The legislative branch: Congress

Question 1

What is the structure of Congress?

Answer 1

• House of Representatives - lower house; 435 members; reps different congressional districts; 2-year terms; all seats contested at every election.
• Senate - upper house; 100 members; each state represented by 2 members; 6-year terms; 1/3 seats contested every election.

Question 2

What are the roles of Congress?

Answer 2

• passing legislation; makes federal laws.
• representing the people; need to represent interests of constituents.
• overseeing executive; number of powers allow it to scrutinise/check actions of president and federal gov.

Question 3

What are the legislative powers of Congress?

Answer 3

• Congress initiates legislation.
• both houses must approve bill.
• once bill approved, sent to president where it will be signed, vetoed, left on desk.

Question 4

How does Congress override a presidential veto?

Answer 4

• Congress decided either to amend/abandon bill, or override veto.
• Congress can override president’s veto if it has 2/3 majority in each house.

Question 5

How does Congress initiate amendments to Constitution?

Answer 5

• any amendment to Constitution needs 2/3 majority in both houses.
• once passed, is sent to states for approval.

Question 6

How does Congress ratify treaties?

Answer 6

• Senate only
• presidents negotiate but cannot be ratified without 2/3 majority in Senate.

Question 7

How does Congress declare war?

Answer 7

• both houses must vote.
• hasn’t been used since 1941.
• modern presidents avoid asking for formal declaration.

Question 8

How does Congress perform oversight?

Answer 8

• must approve federal budgets.
• congressional committees allow investigation of executive.

Question 9

How does Congress confirm presidential appointments?

Answer 9

• Senate only.
• confirmation required for all presidential appointments to the federal judiciary.
• many presidential appointments to executive branch also need confirmation.

Question 10

How does Congress impeach/remove from office?

Answer 10

• only House can impeach public official; simple majority needed.
• only Senate tries impeachments; 2/3 majority needed -> official’s immediate removal.

Question 11

What is the legislative process like in Congress?

Answer 11

• simultaneously through House/Senate.
  HOUSE:
• Introduction - no debate or vote.
• Committee stage - standing committee hearing; vote.
• Timetabling - House Rules Committee.
• Floor debate/vote on passage.
• Conference committee if required - reconcile differences between House/Senate versions.
• Presidential action.
  SENATE:
• Introduction
• Committee stage
• Timetabling - by unanimous consent.
• Floor debate/vote.
• Conference committee.
• Presidential action.

Question 12

What criteria do members of Congress have to meet?

Answer 12

• representatives - 25; senators - 30.
• representatives - minimum of 7 years citizenship; senators - minimum of 9 years citizenship.
• both representatives/senators have to reside in state they represent.

Question 13

What is the current composition of Congress?

Answer 13

• Has been criticised for failing to reflect US society; USA forecast to become minority white by 2045; Christians overrepresented.
• becoming more representative; 117th was most racially diverse in history.
• 116th – first two Muslim women elected; four Native American people; AOC became youngest ever congresswoman at 29.
• AOC, Ilhan Omar, Ayanna Pressley, Rachida Tlaib = The Squad.
• Women, Hispanic people, African Americans, those with no religion underrepresented.
• 2018 midterms – record women ran; resulting 116th Congress had largest proportion (24%) in history; 117th – 27%; US population is majority female.
• Women better represented in Dems than Reps.
• Hispanics are largest minority ethnic group/make up 18% of population, but 9% of 117th Congress; record number of African Americans – 52 in House, 3 in Senate.

Question 14

What are the reasons for underrepresentation?

Answer 14

• Many members first serve in state legislatures, where women/African Americans also underrepresented.
• Congress has been traditionally male/slow to respond to needs of women, so is an off-putting environment eg Senate swimming pool male only until 2009/allowed male senators to swim naked.
• Senators have to be physically present to vote, so difficult for new parents; Tammy Brown became first senator to have a baby while in office in 2018.

Question 15

How do term lengths affect roles?

Answer 15

• senators in posts longer so should become more experienced; take more long-term views; allows them to take decisions that might be unpopular in short term.
• Senate acts as some protection against volatile swings in opinion.

Question 16

What is party allegiance like in Congress?

Answer 16

• two main parties.
• 117th - all but two senators Republican or Democrat; still part of Democratic caucus.

Question 17

What are some of the features of the legislative function?

Answer 17

• gridlock - when unable to pass legislation effectively.
• divided gov - houses held by different parties, or both by same party by presidency by opposing party; gridlock more likely as executive needs support of both houses.
• filibuster - allows individual senators to kill off legislation by talking at length to prevent a vote.
• cloture - ending filibuster; at least 60 senators need to vote to end one -> 3/5 supermajority; can be another cause of gridlock.

Question 18

Arguments that Congress performs legislative function effectively.

Answer 18

• has passed transformative legislation including ACA 2010, which reformed healthcare in the USA.
• major legislation most likely to be passed during periods of united gov, as was the case 2009-10.
• even during period of hyperpartisan division compromise possible; Rs/Ds worked together to pass First Step Act 2018 (reformed criminal justice system) - passed by 87-12 in Senate and 358-36 in House.
• can pass emergency legislation when needed; covid -> largest ever economic stimulus, CARES Act.
• can reject legislation proposed by executive.

Question 19

What was the longest ever filibuster?

Answer 19

• 24 hours, 18 minutes.
• on issue of civil rights.
• Strom Thurmond supported racial segregation; attempted to filibuster Civil Rights Act 1957.

Question 20

Arguments that Congress doesn’t perform legislative function effectively?

Answer 20

• only 2-3% of all bills become law; 1980s - 6-7%.
• 112th Congress passed 283 bills; least productive in history.
• 115th Congress passed 442 bills; nearly 1/3 ceremonial eg renaming courthouse.
• gridlock common; polarisation.
• filibuster.
• increased use of closed rules by House Rules Committee has reduced no. of amendments made to House bills.
• presidential vetos rarely overturned; supermajority of 2/3.

Question 21

What is congressional oversight?

Answer 21

• oversee, investigate, scrutinise activities of federal gov; implied power.
• during periods of divided gov, majority of one or both houses has incentive to investigate opponents in executive; after winning House in 2018, Ds launched series of investigations into Trump resulting in first impeachment.
• weaker during periods of united gov; only applies if president has control over party eg Trump unable to repeal ACA during first 100 days.
• presidents who enjoy high approval ratings may face less opposition; WBush’s ratings up to 90% after 9/11.

Question 22

How does Congress investigate the executive?

Answer 22

• standing/select committees; hold hearings/can subpoena witnesses to provide info; lying is a crime.
• threat of investigation should motivate executive to ensure actions legal/reasonable; televised; some investigations intended to smear political opposition instead of positive oversight.
• creates vast workload; Government Accountability Office (GAO) supports Congress, though it has been reduced in size; GAO, Congressional Research Service, Congressional Budget Office cut by 45% 1975-2015.

Question 23

How does Congress confirm nominees as a form of oversight?

Answer 23

• senate confirmation needed; may refuse to confirm, though this is rare; encourages presidents to nominate high-quality individual; nominations sometimes withdrawn.
• process highly criticised for politicisation; president whose party controls Senate generally has nominees confirmed even if questionable eg billionaire Betsy DeVos as Trump’s education secretary (argued guns in school would protect students from bears) -> 50/50.
• can block nomination for partisan reasons; 2016 - R senators refused to hold hearings on appt of Merrick Garland.

Question 24

How does Congress use impeachment as a form of oversight?

Answer 24

• can impeach/try president for treason, bribery, other high crimes.
• threat prompted resignation of Nixon in 1974; Bill Clinton’s reputation never recovered despite acquittal; can also impeach other officials.
• has never needed to conviction/removal; Trump acquitted in first trial 52-48; popularity reached 49% (highest point in presidency).

Question 25

How does Senate ratification of treaties work as a form of oversight?

Answer 25

• president negotiates, Senate ratifies.
• forces president to work closely; agreement not always possible.
• rejected Treaty of Versailles - start of international isolationism; Comprehensive Test Ban Treaty - would have banned testing of nuclear weapons; Convention of the Rights of Persons with Disabilities.
• recent presidents often use direct authority to make executive agreements.

Question 26

Arguments that Congress fulfils oversight function effectively.

Answer 26

• strong oversight during periods of divided government.
• standing/select committee investigations of executive provide high-profile scrutiny.
• better able to check executive if president unpopular or at end of presidency.
• Congress can impeach/try president for wrongdoing in office.
• Fear of impeachment/investigation helps to keep president + government officials acting within law.
• president must work closely with Senate during treaty negotiations to secure ratification.
• Senate can refuse to confirm presidential appointments.

Question 27

Arguments that Congress doesn’t fulfil oversight function effectively.

Answer 27

• Members generally reluctant to criticise president if belong to same party, so oversight weaker during periods of unified government.
• Congress’ lack of popularity makes it difficult to attack popular president.
• Investigations can be politicised/partisan.
• Investigations can be time consuming/costly but may yield few results.
• No president has ever been removed by impeachment process.
• Trump’s partisan acquittal by the Senate in 2020 showed that political allegiance may have more impact in an impeachment trial than the alleged facts of the case.
• The Senate has refused to ratify reasonable treaties, which isolated the USA from key global agreements.
• confirmation process for political nominees is highly politicised.
• number of employees supporting Congress with work of oversight has been reduced over last 50 years.

Question 28

What is the power of the purse?

Answer 28

• ensure people’s representatives give consent to taxation; only Congress can raise revenue for federal gov; all tax bills must start in House, but Senate can amend; approval of both chambers.
• shutdowns happen when there’s no compromise so budget not passed; full shutdowns unpopular be used of inconvenience.
• to avoid shutdown, Congress resorts to temporary continuing resolutions; executive may be forced to make concessions to Congress to keep federal gov running.
• Trump found way to bypass in 2019 when he declared national emergency to use emergency federal funding to pay for border wall.

Question 29

Arguments that Congress uses power of the purse effectively.

Answer 29

• one of most powerful checks on executive.
• executive may make concessions to avoid shutdown.
• shutdowns relatively rare.

Question 30

Arguments that Congress doesn’t use power of the purse effectively?

Answer 30

• shutdowns disruptive/unpopular/can be lengthy.
• threat of shutdown over very budget negotiation.
• presidents unable to reduce size of federal budget so debt continues to increase.
• pork barrel funding unnecessary use of taxpayers’ money.
• Trump’s use of emergency powers to bypass power has created precedent.

Question 31

What is the significance of congressional caucuses?

Answer 31

• most members belong to many, but all belong to one of two party caucuses.
• smaller caucuses - similar interest; 2021 - House Freedom Caucus consisted of around 45 conservative Republicans with commitment to limited gov, Congressional Progressive Caucus of nearly 100 progressive Ds.
• bipartisan ones - Bipartisan Heroin and Opioid Task Force; Congressional Black Caucus officially, but only 4 Rs have ever joined.

Question 32

What’s the significance of party leadership?

Answer 32

• members of each party elect leader - majority leader if they have majority, minority leader if they don’t.
• act as floor leaders in both chambers; plan legislative agenda/coordinate party for votes to try and achieve party unity.
• Speaker of the House is most high profile - president over debates/keeps orde; determine legislative agenda for House; choose members of conference and select committees; Nancy Pelosi first female speaker 2007-11, reelected in 2019.

Question 33

What is party discipline like in Congress?

Answer 33

• traditionally weak; majority and minority party whips in each chamber organise party members to vote as directed; power to enforce unity limited -> separation of powers prevents party leaders offering gov positions in exchange for support.
• in House speaker decides who sits on House Rules Committee; in Senate party leaders determine which senators serve on committees.
• party leaders often need to use powers of persuasion.
• threat of withdrawal of party support; 2018 midterms - many Trump critics resigned from Congress/replaced by more supportive.
• only one Republican senator voted against Trump in 2019 impeachment trial.

Question 34

What is the importance of partisanship?

Answer 34

• can be damaging for democracy if extreme.
• 1980s - many congress members centrist with some ideological overlap; allowed them to work together.
• since 1990s more polarised; wider gap on political spectrum; reduced no. of competitive districts with 91 by 2020.
• polarisation increases partisanship; gridlock; number of party unity votes has increased since 2000.
• attempts to increase bipartisanship - Problem Solvers Caucus set up 2017 (50 members from both parties).
• party leaders have been prepared to compromise on key initiatives eg First Step Act 2018; Covid.

Question 35

What are standing committees responsible for?

Answer 35

• hold hearings during committee stage of bills; listen/question witnesses and vote on bill.
• carry out investigations/oversight of executive, focused on committee’s policy area.
• Senate select committees hold hearings to consider suitability of presidential nominee; followed by committee vote.

Question 36

What are select committees?

Answer 36

• set up to deal with specific urgent issue; most temporary but House Permanent Select Committee on Intelligence and Senate Select Committee on Intelligence.
• investigate issues; creates incentive for executive to ensure actions reasonable; highly politicised.
• House Select Committee on Benghazi to investigate 2012 terrorist attackers on US embassy; Hillary Clinton questioned for 11 hours; hostile tone by Republicans; divided along party lines.

Question 37

What is the House Rules Committee?

Answer 37

• standing committee in House; sets rules for bills, determining time they will have on floor/whether amendments allowed.
• membership of 13 weighted in favour of majority party; speaker uses party’s control to determine what is debated.
• 115th Congress - 56% of bills debated under closed rules; highest in history.

Question 38

What are conference committees?

Answer 38

• temporary committees to consider specific bill.
• when House and Senate have passed different versions of same bill.
• merge versions then sent back to houses to be approved.
• important role in developing legislation; 104th Congress had 67 conference reports compared to 7 in 115th.

Question 39

How do members of Congress represent their constituents?

Answer 39

• communicating with them through visits to state/district including town hall meetings; buse social media/letters.
• passing legislation - follow delegate model and cite according to constituents’ views or trustee model.
• committee membership - sit on committees that allow them to defend interests eg 2015-20 - chair of Senate Agricultural Committee was Pat Roberts; steered farm bill through Congress with support of many Kansas agricultural groups.
• lobbying executive - pork barrel funding eg proposed $400m project that would’ve joined town in Alaska to Gravina Island.
• constituency casework - ask for help with problems involved a federal agency.

Question 40

What is the relationship of Congress to the executive?

Answer 40

• president depends on support from Congress to pass legislation.
• Office for Legislative Affairs lobbies members to vote for president’s legislation.
• president’s administration can reach out/call in favours.
• often needs votes from opposing party so lobbies both parties.
• VP Kamala Harris has significant role in Senate as it was split 50-50 in 2021.

Question 41

What is the relationship of Congress to the Supreme Court?

Answer 41

• SC can rule Acts unconstitutional; huge power; Congress can only overturn ruling by introducing amendment.
• 1996 - Congress passed Defense of Marriage Act giving states right to refuse to recognise same-sex marriages performed in other states; struck down by United States v Windsor (2013) and Obergefell v Hodges (2015).
• Senate responsible for confirming SC justices and could impeach them; only one has ever been in 1811.

Question 42

Arguments that Congress is the broken branch of gov.

Answer 42

• frequent gridlock.
• 2-3% bills become law.
• increased partisanship.
• gov shutdowns unpopular and bring federal gov to standstill.
• Congress unpopular with public.
• congressional investigations can be more focused on point scoring.
• unnecessary pork spending contributes to bloated budgets.
• Trump’s 2020 acquittal voted for on partisan grounds.
• SC can declare laws unconstitutional.
• Senate confirmations politicised/partisan as opposed to genuine oversight.
• uncompetitive seats.
• Congress has not declared war since 1941 despite regular military action by USA.

Question 43

Arguments that Congress is not the broken branch.

Answer 43

• major legislation still passed every year.
• bipartisan compromise still possible eg First Step Act 2018.
• CARES Act 2020 showed unity possible in response to emergency.
• individual members of Congress highly likely to be re-elected.
• congressional investigations provide oversight and scrutiny of executive.
• power of purse holds executive branch accountable.
• Congress has impeached and tried three presidents.
• Senate confirmation of SC justices encourages presidents to choose experienced nominees.
• polarisation in Congress is representative of a divided USA.