US Congress Flashcards
What institution is congress and what does this mean?
Bicameral, two chambers, upper and lower with EQUAL legislative power
how many members are in congress and in each house?
535 total
100 in the senate (2 per state)
435 in the House of Representatives (proportional to population)
What are the titles given to congressman?
Senate -> Senator
House of representatives -> congressman/woman
What are the term lengths for each chamber?
Senate - 6 years
HOR - 2 years
Membership of congress 2017-19
20.9% women
9.5% African americans
8.6% Hispanics
Average age 57 (W) 61 (M)
Trends of membership diversity since 2009
Amount of women slowly increasing
Amount of African Americans slowly increasing
Amount of hispanics slowly increasing
Average age staying roughly the same
Which chamber is seen as more prestigious?
The senate
Why is the senate seen as more prestigious? 4 reasons
- serve a longer term than the senate
- representatives are constantly fundraising for their campaign instead on focussing on legislation
- senators have more breathing room and so can focus on legislation
- Representatives serve a district but senators serve an entire state
Who was a senator before becoming president?
Obama
What’s a concurrent power?
Powers given to both chambers
Name 4 concurrent powers:
- pass legislation
- override presidents veto with 3/4 supermajority
- initiate constitutional amendments
- declare war
Concurrent powers (passing legislation)
All legislation including the budget and the veto override must pass through both houses which have EQUAL power in terms of passing legislation.
When using the veto override 2/3 of both houses must vote to override
Concurrent powers (constitutional amendments) example as well
2/3 of BOTH houses must agree to be a constitutional amendment before it passed through to the states for ratification.
of around 11 000 proposed 33 have passed this hurdle
Concurrent powers (declaring war) and example
Both houses must be in agreement for the USA to declare war.
This power has been used 11 times since 1789
Lastly in WW2 in 1941
Exclusive powers of the HOR:
- Impeach
- elect the P if no candidate has over 50% of the electoral college votes
- begin consideration of all money bills
Exclusive powers of the HOR (impeach)
the house can bring formal changes against a public official because of treason, bribery or other high crimes
2 US Presidents have been impeached
Andrew Johnson 1868 and Bill Clinton 1988
Exclusive powers of the HOR (elect president)
This power has only been used twice (1800&1824)
each state has one vote in the house
Exclusive powers of the HOR (begin consideration of all money bills)
Most legislation can begin in either chamber, but all revenue raising bills must pass through the house first.
Given the sensitivity of taxing people, the founding fathers wanted to give the house, the only elected chamber at the time
Senate Exclusive powers:
- try an impeachment case
- elect the vice president if not over 50%
- ratify treaties
- confirm executive appointments
Senate exclusive powers (try an impeachment case)
Senate holds a trial then 2/3 vote is required to remove someone from office
Clinton was impeached but not removed, mainly because democrats had more seats in the midterm elections
Senate exclusive powers (elect president)
Like HOR rarely been used
Senate exclusive powers (ratify treaties)
all treaties negotiated by the president are subject to confirmation by the senate requiring a 2/3 majority
Senate president exclusive powers (confirm executive appointments)
All nominees are scrutinised, usually through senate committee hearings 50% vote
How is the legislative process of the USA and UK different?
The HOL shouldn’t block bills that were included in the party’s election manifesto. This is a convention and limits the upper chamber.
In the USA both chambers must approve the same bill for it to become law. EXAMPLE HOR voted 50 times to repeal the patient protection and affordable care act but the senate blocked it every time
How often do congressional elections take place and what happens?
Every 2 years
- all members of House are on the ballot and 1/3 of senators
- therefore the party majority in either chamber can change every 2 years
Congress and the constitution (representation)
The constitution outlines the need for congressional elections. In the original election, the senate were NOT directly elected but thus changed in the 17th amendment in 1913
How is the senate unique in US Politics?
They have the power of unlimited debate
However whilst this can be a good thing it can be used to delay legislation and for political purposes.
What can senate do in unlimited death?
Filibuster, where they can talk a bill to death
Why do unlimited debate rules give individual senators significant powers?
Cloture: a vote to end debate/to break filibuster. this requires 60 votes in the senate, the need for a supermajority gives individual senate significant power
How much influence does the senate have over international agreements?
the constitution contains the advice and consent clause which states that all international treaties negotiated by the president need for the approval of senate by a 2/3 majority
Example 1996 international agreements
america signed up to comprehensive test ban treaty, however in 1999 the senate voted against the ratification. Thus meant that although the executive branch signed up to the deal, america would not recognise the treaty
Example 2013 international agreements
The UN signed up to the Arms Trade Treaty, which would regulate the international sale of weapons. until now, the senate hasn’t ratified the treaty because the republicans are concerned that this would lead to gun controls
Successful example 2010 international agreements
the senate ratified the new START which has an agreement between america and russia to hold their number of strategic nuclear missile launchers.
how have presidents avoided supermajority’s in the past?
the use of congressional executive agreements (the same thing as treaties w a different name)
Representation congressional elections:
voters voices are heard every 2 years, this offers high levels of representation.
Congressional elections use FPTP system in which members of BOTH House & Senate = elected in single member constituencies
Congressional elections = also subject to primaries, much like presidential elections
What’s a primary process?
The process by which voters, either the general public (open primary) or members of a political party (closed primary) can indicate their preference for a candidate in an upcoming general election or by-election, thus narrowing the field of candidates
The importance of midterm elections elections:
Midterm elections = effectively a referendum on the first 2 years of a presidential term because the results can have a major impact on presidential power
- this is because the presidents party can lose a majority in either chamber, or in both, making it harder to osss legislation
the majority of the time, presidents have LOST seats in midterms examples
Presidential party has only gained seats in the house 3 times during midterms.
under roosevelt
under bill clinton
under bush
What does each party run during middle term elections
each party runs a national campaign based around a common party platform (usually under leadership of house speaker and house minority leader)
The significance of incumbency
Feature of congressional elections = incumbent typically win their seat again in never election
Example in 2016 incumbency re-election rates were 97% for the House 90% for the senate
Define Incumbent
The current holder of a political office eg politician in the House
Factors for high incumbency re-election rates(use of office)
Congress persons and senators attract major donors
High incumbency re-election rates (safe seats and gerrymandering)
The winner takes all system has allowed a huge of number of safes seats (where a candidate wins so convincingly that they are expected to keep their seat at the next election)
Gerrymandering - drawing electoral boundaries to favour a carts in social group or party.
This lets the dominant party draw district boundaries in their favour
reasons for high incumbency re-election rates(pork barrel legislation)
Pork barrel politics usually refers to spending which is intended to benefit constituents of a politician in return for their political support, either in the form of campaign contributions or votes.
Reasons for high incumbency re-election rates(pork barrel legislation)
Define earmark
Earmark refers to an amendment added by a politician to add expenditure to a bill which benefits their constituency.
EXAMPLE in 2010, Republican leaders placed a temporary prohibition on ear marks in order to restore pork barrel legislation
Reasons for high incumbency re-election rates (financial advantage)
Challengers of incumbents can struggle to gain name recognition and often find themselves under attack through well funded negative adverts
EXAMPLE house election funding 2016 election
Incumbents raised over 600 million
challengers raised over 100 million
Significance of incumbency: 4 reasons
- name recognition
- legislative record allowing the incumbent to demonstrate the gains achieved for the constituency
- gerrymandering
- House or senate dedicated website
Factors affecting voting behaviour within congress(public opinion/comprehensive)
Representatives must take into account public opinion to run the risk of being voted out of office
Congresspersons and senators are subject to frequent elections, which provide public accountability due to threat of removal.
EXAMPLE 2009 several democrats switched their position (dropping their support for obamas affordable care act) after meeting with constituents and rising opposition to the bill.
Factors affecting voting behaviour within congress (party/party leader)
Team competition contributed to higher unity
EXAMPLE no republicans voted for obamas stimulus budget in 2009 arguable due to partisanship rather than ideological belief.
HOWEVER local opinion led to 11 democrats to vote against obamas 2009 economic stimulus package suggests public opinion impact
Factors affecting voting behaviour within congress (caucuses)
congressional caucuses groups of legislators who share special interests and meet to pursue common legislative objectives
what can caucuses be based on?
Ideology, social characteristics, or economic interests, these groups often vote together on legislative issues
factors affecting voting behaviour within congress (interest groups and professionals lobbyists)
Donations may influence congresspersons or senators to vote for policies that favour that group
EXAMPLE after 2012 newtown shootings obama was unsuccessful in passing legislation to limit guns despite clear majority public support.
Pressure from the national rifle association and vocal minority carried more weight than public opinion
What are the 4 key features of the legislative process?
Initiation
Compromise
Weak partied and party leader
obstacles to success
What’s initiation in the legislative process?
Presidents can dominate the political agenda, but leaders in the house/senate regularly initiate policy
Why is compromise necessary in the legislative process?
Because of separation of powers and checks and balances
does legislation pass in a liners manner like the UK?
no
a proposal may travel through both chambers at the same time w/ House and senate producing alternative versions of a law, which they then have to reconcile
This can be done through a conference committee in which members of BOTH chambers try to come to an agreement
Why is it difficult for parties to act as a single unit in passing legislation making it difficult to pass laws?
Due to the separation of powers parties tend to be weak
party leaders have limited power over their own party with ineffective patronage and whipping as many congress meme bets are invested in prioritising concerns of their own state/district.
What’s gridlock in the legislative process?
a situation where the president and congress are equally powerful and constantly prevent eachother from acting, resulting in difficulty passing legislation
What’s an obstacle to success for legislation between the house and senate?
They may have different priorities due to term lengths, there may also be differences in the party majority leading to major legislative conflicy
Obstacles to success- legislation has to pass through the several congressional committees, each of which can amend/obstruct a bill.
many committees means policy based and will make decisions regarding the efficiency of a proposal, all bills requiring spending also have to pass through an appropriations committee.
Obstacles to legislative success presidential veto
overriding a presidential veto requires a supermajority of 2/3 in BOTH chambers
Legislative process:
Initiate — president of congress
Debate and amend — house and senate
Scheduling for main chamber — house rules committee senate floor
Decide — full house vots, full senate votes, president signs the bill
Strengths of the legislative process
high levels of scrutiny checks and balances protects states rights prevents tyranny of the majority with unanimous consent in senate, bipartisanship is required
Weaknesses of the legislative process
Incredibly slow
lack of bipartisanship leads to gridlock
excessive need to compromise
congressional politicians choose to focus on re election over legislation
differences in legislation between the house and senate (house)
Bills go to a rules committee (which decides how long and under what rules a bill we be debated
> speaker of the house effectively controls the committee
> therefore the speaker of the house has great power over the legislative agenda
The rules committee can determine a closed rule
What’s a closed rule
this is where a bill can be discussed but no amendments can be offered, this is unusual but it can speed up the passage of a bill
does the senate have a closed rule?
no since all bills are fully debated
How is the senate legislative process less structured than the house?
Doesn’t have a rules committee
gives unlimited debate time for a bill
The senate often uses a unanimous consent, what is this?
The process where all senators involved agree on a decision being made.
it is used to agree on rules for debate on legislation, which can determine the time spent on a bill
Unanimous consent is often negotiated ahead of a debate
A senate can filibust what does this mean?
It lets individual senators to give a prolonged speech in the floor of the senate to obstruct legislative processes of a bill or confirmation of appointments the executive or judiciary
What’s the record for the longest filibuster?
To Strom Thurmond who spoke for over 24 hours against the Civil Rights Act of 1957
CASE STUDY Chris Murphy’s Unconventional filibuster
- democrat senator Chris Murphy, used a filibuster to force a vote in 2016
- the senator represents the state of connecticut, where 26 children and teachers were killed in a school in 2012
Senator Murphy claimed that he would only stop his filibuster once the debate agreed to vote on 2 Key gun control measures
expand the background checks required for weapons purchases
allow the US to ban sales of guns and explosives to people listed on gov watchlist of suspected terrorists
Both rejected by the senate
What were chris murphy’s 2 key gun control measures?
Expand background checks required for weapons purchases
allow the US to ban sales of guns and explosives to people listen in gov watch list of suspected terrorists
Why would conservatives prefer the current legislative process?.
because it makes it difficult to bring about change and cab be used to stop the federal government from imposing new requirements on US citizens and the states
Who has it been who objects to federal laws such as voting rights act and affordable care act? and why
The conservatives because they undermine federalism
Why would liberals prefer a more efficient legislative process?
Because it increases their chances of developing socially progressive legislation
List some major legislative proposals since 2008
Passed - patient protection and affordable care act 210
The freedom Act 2015
Failed - gun regulations
budget shutdown in 2013
Factors limiting impact of congress (the president)
The president can veto legislation passed by congress Obama veto of affordable care act repeal 2016
Factors limiting impact of congress (congress is internally divided)
House and senate don’t agree on new law
2013 senate passed immigration reform which was not taken up by the house
factors limiting impact of congress the supreme court
can overturn acts of congress using judicial review
Factors limiting impact of congress Partisanship
partisanship has decreased the will of parties to compromise, making it harder to create new laws
Congress provides oversight of the executive branch, what does this mean?
They monitor what they’re going and investigating their actions and using checks and balances to prevent abuse of power
Main congressional checks on executive provided by constitution, and examples
- Vote against laws initiated / supported by the president. Example 2017 trump was frustrated by his inability to pass the American Health Care Act despite holding a republican majority in BOTH chambers
- Determine funding for presidential projects
Example 1995 congress withdrew funding for US military involved in Bosnia, forcing president clinton to withdraw troops
Congressional checks on the executive, overturn presidential veto
using a 2/3 majority vote congress can stop the president from overriding its legislative goals
Obama issued 12th veto against the Justice Against Sponsors of Terrorism Act 2016 which would allow 9/11 families to sue the saudi arabian government for any involvement they may have had
This was easily overturned
congressional checks on the executive (senate ratification of appointments)
critical to the president achieving their policy goals is their ability to appoint their favoured people to executive and judicial positions
Define Imperial Presidency
A dominant presidency w ineffective checks and balances from other branches
example of how congress holds ultimate power over congress over supreme court.
when congress and states lowered voting age to 18 in 26th amendment 1971 it effectively overturned the Oregon V Mitchell 1970 ruling which allowed states to retain voting age over 21
How’s senates role limited on the supreme court
Senate’s role also limited to conducting hearing + voting on nominees to SC. once that person becomes a justice, there is no threat of removal from the Senate.
How does the senate have power of the SC
Individual justices can be impeached + removed by Congress. This last attempt was in 1804 when Justice Samuel Chase was impeached by House.
The Constitution gives Congress the authority to determine the total no. of justices on the Court. The number has been settled at 9 since the Civil War.
Checks on the president
Under divided gov, the president might fail to provide significant leadership.
- This characterised presidential congressional relations between:
- Obama + Republican-led Congress (2011 - 2016)
- Bush and Democrat-led Congress (2007 - 2008)
Define divided gov
when the H.O.R, Senate and presidency are not all controlled by 1 party.
