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Politics A-Level > Legislature USA > Flashcards

Legislature USA Flashcards

1
Q

Example in 1st Amendment of limiting congressional power

A

Start by ‘Congress shall make no law’

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2
Q

Why is Congress unusual compared to other executives?

A

It is mainly policy-creating, unlike many other executive dominated legislatures

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3
Q

Why is Congress so powerful?

A

Power over executive, purse-strings power, true representation of US/states rights, and many constitutional powers

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4
Q

Which meeting caused 2 senators for each state?

A

Connecticut Compromise of 1787

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5
Q

How are Congressmen as candidates different from Senators?

A

They are more parochial, caring about local issues, and change their minds more often due to constant campaigning - interest in ‘folks back home’

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6
Q

How are Senators different from Congressmen?

A

Long term national statesmen with less interest in intra-state matters or the ‘whims of the day’ (longevity like with Constitution)

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7
Q

Why does are Senators more prestigious than Congressmen?

A

No gerrymandering threat every 10 years, more special Senate powers, higher profile - more Presidential candidates (Obama), many previous Congressmen, not other way around

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8
Q

Name of 2 powers held by Congress houses

A

Concurrent or exclusive

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9
Q

What is the Senate’s role in impeachment?

A

Give 2/3rds support for Houses previous decision

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10
Q

Which crimes were Clinton impeached for?

A

Perjury and obstruction of justice

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11
Q

What are the exclusive powers of House?

A

Powers of the purse to start all money bills, and therefore have Ways and Means and Appropriations Committee

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12
Q

2 examples of Senate confirmation powers

A

1987 rejection of Bork and 1989 rejection of Tower as Defense Secretary

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13
Q

Who must be confirmed by the Senate?

A

SC justices, cabinet secretaries and ambassadors

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14
Q

How many votes must a treaty must receive to be ratified?

A

2/3rds

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15
Q

Example of successful passage of treaty

A

New START treaty 71-26 decreasing nuclear arsenal of USA and Russia in 2010

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16
Q

Recent example of unsuccessful passage of treaty

A

2012 Rights of Disabled rejected by some Republicans for impinging on US sovereignty

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17
Q

2 examples of executive agreements used

A

TOV in 1919 and SALT II in 1979

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18
Q

What is pork barreling?

A

Bringing home the bacon, earmarking bills for spending in your state leading to an incumbency advantage

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19
Q

What is log trading?

A

Vote trading on bills

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20
Q

Why have members of congress began to toe the party line more often?

A

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

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21
Q

Example of an easy-passing bill

A

Patriot Act 2001

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22
Q

What is a death sentence for a bill?

A

If it is against a special vested interest, such as with campaign spending

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23
Q

Classic saying about President-Congress relationship

A

‘The president proposes, Congress disposes’

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24
Q

What are standing committees?

A

First stage for a bill, where the chairperson can pigeon-hole them quickly

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25
Q

What are subcommittees?

A

More detailed examination of the bill, taking evidence from lobbyists or executive - pork-barrelling and amendments are added at this stage

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26
Q

What is the House Rules committee?

A

Decides upon the time allowed in the chamber for a bill to be debated or not debated at all

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27
Q

What is the floor debate?

A

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

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28
Q

When was the filibuster changed?

A

1975 with 60% cloture motion and 2017 on Supreme Court nominees

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29
Q

What happens after Conference Committee?

A

A simple majority of support in both chambers are needed for the bill to pass

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30
Q

History of line-item veto

A

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

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31
Q

How many times did Obama use the veto in his first term?

A

2 times, record low

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32
Q

Cause for 2013 shutdown

A

Disagreement between houses due to being different party majority

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33
Q

What is a pocket veto?

A

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

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34
Q

Example of use of pocket veto

A

Bush Jnr in 2007 with National Defense Authorization Act for FY 2008

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35
Q

Example of lack of presidential power in Congress

A

Clinton not passing healthcare reform in 1994 even with Democratic Congress

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36
Q

From where can the President influence Congress?

A

Congressional Liaison Office

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37
Q

What is the criticism of Congress about bill passages?

A

It is the ‘bastion of negation’ that turns down more bills from the President than create a legislative package of its own

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38
Q

Why is Congress criticised in it’s interest about the states?

A

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

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39
Q

Through which 4 means does Congress hold the executive to account?

A

Legislative process, holding the purse strings, advice and consent and impeachment powers

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40
Q

Example of vast Congressional resources

A

Congressional Budget Office

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41
Q

Woodrow Wilson quote of 1884

A

Congressional government is committee government: Congress in its committee rooms is Congress at work

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42
Q

Why are congressional committees so powerful in terms of power over the executive?

A

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

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43
Q

Why are congressional committees powerful in terms of relationships with other institutes?

A

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

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44
Q

Examples of blue ribbon committees

A

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

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45
Q

Why are members of Congress ‘independent political entrepreneurs’?

A

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

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46
Q

How is membership of congressional committees decided?

A

By party committees, based on party strength but weighted strongly against minority party (24 v 15 in House Ways and Means)

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47
Q

What is the desire for members of Congress when it comes to committee membership?

A

First to be in one of power, but also in one that represents their constituency like the Agriculture Committee might do for rural districts

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48
Q

Example of independent in office

A

Bernie Sanders, but who has caucused with the Democrats

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49
Q

2 examples of voting factions in Congress

A

Blue Dog Democrats (conservative) and Republican Main Street Partnership (moderate)

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50
Q

Why is party cohesion poor in Congress in terms of a clear joint mandate?

A

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

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51
Q

2 examples of congressional manifestos

A

1994 Contract with America and Democrats Six for ‘06

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52
Q

How have congressional whips increased their powers recently?

A

Organizing committee consignments

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53
Q

Example of successful whipping of members of Congress

A

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

54
Q

2 examples of recent relationships with Congress

A

Bush Jnr having House support up to 2006, but Obama struggling from 2009 to get support particularly having to compromise on healthcare

55
Q

Example of shifting coalitions in Congress supporting surprising measures

A

2010 8 moderate Republicans crossing the aisle to repeal Don’t Ask Don’t Tell

56
Q

General idea of parties in Congress showing their power

A

The best indicator of voting when it comes to members of Congress is party

57
Q

2 original factors for causing increased cohesion in Congress for Republicans

A

Partisanship of Reagan and then of Tea Party controlling Republican majority in 2010

58
Q

Causes for increased voting cohesion of Democrats

A

Loss of Dixiecrats to dissent, as well as liberal leadership of Nancy Pelosi in House

59
Q

Why are members of Congress respectful of pressure groups?

A

They can offer funding and support, or can target you if in a marginal seat with a poor voting record in their area

60
Q

2 examples of pressure groups

A

NRA and American Association of Retired Americans (on healthcare)

61
Q

Example of failure of recent President to work with Congress

A

Bush Jnr in last 2 years

62
Q

2 examples of congressional caucuses

A

Black caucus (Democrats) and Freedom Caucus (libertarian Republicans that got Paul Ryan to where he is)

63
Q

Where do members of congress live and why?

A

In their district, due to the locality rule, whereby we should create a society where ‘all politics is local’

64
Q

What is the re-election rate of members of congress that emphasize their commitment to district?

A

Over 90%

65
Q

How have some members of congress in safe seats been in danger as of recent?

A

Strong challengers in primaries such as Tea Party since 2010 and Roy Moore in Alabama

66
Q

Why are incumbents stronger in Congress in terms of resources?

A

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)

67
Q

Why are incumbents stronger in Congress in terms of the individual nature of the candidate?

A

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

68
Q

Why are incumbents stronger in Congress in terms of opposition weaknesses?

A

Gerrymandering can work against opposition party, and inability to show they can do a better job than the current candidate

69
Q

Why are incumbents sometimes in danger?

A

A ‘kick the bums out’/’drain the swamp’ anti-Washington attitude of 2008/10 and 2016, ethical scandal or outspending by opposition

70
Q

Example of ethics kicking out an incumbent

A

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

71
Q

Example of incumbent loss due to spending

A

Elizabeth Warren beating Scott Brown in 2012 for Massachusetts Senate seat after outspending him in campaign

72
Q

Paradox of the incumbent success

A

10% Congressional approval rating in September 2013 while still incumbents are often unbeatable

73
Q

What are ‘home-style’ activities?

A

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

74
Q

Why are pork-barrelling criticisms misplaced?

A

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

75
Q

3 areas a representative represents?

A

Their state or district, party label and national interest

76
Q

Why do representatives struggle to follow a Burkeian model?

A

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

77
Q

Percentage of women in 115th Congress

A

20.1%

78
Q

Number of Senators with a law degree in 115h Congress

A

55

79
Q

Percentage of blacks in Congress in 2012 and 2017

A

1% in Senate up to a 10% average in 2017, a little lower than the 12.5% of population

80
Q

Percentage of Hispanics in Congress in 2012

A

6% compared to 16% of population

81
Q

Records for members set in 113th Congress

A

First gay Senator of Tammy Baldwin, first Buddhist Senator, first Hindu Congressmen, first openly atheist member

82
Q

Percentage of millionaires in 113th Congress

A

40%

83
Q

Average age in House and Senate in 115th Congress

A

58 and 62

84
Q

Example of minority PAC

A

Emily’s List for abortion-supporting Democratic women

85
Q

Number of majority-minority districts of blacks and Hispanics in 2010 census

A

27 black, 30 Hispanic

86
Q

Why has Congress not become socially representative yet in terms of those willing to run?

A

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

87
Q

Comparison with UK of impeachment

A

Vote of no confidence in 1979

88
Q

Comparison of Lords and Senate

A

Not democratic like Senate, but has successfully challenged government in policy areas and protector of rights better than party or government dominated Commons

89
Q

How many incumbent Senators and Representatives lost in primaries 1982-2002 and a more modern example?

A

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

90
Q

Example of opposition winning in Senate race due to lack of voting

A

Mitch McConnell beat Democrat Walter Huddleston in Kentucky in 1984, running a campaign about his lack of roll call appearances (missed a quarter)

91
Q

Example of opposition winning in Senate due to poor voting

A

Democrat Alan Dixon of Illinois lost in 1992 due to his vote the previous year for Clarence Thomas

92
Q

Numbers showing desire to be in Senate over House

A

2004 52 ex-Representatives in Senate, none the either way around

93
Q

What is Senatorial Courtesy?

A

Informal idea that the President can meet any member of Senate from their party before a confirmation vote

94
Q

How does the make-up of the House Rules differ from others?

A

Smaller and skewed in favour of the majority more, currently 11 Republicans and 4 Democrats

95
Q

How can the Rules Committee retain a bill untarnished?

A

It can ban amendments on it

96
Q

How many times can a bill go to Conference Committee?

A

The bill gets two chances in each House and then it is returned to the standing committee of where it came from

97
Q

Why do Select Committees exist?

A

In order to represent more than one policy area than a Standing Committee would, and if a certain policy area is too time consuming

98
Q

2 examples of Select Committees

A

Joint one on 9/11 and Senate one on CIA

99
Q

How have chairmen changed on Committees?

A

Seniority rule has been replaced since the 70s with secret balloting, and since the 90s there have been 6 year term limits

100
Q

El jefe del Senado

A

Jamie Whitten, Mississippi Democrat who was the Chairman of the Appropriations Sub-Committee on Agriculture for 43 years

101
Q

How does Congress declare war these days?

A

Both Houses have to agree

102
Q

Electoral College tie result

A

House chooses President, Senate chooses Vice President

103
Q

How are Vice Presidents replaced after the 25th?

A

Both Houses must agree on a replacement

104
Q

What powers does the Speaker of the House have over committees?

A

Formally awards committee assignments and sometimes standing committee chairs

105
Q

What links LBJ and Dole as Presidential candidates?

A

Role as Majority Leaders in Senate

106
Q

What do Standing Committees do?

A

Hold hearings on bills and then vote on them, and investigate need for new policy or changes in current policy

107
Q

What roles do committees play in confirmation?

A

Senate Foreign do ambassadors, and Judicial do SC nominees

108
Q

Numbers showing power of Senate Judiciary?

A

Indicator for success in vote, Bork 5-9 turned to 42-58 and Thomas 7-7 turned to 52-48

109
Q

What is a locality rule?

A

You have to live in the district where you stand in the House

110
Q

Party vote percentage in 1995 for Senate and House

A

69% and 73%

111
Q

Why are committees trusted?

A

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

112
Q

What is the House Rules Committee in the Senate?

A

‘Unanimous consent agreement’

113
Q

How can the Rules Committee be overruled?

A

A discharge petition supported by half of Congressmen and women to free a bill from the Committee

114
Q

Example of cloture motion issue

A

Robert Byrd failed 8 times to pass one on Campaign Finance Reform Bill of 1988

115
Q

How many vetoes did Clinton make?

A

34

116
Q

Example of pocket veto

A

Consumer Bankruptcy Overhaul Bill in December 2000

117
Q

Why is the pocket veto useful in terms of timing?

A

It can stop the many bills that may be rushed through at the end of a legislative session

118
Q

Percentage of those who were re-elected to the House in 1998

A

98.3%

119
Q

Speaker of House power over whole legislative programme

A

They select conference committee chairs

120
Q

Who brokers unanimous consent agreements in the Senate?

A

Majority and minority leaders

121
Q

Difference between bill passages in chambers in US and UK

A

US done concurrently, while in UK it is one chamber then another

122
Q

Second reading difference UK and US

A

Second reading comes before committee in UK while in US committee can pigeon hole before this mandate is given

123
Q

What does a committee do with a bill at the end of hearings?

A

A mark-up session where amendments are made, and then reporting out, where the bill is passed on to the next stage

124
Q

Why are colleagues and staff vital for Congress members?

A

There are many votes so staff often have to advise members which way to vote

125
Q

When did Congress reform and why?

A

1974 after Democrat post-Watergate Congress saw importance of reforming institution to be a bulwark against executive, Dixiecrats of party changed to northern liberals

126
Q

Example of 70s Congress change

A

No member can be chair of more than one committee

127
Q

Example of 90s Congress change

A

3 term limit for House chairmen of committees

128
Q

Why did the term limit desire for Congress fade?

A

1994 showed how elections were the best way of keeping Congress accountable as many senior Democrats lost

129
Q

Reason whips cannot pressure members of Congress based on job security?

A

The party leadership cannot deselect a candidate, the primaries must

130
Q

How did Reagan persuade members of Congress?

A

Having breakfast with them at the White House

131
Q

What do the Ways and Means and Appropriation Committees deal with

A

Ways and Means on taxes, Appropriations on federal funds

132
Q

Example of Committee chairman power

A

Congressman L Mendel Rivers, Chairman of Armed Services Committee 1965-70 having 11 new major naval installations built in state

Politics A-Level (11 decks)

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