Legislatures Flashcards
Congress was created to balance desires of representation of what two groups?
Population and states.
What federal office has the smallest constituency?
House of Representatives
Where do revenue bills start?
House of Representatives
Why did the framers want tax bills (revenue bills) to start in the House?
Framers wanted to avoid unwarranted taxes that started the revolution. They thought that a short election cycle and being responsible to a small constituency would help avoid that.
Which states benefited from revenue bills originating in the House?
Large states. (Small states wanted them to originate in the Senate.)
Which chamber is considered to be more “deliberative?”
Senate because they don’t have the pressure of elections every two years.
What is the election cycle for the House of Representatives?
Every two years.
How were Senators originally chosen?
by State Legislatures
17th Amendment
1913 - direct election of Senators
What is the election cycle of Senators?
Every 6 years (1/3 of the Senate is up for re-election every two years)
Incumbency
Status of already holding office.
What percentage of House incumbents won re-election in 2016?
95%
What has been the average approval rating for the House of Representatives the past few years?
14%
If Congress is so unpopular, why do representatives so easily win re-election?
Name recognition, redistricting (gerrymandering), and franking.
Gerrymandering
Redrawing congressional district boundaries every ten years (after each census) in a way that favors the party in charge of each state. Named after Massachusetts Governor Elbridge Gerry in 1811 when a district was redrawn to favor his part and it looked like a salamander.
franking
The privilege given to Senators and Representative of sending free mail to every household in their state/district. Their signature serves as the postage stamp.
Reapportionment
Reallocation of seats in the House of Representatives to each state every ten years after the census.
Redistricting
Redrawing Congressional districts based on reapportionment.
Baker v. Carr
1962 Supreme Court case that established the right of Federal Courts to review issues concerning redistricting within states to support the standard of “one person, one vote.” Previously these issues were considered “political” and outside the jurisdiction of the federal courts.
Is gerrymandering legal?
Yes. 1986 Supreme Court decision said it is only illegal when it eliminates a minority party’s influence state-wide.
Majority-Minority District
Legislative district in which a racial or ethnic minority group is the majority.
Shaw v. Reno
1993 Supreme Court case that ruled redistricting based on race must be held to a standard of strict scrutiny under the Equal Protection clause of the 14th Amendment
What is the elastic clause of the Constitution?
Congress shall have the power to “make all Laws that are necessary and proper … “
Trustee model
Model of representation in which a member follows their own conscience.
Central responsibility of Congress
Policy making
Oversight
Process by which the legislative branch “checks” the Executive branch to ensure the laws passed by Congress are being implemented properly.
Tools of Congressional Oversight
Congressional hearings, confirmation hearings, inquiries into alleged wrongdoing, budget appropriations
Number of members in the House of Representatives
435
Number of Senators
100
Which chamber of Congress is the “people’s house?”
House of Representatives
Bill
proposed legislation
Five steps for a bill to become law.
1) introduction, 2) committee review, 3) House and Senate approval, 4) reconciliation (if there are differences in the Senate and House versions), 5) Presidential approval
Hopper
Wooden box on a desk in the House of Representatives into which Members place bills they want to introduce.
Joint referral
Practice abolished in 1995 of referring bills to more than one committee.
Lead committee
The primary committee considering a bill.
Congressional Record
A formal record of all Congressional actions.
Die in committee
When a committee refuses to take action or advance proposed legislation.
Committee majority
made up of the majority party
Seniority system
System in which member with longest tenure is given preference when the committee chooses its chair.
Standing committees
Permanent committees with defined legislative jurisdiction.
Select committees
Committees created specially to consider specific policy issues.
Joint committees
Committees composed of members from both chambers.
Subcommittee
Committee subordinate to a standing committee for a specific issue.
Agency review
process of asking for feedback on legislation from the agency that would be responsible for enacting the legislation.
Markup
Proposed changes to a bill made in committee.
Report
Issuance of a bill to the full chamber after changes are made in committee.
Discharge petition
Special tactic used to extract a bill from committee to have it considered by the full House.
Rules committee
One of the most important committees in the House. They decide on the length of debate and the scope of amendments allowed on a bill.
Key differences in legislative process between House and Senate.
Senate allows filibusters, House does not. Senate allows nongermane amendments, House does not. Senate does not allow discharge petitions, House does. Senate uses unanimous consent to establish rules, House has the Rules Committee.
Unanimous Consent
Agreement by every senator on the terms of debate.
Filibuster
Procedural move by a member of the Senate to stop passage of a bill during which the Senator can speak for an unlimited time on the floor.
Current record for filibuster
Senator Strom Thurmond of South Carolina spoke for 24 hours and 18 minutes in an attempt to stop passage of the Civil Rights Act of 1957.
Cloture
Procedural move to end a filibuster that requires approval by 60 members of the Senate.
Nuclear Option
Eliminating the filibuster (done to a limited extent by Democrats in 2013 and applied only to judicial and executive branch nominees, except for Supreme Court nominees.)
Actions the President can take on legislation.
1) Sign it, 2) veto it, 3) do nothing.
What happens if a President does nothing?
After ten days the bill becomes law if Congress is in session. After ten days the bill is vetoed (pocket veto) if Congress is not in session.
Veto Override
Congress can pass a bill that has been vetoed with 2/3 vote in both chambers.
Speaker of the House
Leader of the House of Representatives, chosen by the majority party
Where is the Speaker of the House in the line of succession?
After the Vice President.
Caucus
Meeting of a particular party to elect leaders, discuss legislation, etc.
House Majority Leader
Leader of the majority party in the House who helps the Speaker to develop and implement strategy.
Majority Whip
Liaison between Majority Leader and members of the majority party.
Origin of the term “whip”
comes from English whipper-in who was a hunter whose job was to keep the foxhounds in the pack and keep them from going astray.
House Minority Leader
Leader of the minority party in the House.
House Minority Whip
Liaison between the House Minority Leader and the members of the minority party.
Leader of the Senate
Vice President (only votes when breaking a tie.)
President Pro tempore
Pronounced “President Pro Tem” meaning “president for a time.” Senate Leader elected by the majority party to act in the absence of the Vice President (who rarely leads the Senate in practice except to break a tie). Position is usually honorary and given to longest serving member of majority party, but is also third in line of succession to the Presidency behind the Speaker of the House.
Senate Majority Leader
Leader of the majority party in the senate who wields the actual power in the chamber.
Senate Minority Leader
Leader of the minority party in the Senate.
Partisan Voting
Voting for or against legislation purely in opposition to the other party.
Logrolling
The practice of trading votes.
Attentive public
Segment of voters who pay close attention to political issues.
Instructed Delegate Model of Representation
Representatives vote according to their constituents’ views even if it is contrary to their conscience.
Pork Barrel
Appropriations of funds for special projects located in their own districts. (more money equals more jobs in their districts.)
Earmarks
Designation within a spending bill that provides for a specific expenditure.
Casework
Personal aid to a constituent in the form of getting the government to do something the constituent wants. (I wrote our Congressman about your missing Air Force Research Lab check – that was casework on their end.)
Ombudsperson
Elected or appointed person acts as an advocate for citizens by listening to and investigating complaints about government agencies.
Upside of Casework
Improves standing of elected official in eyes of constituents. Gives constituents confidence that government works for them.
Hold
A procedural practice in the Senate whereby a senator temporarily blocks the consideration of the bill or nomination.
Rider
A provision attached to a bill – to which it may or may not be related – in order to secure its passage or defeat.
