Legislature USA Flashcards
Example in 1st Amendment of limiting congressional power
Start by ‘Congress shall make no law’
Why is Congress unusual compared to other executives?
It is mainly policy-creating, unlike many other executive dominated legislatures
Why is Congress so powerful?
Power over executive, purse-strings power, true representation of US/states rights, and many constitutional powers
Which meeting caused 2 senators for each state?
Connecticut Compromise of 1787
How are Congressmen as candidates different from Senators?
They are more parochial, caring about local issues, and change their minds more often due to constant campaigning - interest in ‘folks back home’
How are Senators different from Congressmen?
Long term national statesmen with less interest in intra-state matters or the ‘whims of the day’ (longevity like with Constitution)
Why does are Senators more prestigious than Congressmen?
No gerrymandering threat every 10 years, more special Senate powers, higher profile - more Presidential candidates (Obama), many previous Congressmen, not other way around
Name of 2 powers held by Congress houses
Concurrent or exclusive
What is the Senate’s role in impeachment?
Give 2/3rds support for Houses previous decision
Which crimes were Clinton impeached for?
Perjury and obstruction of justice
What are the exclusive powers of House?
Powers of the purse to start all money bills, and therefore have Ways and Means and Appropriations Committee
2 examples of Senate confirmation powers
1987 rejection of Bork and 1989 rejection of Tower as Defense Secretary
Who must be confirmed by the Senate?
SC justices, cabinet secretaries and ambassadors
How many votes must a treaty must receive to be ratified?
2/3rds
Example of successful passage of treaty
New START treaty 71-26 decreasing nuclear arsenal of USA and Russia in 2010
Recent example of unsuccessful passage of treaty
2012 Rights of Disabled rejected by some Republicans for impinging on US sovereignty
2 examples of executive agreements used
TOV in 1919 and SALT II in 1979
What is pork barreling?
Bringing home the bacon, earmarking bills for spending in your state leading to an incumbency advantage
What is log trading?
Vote trading on bills
Why have members of congress began to toe the party line more often?
As a result of political activists in the party having a larger say in deciding candidates such as with Bob Bennett in Utah Senate seat being ousted by Tea Party in 2010 even though being a long-serving Republican
Example of an easy-passing bill
Patriot Act 2001
What is a death sentence for a bill?
If it is against a special vested interest, such as with campaign spending
Classic saying about President-Congress relationship
‘The president proposes, Congress disposes’
What are standing committees?
First stage for a bill, where the chairperson can pigeon-hole them quickly
What are subcommittees?
More detailed examination of the bill, taking evidence from lobbyists or executive - pork-barrelling and amendments are added at this stage
What is the House Rules committee?
Decides upon the time allowed in the chamber for a bill to be debated or not debated at all
What is the floor debate?
Where the bill is debated by all, with log rolling and often poor party discipline occurring with votes - more interest with the folks at home
When was the filibuster changed?
1975 with 60% cloture motion and 2017 on Supreme Court nominees
What happens after Conference Committee?
A simple majority of support in both chambers are needed for the bill to pass
History of line-item veto
44 states have it, but 1996 Line Item Veto Act declared unconstitutional in 1998 in Clinton v City of New York, due to Presentment Clause of Article 1 does not give President ability to change laws
How many times did Obama use the veto in his first term?
2 times, record low
Cause for 2013 shutdown
Disagreement between houses due to being different party majority
What is a pocket veto?
If a President ignores a bill at the end of a congressional session with less than 10 days, it cannot be debated and does not pass
Example of use of pocket veto
Bush Jnr in 2007 with National Defense Authorization Act for FY 2008
Example of lack of presidential power in Congress
Clinton not passing healthcare reform in 1994 even with Democratic Congress
From where can the President influence Congress?
Congressional Liaison Office
What is the criticism of Congress about bill passages?
It is the ‘bastion of negation’ that turns down more bills from the President than create a legislative package of its own
Why is Congress criticised in it’s interest about the states?
It rarely looks at the wider national long-term picture and is more caring about parochial matters unless in emergency like in 2008 or 9/11
Through which 4 means does Congress hold the executive to account?
Legislative process, holding the purse strings, advice and consent and impeachment powers
Example of vast Congressional resources
Congressional Budget Office
Woodrow Wilson quote of 1884
Congressional government is committee government: Congress in its committee rooms is Congress at work
Why are congressional committees so powerful in terms of power over the executive?
They have a great deal of resources and staff to balance out the EXOP and can also conduct public hearings with executive department staff or agency heads interviewed or subpoenaed
Why are congressional committees powerful in terms of relationships with other institutes?
Iron Triangles such as those of military-industrial complex of Pentagon, armed services committees and defence contractors giving committees large power over these 2 other institutes and receiving backing from them
Examples of blue ribbon committees
Taxation with Ways and Means, spending with Appropriations/Senate Finance, foreign policy with Senate Foreign Relations, conducting confirmation hearings with Judiciary Committee, and blocking legislation with House Rules Committee
Why are members of Congress ‘independent political entrepreneurs’?
They raise their own finance by gaining support due to their personal views, not that of the party but for the district, and also for their own actions while in office supporting the district, not the action of the party
How is membership of congressional committees decided?
By party committees, based on party strength but weighted strongly against minority party (24 v 15 in House Ways and Means)
What is the desire for members of Congress when it comes to committee membership?
First to be in one of power, but also in one that represents their constituency like the Agriculture Committee might do for rural districts
Example of independent in office
Bernie Sanders, but who has caucused with the Democrats
2 examples of voting factions in Congress
Blue Dog Democrats (conservative) and Republican Main Street Partnership (moderate)
Why is party cohesion poor in Congress in terms of a clear joint mandate?
Unlike in the UK, a clear manifesto is not made by parties in election time which would have bound the party towards a certain set of policy aims
2 examples of congressional manifestos
1994 Contract with America and Democrats Six for ‘06
How have congressional whips increased their powers recently?
Organizing committee consignments
Example of successful whipping of members of Congress
Johnson Treatment of 50s such as when Albert Thomas of Texas 8th District supported a clause forcing Johnson to report on wheat sales to the USSR and received a scolding
2 examples of recent relationships with Congress
Bush Jnr having House support up to 2006, but Obama struggling from 2009 to get support particularly having to compromise on healthcare
Example of shifting coalitions in Congress supporting surprising measures
2010 8 moderate Republicans crossing the aisle to repeal Don’t Ask Don’t Tell
General idea of parties in Congress showing their power
The best indicator of voting when it comes to members of Congress is party
2 original factors for causing increased cohesion in Congress for Republicans
Partisanship of Reagan and then of Tea Party controlling Republican majority in 2010
Causes for increased voting cohesion of Democrats
Loss of Dixiecrats to dissent, as well as liberal leadership of Nancy Pelosi in House
Why are members of Congress respectful of pressure groups?
They can offer funding and support, or can target you if in a marginal seat with a poor voting record in their area
2 examples of pressure groups
NRA and American Association of Retired Americans (on healthcare)
Example of failure of recent President to work with Congress
Bush Jnr in last 2 years
2 examples of congressional caucuses
Black caucus (Democrats) and Freedom Caucus (libertarian Republicans that got Paul Ryan to where he is)
Where do members of congress live and why?
In their district, due to the locality rule, whereby we should create a society where ‘all politics is local’
What is the re-election rate of members of congress that emphasize their commitment to district?
Over 90%
How have some members of congress in safe seats been in danger as of recent?
Strong challengers in primaries such as Tea Party since 2010 and Roy Moore in Alabama
Why are incumbents stronger in Congress in terms of resources?
Staffs in state and district, ‘franking privilege’ of free mailing, more money (2012 incumbent Senators had $4.6m each on average compared to $320,000 for challengers due to party war chest)
Why are incumbents stronger in Congress in terms of the individual nature of the candidate?
They have free local press coverage due to status and visibility, as well as ability to claim credit for bringing back the bacon for their states
Why are incumbents stronger in Congress in terms of opposition weaknesses?
Gerrymandering can work against opposition party, and inability to show they can do a better job than the current candidate
Why are incumbents sometimes in danger?
A ‘kick the bums out’/’drain the swamp’ anti-Washington attitude of 2008/10 and 2016, ethical scandal or outspending by opposition
Example of ethics kicking out an incumbent
2008 Democrat House seat in Louisiana normally safe lost by William Jefferson due to allegations of racketeering or bribery with FBI finding $90,000 in one of his freezers
Example of incumbent loss due to spending
Elizabeth Warren beating Scott Brown in 2012 for Massachusetts Senate seat after outspending him in campaign
Paradox of the incumbent success
10% Congressional approval rating in September 2013 while still incumbents are often unbeatable
What are ‘home-style’ activities?
Supporting constituents against the faceless wall of federal bureaucracy such as with Medicare or veterans programmes which members can use as evidence for re-election
Why are pork-barrelling criticisms misplaced?
While working poorly to fix larger US problems, they are representing the interests of their constituents for supporting measures that are best for them, so democracy prevails
3 areas a representative represents?
Their state or district, party label and national interest
Why do representatives struggle to follow a Burkeian model?
The core party members that vote in primaries are more extreme in their views so desire for the representative to talk for the party (their views) and the district (to their benefit) more than national or personal interest
Percentage of women in 115th Congress
20.1%
Number of Senators with a law degree in 115h Congress
55
Percentage of blacks in Congress in 2012 and 2017
1% in Senate up to a 10% average in 2017, a little lower than the 12.5% of population
Percentage of Hispanics in Congress in 2012
6% compared to 16% of population
Records for members set in 113th Congress
First gay Senator of Tammy Baldwin, first Buddhist Senator, first Hindu Congressmen, first openly atheist member
Percentage of millionaires in 113th Congress
40%
Average age in House and Senate in 115th Congress
58 and 62
Example of minority PAC
Emily’s List for abortion-supporting Democratic women
Number of majority-minority districts of blacks and Hispanics in 2010 census
27 black, 30 Hispanic
Why has Congress not become socially representative yet in terms of those willing to run?
Lack of desire of minorities, seemed high levels of education needed and adversarial nature of politics as seen in the media put some off, as do need for large campaign war chest or be part of political dynasties like Bush’s or Clinton’s
Comparison with UK of impeachment
Vote of no confidence in 1979
Comparison of Lords and Senate
Not democratic like Senate, but has successfully challenged government in policy areas and protector of rights better than party or government dominated Commons
How many incumbent Senators and Representatives lost in primaries 1982-2002 and a more modern example?
3 Senators and 54 Representatives and Senator Diane Feinstein of California with on 37% of vote compared to Kevin de León who ran to the left of her
Example of opposition winning in Senate race due to lack of voting
Mitch McConnell beat Democrat Walter Huddleston in Kentucky in 1984, running a campaign about his lack of roll call appearances (missed a quarter)
Example of opposition winning in Senate due to poor voting
Democrat Alan Dixon of Illinois lost in 1992 due to his vote the previous year for Clarence Thomas
Numbers showing desire to be in Senate over House
2004 52 ex-Representatives in Senate, none the either way around
What is Senatorial Courtesy?
Informal idea that the President can meet any member of Senate from their party before a confirmation vote
How does the make-up of the House Rules differ from others?
Smaller and skewed in favour of the majority more, currently 11 Republicans and 4 Democrats
How can the Rules Committee retain a bill untarnished?
It can ban amendments on it
How many times can a bill go to Conference Committee?
The bill gets two chances in each House and then it is returned to the standing committee of where it came from
Why do Select Committees exist?
In order to represent more than one policy area than a Standing Committee would, and if a certain policy area is too time consuming
2 examples of Select Committees
Joint one on 9/11 and Senate one on CIA
How have chairmen changed on Committees?
Seniority rule has been replaced since the 70s with secret balloting, and since the 90s there have been 6 year term limits
El jefe del Senado
Jamie Whitten, Mississippi Democrat who was the Chairman of the Appropriations Sub-Committee on Agriculture for 43 years
How does Congress declare war these days?
Both Houses have to agree
Electoral College tie result
House chooses President, Senate chooses Vice President
How are Vice Presidents replaced after the 25th?
Both Houses must agree on a replacement
What powers does the Speaker of the House have over committees?
Formally awards committee assignments and sometimes standing committee chairs
What links LBJ and Dole as Presidential candidates?
Role as Majority Leaders in Senate
What do Standing Committees do?
Hold hearings on bills and then vote on them, and investigate need for new policy or changes in current policy
What roles do committees play in confirmation?
Senate Foreign do ambassadors, and Judicial do SC nominees
Numbers showing power of Senate Judiciary?
Indicator for success in vote, Bork 5-9 turned to 42-58 and Thomas 7-7 turned to 52-48
What is a locality rule?
You have to live in the district where you stand in the House
Party vote percentage in 1995 for Senate and House
69% and 73%
Why are committees trusted?
They are seen as policy experts due to time and knowledge, and therefore have much de jure and de facto power in the lead up to the floor debate
What is the House Rules Committee in the Senate?
‘Unanimous consent agreement’
How can the Rules Committee be overruled?
A discharge petition supported by half of Congressmen and women to free a bill from the Committee
Example of cloture motion issue
Robert Byrd failed 8 times to pass one on Campaign Finance Reform Bill of 1988
How many vetoes did Clinton make?
34
Example of pocket veto
Consumer Bankruptcy Overhaul Bill in December 2000
Why is the pocket veto useful in terms of timing?
It can stop the many bills that may be rushed through at the end of a legislative session
Percentage of those who were re-elected to the House in 1998
98.3%
Speaker of House power over whole legislative programme
They select conference committee chairs
Who brokers unanimous consent agreements in the Senate?
Majority and minority leaders
Difference between bill passages in chambers in US and UK
US done concurrently, while in UK it is one chamber then another
Second reading difference UK and US
Second reading comes before committee in UK while in US committee can pigeon hole before this mandate is given
What does a committee do with a bill at the end of hearings?
A mark-up session where amendments are made, and then reporting out, where the bill is passed on to the next stage
Why are colleagues and staff vital for Congress members?
There are many votes so staff often have to advise members which way to vote
When did Congress reform and why?
1974 after Democrat post-Watergate Congress saw importance of reforming institution to be a bulwark against executive, Dixiecrats of party changed to northern liberals
Example of 70s Congress change
No member can be chair of more than one committee
Example of 90s Congress change
3 term limit for House chairmen of committees
Why did the term limit desire for Congress fade?
1994 showed how elections were the best way of keeping Congress accountable as many senior Democrats lost
Reason whips cannot pressure members of Congress based on job security?
The party leadership cannot deselect a candidate, the primaries must
How did Reagan persuade members of Congress?
Having breakfast with them at the White House
What do the Ways and Means and Appropriation Committees deal with
Ways and Means on taxes, Appropriations on federal funds
Example of Committee chairman power
Congressman L Mendel Rivers, Chairman of Armed Services Committee 1965-70 having 11 new major naval installations built in state
