US institutions Flashcards
History of Congress
TheFirst Continental Congresswas a gathering of representatives from twelve of the thirteenBritish Colonies in North America.[8]On July 4, 1776, theSecond Continental Congressadopted theDeclaration of Independence, referring to the new nation as the “United States of America”. TheArticles of Confederationin 1781 created theCongress of the Confederation, aunicameralbody with equal representation among the states in which each state had a veto over most decisions.
Government powerlessness led to theConvention of 1787which proposed a revised constitution with a two–chamber orbicameralcongress.[12]Smaller states argued for equal representation for each state.[13]The two-chamber structure had functioned well in state governments.[14]A compromise plan, theConnecticut Compromise, was adopted with representatives chosenby population(benefiting larger states) and exactly two senators chosen by state governments (benefiting smaller states).[5][15]The ratified constitution created afederal structurewith two overlapping power centers so that each citizenas an individualwas subjected to both the power of state government and the national government.[16][17][18]To protect against abuse of power, each branch of government—executive, legislative, and judicial—had a separate sphere of authority and could check other branches according to the principle of theseparation of powers.[1]Furthermore, there were checks and balanceswithinthe legislature since there were two separate chambers.[19]The new government became active in 1789.[1][20
1780s–1820s: formative era
Federalistsandanti-federalistsjostled for power in the early years as political parties became pronounced, surprising the Constitution’sFounding Fathers of the United States. With the passage of the Constitution and theBill of Rights, the anti-federalist movement was exhausted. Some activists joined theAnti-Administration PartythatJames MadisonandThomas Jeffersonwere forming about 1790–91 to oppose policies of Treasury SecretaryAlexander Hamilton; it soon became theDemocratic-Republican Partyor the Jeffersonian Republican Party[22]and began the era of theFirst Party System. Thomas Jefferson’s election to the presidency marked a peaceful transition of power between the parties in 1800.John Marshall, 4th chief justice of theSupreme Court, empowered the courts by establishing the principle ofjudicial review in lawin the landmark caseMarbury v. Madisonin 1803, effectively giving the Supreme Court a power to nullify congressional legislation.[23][24]
1830s–1900s: partisan era[edit]
These years were marked by growth in the power of political parties. The watershed event was theCivil Warwhich resolved the slavery issue and unified the nation under federal authority, but weakened the power ofstates’ rights. TheGilded Age(1877–1901) was marked byRepublicandominance of Congress.
TheGreat Depressionushered in PresidentFranklin Rooseveltand strong control by Democrats[30]and historicNew Dealpolicies.Roosevelt’s election in 1932 marked a shift in government power towards the executive branch. Numerous New Deal initiatives came from theWhite Houserather than being initiated by Congress.[31]TheDemocratic Partycontrolled both houses of Congress for many years.[32][33][34]During this time, Republicans and conservative southern Democrats[35]formed theConservative Coalition.[3
in 1960, Democratic candidateJohn F. Kennedynarrowly won the presidency and power shifted again to the Democrats who dominated both houses of Congress until 1994.
1970s–present: contemporary era[edit]
Congress enactedJohnson’sGreat Societyprogram to fight poverty and hunger. TheWatergate Scandalhad a powerful effect of waking up a somewhat dormant Congress which investigated presidential wrongdoing and coverups; the scandal “substantially reshaped” relations between the branches of government, suggested political scientistBruce J. Schulman.[43]Partisanship returned, particularly after 1994; one analyst attributes partisan infighting to slim congressional majorities which discouraged friendly social gatherings in meeting rooms such as theBoard of Education.[4]
In the late 20th century, the media became more important in Congress’s work.[57]AnalystMichael Schudsonsuggested that greater publicity undermined the power of political parties and caused “more roads to open up in Congress for individual representatives to influence decisions”.[57]Norman Ornsteinsuggested that media prominence led to a greater emphasis on the negative and sensational side of Congress, and referred to this as thetabloidizationof media coverage.[5]A report characterized Congress in 2013 as being unproductive, gridlocked, and “setting records for futility”.[59]In October 2013, with Congress unable to compromise, the government was shut down for several weeks and risked a serious default on debt payments, causing 60% of the public to say they would “fire every member of Congress” including their own representative.[60]One report suggested Congress posed the “biggest risk to the US economy” because of itsbrinksmanship, “down-to-the-wire budget and debt crises” and “indiscriminate spending cuts”, resulting in slowed economic activity and keeping up to two million people unemployed.[61]There has been increasing public dissatisfaction with Congress,[62]with extremely low approval ratings[63][64]which dropped to 5% in October 2013.[65]
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Powers of Congress
Congress has authority over financial and budgetary policy through the enumerated power to “lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States”. There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress’s power to manage the budget has been lost when the welfare state expanded since “entitlements were institutionally detached from Congress’s ordinary legislative routine and rhythm”.[67]Another factor leading to less control over the budget was aKeynesianbelief that balanced budgets were unnecessary.
The Constitution also grants Congress the exclusive power to appropriate funds, and thispower of the purseis one of Congress’s primarycheckson the executive branch.[68]Congress can borrow money on the credit of the United States,regulate commercewith foreign nations and among the states, and coin money.[69]Generally, both the Senate and the House of Representatives have equal legislative authority, although only the House may originate revenue andappropriation bills.[1
Congress has an important role innational defense, including the exclusive power to declare war, to raise and maintain thearmed forces, and to make rules for the military.[70]Some critics charge that theexecutive branchhas usurped Congress’s constitutionally defined task of declaring war.[71]While historically presidents initiated the process for going to war, they asked for and received formal war declarations from Congress for theWar of 1812, theMexican–American War, theSpanish–American War,World War I, andWorld War II,[72]although PresidentTheodore Roosevelt’s military move into Panama in 1903 did not get congressional approval.[72]In the early days after theNorth Korean invasion of 1950, PresidentTrumandescribed the American response as a “police action”.[73]According toTimemagazine in 1970, “U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times.”[72]In 1993,Michael Kinsleywrote that “Congress’s war power has become the most flagrantly disregarded provision in the Constitution”, and that the “real erosion [of Congress’s war power] began after World War II”.[74][75][76]Disagreement about the extent of congressional versus presidential power regarding war has been present periodically throughout the nation’s history.[77]
One of Congress’s foremost non-legislative functions is the power toinvestigateand oversee the executive branch.[78]Congressional oversightis usually delegated tocommitteesand is facilitated by Congress’s subpoena power.[79]Some critics have charged that Congress has in some instances failed to do an adequate job ofoverseeingthe other branches of government. In thePlame affair, critics including RepresentativeHenry A. Waxmancharged that Congress was not doing an adequate job of oversight in this case.[80]There have been concerns about congressional oversight of executive actions such aswarrantless wiretapping, although others respond that Congress did investigate the legality of presidential decisions.[81]Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has the exclusivepower of removal, allowing impeachment and removal of the president, federal judges and other federal officers.[82]There have been charges that presidents acting under the doctrine of theunitary executivehave assumed important legislative and budgetary powers that should belong to Congress.[83]So-calledsigning statementsare one way in which a president can “tip the balance of power between Congress and the White House a little more in favor of the executive branch”, according to one account.[84]Past presidents, includingRonald Reagan,George H. W. Bush,Bill Clinton, andGeorge W. Bush,[85]have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators, including theAmerican Bar Association, have described this practice as against the spirit of the Constitution.[86][87]There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress.[88]In 2008,George F. Willcalled the Capitol building a “tomb for the antiquated idea that the legislative branch matters”.[89]
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Checks and balances
RepresentativeLee H. Hamiltonexplained how Congress functions within the federal government:
To me the key to understanding it is balance. The founders went to great lengths to balance institutions against each other—balancing powers among the three branches: Congress, the president, and the Supreme Court; between the House of Representatives and the Senate; between the federal government and the states; among states of different sizes and regions with different interests; between the powers of government and the rights of citizens, as spelled out in the Bill of Rights … No one part of government dominates the other.[2]:6
The Constitution provideschecks and balancesamong the three branches of the federal government. Its authors expected the greater power to lie with Congress as described in Article One.[2][99]
The influence of Congress on the presidency has varied from period to period depending on factors such as congressional leadership, presidential political influence, historical circumstances such as war, and individual initiative by members of Congress. TheimpeachmentofAndrew Johnsonmade the presidency less powerful than Congress for a considerable period afterwards.[100]The 20th and 21st centuries have seen the rise of presidential power under politicians such asTheodore Roosevelt,Woodrow Wilson,Franklin D. Roosevelt,Richard Nixon,Ronald Reagan, andGeorge W. Bush.[101]However, in recent years, Congress has restricted presidential power with laws such as theCongressional Budget and Impoundment Control Act of 1974and theWar Powers Resolution. Nevertheless, the Presidency remains considerably more powerful today than during the 19th century.[2][101]Executive branch officials are often loath to reveal sensitive information to members of Congress because of concern that information could not be kept secret; in return, knowing they may be in the dark about executive branch activity, congressional officials are more likely to distrust their counterparts in executive agencies.[102]Many government actions require fast coordinated effort by many agencies, and this is a task that Congress is ill-suited for. Congress is slow, open, divided, and not well matched to handle more rapid executive action or do a good job of overseeing such activity, according to one analysis.[
The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives toimpeachboth executive and judicial officials for “Treason, Bribery, or other high Crimes and Misdemeanors”. Impeachment is aformal accusationof unlawful activity by a civil officer or government official. The Senate is constitutionally empowered and obligated to try all impeachments. A simple majority in the House is required to impeach an official; however, a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that thedefendantbe banned from holding office in the future. Impeachment proceedings may not inflict more than this; however, a convicted party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. Another resigned before the Senate could complete the trial. Only two presidents have ever been impeached:Andrew Johnsonin 1868 andBill Clintonin 1999. Bothtrialsended in acquittal; in Johnson’s case, the Senate fell one vote short of the two-thirds majority required forconviction. In 1974,Richard Nixonresigned from office after impeachment proceedings in theHouse Judiciary Committeeindicated he would eventually be removed from office.
The Senate has an important check on the executive power by confirmingCabinetofficials, judges, and other high officers “by and with the Advice and Consent of the Senate”. It confirms most presidential nominees but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. As a result, presidential arm-twisting of senators can happen before a key vote; for example, President Obama’s secretary of state,Hillary Clinton, urged her former senate colleagues to approve a nuclear arms treaty with Russia in 2010.[104]The House of Representatives has no formal role in either the ratification of treaties or the appointment of federal officials, other than infilling a vacancyin the office of the vice president; in such a case, a majority vote in each House is required to confirm a president’s nomination of a vice president.[1]
In 1803, the Supreme Court establishedjudicial reviewof federal legislation inMarbury v. Madison, holding, however, that Congress could not grant unconstitutional power to the Court itself. The Constitution does not explicitly state that the courts may exercise judicial review; however, the notion that courts could declare lawsunconstitutionalwas envisioned by thefounding fathers.Alexander Hamilton, for example, mentioned and expounded upon the doctrine inFederalist No. 78.Originalistson the Supreme Court have argued that if the constitution does not say something explicitly it is unconstitutional to infer what it should, might or could have said.[105]Judicial review means that the Supreme Court can nullify a congressional law. It is a huge check by the courts on the legislative authority and limits congressional power substantially. In 1857, for example, the Supreme Court struck down provisions of a congressional act of 1820 in itsDred Scottdecision.[106]At the same time, the Supreme Court can extend congressional power through its constitutional interpretations.
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Structure
Congressional Budget Office[edit]
Main article:Congressional Budget Office
The Congressional Budget Office or CBO is afederal agencywhich provideseconomic datato Congress.[119]
It was created as an independent non-partisan agency by theCongressional Budget and Impoundment Control Act of 1974. It helps Congress estimate revenue inflows from taxes and helps the budgeting process. It makes projections about such matters as thenational debt[120]as well as likely costs of legislation. It prepares an annualEconomic and Budget Outlookwith a mid-year update and writesAn Analysis of the President’s Budgetary Proposalsfor theSenate’s Appropriations Committee. The speaker of the House and the Senate’s president pro tempore jointly appoint the CBO director for a four-year term.
Lobbyists
Lobbyists represent diverse interests and often seek to influence congressional decisions to reflect their clients’ needs.Lobby groupsand their members sometimes write legislation andwhipbills. In 2007, there were approximately 17,000 federal lobbyists in Washington, D.C.[121]They explain to legislators the goals of their organizations. Some lobbyists represent non-profit organizations and workpro bonofor issues in which they are personally interested.
Procedures of Congress
Bills and resolutions
Ideas for legislation can come from members, lobbyists, state legislatures, constituents, legislative counsel, or executive agencies. Anyone can write a bill, but only members of Congress may introduce bills. Most bills are not written by Congress members, but originate from the Executive branch; interest groups often draft bills as well. The usual next step is for the proposal to be passed to a committee for review.[1]A proposal is usually in one of these forms:
Billsare laws in the making. A House-originated bill begins with the letters “H.R.” for “House of Representatives”, followed by a number kept as it progresses.[111]
“All Bills for raising Revenue shall originate in the House of Representatives.” While the Senate cannot originaterevenueandappropriation bills, it has power to amend or reject them. Congress has sought ways to establish appropriate spending levels.[1]
Each bill goes through several stages in each house including consideration by a committee and advice from theGovernment Accountability Office.[1]Most legislation is considered bystanding committeeswhich have jurisdiction over a particular subject such as Agriculture or Appropriations. The House has twenty standing committees; the Senate has sixteen. Standing committees meet at least once each month.
Once a bill is approved by one house, it is sent to the other which may pass, reject, or amend it. For the bill to become law, both houses must agree to identical versions of the bill.[111]If the second house amends the bill, then the differences between the two versions must be reconciled in aconference committee, anad hoccommittee that includes both senators and representatives[111]sometimes by using areconciliation processto limit budget bills.[1]Both houses use a budget enforcement mechanism informally known aspay-as-you-goorpaygowhich discourages members from considering acts which increase budget deficits.[1]If both houses agree to the version reported by the conference committee, the bill passes, otherwise it fails.
After passage by both houses, a bill isenrolledand sent to the president for approval.[111]The president may sign it making it law or veto it, perhaps returning it to Congress with the president’s objections. A vetoed bill can still become law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the president may do nothing—neither signing nor vetoing the bill—and then the bill becomes law automatically after ten days (not counting Sundays) according to the Constitution. But if Congress is adjourned during this period, presidents may veto legislation passed at the end of a congressional session simply by ignoring it; the maneuver is known as apocket veto, and cannot be overridden by the adjourned Congress.
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Structure
Congressional Budget Office[edit]
Main article:Congressional Budget Office
The Congressional Budget Office or CBO is afederal agencywhich provideseconomic datato Congress.[119]
It was created as an independent non-partisan agency by theCongressional Budget and Impoundment Control Act of 1974. It helps Congress estimate revenue inflows from taxes and helps the budgeting process. It makes projections about such matters as thenational debt[120]as well as likely costs of legislation. It prepares an annualEconomic and Budget Outlookwith a mid-year update and writesAn Analysis of the President’s Budgetary Proposalsfor theSenate’s Appropriations Committee. The speaker of the House and the Senate’s president pro tempore jointly appoint the CBO director for a four-year term.
Lobbyists
Lobbyists represent diverse interests and often seek to influence congressional decisions to reflect their clients’ needs.Lobby groupsand their members sometimes write legislation andwhipbills. In 2007, there were approximately 17,000 federal lobbyists in Washington, D.C.[121]They explain to legislators the goals of their organizations. Some lobbyists represent non-profit organizations and workpro bonofor issues in which they are personally interested.
Procedures of Congress
Bills and resolutions
Ideas for legislation can come from members, lobbyists, state legislatures, constituents, legislative counsel, or executive agencies. Anyone can write a bill, but only members of Congress may introduce bills. Most bills are not written by Congress members, but originate from the Executive branch; interest groups often draft bills as well. The usual next step is for the proposal to be passed to a committee for review.[1]A proposal is usually in one of these forms:
Billsare laws in the making. A House-originated bill begins with the letters “H.R.” for “House of Representatives”, followed by a number kept as it progresses.[111]
“All Bills for raising Revenue shall originate in the House of Representatives.” While the Senate cannot originaterevenueandappropriation bills, it has power to amend or reject them. Congress has sought ways to establish appropriate spending levels.[1]
Each bill goes through several stages in each house including consideration by a committee and advice from theGovernment Accountability Office.[1]Most legislation is considered bystanding committeeswhich have jurisdiction over a particular subject such as Agriculture or Appropriations. The House has twenty standing committees; the Senate has sixteen. Standing committees meet at least once each month.
Once a bill is approved by one house, it is sent to the other which may pass, reject, or amend it. For the bill to become law, both houses must agree to identical versions of the bill.[111]If the second house amends the bill, then the differences between the two versions must be reconciled in aconference committee, anad hoccommittee that includes both senators and representatives[111]sometimes by using areconciliation processto limit budget bills.[1]Both houses use a budget enforcement mechanism informally known aspay-as-you-goorpaygowhich discourages members from considering acts which increase budget deficits.[1]If both houses agree to the version reported by the conference committee, the bill passes, otherwise it fails.
After passage by both houses, a bill isenrolledand sent to the president for approval.[111]The president may sign it making it law or veto it, perhaps returning it to Congress with the president’s objections. A vetoed bill can still become law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the president may do nothing—neither signing nor vetoing the bill—and then the bill becomes law automatically after ten days (not counting Sundays) according to the Constitution. But if Congress is adjourned during this period, presidents may veto legislation passed at the end of a congressional session simply by ignoring it; the maneuver is known as apocket veto, and cannot be overridden by the adjourned Congress.
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The Bill of Rights (1791)
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
I always have interesting discussions with students about the second amendment, which, to Europeans, seems the most alien thing in the American political system; it guarantees the right to have guns, in a country where there is no right to healthcare.
What does the 2ndamendment actually mean? Does it mean that everyone has the right to bear arms? Are there qualifications on the right to bear arms? Does it mean you have to be part of a “well-regulated militia”? The argument tends to fall depending on whether you want to end guns or not. I believe that these are enabling clauses, and that if we wanted to get rid of guns, the whole amendment would have to go or be changed.
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