US Congress Flashcards
What is the structure of the House of Representatives?
435 Congressmen and women
Elected every 2 years
“The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative.”
What is the structure of the Senate?
100 Senators - 2 per state
6 year terms
Congressional elections every 2 years - 1/3 senate seats are contested
What is the composition of Congress?
Congressmen and women have to be over 25 and senators have to be over 30
Congressmen and women must have been a US citizen for 7 years and Senators 9 years
Congressmen, women and senators must reside in the state they represent
What are the roles of Congress?
Passing legislation
Representing the people
Overseeing the executive
What are the powers of Congress?
Legislative powers - Congress initiates legislation and both houses must approve a bill
Overriding a presidential veto - needs a 2/3 majority in each house
Initiating constitutional amendments - amendments need a 2/3 majority in both houses
Ratifying treaties (senate only) - 2/3 majority
Declaring war - not been used since 1941
Congressional oversight - Congress must approve federal budgets and committees investigate the executive
Confirming presidential appointments (Senate only)
Impeachment - House initiates an impeachment, simple majority needed and the Senate has to try the individual, 2/3 majority needed
Electing president and vice president in the case of a hung Electoral College - not used since 1824 with John Quincy Adams
Congress does perform its legislative function effectively
Transformative legislation - 2010 Obamacare reformed US health care
During hyperpartisanship, compromise is still possible. Republicans and Democrats worked together to pass the 2018 First Step Act which created a system in which individuals can earn credits for participating in productive activities, these time credits can later be applied towards early release. Passed 87-12 in the house and 356-36 in the Senate
Emergency legislation. Responded to COVID-19 with the largest economic stimulus bill in US history, CARES Act. And after 9/11 the 2001 Patriot Act took 45 days to pass
Congress does not perform its legislative function effectively
Only 2-3% of all bills become law, dropped from 6-7% in the 1980s
112th Congress (2011-13) passed 283 bills, least productive Congress in US history
Gridlock is common due to a decline in bipartisanship
Senators can filibuster (or threaten to filibuster) legislation. 2009 Obama stimulus bill ($800 billion) need a super-majority (cloture motion 60 votes) and had to convince 3 Republican senators to vote for his bill (Collins health clinics in Maine)
Hard to override Presidential vetoes because a supermajority in each house is required - 92% vetoes are successful
Congress does perform its oversight function effectively
Committee investigations provide high-profile scrutiny, and they can subpoena witnesses into providing investigation. E.g. 2014 John Boehner set up a House Select Committee on events after the 2012 terrorist attack in Benghazi that killed 4 Americans
Congress can impeach a president for wrongdoings and the fear of impeachment helps keep the president acting within the law e.g. 1974 Nixon resigned after watergate due to the threat of impeachment
Congress does not perform its oversight function effectively
No president has ever been impeached. E.g. 1998 Bill Clinton, perjury and the obstruction of justice. Acquitted of both charges because the 2/3 supermajority could not be reached
GAO supports Congress in the investigating and auditing of the executive but it has reduced in size, along with other Congressional offices. GAO staff, Congressional Research Service and the Congressional Budget Office were cut by 45% between 1975 and 2015. Do not have the support to perform effective oversight?
Government shutdowns
In a ‘full’ shutdown, the government has to close ‘non-essential’ functions i.e. benefit applications and it has to furlough many employees. Very unpopular with public due to inconvenience. Executive may be forced to make concessions to Congress in order to keep the government running
2018-19 shutdown under Trump lasted 35 days and was the longest shutdown in US history. Trump bypassed Congress’ power of the purse in 2019, when he declared national emergency so that he could use emergency federal funding to pay for his border wall.
