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Politics paper 3 : Congress > Functions > Flashcards

Functions Flashcards

1
Q

What are the three broad functions ?

A
  • Representation
  • legislation
  • oversight
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2
Q

How can the term representation be used in 2 different ways ?

A
  1. How legislators represent their constituents

2. Who the legislators are (are they representative of their constituents in terms of race gender etc)

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3
Q

Which congress is the most diverse ?

A
  • 117th (2022-2024)
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4
Q

Percentage of women in the 116th Congress ?

A
  • 24% compared to 51% of the population
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5
Q

Percentage of African Americans in congress ?

A
  • 10 % compared to 12% in the general population
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6
Q

Percentage of congress with a bachelor degree ?

A
  • 97% compared to 32% of the population
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7
Q

Average age of someone in congress compared to the population

A
  • 59 years compared to 38 years
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8
Q

What is the trustee model of representation ?

A
  • Representative is given formal responsibility for making decisions based on behalf of others
  • Based on mature judgement
  • Most members of congress tend to agree with this model
  • Cane be seen as elitist
  • Can prevent populist measures which aren’t in best long-term interests of the country (3 republican senators prevented Trump repealing ‘Obamacare’ without a suitable alternative
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9
Q

Delegate model of representation

A
  • Chosen to act on behalf of others (must act in accordance with the electorate’s wishes)
  • linked to principle of popular sovereignty
  • Representatives follow this model as they want to be re-elected and so want to avoid being unpopular with voters
  • 2019-2021 some republicans chose not to impeach trump due to the popularity amongst Rep voters back home
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10
Q

4 reasons why there is the incumbency effect ?

A
  1. Name recognition/constituency services
  2. pork barrel politics
  3. Fundraising advantage
  4. gerrymandering
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11
Q

How do most members leave congress ?

A
  • Voluntary retirement rather than electoral defeat
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12
Q

Rates of incumbency 2020

A
  • 82% senate 93% in the house
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13
Q

Constituency services and name recognition

A
  • Incumbents have a structural advantage as members of congress are provided with official websites which show their successes and are easily accessible
  • Incumbent senators have high levels of name recognition + a seniority in congress that brings with them membership
  • to replace an incumbent means losing the seniority which is gained over years in capital hill
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14
Q

Pork barrel politics

A
  • Funds provided for superfluous projects in a member of congress’ state or district
  • Specifically designed to benefit the constituents of the members of congress in the hope they get re-elected
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15
Q

Pork barrel politics examples ?

A
  • 2019 : $15.3 billion
  • Big dig highway project in Boston (1991-2007)
    Meant to cost $3bn but ultimately cost $15 billion and overran by a decade
  • Arts programme in Washington DC (2018)
    Meant $3 million allocated for the national capital arts and cultural affairs grant programme
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16
Q

Fundraising advantage - incumbents

A
  • 2018 : Incumbent senators raised 7x as their challengers and House incumbents out raised their challengers 8 fold
  • Money is a crucial resource eg buys TV time, badges, hiring election consultants etc
  • It is a vicious cycle for challengers
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17
Q

Gerrymandering

A
  • deliberate reshaping of congressional districts
  • 2020 : Congressional elections saw a majority of voters support their candidates yet mores seats were won by republicans
  • This is due to the bizarre shaping of districts
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18
Q

What are the 6 factors that effect voting behaviour in congress ?

A
  1. political parties
  2. congressional caucuses ]
  3. The administration
  4. the constituency
  5. pressure groups
    6 lobbyists
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19
Q

Political parties

A
  • Party votes often occur over ideological matter eg abortion, taxation etc
  • Parties has few ‘sticks’ or ‘carrots’ to encourage party voting eg legislature and executive don’t overlap and threats of deselection don’t work
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20
Q

Example of a party vote in the House

A
  • Federal information systems safeguard act 2016
  • 237-2 republicans voted yes-no
  • 4-179 democrats voted yes-no
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21
Q

How is party affiliation limited ?

A
  • Conservative democrats like Jim Cooper often vote conservative and moderate republicans like Susan Collins often vote democrat
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22
Q

congressional caucuses

A
  • Just 4 congressional caucuses (house = r + d and parallel for senate)
  • They select whips and minority leaders/majority leaders
    1. Educational (provide information) + there are single issue caucuses eg pro-choice
    2. Agenda setting (members may work together to boost the chances of their particular issue)
    3. Encouraging support for they proposals on the floor of each chamber
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23
Q

Blue dog coalition

A
  • Largely Southern House democrats who are fiscally conservative
  • 1995-6 influential in passing welfare reform
  • 18 members currently
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24
Q

Congressional black caucus

A
  • Formed exclusively for AA members of both houses
  • Currently 60 members (all but 2 are House Democrats)
  • Claims to be bipartisan
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25
Q

The administration

A
  • Many members of the executive and cabinet keep in contact with members of congress through calls and attempt to persuade them to vote in a certain way
  • The house speaker and senate majority leader will play a key role in liaising with the White House
  • Eg 2010 : Pelosi played a key role in ensuring that concessions were made to get enough votes from the blue dog coalition to pass Obama’s healthcare reform
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26
Q

Constituency

A
  • Premium on representing the interests of their constituents
  • Constitutions states that they must be resident of the state they represent
  • some insist the locality rule where members must reside in the congressional district they represent
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27
Q

Engagement with constituents

A
  • Holding town hall meeting, conducting surgeries, making visits round the state and visiting local businesses
  • On most issues constituents are likely to be divided + factors need to be balanced eg national good
  • Eg 3 republican senators voted against repealing Obamacare as they were concerned by the lack of a coherent plan to replace the healthcare system
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28
Q

Interest groups

A
  • Make direct contact with members, generate public support for their position, provide evidence to committees etc
  • 2020 election cycle : financial sector donated $75 million to candidates of both parties
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29
Q

Lobbyists

A
  • Employed by interest groups to try to gain influence

- Lobbyists maintain offices in Washington

30
Q

Legislative process (6 stages)

A
  1. Introduction
  2. committee stage
  3. Timetabling
  4. Floor debate and vote on passage
  5. conference committee (optional)
  6. Presidential action
31
Q

To be successful how must a bill be passed ?

A
  • Must pass through all stages during a congress (2 years) and there are typically 10,000
32
Q

What is the first stage of the legislation process ?

A
  1. introduction

This is a formality as in the UK parliament

33
Q

What is the second stage in the legislation process ?

A
  1. Committee stage

Most important stage, happens before any debate and ‘marking up/reporting out’

34
Q

What is the third stage in the legislation process ?

A
  1. Timetabling
    Procedure for dealing with the queue of bills waiting to come to the floor in each house
    - Senate uses the unanimous consent agreement where the majority and minority leaders decide on which bills will be debated
    - The house has the House Rules Committee which allows some bill through and holds others back
35
Q

How can the decisions of the rules committee be disputed ?

A
  • If the rules committee fails to give rule to a popular bill, members may resort to a discharge process
  • The petition must be signed by an absolute majority (218)
  • If this is fulfilled then the bill automatically comes to the house floor
  • Used in 2002 bipartisan campaign reform act and 2015 on a vote to re-authorise America’s export-import bank
36
Q

What is the fourth stage of the legislative process ?

A
  1. Floor debate and vote on passage
    First opportunity for both chambers to debate the bill, further amendments can be made and votes on, in senate there is the possibility of a filibuster
37
Q

What percentage of bills make it in to law ?

A
  • 2-4%
38
Q

How can a filibuster be ended ?

A
  • Through a procedure called a ‘closure’ or ‘cloture’ (signed by 16 senators + voted by at least 60 of the entire senate
39
Q

Examples of a filibuster

A
  • 1957 (lasted 24 hours against the civil rights bill)

- 2016 (lasted 15 hours in an attempt to press for tighter gun control)

40
Q

What is the fifth and optional stage of the legislation process ?

A
  • Only needed if both houses cannot agree on the final form of the bill
  • This has been unusual in recent years eg only used 7 times between 2015-7 and 37 times between 1995-7
41
Q

What is the sixth stage ?

A
  1. Presidential action where they have 4 options
    - Sign it in to law eg 2010 Obama signed the Affordable care act
    - Leaving the bill of their desk : they do this when they want to veto it but are in no position to do so (these bills become laws without the President’s signatures within ten working days)
    - Could use a regular veto
    - Pocket veto if the bill is awaiting the president action when the legislative session ends, the bill is lost
42
Q

Example of a pocket veto being used ?

A
  • 2000 : Consumer bankruptcy overhaul bill

- very rarely used

43
Q

How many regular vetoes have been used until Trump 2021 ?

A
  • 1,518 and just 112 were overridden

- The president has a success rate of 93%

44
Q

What is oversight ?

A
  • Congressional review and investigation of the activities of the executive branch of government
45
Q

What are the 5 factors that affect the relationship between congress and presidency ?

A
  1. Party control
  2. Polarisation
  3. Policy area
  4. approval ratings
  5. National events
46
Q

Party control

A
  • Congressional oversight of the executive is only effective when congress isn’t controlled by the President’s party
  • Eg 1999 a Republican senate rejected Clinton’s nomination of White to be a federal judge
  • HOWEVER under united government, oversight drops eg 2003-4 the Republican controlled congress only had 37
47
Q

Party polarisation

A
  • Growing polarisation means opposition parties will oppose the president policy programme
  • Demonstration of bipartisanship : 2020 CARES act, 2012 Jobs act etc
48
Q

Policy areas

A
  • Greater ability on domestic policy rather than FP
  • Eg 2018 Trump abandoned the Iran nuclear with relative ease
  • Obama struggled with gun control reform and Trump failed to repeal Obamacare
49
Q

Election cycle

A
  • When congress is gearing up to elections, members are more likely wanting to please their constituents rather then the president
  • 2016 : Congress overrode Obama’s veto of the Justice against sponsors of Terrorism (didn’t want to appear soft on terrorism before the election)
50
Q

Presidential approval rating

A
  • Congress has more influence when ratings are low
  • Following the 9/11 attacks bush had an approval rating of 90% and was easily able to pass the patriot Act 2001
  • 2016-2020 : clear fractious relationship as there was consistent opposition to the majority of Trumps policies
51
Q

Congressional approval rating

A
  • By July 2020 : Trump had an approval rating of 41% while congress’s approval rating was 18%
52
Q

National events

A
  • In times of national emergency, congress will often defer to the president
  • following 9/11 attacks, congress passed the Patriot act 2001
  • Congress assisted Trump in passing the CARES 2020 Act in response to COVID-19
53
Q

Checks by congress on the president

A
  • Implied power
  • Evolved over years in to substantial power eg illegal to lie to congress
  • Most oversight takes place in standing committees
  • Impeachment is also a key instrument
54
Q

What are standing committees ?

A
  • Permanent, policy-specialist committees, House includes around 35 members whilst senate committees have around 18 members
  • The party balance is in proportion to what exists in the chamber as a whole
55
Q

3 Senate standing committees

A
  1. Judiciary
  2. Finance
  3. Armed services
56
Q

Example of a committee and it’s sub-committee

A
  • House transportation and infrastructure

- Aviation, highways and transit, water resources and environment etc

57
Q

What 2 functions of oversight do both senate and the house take part in ?

A
  1. Legislative oversight

2. Conducting investigations

58
Q

Legislative oversight

A
  • Committee stages of bills
  • Includes hearings on the bill and witnesses appear (make statements in front of the committee and are subject to questioning from the committee members)
  • A vote is then taken whether to go on to the next stage of the bill
59
Q

Oversight (conducting investigations)

A
  • Investigations are launched into perceived problems, crisis or policy failures
  • Eg 2016 : House Armed services committee investigated US strategy for Syria and Iraq
60
Q

Oversight (confirming presidential appointments)

A
  • SENATE ONLY
  • Senate’s judiciary and foreign relations committees
  • Eg Republican-controlled senate Judiciary committee that refused to hold a hearing on Obama’s SC nomination of Merrick Garland 2016
61
Q

Which 3 presidents has the house impeached ?

A
  • Andrew Johnson (1868)
  • Bill Clinton (1997)
  • Trump (2019 and 2021)
62
Q

How many judges have been impeached ?

A
  • 1 SC judge (1804) and 9 federal judges (most recently Porteous, 2010)
63
Q

Oversight by congress on the judiciary

A
  • Power to change the composition of the SC eg increase/decrease the number of justices
64
Q

Limited effectiveness of congress in oversight

A
  • Nixon was allowed to resign in 1974 following the Watergate scandal rather than being impeached + his successor pardoned Nixon from criminal prosecution
65
Q

How successful is congress in its representative role ?

A
  • Never been more diverse (race and gender)
  • Frequent elections
  • Members offer both trustee and delegate models
  • Influence of caucuses for under represented groups
  • pressure groups are linked with public opinion
66
Q

How is congress unsuccessful in its representative role ?

A
  • Women and BAME are still underrepresented
  • Gerrymandering
  • FPTP reinforces a 2 party system
  • Caucus system not as effective as multiparty systems
  • Pressure groups may distort representation
67
Q

How is congress’ legislative role effective ?

A
  • major legislation is regularly passed eg Obamacare
  • Low pass rates means unnecessary legislation is not passed
  • Congress can pass emergency legislation eg CARES act 2020
  • Congress can reject legislation that is proposed by the executive
68
Q

How is congress’s legislative role ineffective ?

A
  • Not enough legislation is passed eg 3% of bills compared to 7% in the 1980’s
  • Key individuals like the speaker dominate the legislative process
  • United government can see legislation passed without suitable scrutiny
  • Gridlock is common
  • Presidential vetoes are rarely overturned since a supermajority of 2/3 is required to overturn them
69
Q

Congress is effective in it’s function of oversight

A
  • Congress has repeatedly voted to override the presidential veto
  • In times of divided government, the president often faces extensive scrutiny
  • committees regularly oversee investigations of the executive branch
  • Congress uses the power of the purse to check the power of the president and to limit the president role as commander in chief
70
Q

How congress is ineffective in oversight ?

A
  • Veto override is an ineffective oversight mechanism, as it requires a supermajority
  • In times of united government and crisis, congress is more likely to act in deference to the president
  • Oversight is increasingly political rather than in the interests of good policy
  • Presidents have found ways around the constitutional powers of congress with the use of executive powers and there roles as commander in chief

Politics paper 3 : Congress (3 decks)

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