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BWS A-Level Politics > USA 2: Congress > Flashcards

USA 2: Congress Flashcards

1
Q

What is the bicameral structure of Congress?

A

Made up of two houses. The House of Representatives and the Senate.

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2
Q

How did the Great Compromise establish how members of Congress would be selected?

A
  • The House of Representatives would be directly elected, with each state appointing representatives based on their population.
  • The Senate would be appointed by state legislatures, with each state having two senators. (directly elected from 1913 after 17th Amendment)
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3
Q

How often do elections to Congress take place?

A

Every 2 years the whole House of Representatives and one-third of the Senate is elected.

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4
Q

How often are state populations reapportioned?

A

Every 10 years after the census (Years ending in 0)

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5
Q

What are the constitutional requirements for members of the House of Representatives?

A
  • Lower house
  • Representing congressional District
  • Serve two-year term
  • Must be at least 25 years old
  • Must be a US citizen at least 7 years
  • Must be a resident of the state they represent (some states also require a locality rule to be resident in their congressional district)
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6
Q

What are the constitutional requirements for members of the Senate?

A
  • Upper house
  • Representing entire state
  • Serve six-year term
  • Must be at least 30 years old
  • Must be a US citizen at least 9 years
  • Must be a resident of the state they represent
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7
Q

How much are members of Congress paid?

A

House and Senate members have an annual salary of $174,000 (some leadership roles receive more)

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8
Q

What is the average congressional district population?

A

761,169 based on the 2020 census.
(Prior to 2020 Montana at-large was the largest district with only one representative for over 1 million people. It is now the smallest with two representing an average of 542,704. The largest after 2020 was Delaware with only one representative for 990,837)

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9
Q

How many Senators are there?

A

100

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10
Q

How many members of the House of Representatives are there?

A

435 (set in the Apportionment Act, 1911)

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11
Q

Which 4 states have the most members in the House of Representatives?

A

California 52 (40million)
Texas 38 (30million)
Florida 28 (22million)
New York 26 (20million)

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12
Q

Which 6 states have only one member in the House of Representatives?

A

Wyoming (577,719)
Vermont (643,503)
Alaska (736,081)
North Dakota (779,702)
South Dakota (887,770)
Delaware (990,837)

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13
Q

What is the Wyoming Rule?

A

Since the Apportionment Act of 1911 the membership of the House has been set at 435. They Wyoming Rule would increase the size of the House in a representative-to-population ratio of the smallest state. Based on the 2020 census this would increase the House to over 570 members with California gaining the most.

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14
Q

What are the key leadership roles in the House of Representatives?

A

Speaker – Mike Johnson (R) (was Kevin McCarthy Jan-Oct 2023)
Majority Leader – Steve Scalise (R)
Majority Whip – Tom Emmer (R)
Minority Leader – Hakeem Jeffries (D)
Minority Whip – Katherine Clark (D)

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15
Q

What are the key leadership roles in the House of Senate?

A

President of the Senate (VP) – Kamala Harris (D)
President pro tempore – Patty Murray (D)
Majority Leader – Chuck Schumer (D)
Minority Leader Mitch McConnell (R)

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16
Q

What are midterm elections?

A

Congressional elections that take place in the middle of the presidential 4-year term. The president’s party usually looses one or both houses of congress (e.g. Trump lost the House to the Democrats in 2018, Biden to the Republicans in 2022)

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17
Q

What is the incumbency rate for re-election in the House and Senate?

A

Over 90% in the House of Representatives
Between 80-90% in the Senate (in 2022 it was 100%)
(In 2020 Congressional incumbents had a 96% win rate and 38 states had a 100% win rate in congressional races. In 2022 it was 98% and 41 states.)

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18
Q

What advantages to incumbents have in congressional elections?

A

Name recognition
Campaign finance
House website
Franking Privileges to mail constituents
Record in Congress
Gerrymandering

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19
Q

What is divided government?

A

Congress and the presidency, or the two houses of Congress is split between Republicans and Democrats.
This has become more common recently - in the last 8 elections the federal government has been divided 5 times, unified only with Obama’s, Trump’s and Biden’s (just) first Congress

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20
Q

What are congressional committees?

A

House and Senate committees consider bills and issues and oversee agencies, programs, and activities within their jurisdictions.

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21
Q

Who said, ‘Congress in session is Congress on public exhibition while Congress in its committee rooms is Congress at work’?

A

Woodrow Wilson, 1885

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22
Q

What are the Standing Committees?

A

Permanent policy specialist committees of Congress playing key roles in (1) legislation and (2) oversight of the executive branch (3) begin confirmation of appointments (senate only). The House has 20 and the Senate 16 and most of these are divided into subcommittees

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23
Q

What is the House Rules Committee?

A

The house rules committee (2:1 majority control) is responsible for prioritising bills coming from the committee stage on to the house floor for debate and votes deciding:
- Open rules that permit unlimited amendments
- Modified or restrictive rules that limit the total number of amendments
- Closed rules that forbid any amendments

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24
Q

What are Conference Committees?

A

If bills cannot be reconciled informally between the house and the senate a conference committee is set up

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25
Q

What are Select Committees?

A

special, ad hoc, investigative committees. Usually just within one house, sometimes joint

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26
Q

How are committee members selected?

A
  • Representatives seek assignments on committees that are closest to the interests of the district or state. Some committees such as judiciary, armed services and appropriations are more prestigious.
  • The party balance is in proportion to the chamber as a whole.
  • Re-elected members are routinely reappointed to the former committees.
  • Committee chairs are always from the majority party and seniority rule states that they have the longest continuous service on that committee.
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27
Q

What powers do committee chairs have?

A
  • Representatives seek assignments on committees that are closest to the interests of the district or state. Some committees such as judiciary, armed services and appropriations are more prestigious.
  • The party balance is in proportion to the chamber as a whole.
  • Re-elected members are routinely reappointed to the former committees.
  • Committee chairs are always from the majority party and seniority rule states that they have the longest continuous service on that committee.
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28
Q

What are enumerated powers?

A

Explicit powers given to congress in Article I of the Constitution

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29
Q

What are implied powers?

A

Powers that congress has assumed over time that are not explicitly stated in the Constitution. Many from the necessary and proper clause ‘elastic clause’ and the commerce clause.

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30
Q

What concurrent powers are shared by both houses of congress?

A
  • Create legislation - Article I, Section 1 ‘All legislative powers herein granted shall be vested in a Congress of the United States’
  • Override the president’s veto - (2/3 both houses)
  • Initiate constitutional amendments - (2/3 both houses)
  • Declare war – not since 1941
  • Confirm a new vice president – 25th Amendment
  • Investigation – implied power Article I, Section 8
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31
Q

What are the exclusive powers of the House of Representatives?

A
  • Power of the purse – begin appropriation bills including annual budget for US government submitted by the president
  • Bring charges of impeachment – president, federal officials or justices
  • Choose the president if the Electoral College is deadlocked - (1800 & 1824)
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32
Q

What are the exclusive powers of the Senate?

A
  • Confirming appointments
  • Ratifying treaties (2/3)
  • Try all impeachments (2/3)
  • Electing the vice president if the electoral college is deadlocked - (1800 & 1824)
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33
Q

What are the 3 main functions of Congress?

A
  1. Representation
  2. Legislation
  3. Oversight
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34
Q

What is Congress’ job approval rating? (Gallup, 2021)

A

Consistently negative with far more disapproving than approving. In October 2023 (after the removal of Speaker Kevin McCarthy) it hit a low of 13% approve 84% disapprove .

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35
Q

What are the different levels of representation in Congress?

A

Constituency representation – interests of district/state
Party representation – interests of the party
Functional representation – ‘look like America’

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36
Q

What is the party breakdown of the 118th Congress and how does that compare to party affiliation in the US?

A

House of Representatives:
221 Republicans and 213 Democrats
(1 vacant seat)

  • Senate:
    49 Republicans and 48 Democrats
    (3 Independents – Sanders, King, Sinema - caucus with Democrats).
  • USA:
    29% Republican, 40% Independent, 29% Democrat

as of November, 2023

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37
Q

How racially and ethnically diverse is the 118th Congress?

A

The most ever. 133 lawmakers or 25% (27% House; 12% Senate) identify as Black, Hispanic, Asian/Pacific Islander or Native American.
This trend has been growing especially since 2009. In 1945 it was just 1%.
Democrats are more diverse than Republicans with 57-4 African American members in the House and 3-1 in the Senate and 38-18 Hispanic members in the House and 4:2 in the Senate.
However, Congress remains less diverse than the nation as a whole at 41%.

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38
Q

How many members of the 118th Congress are women?

A

154 (28% vs 51% in the country as a whole)
- 129 House 29%
- 25 Senate 25%

There are more Democrats than Republicans: 94-35 in the House and 15-9 in the Senate.
The number of women in the 118th Congress is at an all-time high. There has been a slow steady growth since Jeannette Ranking was elected in 1916 and the total number has increased each congress since 1981. The Senate has been slower, only passing 3% in 1991.
Additionally, with the Election of Becca Balint (D-Vt) to the 118th Congress all 50 states have now had female representation. And four states (Minnesota, Nevada, New Hampshire and Washington) have all-female senate delegations.

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39
Q

How many members of the 118th Congress identify as lesbian, gay or bisexual?

A

13 (2% vs 6.5% of the US adult population)
- 11 House 29%
- 2 Senate 25%

The number of openly LGB members in the 118th Congress is the highest in history and tripled over the last decade with just 4 members in the 112th Congress of 2011-12.

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40
Q

What is the average age of lawmakers in the 118th Congress?

A

58 for Representatives
64 for Senators
39 for the US (median)

The youngest members are Maxwell Frost (D-FL) at 25 in the House and Jon Ossoff (D-GA) at 35 in the Senate. The oldest are Grace Napolitano (D-CA) at 86 in the House and Chuck Grassley (R-IA) at 89 in the Senate. Dianne Feinstein (D-CA) was the oldest but died in 2023 at the age of 90.

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41
Q

How does the age profile of Congress match the US as a whole?

A

Older generations still account for the largest share of lawmakers particularly in the Senate. Boomers (1946-64) make up 45% of the House, 66% of the Senate vs 21% of the US. Whilst the number from the Silent Generation (1928-45) has dropped from 19% in the 115th (2017-18) it is still at 8% compared to 5% of the US.

However, younger generations have been increasing their share of Congress especially in the House. Since the 115th (2017-18) Boomers have dropped from 62% to 45%, Gen-X (1965-1980) has increased to 38% compared to 20% of the US and Millennials (1981-1996) increased from 1% to 12% compared to 22% of the US. The House also has its first Gen-Z (1997-2012) member in Maxwell Frost (D-FL) and even the Senate has 3 Millennials.

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42
Q

How many immigrant lawmakers are there in the 118th Congress?

A

18 (3% vs 13.6% of the US population)

There has been a small increase from the approx. 1% of members from 1950-2010 but it is still well below the historic highs of the late 1800s at 6-8%. However, far more lawmakers are immigrants or children of immigrants who account for at least 15% of the 118th Congress.

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43
Q

How many members of the 118th Congress are veterans?

A

97 (18% vs 6% of the US population)

There has been a dramatic decrease in the second half of the C20th from at least 75% of lawmakers in 1973 and 18% of the US population in 1980.

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44
Q

How educated is the 118th Congress?

A

94% of the House and all but one senator holds a college degree compared to 38% of American adults. 30% of House Members, and 51% of Senators, have law degrees and have practiced law.

45
Q

How has the religious makeup of Congress changed over time?

A

Christians remain the largest group with 469 members (88% compared to 63% of US adults). However, their numbers have declined slightly at the lowest since 2009.
There are 2 Buddhists, 3 Muslims and 2 Hindus in the 118th Congress.
Whilst 29% of Americans say they are atheist, agnostic or nothing, just one lawmaker – Kyrsten Sinema – identifies as religiously unaffiliated, one as a humanist and 20 as unknown.

46
Q

Which Senator destroyed the Build Back Better Bill’s environmental components claiming to represent coal jobs in Virginia in 2021?

A

Joe Manchin

47
Q

What component of US elections makes constituency representation particularly important?

A

Members of Congress must be residents of the state which they represent.
Use of primaries to select candidates means that the public decides who will represent their party on the ballot paper.
Elections for the House are every 2 years.

48
Q

Who did Alexandria Ocasio-Cortez defeat in the 2018 Democratic Primary for New York’s 14th district?

A

Joe Crowley who was a 10-term incumbent, the Democratic Caucus Chairman for the House and a potential successor to leader Nancy Pelosi.
AOC ran a campaign about class, race, gender, age and progressive ideology in a new and diversifying district against an establishment incumbent who had never run in a competitive primary.

49
Q

Why did House Majority Leader Eric Cantor lose the 2012 Republican primary in Virginia 7th district?

A

He was not seen as conservative enough against Obama and was defeated by a Tea Party member Dave Brat (right-wing faction of the Republicans)

50
Q

How strong is party representation in Congress?

A

Most are elected through party primaries, there is a lack of representation of third parties and independents in Congress and there has been a growth in party line voting.
However, the Republican and Democratic parties are broad coalitions of different factions, representing parties across 50 states so they do not necessarily have a common ideological platform.

51
Q

What is party line voting?

A

Members of Congress voting in line with their political party: This has increased in both parties from lows of 50-60% in 1970 to records highs of 93% in 2021.
In 2020 9 Democrat and 3 Republican Senators had 100% unity scores along with 57 Democrats and 14 Republicans in the House (Elizabeth Warren has been 100% in 2017-2020)
However, some members still vote against their party; in 2022 Joe Manchin had a unity score of 92%, Kyrsten Sinema 96%, and RINOs Susan Collins 28.5% and Lisa Murkowski 38.4%

52
Q

How many independents are in Senate?

A

3; Senate – Sanders (Vermont) & King (Maine) but both caucus with the Democrats. Kyrsten Sinema (Arizona) left the democrats in 2022 but counts toward the Democratic majority for committee purposes.

53
Q

What is a ‘majority-minority’ district?

A

A congressional district within which a minority group makes up the majority of the population. Some, such as North Carolina’s 12th District, were so gerrymandered they were successfully challenged in federal court in 2016 and 2018.

54
Q

What is a congressional caucus?

A

Groups of often underrepresented members who share the same common policy goal and may vote together on them. There are lots ranging from the Bike Caucus to the Diabetes Caucus.
The Freedom Caucus was influential in eventually appointing Speaker Kevin MaCarthy in January 2023 and then removing him in October 2023.
The Congressional Black Caucus set up a ‘war room’ to defend Ketanji Brown after her nomination to the Supreme Court.

55
Q

What % of Congress received campaign contributions from pharmaceutical companies between 2009-19?

A

97% of the Senate
90% of the House

56
Q

According to opensecrets.org how much was spent lobbying Congress in 2022?

A

$4 billion – A record amount. From 1998-2008 this increased from $1.5-$3.3 billion.

57
Q

What percentage of bills become laws?

A

2-3%

58
Q

How many pieces of legislation were introduced in the 117th Congress? How many of those got a vote and how many those became law?

A

17,817
760 (4%) got a vote
365 (2%) became law
[714 resolutions were also passed]

59
Q

What is commemorative legislation?

A

Ceremonial laws – those that rename post offices and Veterans Affairs clinics, authorize commemorative coins and the like –in the 116th Congress they accounted for nearly a third (32%) of legislative output (Pew)

60
Q

What are the 6 stages of the legislative process?

A

Legislation in Congress has 6 stages
1. Introduction
2. Committee stage
3. Scheduling
4. Floor debate and vote on passage
5. Resolving differences/Conference committee
6. Presidential action

61
Q

How are bills introduced in each house?

A

In both houses the bill is sponsored by a member of congress, received by the leading member of that house and placed into committee.
- The speaker of the House can choose to time limit a bill, or place the bill through more than one committee which must be done sequentially, or divide the bill between committees ‘split referral’ to speed up the process.
- Senate leadership is more limited because of the principle of ‘unanimous consent’ which means that procedures can only be set aside to speed up legislation if no senator objects.

62
Q

Where do most bills fail?

A

At the committee stage; thousands of bills are referred to committees but only ¼ make it out and many of those do not get a vote on the floor of the chamber. Bills that do not make it out of committee are ‘pigeon-holed’ and ‘die’ at the end of the congressional session.

63
Q

What is the process of ‘marking up’ and ‘reporting out’?

A

‘Marking up’ amendments made to a bill by committee

‘Reporting out’ – committee sends the bill back to the chamber for consideration by the whole house

64
Q

What is the record for the number of ‘closed rules’ which blocks amendments to bills during the floor debates reported in a single Congress?

A

84 in the 115th Congress. The House Speaker was Paul Ryan (R)

65
Q

What is the ‘filibuster’?

A

A prolonged speech given on the floor of the Senate to delay or prevent the passage of a bill using the Senate rule of ‘unlimited debate’.

66
Q

Who gave the longest filibuster in Senate history?

A

Strom Thurmond (R) spoke for 24h18m against the Civil Rights Act of 1957

67
Q

Which senator read the Dr Seuss book Green Eggs and Ham as part of a 21hr filibuster in 2013?

A

Ted Cruz (R)

68
Q

What pieces of legislation have been ‘killed’ in the Senate by the filibuster?

A
  • The For the People Act of 2021 - to expand voting rights, change campaign finance laws, ban partisan gerrymandering, and create new ethics rules for federal officeholders.
  • The John Lewis Voting Rights Advancement Act of 2021 - would restore and strengthen parts of the Voting Rights Act of 1965.
  • The American Dream and Promise Act of 2021 - a pathway to citizenship for the young undocumented immigrants with support from 9 Republicans in the House.
  • National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act 2021 – even with bipartisan support in the House (35GOP) and Senate (6GOP) it failed to invoke cloture (54 to 35)
69
Q

What process can be used to end the filibuster?

A

A cloture motion – which requires 60 members (3/5) to end debate and move to a vote

70
Q

How many cloture motions (proxy measure for filibusters) were filed in the 116th Congress?

A

A record 328. The number of cloture motions has increased significantly during the 20th and 21st centuries.

71
Q

What major pieces of legislation have overcome the filibuster?

A
  • Obamacare - The Affordable Care Act (2010) a supermajority partisan cloture vote of 60-39 ended the filibuster.
  • Bipartisan Safer Communities Act of 2022 – firearm regulation and mental health bill after a school shooting in Uvalde Texas [House (234-193) all democrats and 14 republicans; Senate (65-33) 65-34 to invoke cloture]
72
Q

What Senate business is exempt from the filibuster and only requires a simple majority?

A
  • Nominations to the executive branch (2013 Democrats) and federal judges (2017 Republicans to secure confirmation of Gorsuch) are exempt after the ‘nuclear option’ established new precedents.
  • The budget reconciliation process, for which Congress has previously written into law special procedures that limit the amount time for debate.
73
Q

What major pieces of legislation were passed through the Senate using budget reconciliation to avoid the filibuster?

A
  • Inflation Reduction Act (IRA) (2022) (D) – tax reform and lower prescription drug prices, climate change investment in domestic clean energy ($891 billion). Negotiated with Senator Manchin this was a reduced version of the failed Build Back Better plan. [House (220-213); Senate (51-50)]
  • American Rescue Plan (2021) (D) - $1.9 trillion economic COVID stimulus [House (219-212); Senate (50-49)]
  • Tax Cuts and Jobs Act (2017) (R) [House (224–201); Senate (51-48)]
  • Health Care and Education Reconciliation Act (2010) (D) – this made changes that they were unable to get through in the earlier Affordable Care Act (2010) [House (220 - 211); Senate (56-43)]
74
Q

What major pieces of legislation (one Democrat and one Republican) used the budget reconciliation process to avoid the filibuster but still failed to pass through the Senate?

A
  • Build Back Better Act (2021) (D) – developed alongside the bipartisan Infrastructure Investments and Jobs Act (2021) it was a $2.2 trillion plan (negotiated down from $3.5) on climate change and social policy. The bill passed the House 2020-213 but Senator Joe Manchin pulled his support in the Senate. Some of the proposals were later included in the Inflation Reduction Act of 2022.
  • American Health Care Act (2017) (R) – this bill to repeal Obamacare failed to achieve a simple majority support because three Senate Republicans (Susan Collins, John McCain, and Lisa Murkowski) voted against it [Senate (51-49)]
75
Q

Which Republican Senate leader has increased the deployment of the filibuster to kill Democratic bills?

A

Mitch McConnell

76
Q

Why were Democrats unable to reform the filibuster to get legislation like the John Lewis Voting Rights Act passed during the 117th Congress?

A

The Senate of the 117th was split 50-50 and a vote to reform the filibuster so it would only require 50 votes for a cloture motion (instead of 60) was defeated 48-52 with Democrats Joe Manchin and Kyrsten Sinema voting against.

77
Q

Who breaks a tied vote on bills in the senate?

A

The Vice-President

Article I, Section 3, Clause 4 of the Constitution:
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

78
Q

How many times has Kamala Harris used the VP’s tie breaking vote in the Senate?

A

A record breaking 33 times (as of December 2023) passing Democratic legislation including the American Rescue Plane and the Inflation reduction Act.
It’s only been used 301 times in history and Mike Pence used it 13 times.

79
Q

What pieces of legislation have passed with bipartisan support?

A
  • The Respect for Marriage Act of 2022 – recognition of marriages between individuals of the same sex and of different races, ethnicities, or national origins. [House (258-169); Senate (61-36)]
  • Bipartisan Safer Communities Act of 2022 – firearm regulation and mental health bill after a school shooting in Uvalde Texas [House (234-193) all democrats and 14 republicans; Senate (65-33) 65-34 to invoke cloture]
  • Infrastructure Investment and Jobs Act of 2021 – a $1.2 trillion investment in America’s roads and bridges, water infrastructure, resilience, internet, and more. It passed the Senate 69-30 with 19 Republicans (including Mitch McConnell!)
  • Juneteenth National Independence Day Act, 2021 – [House (415-14); Senate (unanimous)]
  • Coronavirus Aid, Relief, and Economic Security Act or the CARES Act, 2020 [House (419-6); Senate (96-0)]
  • United States–Mexico–Canada Agreement – passed at the same time as the first impeachment (USMCA), 2019 [House (385-41); Senate (89 - 10)]
80
Q

How are differences in bills between the House of Representatives and the Senate resolved?

A
  • Formally through a conference committee – the final version of the bill then goes back to each house for approval (less common now)
  • Informally through ‘ping pong’ as the bill passes through each house’s amendments the leadership of each chamber make sure the final versions are identical. Or ‘Take it or leave it’ when one house adjourns and leaves it up to the other house.
81
Q

What are the 3 options for the president once a bill has been passed by Congress?

A
  1. Sign the bill
  2. Leave it on the desk – bill passes in 10 days as long as Congress is still in session. If the congressional session ends the bill ‘dies’. This is known as a ‘pocket veto’
  3. Veto the bill – the bill is returned to Congress
82
Q

When was the last pocket veto used?

A

Bill Clinton used one pocket veto by leaving the Bankruptcy Reform Act of 2000 unsigned and the congressional session ended before it became law. FDR used a pocket veto 263 times!

83
Q

How many times did Obama, Trump and Biden veto legislation?

A
  • Obama 12 – e.g. Keystone XL Pipeline Approval Act, Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015
  • Trump 10 – e.g. A resolution by each House to terminate Trump’s national emergency declaration over the southern border (2019), lots of others are resolutions disapproving of arms sales to UEA and Saudi Arabia or Yemen/Iran War Powers
  • Biden 8 – all resolutions during the divided 118th congress e.g. a joint resolution that stopped the Department of Education suspending federal student loan payments and debt.
84
Q

Out of 1,524 regular vetoes since 1789, how many have been overridden by Congress?

A

112 (7%)

85
Q

Which of Obama’s vetoes were overridden by Congress?

A

Only One - Justice Against Sponsors of Terrorism Act (2016); House (348-77), Senate (97-1).

86
Q

Which of Trump’s vetoes were overridden by Congress?

A

Only One - National Defense Authorization Act for Fiscal Year 2021; House (322-87), Senate (81-13).

87
Q

Why did Democrats struggle to pass the Build Back Better Act, 2021?

A
  • In the House of Representatives moderates and progressives argued over the expansive content of the bill, wether it should be passed alongside the Infrastructure Investment and Jobs Act and how to fund it. It passed narrowly on partisan lines with one democrat voting against (220-213)
  • In the Senate the 50-50 split meant the moderate Senators Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) had influence to cut the bill from its proposed $3.5 trillion to $1.8 trillion and remove climate and childcare provisions.
88
Q

What is oversight?

A

Part of checks and balances, oversight is the congressional review and investigation of activities of the executive branch of government including federal agencies. It is carried out by committees and other federal agencies (e.g. the Office of Management and Budget (OMB) and the Congressional Research Service (CRS))

89
Q

What powers of oversight does Congress have?

A
  • Scrutiny and Appropriations: authorisation of budgets (including reports, consulting and reviewing federal programs)
  • Investigation: subpoena documents and testimony; holding individual in contempt of Congress
  • Impeachment
  • Confirmation of executive and judicial appointments
  • Ratify treaties
90
Q

What factors influence oversight of the president by Congress?

A
  • Party control: oversight is more relaxed when government is united and more scrutiny when government is divided
  • Policy areas: congress has more say over domestic than foreign affairs
  • Presidential poll ratings: lack of popularity makes it easier for congress to defy the president
  • Partisanship: compromise with the president can be difficult
  • Election cycle: constituency becomes more important than president
  • National events: in national emergencies Congress can act with deference to hand the president more power
91
Q

When is there often less rigorous oversight?

A
  1. United government: the president’s own party in Congress is reluctant to embarrass the president with stringent oversight. (First 2 years of Clinton, Bush, Obama, Trump and Biden)
  2. Foreign Policy: Obama’s 2015 Iran Nuclear deal, Biden’s 2023 Israel armament
  3. Presidential Poll ratings: Obama was at 50% in 2010 to pass Obamacare but Trump was 40% or lower in 2018 when he failed to replace it.
  4. National Emergencies: Bush post 9/11 and the Patriot Act.
92
Q

When is there often more rigorous oversight?

A

During times of divided government.
- Clinton was refused ambassador to Mexico (1997), impeached (1998), refused federal judge (1999)
- Bush: Attorney General Gonzalez, Defence undersecretary and 2 generals resigned
- Obama: 6 house and 2 senate committees investigated the terrorist attack in Benghazi Libya in 2012 during which Hillary Clinton was questioned for 8hrs whilst leading the 2016 primary polls
- Trump: 2 impeachment inquiries, failure to ‘build a wall’, 2019 export of Nuclear technology to Saudi Arabia
- Biden: impeachment investigation (2023)

93
Q

What is the January 6th Committee?

A

A select committee of the U.S. House of Representatives to investigate the attack on the U.S. Capitol on January 6, 2021. It was set up through a largely party-line vote after a bicameral commission failed due to a filibuster from Republicans in the Senate. Liz Cheney and Adam Kinzinger were the only two House Republicans to serve on the committee and the Republican National Committee eventually censured them for their participation.
Whilst there were revelations from former White House chief of staff Mark Meadows, Trump argued that executive privilege over document and told republican leaders not to cooperate.

94
Q

Why was Steve Bannon indicted by a grand jury for contempt of congress in 2021?

A

He refused to comply with a subpoena issued by the House Select Committee investigating the Jan. 6 breach of the United States Capitol. He was sentenced to four months of incarceration and ordered to pay a fine of $6,500.

95
Q

What is impeachment?

A

The Constitution gives Congress the power to remove presidents if they have committed ‘“treason, bribery, or other high crimes and misdemeanours.”
The House Judiciary Committee holds an investigation and recommends articles of impeachment to the full House. The House has a simple majority vote to impeach. The Senate then holds a trial overseen by the chief justice of the US and if at least two-thirds of senators find the president guilty, they are removed from office and the VP takes over.

96
Q

How many presidents have been impeached?

A

3 impeached by the House though none convicted by the Senate
- Andrew Johnson, 1868
- Bill Clinton, 1998
- Donald Trump twice, 2019 and 2021
Richard Nixon resigned in 1974 to avoid being impeached for Watergate when the House Judiciary Committee passed articles of impeachment but before the House could vote.

97
Q

How did the House and Senate vote on Trump’s impeachments?

A

2019/20 Trump solicited Ukraine to influence the 2020 election
- Article I: abuse of power (House 230-197; Senate 48-52)
- Article II: obstruction of Congress (House 229-198 with all Reps and 3 Dems opposing; Senate 47-53)
Vote was on party lines with only 3 Dems in the House opposing and Senator Mitt Romney (R-Utah) Article I

2021 Trump-Raffensperger phone call and Capitol attack
- Article I: Incitement of insurrection (House 232-197; Senate 57-43
All Democrats and 10 Republicans (including Liz Cheney (WY-AL) voted for the impeachment in the House. All Democrats and 5 Republicans (Susan Collins (R-Maine), Lisa Murkowski (R-Alaska), Mitt Romney (R-Utah), Ben Sasse (R-Neb) and Pat Toomey (R-Pen) in the Senate

98
Q

Has anyone been impeached and convicted by Congress?

A

8 out of 15 judges that were impeached. Most recently U.S. district court Judge Thomas Porteous Jr on charges of accepting bribes and making false statements under penalty of perjury in 2010

99
Q

How has the filibuster of presidential appointments changed since 2013?

A

In 2013 the Democrats removed the filibuster for all nominations except the Supreme Court to overcome the backlog of Obama’s judicial appointments
In 2017 the Republicans removed the filibuster for Supreme Court nominations to ensure the confirmation of Neil Gorsuch.

100
Q

How has Mitch McConnell controlled Senate confirmation of Supreme Court justices?

A

As Senate majority leader he refused to permit a confirmation hearing and vote on Mr. Obama’s nominee, Judge Merrick Garland, to fill a Supreme Court vacancy in 2016.
With even less time before an election he pushed through Amy Coney Barrett in 2020.
He even refused to confirm SCOTUS hearings would happen at all if the GOP won back the Senate in the 2022 midterms.

101
Q

Which of Obama’s nominees to SCOTUS was rejected by the Senate in 2016?

A

Merrick Garland

102
Q

Which of George W. Bush’s nominees to SCOTUS withdrew after the Senate hearing in 2005?

A

Harriet Miers

103
Q

What were the bipartisan votes on Clinton’s SCOTUS nominations?

A

Clinton
- RBG in 1993 (96-3)
- Breyer in 1994 (87-9)

104
Q

What have been the partisan votes on the last 4 SCOTUS nominees by Trump and Biden?

A

Trump:
- Gorsch in 2017 (54–45) all Republicans and three Democrats including Joe Manchin (D-Virginia) voted to confirm
- Kavanaugh in 2018 (52-48) all Republicans and Joe Manchin (D-Virginia) voted to confirm. Lisa Murkowski (R-Alaska) opposed but balanced her vote with an absent Republican
- Barrett in 2020 (52-48) all republicans except Susan Collins (R-Maine) voted to confirm

Biden:
- Jackson in 2022 (53-47) all Democrats and 3 Republicans (Susan Collins (R-Maine), Lisa Murkowski (R-Alaska), Mitt Romney (R-Utah) voted to confirm. Also tied in committee 11-11 requiring a Senate vote to be brought to the floor.

105
Q

How many cabinet appointments have been rejected by the Senate or withdrawn?

A

27 but since 1989 all 11 have withdrawn. The latest was Chad Wolf who Donald Trump appointed to Homeland Security in 2020
Plenty now are approved on party lines such as William Barr’s nomination to Attorney General in 2019.

106
Q

What treaties were rejected by the Senate in 1999, 2012 and 2015?

A

1999 - Bill Clinton’s Nuclear Test Ban Treaty rejected by republican Senate (Yeas=48; Nays=51). He didn’t even put the Kyoto Climate Agreement to the Senate after they passed a resolution 95-0 against.
2012 - Convention on the Rights of Persons with Disabilities was rejected by republicans in (Yeas=61; Nays=38)
2015 - Joint Comprehensive Plan of Action (Iran Nuclear Deal) stop Iranian development of nuclear weapons. Obama joined through executive agreement and Trump left in 2018.
2015 - Paris Agreement on Climate Change. Obama joined in 2015 with an executive agreement, Trump left in 2017, Biden rejoined in 2021 with an executive agreement.

107
Q

What recent treaties have been ratified by the Senate?

A

2018 - United States–Mexico–Canada Agreement (USMCA) was Trump’s trade agreement designed to replace NAFTA. (House 385-41; Senate 89-10)
2010 - New START (The New Strategic Arms Reduction Treaty) US and Russia to reduce nukes. (Senate Foreign Relations Committee voted 14–4 followed by the Senate 71 to 26.)

108
Q

What majority is required to approve a treaty in the Senate?

A

2/3 majority

109
Q

How have presidents got around Senate approval of treaties?

A

When a treaty is not a treaty. Executive Agreements means many agreements with the international status of treaties are not passed as treaties in the US– e.g. NAFTA, Iran Nuclear Deal, Paris Climate.

BWS A-Level Politics (3 decks)

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