The legislative branch: Congress Flashcards
1
Q
What is the structure of Congress?
A
- 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.
2
Q
What are the roles of Congress?
A
- 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.
3
Q
What are the legislative powers of Congress?
A
- Congress initiates legislation.
- both houses must approve bill.
- once bill approved, sent to president where it will be signed, vetoed, left on desk.
4
Q
How does Congress override a presidential veto?
A
- 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.
5
Q
How does Congress initiate amendments to Constitution?
A
- any amendment to Constitution needs 2/3 majority in both houses.
- once passed, is sent to states for approval.
6
Q
How does Congress ratify treaties?
A
- Senate only
- presidents negotiate but cannot be ratified without 2/3 majority in Senate.
7
Q
How does Congress declare war?
A
- both houses must vote.
- hasn’t been used since 1941.
- modern presidents avoid asking for formal declaration.
8
Q
How does Congress perform oversight?
A
- must approve federal budgets.
- congressional committees allow investigation of executive.
9
Q
How does Congress confirm presidential appointments?
A
- Senate only.
- confirmation required for all presidential appointments to the federal judiciary.
- many presidential appointments to executive branch also need confirmation.
10
Q
How does Congress impeach/remove from office?
A
- only House can impeach public official; simple majority needed.
- only Senate tries impeachments; 2/3 majority needed -> official’s immediate removal.
11
Q
What is the legislative process like in Congress?
A
- 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.
12
Q
What criteria do members of Congress have to meet?
A
- 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.
13
Q
What is the current composition of Congress?
A
- 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.
14
Q
What are the reasons for underrepresentation?
A
- 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.
15
Q
How do term lengths affect roles?
A
- 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.
16
Q
What is party allegiance like in Congress?
A
- two main parties.
- 117th - all but two senators Republican or Democrat; still part of Democratic caucus.
17
Q
What are some of the features of the legislative function?
A
- 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.
18
Q
Arguments that Congress performs legislative function effectively.
A
- 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.
19
Q
What was the longest ever filibuster?
A
- 24 hours, 18 minutes.
- on issue of civil rights.
- Strom Thurmond supported racial segregation; attempted to filibuster Civil Rights Act 1957.
20
Q
Arguments that Congress doesn’t perform legislative function effectively?
A
- 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.
21
Q
What is congressional oversight?
A
- 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.
22
Q
How does Congress investigate the executive?
A
- 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.
23
Q
How does Congress confirm nominees as a form of oversight?
A
- 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.
24
Q
How does Congress use impeachment as a form of oversight?
A
- 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).
25
Q
How does Senate ratification of treaties work as a form of oversight?
A
- 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.
26
Q
Arguments that Congress fulfils oversight function effectively.
A
- 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.
27
Q
Arguments that Congress doesn’t fulfil oversight function effectively.
A
- 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.
28
Q
What is the power of the purse?
A
- 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.
29
Q
Arguments that Congress uses power of the purse effectively.
A
- one of most powerful checks on executive.
- executive may make concessions to avoid shutdown.
- shutdowns relatively rare.
30
Q
Arguments that Congress doesn’t use power of the purse effectively?
A
- 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.
31
Q
What is the significance of congressional caucuses?
A
- 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.
32
Q
What’s the significance of party leadership?
A
- 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.
33
Q
What is party discipline like in Congress?
A
- 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.
34
Q
What is the importance of partisanship?
A
- 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.
35
Q
What are standing committees responsible for?
A
- 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.
36
Q
What are select committees?
A
- 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.
37
Q
What is the House Rules Committee?
A
- 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.
38
Q
What are conference committees?
A
- 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.
39
Q
How do members of Congress represent their constituents?
A
- 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.
40
Q
What is the relationship of Congress to the executive?
A
- 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.
41
Q
What is the relationship of Congress to the Supreme Court?
A
- 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.
42
Q
Arguments that Congress is the broken branch of gov.
A
- 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.
43
Q
Arguments that Congress is not the broken branch.
A
- 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.
