT IS NEEDED FOR SUCCESS
A supermajority of 2/3 is needed in both chambers in the second reading.
Only Those with a good deal of support/ heavily lobbied, eg. from members of Congress or the White House are given hearings either in the full committee or in sub-committees.
Need support of Pres – can veto – Trump vetoed bill in 2020 to terminate AF action in Iran that hadn’t been authorised by Congress.
Does Congress effectively oversee the Executive?
Does Congress effectively oversee the Executive?
STANDING COMMITTEES
Investigate scandals + (in house) recommend impeachment, e.g. House Energy and Commerce Committee investigated the creation of health insurance exchanges in Oct 2013. In 2019 the House Judiciary Committee approved 2 articled of impeachment against Trump.
Can subpoena documents/testimony – House judiciary committee subpoenaed the Mueller Report in 2019.
COMMITTEES AND OFFICES
House Committee on Oversight and Reform: in 2019 a hearing was held on the treatment of children in child detention centres on the southern US border.
The Government Accountability Office is a gov agency that releases around 900 reports annually.
UNITED GOVERNMENT
Many say that during Bush presidency, where for the majority there was Republican maj. in both chambers, there was not enough oversight of the wars in Iraq and Afghanistan - allegations of torture by intelligence agencies.
BUT some say divided gov leads to ineffective point scoring – parties seek to score points against the opposition rather than improve outcomes – 2002: 13 nominations pending, 2010: 108 nominations pending and when Ebola broke out in 2014 there was no surgeon general.
What is the committee system?
STANDING COMMITTEES
They exist in both chambers and are permanent, specialist bodies. Most standing committees are divided into sub-committees.
In the House, standing committees are made up of around 40-50 members however those in the Senate are made up of around 18 members.
The party balance in these committees is the same proportion as is in that chamber of Congress. E.g. in the 111 th Congress (Jan 09) the Democrats had majorities in both chambers, and this was reflected in the Standing Committees.
They have 2 functions: to conduct the committee stage of the legislative process and to conduct investigations within the committee’s policy area.
SELECT COMMITTEES
Temporary committees set up to investigate specific issues, when the issue doesn’t fall within the policy area of a standing committee or when a v big issue.
Some have members from both chambers.
Select Committee on Global Warming set up in 2007 and one to investigate the attack on a US compound in Libya in 2012.
HOUSE RULES COMMITTEE
Only exists in the House - Responsible for prioritising bills coming from the committee stage for their second readings.
This committee essentially has the power of deciding which Bills are the best for the nation.
13 members in 2017 and one of the most influential roles in Congress.
What are the advantages/disadvantages of Committees?
EFFICIENT
Bills can go to their appropriate committee rather than being written by the whole of Congress, which would waste a lot of time.
Individuals and pressure groups have the opportunity to give their opinions on bills.
Individuals and pressure groups can be called to public hearings.
Committee members are often specialists in their committee’s policy area.
Committees have large teams of staff who are experts in their policy area.
This means that committees are often knowledgeable enough to challenge the executive branch, which is good for checks and balances.
TOO MUCH POWER OVER LEGISLATION
Set legislative agenda – pigeon holing, House Rules Committee.
A discharge petition, which forces a debate on a bill, requires an absolute majority of 218 members in the House, therefore this is very hard to achieve.
The Fair Minimum Wage Act (2013) ended up being stuck in the Education and Workforce Committee because not enough signatures could be collected for a discharge petition.
Committees having so much power over the legislative agenda can lead to high levels of pork-barrelling.
However, there have been some limits on pork-barrelling.
In 2010, the House Appropriations Committee implemented new rules that banned members from making for profit-making corporations.
POLITICAL SCRUTINY
Standing committee investigations may be conducted for political reasons.
72% of Americans believe that the Benghazi hearings (2015), which were carried out to investigate the attacks by Islamic militants on the US compound in Benghazi in September 2012, were about the Republicans attacking Obama and Hillary Clinton rather than performing effective scrutiny.
Senate committees also hold hearings in which presidential appointments are considered prior to confirmation, therefore appointments can be confirmed or blocked for political reasons.
When American was dealing with its first Ebola case in October 2014, there was no Surgeon General because the appropriate Senate committee hadn’t confirmed Obama’s nominees.
Scrutiny may also be undermined by committees forming iron triangles with the executive agencies that they are supposed to be overseeing.
Do committees play a significant role?
LEGISLATION
Committees can often set the legislative agenda by pigeon-holing bills, meaning they don’t make it through the committees to the floor.
In the 113th Congress, only 7% of bills made it through the standing committees.
The House Rules Committee arguably has the most power because it decides whether time will be allowed for the debate of a bill on the floor of the House, without which the bill will die.
A discharge petition, which forces a debate on a bill, requires an absolute majority of 218 members in the House, therefore this is very hard to achieve.
The Fair Minimum Wage Act (2013) ended up being stuck in the Education and Workforce Committee because not enough signatures could be collected for a discharge petition.
Committees having so much power over the legislative agenda can lead to high levels of pork-barrelling.
SCRUTINY/OVERSIGHT
Some standing committees carry out scrutiny investigations in their policy area.
The Healthcare.gov Hearings (2013) were carried out to investigate health insurance website which crashed at launch.
The Benghazi hearings (2015) were carried out to investigate the attacks by Islamic militants on the US compound in Benghazi, Libya, in September 2012.
Select committees can also be formed for specific issues.
There are some standing committees which are broadly focused on oversight.
The House Committee on Government Oversight and Reform has broad jurisdiction to investigate how money is being spent and the effectiveness of government.
The Senate Committee on Homeland Security and Governmental Affairs has jurisdiction over homeland security but also the general efficiency of government.
NOMINATIONS
Senate committees also hold hearings in which presidential appointments are considered prior to confirmation.
When American was dealing with its first Ebola case in October 2014, there was no Surgeon General because the appropriate Senate committee hadn’t confirmed Obama’s nominees.
SC nominations.
What is Congress’s relationship with the other branches of government?
EXEC
Obama issued 12 vetoes incl. Justice Against Sponsors Terrorism Act in 2016.
Congress refused to fund Trump’s wall in 2019.
Senate forced Harriet Miers to withdraw as SC nominee in 2005.
Trump impeached by House in 2019.
JUD
Congress can initiate constitutional amendments –16th Amendment overturned SC’s judgement that imposing federal income tax was unconstitutional.
Matal v Tam (2017) – SC declared provisions of the Lanham Act that prohibited the registration of certain trademarks to be unconst.
UNITED GOV
Relations can change when united – weaker oversight - many say that during Bush presidency, where for the majority there was Republican maj in both chambers, there was not enough oversight of the wars in Iraq and Afghanistan - allegations of torture by intelligence agencies.
Senate hasn’t rejected a treaty of a pres of its own gov since 1935.
How is Congress checked?
SUPREME COURT
The Supreme Court can strike down Congress’s legislation if it goes against the constitution.
United States v. Lopez (1995) – held that the federal government’s Gun-Free School Zones Act (1994) was unconstitutional because this went beyond Congress’s “Commerce Clause” powers.
United States v. Windsor (2013) – held that the Defence of Marriage Act (1996), which restricted marriage to being between one man and one woman, was unconstitutional as it infringed on the Due Process clause of the 5th Amendment.
However, the Supreme Court usually upholds Congress’s legislation - National Federation of Independent Business v. Sebelius (2012) – upheld Obamacare (2010).
PRESIDENT
Trump vetoed bill in 2020 to terminate AF action in Iran that hadn’t been authorised by Congress.
Obama vetoed JASTA (2016) and 11 other bills.
Signing statements – Trump issued a signing statement on the Hong Kong Autonomy Act to say that he would treat its limitations as advisory and non-binding.
However, Congress can override veto – Jasta.
PUBLIC
The public can vote Senators or Representatives out of office.
In 2014, Republican House Majority Leader Eric Cantor, Representative for Virginia, lost his primary election to Tea Party candidate Dave Brat, arguably because Cantor was not listening to the needs of his electorate who supported the Tea Party’s policies.
Senator Elizabeth Dole’s failure to be re-elected in North Carolina in 2008 has been explained by her opponents as the result of her failure to pay sufficient attention to the interests of her state.
The media can scrutinise Congress.
The media heavily scrutinised the 2013 Government Shutdown, leading to a Continuing Resolution being passed
What are the powers of Congress?
SENATE RATIFIES TREATIES
The Senate ratifies treaties with a 2/3 vote.
In 2010, the Senate confirmed New START (the Strategic Arms Reduction Treaty) with Russia.
In 2012, the Senate rejected the UN Convention on the Rights of Persons with Disabilities treaty.
However, an increasing number of international agreements have been achieved through executive agreements, which don’t require the consent of the Senate.
In November 2013, Obama’s Iran Nuclear Program sole-executive agreement lifted sanctions on Iran if it limited nuclear technology for 6 months.
SENATE CONFIRMS APPOINTMENTS AND HOLD IMPEACHMENT TRIALS
The Senate confirms the President’s appointments with a majority vote.
In 2010, they confirmed President Obama’s Supreme Court nominee Elena Kagan.
However, the Senate usually just confirms or rejects the President’s nominees for political reasons rather than actually scrutinising them.
Confirmed Brett Kavanaugh in 2018 with only 1 Democrat vote.
Took no action on 5 nominees - Obama nominated Merrick Garland in 2016, however Republican Senators stated that they wouldn’t confirm any of Obama’s nominations.
Obama had 108 nominations pending - When there was the first Ebola case in 2014, there was no Surgeon General because the Senate hadn’t confirmed Obama’s nominees.
BOTH HOUSES EQUAL IN LEGISLATION
Both Houses are needed to pass legislation.
E.g. in 2020 both Houses voted to pass the CARES Act to provide financial support to individuals during COVID-19 and the Rent and Mortgage Cancellation Act to suspend mortgage payments during the pandemic.
In 2013, the Senate passed the Border Security, Economic Opportunity and Immigration Modernization Act, however the bill never made it through the House.
However, Congress may not be able to pass legislation because of gridlock, which occurs when Congress cannot agree on bills, so cannot pass legislation – significant gridlock in 2018 over funding for Trump’s wall led to a 35 day fed gov shutdown.
The Senate can filibuster - Chris Murphy 14 hours in supp of gun control in 2016.
BOTH HOUSES EQUAL IN VETOES, AMENDMENTS AND OVERSIGHT.
Both Houses are needed to override a president’s veto.
Obama’s veto of JASTA (2016) was overridden.
Bush’s veto of the Medicare Improvements for Patients and Providers Act (2008) was overridden.
However, it is hard for Congress to get the 2/3 vote needed to override the President’s veto Trump vetoed bill in 2020 to terminate AF action in Iran that hadn’t been authorised by Congress and override attempt failed in Senate 49-44.
Both Houses are needed to initiate constitutional amendments.
In 1971, the House and the Senate initiated the 26th Amendment, which lowered the voting age from 21 to 18 when it was ratified by the states three months later.
However, many constitutional amendments fail to be initiated by Congress.
In December 2011, Senator Bernie Sanders filed the Saving American Democracy Amendment, which would have overturned Citizens United v. FEC (2010), however it didn’t get through Congress.
The House Committee on Government Oversight and Reform has broad jurisdiction to investigate how money is being spent and the effectiveness of government.
The Senate Committee on Homeland Security and Governmental Affairs has jurisdiction over homeland security but also the general efficiency of government.
HOUSE OF REPS HAS ITS OWN POWERS
If no candidate wins a majority of Electoral College votes, the House elects the President.
In 1824, the House elected presidential candidate John Quincy Adams to be the president.
However, it is rare that this power is used due to the Electoral College usually producing a winner with a majority e.g. Trump won 304 vs 227 EC votes – clear majority.
The House impeaches officials – impeached Donald Trump in 2019, however, the Senate conducts the trial and therefore has makes final decision, - found him not guilty in 2020.
How are Senators more prestigious than Representatives?
SENATE’S EXCLUSIVE POWERS
The Senate ratifies treaties with a 2/3 vote.
In 2010, the Senate confirmed New START (the Strategic Arms Reduction Treaty) with Russia.
In 2012, the Senate rejected the UN Convention on the Rights of Persons with Disabilities treaty.
In November 2013, Obama’s Iran Nuclear Program sole-executive agreement lifted sanctions on Iran if it limited nuclear technology for 6 months.
The Senate confirms the President’s appointments with a majority vote.
In 2010, they confirmed President Obama’s Supreme Court nominee Elena Kagan.
Confirmed Brett Kavanaugh in 2018 with only 1 Democrat vote.
SENATOR’S POSITION
Senators have 6 year terms, therefore they are freer to make unpopular decisions, whereas Representatives have 2 year terms, therefore they seemingly constantly have to worry about making decisions that please their electorate.
In 2013, the Senate passed controversial immigration reform with a strong bi-partisan vote on the Border Security, Economic Opportunity and Immigration Modernization Act, however the bill is stuck in the House arguably because Congressmen are more concerned about pleasing their electorate.
Senators serve an entire state, therefore they arguably have a greater mandate.
SENATOR’S VOTES
There are 100 Senators, compared to 435 Representatives, therefore each vote in the Senate counts for more.
Senators’ votes also count for more because 60 votes are required to file a motion of cloture to end a filibuster, meaning that nearly all bills now require 60 votes to pass in the Senate.
In 2010, the Democrats needed Bernie Sanders (Independent) for the 60th vote in favour of the Patient Protection and Affordable Care Act (Obamacare), and he would only do this once the bill was amended to include $10 billion for community health centres.
Why aren’t Senators more prestigious than Representatives?
HOUSE INITIATES REVENUE BILLS
The American Recovery and Reinvestment Act (2009), Obama’s $787 billion economic stimulus, was initiated in the House.
In September 2013, the House passed the Continuing Appropriations Act 2014, which was then passed by the Senate in October 2013, leading to the end of the 2013 Government Shutdown.
However, the Senate can pass ‘Shell Bills’ - Obamacare was a shell bill because it was passed by the House as the Service Members Home Ownership Tax Act (2009) and was significantly amended by the Senate to form the Patient Protection and Affordable Care Act (2009).
HOUSE IMPEACHES OFFICIALS
The House impeached President Bill Clinton in 1998 for perjury and obstruction of justice, however he was acquitted by the Senate in 1999.
Impeached Trump in 2019 because he was thought to have pressured foreign leaders into investigating Joe Biden.
However, the Senate is more significant because Senators try impeached officials – Republican Senate found Trump not guilty in 2020.
BOTH HOUSES EQUAL IN VETOES, AMENDMENTS AND OVERSIGHT.
Both Houses are needed to override a president’s veto.
Obama’s veto of JASTA (2016) was overridden.
Bush’s veto of the Medicare Improvements for Patients and Providers Act (2008) was overridden.
However, it is hard for Congress to get the 2/3 vote needed to override the President’s veto Trump vetoed bill in 2020 to terminate AF action in Iran that hadn’t been authorised by Congress and override attempt failed in Senate 49-44.
Both Houses are needed to initiate constitutional amendments.
In 1971, the House and the Senate initiated the 26th Amendment, which lowered the voting age from 21 to 18 when it was ratified by the states three months later.
However, many constitutional amendments fail to be initiated by Congress.
In December 2011, Senator Bernie Sanders filed the Saving American Democracy Amendment, which would have overturned Citizens United v. FEC (2010), however it didn’t get through Congress.
The House Committee on Government Oversight and Reform has broad jurisdiction to investigate how money is being spent and the effectiveness of government.
The Senate Committee on Homeland Security and Governmental Affairs has jurisdiction over homeland security but also the general efficiency of government.
How is Congress the ‘broken branch’?
INNEFFICIENT LEGISLATOR
The increase in partisanship, and election of more ideological members, has impacted productivity.
Some of President Obama’s most significant legislative achievements had almost no Republican support e.g. The Patient Protection and Affordable Care Act (2010) passed without a single Republican vote.
After the Democrats lost the House in 2010, and Senate in 2014, this partisanship made it increasingly difficult to pass laws needed to address pressing issues.
Even a unified government has struggled to overcome the gridlock in Congress: In 2017, the Republican leadership had to withdraw the American Health Care Act due to opposition – including within party.
The filibuster has become so common in the Senate that practically every vote now needs a supermajority.
Chris Murphy 14 hours in supp of gun control in 2016.
Republican Senate Majority Leader Mitch McConnell filed 128 cloture motions from Jan 2015 - Jan 2017.
INNEFFICIENT AT SCRUTINY
Standing committee investigations may be conducted for political reasons.
72% of Americans believe that the Benghazi hearings (2015) were about Republicans attacking Obama and Hillary Clinton rather than performing effective scrutiny.
It is hard for Congress to get the 2/3 vote needed to override the President’s veto Trump vetoed bill in 2020 to terminate AF action in Iran that hadn’t been authorised by Congress and override attempt failed in Senate 49-44.
The Senate usually confirms or rejects the President’s appointments for political reasons rather than truly scrutinising them.
Confirmed Brett Kavanaugh in 2018 with only 1 Democrat vote.
Took no action on 5 nominees - Merrick Garland in 2016,.
Obama had 108 nominations pending - When there was the first Ebola case in 2014, there was no Surgeon General because the Senate hadn’t confirmed Obama’s nominees - Republican filibusters had held up the nomination for months
APPROPRIATIONS
Congress regularly fails to pass budgets or appropriations bills and cannot reach an agreement on the deficit.
Congress was unable to pass a budget resolution for the 2011, 2012, 2013, 2014, or 2015 fiscal years. Between 1977 and 2016 there were only four fiscal years where Congress passed all appropriation bills ahead of the October deadline.
2013: no compromise over Obamacare led to federal gov shutdown due to lack of appropriated funds, resulting in 400,00 people being out of work.
the two parties passed Bipartisan Budget Acts in 2013, 2015, and 2018, to simply raise the sequestration caps, taking away the incentive to compromise without addressing any of the underlying tax and spending issues.
Why isn’t Congress the ‘broken branch’?
LEGISLATION
Congress does pass a lot of legislation, even in divided government and gridlock.
2007-08 the Democrat controlled Congress faced major legislation such as additional funding to Afghanistan and a $200 Billion economic stimulus package despite George Bush as President.
Gridlock has been adverted at certain times using compromise politics.
The Bi-Partisan Campaign Reform Act (2002) was passed using compromise politics.
There have been some limits on pork-barrelling.
In 2010, the House Appropriations Committee implemented new rules that banned members from making earmarks for profit-making corporations
Filibusters ensure that minority party can influence legislation.
-The 2017 American Health Care Act gives an insight into what would happen without the filibuster, as Republicans tried to pass their Obamacare replacement bill through a special procedure called a ‘budget reconciliation’, in which filibusters cannot be used - The Senate developed several amendments / bills to modify the AHCA bill that had passed in the House, but none had received enough votes in the Senate.
SCRUTINY
The scrutiny role of Congress is still vital for preventing abuse of power and promoting efficient government.
The Healthcare.gov Hearings (2013) were vital for investigating the health insurance website which crashed at launch.
The Senate Select Committee on Campaign Practices (1973) was vital to investigate the Watergate Scandal.
Scrutinises executive – overrides vetoes – JASTA 2016, Bush’s spending in Iraq limited in 2007.
REPRESENTATION
Descriptive representation has been improving – the 116th Congress is the most racially and ethnically diverse ever.
22% of Reps are ethnic minorities and 9% of the Senate.
The most women to dare in senate – 26 – and House – 101.
2 LGBTQ+ Senators and 7 in House.
People more willing to accept the decisions as it mirrors society and it makes and improves the quality of policy output.
How do parties play an important role in Congress?
PARTY VOTING
Party voting has increased.
In the first term of the 113th Congress (2013-2014), the House Republicans voted with their party on average 92% of the time, and Senate Democrats voted with their party on average 94% of the time.
Rejection of Merick Garland in 2016 - reluctance to allow the Democrat president to have any nomination heard.
Eugene Scalia voted to be Sec of Labour by party-line vote in Senate with all Reps voting YES and all Dems other than 2 who didn’t vote voting NO.
The use of the Hasert Rule.
In 2013, the Senate voted 68-32 on the immigration bill but the speaker Boehner invoked the HR and so it was not voted on in the House.
INFLUENCE ON ELECTIONS
Parties can influence congressional elections.
the role of the National Committees in primary timetabling has strengthened.
In the 2012 Republican primaries, five states ignored the Republican National Committee’s rules to reduce frontloading, therefore the National Committee cut these states’ delegate allocation by half.
Super-delegates at National Conventions have increased the influence of distinguished party leaders and figures.
At the 2008 Democratic National Convention, Obama was able to have a clearer lead over Hillary Clinton using the support of super-delegates.
Leadership PACs allow party leaders to have an influence over election finance.
In the 2010 election cycle, the “Senate Conservatives Fund” leadership PAC raised $9.3 million.
Campaigns have become increasingly nationalised; therefore the national party organisation has more influence:
In the 2006 Congressional elections, Senate Democrats signed up for “A New Direction for America” (Six for ’06), which set out ideas for six broad priorities.
INFLUENCE ON LEGISLATION
They can reward loyalty by appointing members to Standing Committees, which have a much more powerful role than UK Select Committees, as, in addition to scrutiny, they also consider bills.
The Hasert rule states that the Speaker will not allow the House to vote on controversial bills, like immigration reform, unless they are supported by a majority of Republicans - gives
John Boehner resigned from his position as Speaker in September 2015, largely as a result of obstruction and opposition from Republican members of the ‘Freedom Caucus’, which wanted to force a government shutdown to defund Planned Parenthood. One powerful tool that party leaders can no longer use are earmarks, which were banned in 2011.
Following the 2016 elections, many Republicans called for the ban on earmarks to be lifted. However, House Speaker Paul Ryan soon told the 115th Congress that this was politically impossible so soon after Donald Trump ran on a promise to ‘drain the swamp’ and tackle corruption in Washington. Only a few weeks later, Republicans in the Senate voted to continue their earmark ban. Critics argue that earmarks of different forms can still be found hidden in bills, but it is clear that the ban has nonetheless greatly limited the power of the party leadership.
