USA CONGRESS Flashcards
what type of system is congress? and how does the election cycle take place?
Congress is a bicameral institution- this is because both the senate and the house are equal legislative bodies, there are two senators per state to give protection to the smaller states.
The election cycle- there are both the mid-terms and the presidential elections, the house is elected every two years and 1/3 of the senate every two years.
what powers are given to congress in the constitution?
legislate “all legislative powers shall be vested in a congress”
representation
Amend the constitution, article 5 allows this role to be shared with the states.
declare war “initiate military action”
Economic power to “lay and collect taxes”
Congress has the constitutional power of “oversight”, to oversee the executive.
what exclusive powers are given to each chamber?
The House-
Impeachment- this is where the house is able to bring formal charges against a public official- this does not mean that they have the power to remove them from office. (BC/DT)
Elect the president if no candidate has over 50% of Electoral College (ECV)- only happened in 1800s
Begin consideration of all money bills- all revenue-raising bills must begin in the house first, they can still be rejected/amended by the senate- with the house being elected every two years this highlights their power.
The Senate-
Try an impeachment case- a 2/3 vote is required to remove someone from office. Trump was impeached but not removed (exact state)
Elect the VP if no candidate has over 50%
Ratify treaties- all treaties that are negotiated by the president need a 2/3 vote from the president, Obama’s START treaty in 2010 received confirmation from the senate, in 2012 Obama was unable to pass a treaty on disabled rights (61 senators in favour). Though, the exec agreement as undermined this power
Confirm executive appointments- over 1200 appointments are scruitised, through committee hearing, with a presidential nomination needing a 50%election vote (see DT).
what is the importance of congress when it comes to representation?
congressional elections- this is evident as elections take place every two years, the formation of primaries for congressional elections also provides another layer of representation. This means that the structure of congress is constantly changing.
the importance of mid-term elections- this can have a major impact on presidential power, there was Nancy Pelosi and the “100 hour” agenda which acted as effective opposition, Democrats gaining the house in 2018, Republicans 2022. It’s typical for presidents to lose control of one chamber for example in 2014 the Republicans took control of the senate and retained house control, this partisan control of congress meant that Obama struggled to pass legislation.
Though, in 2002 Bush was able to gain seats in response to 9/11, this sought to unify America.
Though, there is a trend of high incumbency in congress, in 2016 97% for the house and 90% for the senate- this can affect the representation that is evident. (need recent stats)
what are the factors that are responsible for high incumbency re-election rates?
Use of office- people in congress use their office to attract popularity and donors.
safe seats and gerrymandering- this can benefit candidates when boundaries benefit their group when dominant parties draw electoral boundaries to favour a certain group or party.
pork-barrel legislation- this is when a member of congress proposes amendments to legislation that will bring benefits to a certain group for example in 2016 congress passed legislation to spend $475 million on a new navy ship that the defence secretary and navy did not want, this was supported by representatives from Wisconsin and Alabama who represent shipbuilding companies.
financial advantage- incumbents are able to attract more money, for example in 2016 $1.5 million was raised per candidate.
what is the significance of Gerrymandering and Operation REDMAP?
After Obama’s victory in 2008, there was an effort made by republican officials to change the boundaries to benefit them, for example in Pennsylvania the Republicans spent a large number of campaign finance to attack Democrat state politicians to change the boundaries, in 2012 Obama was able to win PY again, though with 7 fewer congresspeople than he did 4 years prior.
what are key factors that affect voting behaviour within congress?
public opinion/constituency- there is frequent elections, especially within the house which means that congress people need to be aware of the strong threat of removal, for example in 2009 several democrats dropped their support for the ACA after meetings with their constituency, in 2017 there were 10 moderate Republicans who opposed the plan to repeal this act, some of these moderates represented people that voted for Clinton in 2016.
party/party leaders- public impact has an impact on the way that people vote, for example in 2009 11 souther democrats voted against Obama’s stimulus package.
Caucuses- key causes tend to vote together on a key issue
Interest groups and lobbyists- these can influence the way that politicians vote, such as the AFLCIO, the AARP, pressure from the NRA limited how far Obama was able to pass legislation on guns- there is also a high rate of politicians becoming lobbyists.
what are the key features of how congress legislates?
ignition- it is the individual members of Congress who initiate policy, congress is more active in setting the agenda.
compromise- the system of checks and balances means that there may be changes to legislation
weak parties and party leaders- people in congress are more interested in listening to their constituents, the rise of partisanship can help legislation to pass.
obstacles to success-
the equal power of the two chambers
legislation has to pass through several committees , overriding a presidential VETO requires 2/3 in both chambers.
what is the legislative process in the US?
initiate
debate and amend- house/senate committees
scheduling for main chamber- house rules committee and senate floor
Decide- a bill must receive 50% in each chamber, a dispute bill may go to the conference committee.
The president- has to sign the bill (to override a VETO requires 2/3)
what are the differences in legislation between House and Senate?
in the house the bills goes to the Rules Committee which is led by the speaker, they have power over the legislative agenda- the senate does not do this, bills are debated in full
The senate has unanimous consent, where all senators involved agree on a decision being made, the senate also has the use of filibuster, in 2013 and 2017 there were law changes on the use of filibuster, in 2017 there was no longer allowed to be filibuster for SC nominations.
A filibuster is ended with 60 votes, bills typically need to reach this, for example the 2010 DREAM ACT failed.
Chris Murphy- unconventional filibuster: he used the filibuster to force a vote, rather than stop it, in 2012 he said he would only end his filibuster when key gun control measures were pass in relation to Sandy Hook. His filibuster failed for both matters.
what are the strengths and weaknesses of the legislative process?
strengths-
checks and balances
Quality policy- limits the danger of poor bills.
Individual and state rights are protected- senators can insert amendments or filibuster on the basis of their equal state power and interests.
weaknesses-
inefficiency- congress can fail to agree on legislation
high levels of partisanship- means that parties are unwilling to compromise
poor quality legislation- a bill may lack coherence if there has been too much compromise.
people voting on ideological lines can be seen to be a strength and a weakness, as this can allow effective policy, though dependent on ideological lines acts such as those that undermine federalism undermine state rights.
what are examples of key acts that have failed?
budget shutdown in 2013- this was disagreement on provisions such as the ACA
the 2024 bipartisan border security bill- this would have made major changes to immigration, the 43-50 vote was short of the number of votes that were needed.
2018 government shutdown- this was a 35 day shutdown over the border, this was estimated to cost the government $11 billion.
2023- John Lewis Voting Rights Act- this was written in response Shelby county vs holder, this act fell short on two attempts.
2017- trump care, the senate rejected the bill on a 51-49 vote, key figures such as McCain voted against the bill.
what are examples of key acts that have passed?
The Freedom Act 2015-this reauthorised many provisions of the PATRIOT ACT, this was renewed in 2023, this also allowed the “probable clause to still be in place”
2022, bipartisan safety and communities act- this implemented several changes to the mental health system, the bill passed 230-190 in the house.
2010, the ACA, passed 60-39 in the senate.
2017 tax cuts and jobs act- this saw changes to the tax scheme, the tax was passed 227-205 in the house.
2022 Chips act- this put $280 billion in new funding to boost domestic research and manufacturing of semiconductors in the US, was passed in 2021 215-207
2022- respect for marriage act- this requires federal and state gov to recognise same-sex marriage, was passed 61-36 in the senate.
2022 inflation reduction act- was passed 51-50, with the vote of Harriss (key example of this taking place)
what are the factors limiting the impact of congress?
The president- his VETO, Obama vetoed the ACA repeal in 2016
Congress is internally divided- the 2013 senate passed immigration reform which was not passed by the house,
The SC- 2013 Shelby county vs holder
Partisanship- makes it harder to create laws, 2018 shutdown.
(add recent examples)
what powers of oversight does congress have?
They vote on presidential proposals, for example in 2017 Trump was frustrated when he was unable to pass the America Health Care Act, even with a Republican majority, key figures such as McCain voted against this. They also amend laws that are supported by the president, Congress passed authorization to the National Defense Authorization Act, making sure that he gave 30 days notice the relevant committees before he moved anyone from Guantanomo.
Congress has the power of the purse
Congress will develop their own agenda.
Congress have the power to overturn a VETO, Obama’s VETO against the 2016 Justice Against Terrorism Act.
Declare War
Senate has to ratify appointments, for example 2016 Garland
Senate ratification of treaties, in 2014 the senate blocked a united nations disability treaty, which Obama pushed for.
Impeachment and removal of the executive branch
how else is the president checked by congress? How might they be limited?
Committees have the power of oversight
in 2016 Hilliary Clinton was investigated over her use of a private email account for her work as secretary of state, there has also been the creation of temporary committes, for example the creation of the house select committee after the US ambassador to Libya was killed there. There are factors that effect how effective congress is at oversight, for example the popularity of the president, does the president have effective leadership.
Congress can be limited if an imperial committee is taking place, in 2016 Trump was criticised for his high numbers of Executive Orders, Congress found it hard to check each one. Obama was also seen to have an imperial presidency over Libya, executive agreements in congress are also a way for the president to bypass congress.
Examples of when congress have been criticized for not checking the presidency effectively?
With the partisan nature of congress oversight might be limited, this was evident when, in 2017 David Nunes was criticized for his lack of independence from Trump when investigating russian involvement in US elections, John McCain stated that “you’ve got to be bipartisan”.
how does congress limit the supreme court?
Congress can amend the constitution, which can undermine the supreme court. The senate also has the role as ratifying presidential nominations, congress could also impeach a president and the number of justices that there should be on the SC lies with congress.
to what extent does partisanship exist in congress?
Congress has become increasingly polarized in recent years, this affected Obama in the final weeks of his presidency, for example the committee failed the budget committee failed to consider Obama’s $4 trillion budget proposal, in 2024 the unity within the house republicans was 90%, down 1% and for the democrats it was 95% down 3%.
Compared to the sentate, it was 85% for the Republican party and 95% for the democrats.
Whilst, there is party unity the parties have become more polarised. For example it was reported that for 2024, there were 37% of representatives that were very conservative, and 25% of representatives are very progressive.
what are examples of bipartisanship within congress?
there was the “gang of 8” senators that worked together in 2012 to pass legisaltion.
in 2016 there was bipartisan agreement to overturn Obama’s Saudi Arabia legislation veto
what are the implications of partisanship?
This reduces the ability that congress has to pass legislation, the 112th congress was very unproductive passing 208 pieces of substantive legislation, the 118th congress passed 274 pieces of legislation. Gridlock can also lead to shutdowns, this was evident in 2013 and 2018. There was also gridlock in 2016 over the Zika Virus, no agreement was reached, this was over different opinions in funding with Obama wanting 0.8 billion more. Paul Ryan accused the WH and Democrats of being too partisan.
This partisanship has affected the power of the president, congress is able to obstruct the president’s policy initiatives- though, this can help to enforce effective oversight. If there is unity among both chambers congress can forget to act as an oversight branch.
how is congress representative?
there are separate elections for both the president and congress, this allows people to have separate votes for the executive and the legislature, this is prevalent with split-ticket voting.
two elected chambers- with different term lengths this means that there is both stability and a house that is constantly changing.
Frequent elections and short house terms- this allows people to the composition of the chamber. For example in the 2022 mid-terms the republicans gained control of the house, and the democrats retained control of the senate.
how is congress not representative?
FPTP and gerrymandering
Social representation (see 2025 stats)
The influence of pressure groups can be seen to distort the influence of pressure groups, politicians will respond to unelected pressure groups.
what are the key figures of the 119th congress?
the salary of all members of congress is $174000 per year
House:
Speaker- Mike Johnson
Majority leader- Steve sealsie
Minority leader- Hakeem Jeffries
The Republicans have a 4 seat majority of 219.
Senate:
Speaker- vance
Majority leader- John Thune
Minority leader- Chuck Schumer
52-45 (R)
what are key constitutional checks on congress?
- there are frequent elections with the upper and lower chambers
- there is also frequent representation and this is constantly changing
COMPARE TO PARLIAMENTARY SOVREIGNITY IN THE UK.
The executuve- the VETO, congress can overide this with a 2/3 vote
The president can also ignore the bill for two weeks
The judiciary: the power of JR, Congress also has the power of to confirm judicial appointments- in the UK parliament can remove a judge
what are the exclusive powers of congress?
House of Representatives:
- all money bills have to begin consideration in the house
- impeachment, 2019/2021 Trump
- choosing the president if the EC is deadlocked
The senate:
- ratify treaties, they can’t negotiate treaties that is the role of the president, 2010 START, 1999 comprehensive test ban treaty- though, executive agreements are a way around this, this is treaty is not formally ratified by congress- this took place in 2015 with the JCPOA.
This also means that congress can vote against treaties, in 2013 congress voted against the UN charter on disability and children, there was the claim that it affected US sovereignty.
- confirming appointments to the SC
- trying cases of impeachment, in 2021 57 senators stated that Trump was “guilty” this fell 10 votes short
- 3 federal judges were also removed in the 1980s
what are the concurrent powers of congress?
power to declare war- Bush sought an agreement for the use of US military it was not “war”
creating legislation- CHIPS act was passed by both
2017- tax cuts and jobs act
Oversight of the executive branch, the Trump campaign was investigated by the house intelligence committee, J6 committee, HC being investigated over Libya.
override the presidents VETO, the national defence authorisation act overturned by 322 -87 in the house.
Confirming an appointed VP- Gerald ford was confirmed in 1973
what is the significance of committees and legislation?
there are 18 members of the senate and 30-40 members of the house of reps on a committee, they will want to sit on committees that affect their constituents for examples the North Dakota Senator Heidi Heitchamp sit on the agricultural committee
The speaker has the power to make decisions on the future of a bill, if the speaker wants a bill to fail he can put limits on the amount of time that the bill has to pass, most bills will end up going to the appropiation committee that deals with money.
Pigeonholing- the bill can be simply ignored, the bill may also be heavily scrutinised and require witnesses.
Witnesses can be ordinary people- other members of congress.
Committees are also able to fulfil their oversight function, they can investigate the policy area.
The senate committees are key for appointments
The house rules committee is also key for the second reading, this committee is sought after and considered to be very influential, the committee has power such as closed rules to forbid any amendments.
what is the significance of committee chairs?
Senators Grassley and Senator Leahy are key to the senate judiciary committee- Grassley was re-appointed for 2024
The republican party holds all committee chairs, the seniority rule is the rules that that all congressional standing committee chair is the member of the majority party.
Republicans have made key changes to this bill, they have term limits (6 year) 3-term
They also have key choice over who will be chairs- they have made these changes to suit their needs and not clog up the system, senators vote who should be on standing committees
A key power of the chair is their ability to control the agenda
what is the significance of the passing of Obamacare?
the death of ted Kennedy meant that the bill was no longer filibuster proof, Martha Connell lost
Pelosi used the notion that Obamacare could be referred to as a special bill- as it saved money, this was a way to prevent filibuster.
Obama got the church involved as a way to confirm that the church would not get involved, turned to the Keeghan and the CHA.
bill passed 220-211
why is it so difficult to pass legislation through congress?
Complicated process- it’s done on convention it’s not in the constitution how to pass legislation
ACA- battle between the house and senate
need for super majorities- this makes sure that the bill is filibuster proof, though bills are passed on a simple majority, though they are not filibuster proof- the Jobs Act Under Trump.
The senate and the house have equal power, this also posed the problem that the chambers may be controlled by different parties, 2010-12, this was known as the “do nothing congress”, this is also prevelant saying that presidents tend to lose power in the mid-terms, the 2012 mid-terms/2018
there is weak party discipline in congress- though, this is changing in 2024 as parties do tend to vote the same way (see earlier fc)- compare to the UK, where mp’s are reprimanded for voting against their party- 2006 George Wallace was not given a government job/ compare to the whip system
how does congress scrutinise the executive?
Presidential appointments- Marco Rubio received support from 99 people, with Hegseth the senate was split- though presidents have have been able to work around this in the recess senate- George Bush.
Organisation of the executive branch, congress established the department of homeland security as a separate department
scrutinising treaties, must receive a 2/3 vote for the senate, inn 2018 the US-MEXICO-CANADA agreement, some get rejected 2015 the Paris agreement.
Scrutinising presidential use of the armed forces- 1973 war powers act, 2002 there was was the authorisation for the use of the military- not a formal declaration of war
Scrutinising legisaltion- see above examples
scrutinising the budget- 2003 Bush proposed tax cuts of $550 billion, this was lowered to $350 by members of his own party
in Trumps 2016 budget there was a $26 billion change in the environmental practice agency
investigating the executive- 2005 Hurricane Katrina, 2015 and Clintons investigations over her emails.
impeachment- 57-43 (10 votes short of what was needed) TRUMP. CLINTON- 1998, 55-45
