Evaluate the extent to which Congress can be said to be a 'hyper-partisan' institution Flashcards
LoA
it is way too partisan
para 1 theme
oversight
para 2 theme
legislation
para 3 theme
appointments to the SC
para 1 - oversight
Oversight is dependant on the power of the President and whether or not they control Congress. For example, during the premiership of George W Bush, the Republicans would hold a majority in both houses until January 2007. As a result Congressional oversight became non-existent. Between 2003 and 2005, the senate armed services committee held no hearing on combat operations in Afghanistan and only 9 on Iraq, making up a minute 9% of their total overall hearings. This would be explained in Ornstein and Mann’s “when Congress checks out” (2006). There were 37 investigation hearings between 2003-04, a drastic drop-off from the 135 in 1993-94.
para 1 - however
- Congress have overseen investigations into actions such as Benghazi, which had far-reaching impacts. There were also successful hearings in October 2013 over helathcare.gov. (platform that wasted $300 million). Resulted in the resignation of Kathleen Sebelius.
When Bush lost both houses in the 2006 mid terms, the number of hearing about combat operations increased dramatically. There were almost 100 hearings on the Iraq War in the first two months alone.
para 2 - legislation
- Legislation must be agreed upon by both houses, making legislation very difficult, especially considering polarisation in recent years. E.g. There was a partisan divide over the implementation of the ‘Patient Protection and the Affordable Care Act’, which led to a 16 day shutdown during the Obama administration. This in fact gained zero votes from the Republicans
- In the 113th Congress (2012-14), Representatives voted with their party party 92% of the time, while Democrats in the Senate reached a figure of 94%
Having a majority in Congress is crucial. When the Democrats lost the House in 2010 and Senate in 2014, legislation became practically impossible. In this period, Congress was one of the most unproductive of all time, passing 296 pieces of legislation. This is in comparison to the do-nothing Congress of 1948, which was criticised after passing 906 bills.
- In the 113th Congress (2012-14), Representatives voted with their party party 92% of the time, while Democrats in the Senate reached a figure of 94%
para 2 - however
Congress has demonstrated a willingness to use the veto override, in some cases to great effect. E.g. Congress counter vetoed Obama’s veto to pass the Justice Against Sponsors of Terrorism Act, which would have allowed families who were affected by 9/11 to sue Saudi Arabia
para 2 - rebuttal
The success of legislation is almost entirely dependent on whether congress is unified or divided, and if the president is to be successful they will have to legislate during times when they have control in Congress
para 3 - appointments to SC
Inefficiencies in the senate at oversight. They have ignored their duty of giving advice and consent on appointments. For example, after the death of Justice Antonin Scalia in Feb 2016, the republicans hastily announced they would not even consider the nomination of Merrick Garland, despite him being an excellent choice and having previously received praise from Senate Republicans. This was totally ideologically driven. They would then fast track the conservative nomination of Amy Coney-Barratt. Between 1949-2013, 168 presidential nominees were filibustered, with a whopping 82 being used during the Obama administration
para 3 - however
Congress are the ones who ratify federal judges. Individuals like Neil Gorsuch and RBG have all been confirmed in the Senate with the highest recommendation.
Congress also has the power to impeach judges, which they did Justice Chase 1804.
para 3 - rebuttal
The ratification of justices is based along ideological lines, and so it is once again dependent on congress. Donald Trump was able to rush through 3 justices in his premiership due to having control of the Senate
para 1 - rebuttal
Effective oversight through committees are almost solely dependant on whether government is divided or unified, and how much power the president has in Congress, as shown by Bush and the gulf war.
