Text Book - Congress Flashcards
1
Q
Development of the role of Congress
A
- due to suspicion of tyranny of the national legislature following the revolution, the power of the national legislature was closely detailed, elaborated in Article 1 section 8
- 10th amendment: all powers not explicitly allocated to Congress were ‘reserved to the states’
- Congress’ power has grown so much it is often referred to as the most powerful legislatures in the world
2
Q
vagueness in Article 1 which allowed for the expansion of Congress’ power
A
- the power to provide for general welfare has provided justification for federal social programmes
- the interstate commerce clause has provided the justification of federal regulation, including, for example, the Civil Rights Act
3
Q
what does the separation of powers entail for Congress
A
- it is not interlinked with the executive
- meaning many laws can be initiated by Congress, such as the McCain Feingold Bipartisan Campaign Reform Act passed in 2002
- the president has few formal means of controlling Congress
4
Q
how does Congress scrutinise the executive?
A
- through the confirmation of appointments and the oversight of executive departments
- it also has the sole power of the purse to control both the budget and the allocation of finances
- it can reject the president’s budget e.g. Congress thwarted a key pledge of the Obama administration, the closure of Guantanamo Bay, through the passage of legislation barring the use of federal funds to transfer detainees from Guantanamo to the USA
5
Q
what are the limits on Congress?
A
- its laws may be struck down by the Supreme Court
- some congressional powers have been overtaken by the president e.g. the power to declare war
- congress was envisaged by the constitution as the most significant branch of government but as the need for national leadership arose its significance has been eroded
6
Q
criticism of congress
A
- congressman and senators are preoccupied with re-election and meeting local concerns, which hampers their ability to take a national view; a frequent criticism is that local interests are over-represented at the expense of the national interest
7
Q
shared powers of House of Representatives and the Senate
A
- pass legislation, and all powers of tax raising and spending; both houses have equal power, and all bills pass all stages in both houses; both have full power of detailed scrutiny and amendment
- to conduct investigations of the executive branch
- to initiate constitutional amendments
- to declare war
- to approve appointment of the vice-president if a vacancy should arise
8
Q
exclusive powers of the House of Representatives
A
- powers reflect its role as the voice of the people:
- to begin consideration of all revenue-raising bills
- to bring impeachment charges against any member of the executive or judicial branch on a simple majority
- to elect the president if no candidate has an overall majority in the Electoral College
9
Q
exclusive powers of the Senate
A
- the senate’s exclusive powers reflect the original role of this house as a deliberative body:
- to ratify all treaties negotiated by the president, two-thirds majority required
- to try cases of impeachment, two-thirds majority required to convict and remove officeholders
- to confirm nominations to the executive and judicial branches by the president, a simple majority required
- to elect the vice-president if there is no overall majority in the Electoral College
10
Q
Composition of Congress:
House of Representatives
A
- consists of 435 members
- each represents a district
- states are allocated districts on the basis of their population
- the least populous state is Wyoming which has just one representative
- redistricting occurs every 10 years to keep in line with population shifts
11
Q
Composition of Congress:
Senate
A
- 100 members
- two senators allocated to each state
- states with small populations are significantly overrepresented
- defenders of the senate say that equal representation is an important element of the federal nature of the constitution
- but the interests of the rural population are upheld at the expense of the majority living in cities
12
Q
status of the two chambers
A
- Senate is usually considered to have greater prestige than the House
- fewer in number and enjoy a longer tenure
- exclusive powers of senate are often seen as more significant
- House members will often aspire to join the Senate but not the other way round
13
Q
consequences of differences in size and area represented:
House of Representatives
A
- House representatives are specialists, serving on one or two committees - areas of specialism often corresponding with the concerns of their district
- they have fewer constituents than senators (mostly) ensuring a close relationship
- they are closely aligned with the public opinion as they are elected every 2 years
14
Q
consequences of differences in size and area represented:
Senate
A
- senators are generalists usually serving on two or three committees
- represent a broader range of opinion as they are elected for 6 year terms
- no limit on debate
- power of filibuster symbolises its individual nature
15
Q
evidence to suggest that the Senate has become more ideological and partisan
A
- rapidly increasing cost of elections:
- the average winning candidate spent $10.2 million in 2012 according to OpenSecrets.org, compared to $3.7 million in 1996
- this means that even with 6 years between elections, senators now have to spend as much time as possible in their states, fund-raising for the next one
- a higher proportion of the senate is now made up of former House representatives e.g. 48 of the 2012-14 senators had previously served in the House, 26 democrats and 22 republicans, whereas 30 years before, fewer than a third had - and they bring the more antagonistic and combative ethos of the House with them
- former governors, who tend to be less partisan are now fewer in number
- aides have proliferated in recent years and are often more ideological than the senators they serve, pushing them to make more entrenched positions
