Unit 2 - Congress Flashcards
Congress
The legislative branch of the US government, they create federal laws, are based on Capitol Hill in Washington DC and is bicameral - consists of the House of Representatives and the Senate
Bicameral
Made up of 2 chambers
House of Representatives
The lower chamber of congress that is based on the size of the population of the state, there are currently 435 congressmen/congresswomen in total
Senate
The upper chamber, there are only 2 senators per state no matter the size and there are currently 100 of them
5 key bits of info about the House of Representatives
Represent a congressional district - a region of a state
Serve 2 year terms
Must have been a US citizen for 7 years
Must be a resident of the state they represent
Proportional representation in congress - number of representatives per state can sometimes change based on the size of the districts and them changing
5 key facts about the Senate
Represent an entire state
Serve 6 year terms but 1/3 of them are up for re election every 2 years
Must have been a US citizens for at least 9 years
Must be a resident of the state they represent
Equal representation in Congress
Why did the founding fathers design Congress in a way so that it has two chambers?
To increase representation in the House of Representatives (John Lockes idea) as the number of representatives depends on the size of the state
Some founding fathers wanted equal representation but some of them wanted more representation in larger states - thats why there are 2 chambers, as a compromise
What are the 3 roles of Congress?
Check the president and the executive branch
Create federal laws/pass legislation
Representing the people of their regions/states
What are the 10 powers of the congress?
- Law making
- Overseeing the executive branch
- Override the presidents veto
- Confirming appointments
- Ratifying treaties
- Initiating amendments
- Impeachments
- Confirming vice presidents
- Declaring war
- Electing the president and vice president if there is a deadlock
What does powers of the congress mean?
Things that congress is granted the ability to do based on the 3 roles that they have to fulfil
What is meant by congress having the powers of law making?
Both houses are equal in passing legislation meaning that all bills must pass through all stages of both houses and they cant override each other - granted in article 1 of constitution
What is meant by congress having the power of overseeing the executive branch?
Granted due to it being implied in the constitution, said that a legislative body may investigate any subject that has some power over legislature, through checks and balances - occurs exclusively only in committee rooms
What is meant by congress having the power to override the presidents veto?
Both houses must vote by a two thirds majority to override the presidents veto of a bill
What is meant by congress having the power to confirm appointments?
The senate alone have the power to confirm (by a simple majority) appointments made y the president like appointing someone to the Supreme Court, the president must seek the senates approval to replace vacancy’s in the federal judiciary
What is meant by congress having the power of ratification?
The senate ONLY has the power to ratify (by a two thirds majority) all treaties negotiated by the president so they must be kept fully uniformed throughout treaty negotiations
What is meant by congress having the power to initiate amendments?
The houses are co equal when it come to initiating amendments, a constitutional amendment must be approved by a two thirds majority in each before it can be sent for ratification
What is meant by congress having the power of impeachment?
Congress can impeach and remove all civil officers of the US for treason, bribery or high crimes - the house initiate the impeachment and can condemn executives for their actions but the senate trial the executive and find them either guilty or innocent - congress cannot be impeached as they are not officer sof the US but representatives
What is meant by congress having the power of confirming vice presidents?
Twenty fifth amendment of 1967 gave the power to confirm newly appointed vice presidents and also gave the power to Congress to fill the vacancy of a vice president if the current vice president becomes president
What is meant by congress having the power to declare war?
Both houses must agree to declare war (last time it happened was 1941 where US declared war on Japan) but this power has slowly been taken away and given to the president
What is meant by congress having the power to elect a president and vice president if there is a deadlock?
If no candidate wins the absolute majority of electoral college votes then the house has the power to elect the president and senate elect the vice president
Electoral college
The group of people concerned with electing the president
What party has the majority in the House of Representatives?
Republicans
Which party has the majority in the Senate?
Democrats
Who are the key individuals of the House of Representatives and their roles?
Speaker - Mike Johnson - Republican (speaker always come from the majority party)
Majority Whip - Elise Stefanik - Republican
Majority Leader - Steve Carlisle - Republican
Minority Whip - Katherine Clark - Democrat
Minority Leader - Hakeem Jeffries - Democrat
Who are the key individuals of the Senate and their roles?
Majority leader - Chuck Schumer - Democrat
Majority Whip - Dick Durbin - Democrat
Minority Leader - Mitch McConnell - Republican
Minority Whip - John Thune - Republican
What are the 3 key roles in both of the houses?
Speaker
Leader
Whip
What is the role of the speaker?
The most high profile leadership position in congress, they determine the legislative agenda and choose members of committees, they are second only to the vice president in the line of presidential succession
Can be limited by party and executive - e.g. Paul Ryan resigned as speaker in Nov 2018 due to pressures from executive and because he was trying to push unpopular Trump policies like the border wall
Hastert Rule - Republican convention where a floor vote cannot be done unless a majority of the majority party supports it e.g. used in 2013 by speaker John Boehner to refuse to table a immigration reform bill
What is the role of the leader?
They plan the legislative agenda and coordinate their party, trying to achieve party unity to achieve its legislative aims
Legislation that doesn’t have the support of party leaders is unlikely to be successful
2017 - Mitch McConnell who was the majority leader passed tax cuts and jobs act with no involvement from White House
What is the role of the Whip?
Assistant leaders who occasionally stand in for leaders in their absence and assist them in their role
Why is underrepresentation in Congress viewed as an issue in America?
Some may feel underrepresented and thus legislation may never be passed for the ethnic minorities as 2/3 of the congress may not agree
Some may feel like they dont have a place in politics due to not seeing people like them in congress
Demotivates people from voting
Why is there underrepresentation in congress?
-Women and AAs are underrepresented in the state legislatures
-Senators represent whole states so - the house will better represent different types of people due to the congressional districts which may be separated based on different areas being populated with different people BUT senate represent whole states which are often more populated with white, suburban people
-Congress’ cultures and traditions have been slow to adapt making it off-putting to female members (the Senate swimming pool was male-only until 2009)
-Senators have to be physically present to vote adversely affecting new parents, however in 2018 Tammy Duckworth convinced the Senate to change its rules to allow young children in the chamber for parents to vote
What are some statistics that prove congress is underrepresented?
27% of congress is women but 51% of the population are women
88% of congress is Christian but 71% of the population is Christian
0.2% of congress are atheist but 23% of the US is atheist
Average age of congress is 59 but its 38 for the US population
99% of congress have a uni degree but only 35% of adults over 25 have a uni degree in the US
What are some statistics that prove congress is well represented?
23% of the congress is people of colour and 23% of the US population is people of colour
Ear marking
Allows members of congress to fund projects in their local states or districts, they can add amendments to appropriations bills to grant funds
When was ear marking reintroduced? Who agreed to its reintroduction?
Reintroduced in 2021 - both republicans and democrats agreed to the reintroduction of earmarking in the House of Representatives
What is the effect of earmarking on representation in Congress?
Allows members of congress to use their knowledge of their community to direct funds to where they are most needed - federal officials are less likely to be able to do this as they are less in contact with constituents
Negatives of earmarking?
It can however lead to wasteful spending (pork barrel)
How did the Democrats reform ear markings when they reintroduced it?
It is not ensured that there strict transparency so that funds aren’t spent to benefit just the representatives and their families - stops people from unfairly dominating funds
Pros of the changes to district boundaries in 2021?
The Democrats have a greater majority now (went from 6 to 7)
It’s a fair process in the states that are controlled by more than one party or allow an independent to redraw district lines
Cons of the changes to district boundaries in 2021?
Most states that gain seats are Republican leaning and those that lose them are typically Democrat - not fair
States are responsible for redrawing district boundaries but this can lead to gerrymandering (the manipulation of an electoral constituency boundary to benefit one party)
Republicans control redistricting in 20 states whereas the Democrats control only 8
Republicans control the state legislatures in 8 of 13 states that will see a change in the number of seats they have in the 2022 elections
Democrats tried to pass a ‘for the people act’ in 2021 to make independents draw the line boundaries it passed through the house with a small majority but failed the senate
Who is Lisa Murkowski?
Republican Senator for Alaska
What is the case study of Lisa Murkowski?
She voted against the American healthcare act
She impeached Trump
^^ didnt represent the views of the republicans in her state
Her decisions led to native Americans having their oil licenses in the far north of alaska suspended
^^ didn’t represent the Native Americans in her state well
Conclusion: is America well represented in Congress?
Yes - particularly the 117th congress, is very diverse and thus more representative than the predecessors. However, the American society is becoming more and more diverse as each day goes by and congress does its best in catching up and staying as equally diverse, but this is sometimes not doable. Particularly in the senate it may be hard to represent the idea of everyone in the state because there are only 2 per state. I also think te reintroduction of earmarking has been a step towards even more representation as congressmen and congresswomen can better satisfy the needs of their constituents than government officials in the executive branch. However, congress could be rearranged to make it more representative and independent politicians could be used to draw boundary lines rather than members of parties as they will typically be partisans and will re arrange the boundaries for the benefit of their party.
How many stages are there of the legislative process?
6 - but the 5th stage is optional - so most commonly 5 stages are used
What are the stages of the legislative process?
- Introduction
- Committee stage
- Time tabling
- Floor debate and the vote on passage
- Conference committee
- Presidential action
What is the introduction stage of the legislative process?
A pure formality
Involves placing a bill in a ‘hopper’ on the clerks desk
The bills are numbered, printed and circulated to the appropriate standing committee
What is the committee stage of the legislative process?
This is the most important stage
More bills fail than at any other stage in the process
Some of the bills are pigeon held (put to one side) with no action being taken due to the volume of bills
The bills with a lot of support are given hearings in the full committee or sub committee, once this is complete, a mark up session is held
Mark up session = changes are made, reports from the committees focus on the cost of the bill, its aims, review amendments and propose next steps
What is the timetabling stage of the legislative process?
Every house has only one floor so there is often a traffic jam for bills waiting to be heard
The senate have a unanimous consent agreement where the majority and minority leaders agree on the order bills will be debated to fix this issue
Representatives have house rules committee which can allow or hold back bills - a popular bill may have a discharge petition to be debated immediately e.g. 2015 where one was done to force a vote to reauthorise America’s export-import bank
What is the floor debate and vote on passage stage of the legislative process?
Both, full chambers debate the bill
Amendments can be made
Votes are taken at the end of the debate with a simple majority being required
Senators can use filibuster to delay a bill e.g. 2016 - 2 senators spoke for 15 hours to press for tighter gun control
Filibusters can be ended by closure positions (require super majorities) or simple majorities (introduced in 2013) or by banning filibustering e.g. 2017 - in the Neil Gorsuch confirmation into the Supreme Court debate, it was banned
What is the conference committee stage of the legislative process?
Declined in popularity over the last 20 years when Republicans took control of both houses and wanted a more leadership driven approach
In this stage, one of the chamber has to endorse the legislation passed by the other, then the bill is sent to the president
What is the presidential action stage of the legislative process?
Where the President has 3-4 options of what they can do with the bill
What are the 4 options the President has in the presidential action stage of the legislative process?
- Can sign it into law, if they fully support it and want credit for it e.g. Obamas affordable care act of 2010
- Can ‘leave the bill on their desk’ if they think their veto will be overridden or if they are indifferent - these bills become law without the presidents signature
- May veto a bill, can force changes to the bill, where the Congress then puts right the wrongs, they can try override the veto by a two thirds majority or accept the presidents decisions e.g. overrode Bush’s veto of the 2008 Medicare improvements bill
- Can ‘pocket veto’, if the bill is awaiting action after the legislative session ends, it is lost and cannot be overridden e.g. Clinton in 2000 on the consumer bankruptcy overhaul bill (last time it was used)
Why does the legislative process limit congress?
The sheer volume of bills that come into Congress - will never be able to debate them all
Complicated progress - this results in a ‘legislative labyrinth’
There is a need for super majority votes e.g. to stop filibuster or presidential veto
Decentralisation of power in Congress, power shared between both houses and both parties
Both houses possess equal power - different to Parliament as one cannot outrule the other
Both houses can be controlled by different parties - leads to Gridlock
Houses not necessarily controlled by the same party as president - leads to pingponging
Filibuster
Debating a bill for a long time so that it cannot be passed or voted upon, its said to protect minorities or help reach a compromise e.g. Senator Strom Thurmond staged one for over 24hrs against the civil rights legislation in 1957 - record time
Bill vs Law
Bill - before it becomes law of the land
Law - has become law of the land
Why has the legislative process become increasingly difficult?
Partisanship was less common and people could agree on legislation - could amendments and scrutinise it when agreeing
Now it is too difficult due to hyper partisanship, overlaps are less common and amendments are rarely agreed upon
Why does the legislative process have to be somewhat difficult?
To ensure that there is no tyranny
So that no unnecessary law is passed that will lead to a waste in government funds or may destroy the political system of the US