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1
Q

What is Congress and from what was it established from?

A

CONGRESS

  • Established in Article I.
  • The Founding Fathers cite King George III as “a prince… marked as a tyrant” with a fear of this tyranny (oppressive or cruel rule) perhaps explaining why Congress was first in the Constitution - with this branch of Gov. being most accountable to voters.
2
Q

What is the structure of Congress?

A

BICAMERAL LEGISLATURE
- Made up of two equal legislative bodies (stop Congress gaining too much power alone):

  1. Senate (100 Senators).
    - Appointed by state legislatures, with each state obtaining two senators regardless of population.
    - This safeguarded against popular sovereignty and gave every state a protected voice regardless of size.
    - Only became an elected chamber through the 17th Amendment in 1913 over growing concerns regarding the power of industrial monopolies to control state legislatures in the appointment of senators (The Standard Oil Company, by John D. Rockefeller, ceased by 1911 as an illegal monopoly in a Supreme Court Ruling).
  2. House of Representatives (435 Representatives).
    - Each State would appoint a number of representatives proportional to its population.
    - House represents POPULAR SOVEREIGNTY (gov. authority is derived from the consent of the people being governed as a source of political power).
    - Concurrent (shared) powers in both chambers; such as the power to legislate, equal salaries.
3
Q

What is the membership of the Senate?

A

SENATE MEMBERSHIP

a) 100 Senators (originally 26 in the 1st Congress) with the Vice President casting the deciding vote in the event of a tie.
- Since the 17th amendment in 1913, Senators are able to serve 6-year terms.
b) 2 Senators per state
- The longer-serving senator from the state = ‘senior-senator’.
- The shorter-serving senator from the state = ‘junior-senator’.
c) Each senator represents the whole state.
d) Serve a 6-year term, with 1/3rd of the house up for elections every 2 years (Class I, II, III)
- Class I was elected in 2018.
- There are no limits on the number of terms that can be served.
e) Key leadership roles:
- Vice President Mike Pence (constitutionally, they preside over the Senate).
- President pro-tempore (Chuck Grassley) acts in Mike Pence’s absence.
- The majority (Mitch McConnell [R]) and Minority (Chuck Schumer [D]) leaders.

4
Q

What is the membership of the House of Representatives?

A

HOUSE OF REPRESENTATIVES MEMBERSHIP

a) 435 Congressmen/women.
- Plus 6 non-voting members including the member for Washington DC and American Protectorates (e.g. Guam).
b) Reflective of the population of each state.
- EXAMPLE. The Apportionment Act 1911 sets the number of members in the House of Representatives as 435 (when the population was 92 million = 215,000 citizens per Representatives, however today the population is 328 million = 750,000 citizens).
- In the 115th Congress, 7 states had only 1 representative as their populations were around 1 million.
- California had around 53 members for its 40 million population.
c) Each ‘Congressional District’ is drawn by the state government and redrawn every 10 years after the Census.
d) The whole house is up for election every 2 years (mid-terms).
- There is no limit on the number of terms that can be served.
e) Key leadership roles:
- Speaker of the House, Nancy Pelosi [D] (elected by the whole House from the Majority Party.
- The majority (Steny Hoyer [D]) and Minority (Kevin McCarthy [R]) leaders.
- The majority (Jim Clyburn [D]) and Minority (Steve Scalise [R]) whips.

5
Q

What is the election cycle of Congress?

A

CONGRESSIONAL ELECTIONS

  • Occurs every 2 years, whilst the President is every 4 years (midterm elections in-between).
  • All House of Representative seats is contested whereas 1/3rd of Senate seats are elected.
  • Current Congress is 116th (2019 - 2021).
  • All federal government elections use FPTP which has promoted the Two-Party system in America.
  • Increased chances of divided government with 72% of the time being divided between 1969 - 2020 (only 21% between 1901 - 1969).
6
Q

What is the significance of midterm elections?

A

MIDTERM ELECTIONS

a) Effectively a referendum on the first two years of a presidential term.
b) There is a common pattern of the incumbent executive party losing the power of one or both chambers in midterm elections, making it harder to pass legislation.
- EXAMPLE. Donald Trump lost the House of Representatives to the Democrats in the 2018 midterms.
- EXAMPLE. Bush lost both chambers in the 2006 midterms.
- EXAMPLE. Only gained seats in the house 3 times: Roosevelt 1934, Clinton 1998, Bush 2002.
c) Gives future presidential candidates a common party platform which can increase their profile.
- Example. 1994 Newt Gingrich successfully moved from minority leader to speaker, based on his ‘Contract with America’ a fiscally conservative package presented to voters, which Clinton was forced to accept. Or Nancy Pelosi and the ‘100-hour agenda’ in 2006. Giving speakers more power and setting the legislation as much as the president.
- EXAMPLE. Republicans tried to make the 1998 midterms into a referendum on the Lewinsky affair yet backfired as Clinton gained more seats and reduced the chances of removing him from office.

7
Q

What provides Congress power?

A

ARTICLE I of the CONSTITUTION

  • Gives Congress enumerated powers both concurrently and exclusively.
  • The ‘necessary and proper clause’ of Article I allows Congress to make any laws that will allow it to carry out its enumerated powers.
  • The ‘Commerce Clause’ allows Congress to regulate foreign and interstate trade as well as being used to defend the power to set up a national bank in 1791 (power to levy and collect taxes).
8
Q

What are the shared powers of Congress?

A

CONCURRENT POWERS

  1. Create Legislation
    - Ability to create, amend, delay and pass legislation yet is not unlimited and is instead dependent on Constitutional powers, with states holding power to legislate in other areas.
    - EXAMPLE. Trump had to ask Congress to pass legislation which would repeal and replace Obamacare, yet all of the Senate Democrats and 9 Republicans voted against this, with even a partial repeal of Obamacare failing with 7 republicans voting against it.
    - EXAMPLE. The original Obamacare was heavily amended by Congress before passing - issuing Presidential Executive Order 13535 to ensuring that abortions would not be funded with federal money to overcome Congressional disagreements.
  2. Override the Presidential’s Veto
    - Once a bill has passed Congress, it requires the President’s assent to become law - but they can veto a bill.
    - In this case, Congress has the power to overturn this veto with a 2/3rd supermajority in both chambers.
    - Normally when Congress is controlled by the opposition is this more commonly used:
    - EXAMPLE. 11/12 vetos used by George Bush came after he lost control of both chambers, with 4 being overridden.
    - EXAMPLE. 10/12 vetos used by Obama cam once he had lost control of at least 1 chamber, with 1 being overridden. Yet the threat of a veto can be a power against Congress - Obama threatened 148 vetoes in his first 6 years, yet only used it 2 times.
    - EXAMPLE. Bipartisanship in 2016 with a Congressional veto of the 9/11 Victims Bill (97 Senators voted to override the Veto - except Harry Reid, the Democratic Minority Leader).
    - EXAMPLE. In February 2018, Trump threatened to veto any immigration bill which did not contain the ‘four pillars’ laid out in his administration: a path to citizenship, securing the border, an end to the green card lottery, end to ‘chain migration’.
  3. Propose Constitutional Amendments
    - Article V says a 2/3rds vote in both chambers can propose constitutional amendments.
    - The last time an amendment was added was in 1992.
  4. Declare War
    - Article I, section 8 gives Congress the power to formally declare war on another nation.
    - Last used in 1942 to declare war on Romania, with President Roosevelt formally asking both houses to declare war on Japan in 1941 following Pearl Harbour.
    - There is ambiguity as the President has the power to initiate military action, with the technological development of weapons in the 20th Century mobilising this threat from the executive - yet Congress’ power over money and tax has controlled this desire.
  5. Confirm a new Vice President
    - If the office of VP becomes vacant during the Presidential term then it must be filled.
    - The 25th Amendment allows for a simple majority vote in both houses to confirm a VP (as current VP may step up to be President).
    - EXAMPLE. Happened when Lyndon B. Johnson took over from JFK in 1963. Or Gerald Ford replaced Richard Nixon in 1974.
  6. Investigation
    - Through implied powers, Congress can investigate areas on which it has created legislation or may need to create legislation (alongside federal programs).
    - The power to ‘SUBPOENA’ (Congress to order someone to attend a hearing and compel them to give evidence.
    - EXAMPLE. As seen in 2003 following 9/11 and the role of the US intelligence community.
    - EXAMPLE. In 2017, 4 different congressional committees investigated the alleged Russian interference in the 2016 presidential election with Republican chair, Devin Nunes, of the House Intelligence Committee concluding that they “did not determine that Trump or anyone associated with him assisted Russia’s active measures campaign”.
9
Q

What are the exclusive powers of the Senate?

A

SENATE POWERS

  1. Ratify Treaties
    - Check on the president’s power over foreign policy, the Senate scrutinises treaties and choose to approve or reject them by a 2/3rd vote.
    - EXAMPLE. In 2012, only 61 voted to ratify the UN Convention on the Rights of Persons with Disabilities as Republicans thought it may entail extra gov. regulation.
    - It does not have to reject a treaty to exercise this power, but also through scrutiny and acceptance (Obama ratified the START treaty in 2010 to scale back their nuclear arsenal jointly with Russia).
    - This power has been eroded by the President’s use of Executive Agreements.
    - EXAMPLE. The Treaty of Versailles 1919 was rejected by Congress despite President Woodrow Wilson personally negotiating the treaty following World War I so Americans could not join the League of Nations until 1921.
  2. Confirm Appointments
    - There are over 1,200 senior appointments (cabinet members, senior members of the EXOP and all federal judges including supreme court justices) which need to be confirmed by relevant committees on the qualifications and suitability of a candidate before a simple Senate vote.
    - EXAMPLE. Trump nominated 2 justices to the US Supreme Court, yet the hearings of the Senate Judiciary Committee for Brett Kavanaugh were subject to unprecedented protests objecting to his nomination over abortion which could challenge 1973 Roe v Wade and his stance on the Mueller investigation into Russian election interference.
  3. Try cases of impeachment
    - In cases brought forward by the House, a trial is held in the Senate and presided over by the chief justice of the Supreme Court, with the House of Representatives acting as the prosecution, whilst the person can mount a defence of witnesses.
    - A 2/3rd majority finds them guilty or not which determines their position in office.
    - EXAMPLE. No president has been removed from this. Yet the Consitution is vague on reasons for impeachment, Gerald Ford was leading a charge of impeachment for financial misconduct against Justice Douglas in 1970 before becoming president yet he believed that it is “whatever a majority of the House of Representatives considers it to be at a given moment in history” over the actual impeachable offence.
  4. Choose the VP if the Electoral College is deadlocked
    - The Senate chooses the VP, yet the VP does act as president of the Senate, so it is logical that the Senate would select them in these circumstances
    - Only occurred in 1800 and 1824.
10
Q

What are the exclusive powers of the House of Representatives?

A

HOUSE OF REPRESENTATIVES POWERS

  1. Power of the Purse
    - Can begin appropriation (spending) bills, which gives considerable power over the president and over the Senate (although the Senate can amend these bills and approve them).
    - Each year the president submits the annual budget for the US government to the House Budget Committee to begin the approval process.
    - EXAMPLE. In the 2018 budget, Trump requested that the budget for the Environmental Protection Agency (EPA) be cut by 1/3rd. Republicans in the House proposed cutting it by just 6%.
  2. Bring charges of impeachment
    - Article II, section 4 can bring forward charges of impeachment against the president, his officials, or justices of the federal courts - if guilty they will be removed from office.
    - Not a criminal trial, if they have broken a civil proceeding may follow, but impeachment just removes them from power (has been successful 3 times (1868, 1998, 2019) and is a threat to the executive).
    - EXAMPLE. In 2008, Dennis Kucinich [D] sponsored 35 charges of impeachment against George W. Bush and 3 against VP Dick Cheney (on the Iraq War and ‘War on Terror’ for misleading the public).
  3. Choose the president if the Electoral College is deadlocked (or neither candidate has over 50%)
    - In order to win an election, the president needs to gain a simple majority in the ECV.
    - There are 535 ECV with a candidate needing 270 to win. If this is not achieved, then the House of Representatives will choose - each state has 1 vote in the house (voting as a bloc).
    - The two-party system and amendments redefining the electoral process mean that this power is unlikely to be used.
    - Only used twice: in 1800 to elect Thomas Jefferson over Aaron Burr and in 1824 to elect John Quincy Adams.
11
Q

What are the 3 main functions of Congress?

A

FUNCTIONS

  1. Representation
  2. Legislation
  3. Oversight of the other branches of government
12
Q

What is the significance of the incumbency?

A

INCUMBENT

  • The person who currently holds a political office, usually referring to the president, a senator or a member of the House of Representatives.
  • In 2016, incumbency re-elections were 97% for the House and 93% for the Senate.
  • A threat to US democracy as an ineffective and biased level of representation, some states have created term limits which have been removed by the supreme court, yet it would end the stagnation of politicians in Congress or would it still be dominated by gerrymandering and funding.
13
Q

What factors are responsible for high incumbency re-election rates?

A

INCUMBENCY RE-ELECTION

  1. Use of office
    - Congresspersons can use their place in office to establish popularity/name-recognition and attract major donors.
    - Proven track record inspires trust among voters.
    - Provided with a personal website on the US Gov. website which can easily expound on their policy beliefs, successes and influence alongside being easily contactable for constituents.
    - ‘FRANKING PRIVILEGES’ so the cost of mailing to their constituents is provided for via Congress (not for electoral purposes, but can be used to demonstrate their work in Congress), with franking costs far higher in election years at $24.8 million in 2012 whilst it was only half the year before).
  2. Safe seats and gerrymandering
    - GERRYMANDERING is the shaping of congressional districts to give one party a political advantage.
    - The party controlling each state’s legislature has the opportunity to redraw the House of Representative’s constituency boundaries every 10 years after each census.
    - Leads to gerrymandering as the states governing party draw the boundaries to give an electoral advantage, with racial gerrymandering commonplace before the civil rights era as state boundaries were drawn up by the politicians elected at state level.
    - EXAMPLE. Republicans tacticians in 2010 re-drew House-district boundaries, such as Pennsylvania. In 2008, Obama won Pennsylvania and 12 Democrat representatives. In 2012, Obama won again but only 5 Democrat representatives (with Republicans winning the other 13/18 seats despite the Democrats winning 100,000 more votes, 51% of the votes translated into 23% of seats).
    - EXAMPLE. 2017 Cooper v Harris challenged the use of race alone in gerrymandering/redistricting as racist.
  3. Pork-Barrel Legislation
    - When a congressman proposes an amendment in legislation that produce benefits (predominantly financial/infrastructure) to a district in order to win favour and attract popularity.
    - When an amendment by a politician to add expenditure to benefit constituents, oy os referred to as an ‘EARMARK’ which is criticised for contributing towards the budget deficit and gives some over-representation to regions.
    - Republican leaders placed a moratorium on EARMARK in 2010 to restrict this practice.
    - EXAMPLE. Fiscal conservatives engage in this if it increases re-election chances: Gravina Island Bridge in Alaska was advocated by Republican Representative Don Young with a budget of $398 million and connected Gravina Island and its 50 residents to Ketchikan. The nicknamed ‘bridge to nowhere’ passed in the ‘Transportation Extension Act of 2011’, yet was later cancelled in 2015.
    - EXAMPLE. In 2016, Congress passed legislation to spend $475 million on a new navy ship that the defence secretary and navy lobbied against (Pentagon report highlighted its vulnerability), the project was supported by Representative Byrne (Alabama) and Ribble (Wisconsin) who represented districts with major shipbuilding companies.
  4. Financial advantage
    - The average cost of winning a Senate seat was $10.4 million (+25% from 2014), winning a seat in the House of Representatives was over $1 million.
    - This level of funding is far less if the candidate is a known quantity.
    - Incumbents can attract more money than challengers as they lack funding and are subject to well-funded negative adverts.
    - EXAMPLE. In 2016, Incumbent Senators raised an average of $12.7 million compared to just $1.6 million from challengers (vicious cycle).
14
Q

What factors affect voting behaviour within Congress?

A

VOTING BEHAVIOUR

  1. Constituency Representation/Public Opinion
    a) Representatives are elected to represent congressional districts whilst Senators are elected to represent entire states.
    b) Protect cultural, economic or social interests of their respected area.
    - EXAMPLE. Brady Amendments to the ‘Tax Cuts and Jobs Act 2018’ meant that copyrighted songs were ‘capital assets’ and therefore subject to lower tax rates on request by Representative member Diane Black, who’s district included Nashville (famed for songwriting and country music).
    c) Important to be attentive to voters as primaries determine who represents their party on the ballot (not the party itself).
    - EXAMPLE. In 2014 Eric Cantor lost the Republican primary in Virginia despite being the House ‘Majority Leader’ and the fact that his competitor was a Tea Party member. However, criticised for not spending enough time in his district, not being conservative enough and not vocal enough in opposition to Obama.
    d) Local politics sometimes overshadow national politics
    - EXAMPLE. In 2009, several Democrats dropped their support for Obamacare after constituent concerns with the bill. Similarly, 10 moderate Republicans opposed the repealing of this act in March 2017 (areas that similarly voted for Hillary in 2016).
    - EXAMPLE. IN 2014, the Sheboygan Press (Wisconsin) criticised Congressman Tom Petri for spending only 1/3rd of his time in the state (including holidays). Paul Ryan (Chair of the House Budget spent 218 days in Wisconsin).
  2. Party Representation
    a) Most Congressmen are elected on a party basis (party-based primaries) or districts which ideologically agrees with the representative (such as the ‘Bible Belt’ in South US being predominantly socially conservative evangelical Protestantism). Party loyalty is therefore expected.
    b) Considerable growth in party-line voting and partisanship with a polarization of ideologies in America and the public.
    - EXAMPLE. Obama’s 2009 stimulus budget was voted against by all Republicans due to partisanship (extreme party loyalty) rather than the ideological belief that the market with self-stabilise. However, 11 southern Democrats also voted against this measure following local opinion.
    c) Lack of 3rd parties in Congress with only 2 independents in the Senate (but both vote with Democrats). The breadth of ideology (not owning one cohesive ideology) through factions within the two wings makes it difficult for a 3rd party to find an identity.
  3. Functional Representation
    a) Ensuring that socioeconomic groups are represented regardless of constituent state or district lines.
    b) Through time, Congress has grown in diversity to be more ‘representative of the US population’. Yet this diversity in Women, African American and Hispanics is disproportional to the US population.
    - EXAMPLE. The 116th Congress 2019, 22% of the House of Representatives and Senate are racial or from ethnic minorities whereas Hispanics/African Americans account for around 30% of the population.
    - EXAMPLE. House of Representatives, New York, Alexandria Ocasio-Cortez (Hispanic) was the youngest woman to serve in the United States Congress at aged 29.
    - EXAMPLE. Mia Love (2015-2019) was the first black Republican Congresswoman.
    - EXAMPLE. Rashida Tlaib and Ilhan Omar (first Somali-American) are the first two Muslim women elected to Congress in US history in 2018.
    - EXAMPLE. Sharice Davids is the first Native American woman elected to Congress in 2018.
    - EXAMPLE. Ayanna Pressley has become Massachusetts’ 1st black congresswoman.
    c) Congressional districts have been gerrymandered to create ‘majority-minority’ districts to favour minorities by making them the majority of the population.
    - EXAMPLE. In 2015, there were 122 majority-minority districts in the House. North Carolina’s District 12 is one of the most gerrymandered districts of African American - yet in 2016 and 2018 the federal courts ruled that such districts were unlawful so they were redrawn.
  4. Congressional Caucuses
    a) Caucuses are groups of individuals who represent the interest of those citizens who share a common policy goal (people, industry, ideology…).
    - EXAMPLE. The Congressional Women’s Caucus works across party lines to support legislation that advances the rights of women (policy issue more important that party ideology).
    - EXAMPLE. The Congressional Steel Caucus (under 100 members) fights for the health of the domestic steel industry. Trump’s introduction of a 25% tariff on foreign steel imports was backed by the Steel Caucus Chair Representative Bost.
    - EXAMPLE. The Blue Dog Democrat caucus is based on Conservative ideology (more centralist/right-wing).
  5. Pressure Groups and Lobbyists
    a) Lobbyists have a huge influence in Washington DC behind votes in Congress through means such as donations.
    b) Huge business with 10,000 ‘professional lobbyists’ in 2018 having spending increased to over $3 billion annually, many Congressmen join these businesses once they have left Capitol hill.
    - EXAMPLE. Pharmaceutical Companies have donated over $2.5 billion to Congress in the last 10 years, with 90% of the House and 97% of the Senate members receiving pharmaceutical campaign contributions in return for flexible legislation (laws were prevented which would harm the industry, such as the preventing the mass prescribing of opioids dropped). (Such as Ian Read, CEO of Pfizer, and his relationship with Trump in 2017).
    - EXAMPLE. After the 2012 Newtown shootings, Obama was unsuccessful in passing legislation for gun control, despite clear majority public support as pressure from the NRA (National Rifle Association) gained media coverage.
15
Q

What is the difference between descriptive and functional representation?

A

DESCRIPTIVE REPRESENTATION
- The political belief that those elected should not only represent those in their constituency but also those with whom they share descriptive characteristics with (age, gender, ethnicity, religion…).

FUNCTIONAL REPRESENTATION
- A political belief that those elected should represent economic or social groups within the wider community, Through the influence of lobbyists or pressure groups which represent the vire of underrepresented groups in legislature.

16
Q

What the different types of Caucuses?

A

CONGRESSIONAL CAUCUSES

  • A congressional caucus is a group consisting of members of Congress who share common interests or policy goals (e.g Women’s Caucus, the Steel Caucus, the Freethought Caucus, The Black Caucus for African-Americans…).
  • They do not always vote together but may do on policy issues that concern them.

CAUCUSES IN ELECTIONS

  • Part of the ‘primaries and caucuses’ element of the election process.
  • Town-hall-style meetings at which those in attendance can vote on whom they would like to be on the ballot for a party in the general election.
17
Q

What does the legislation process entail?

A

LEGISLATION PROCESS

  • A bill turning into law can begin in either chamber (except appropriations bills which must begin in the House of Representatives).
  • Few bills pass due to the short electoral cycles of 2 years (around 1/4 bills make it pass the Committee stage).
  • In the 115th Congress (2017-2019), only 2% of bills successfully passed as laws, whilst only 7% get voted on.
  1. Introduction (The First Reading)
    a) Purely formality by being received by the leading member of that house and then placed into committee (no vote, no debate).
    - The Speaker can choose to a time limit a bill or not and how many committees the bill will go to (sequential to one another).
    - The speaker can break up the bill and send sections of it to different committees (SPLIT REFERRAL).
    b) In the Senate, the bill will go to the committee which has authority over the relevant policy area as the principle of ‘UNANIMOUS CONSENT’ gives power to each individual senator such that procedures in the Senate can be set aside if no senator objects. To place a bill into more than one committee in the Senate, unanimous consent is required, limiting the power of Senate leadership.
    - Meanwhile, in the House of Representatives, the speaker dominates the agenda.
    c) Congress may be more active in setting an agenda if the president’s party has recently lost control following mid-terms or bipartisanship.
  2. Committee Consideration
    a) Committees extensively review the bill, calling witnesses to produce feedback, splitting into ‘sub-committees’ to analyse it even further.
    b) Bills that are acted on and subject to committee hearings are then amended by the committee. The amendments made to a bill are known as ‘mark-ups’.
    c) The final amended bill must pass a vote of the whole committee. On passing a vote, it is ‘reported out’ meaning the amended bill is sent back to the relevant house, to allow for consideration and debate by the whole house.
    d) Bills that do not make it out of the committee stage are considered to be ‘pigeon-holed’ (effectively ‘dying’ in committee) with no further action taking place on the bill. When the Congressional session ends, these bills simply ‘die’.
  3. Scheduling
    a) The House Rules Committee will decide on the timetabling of the bill.
    - The committee is dominated by the majority party in a 2:1 ratio, so the majority party controls the passage of legislation (will only submit if they’re confident it will pass).
    - The Committee decides when the bill should be debated and the rules of the debate (‘open’ so amendments can be made to the bill, or ‘closed’ so no amendments can be made)
    - In the Senate, a ‘motion to proceed’ is voted on and if this received a simple majority, then the bill is placed on the Calendar.
    - EXAMPLE. Mid 2017, the House Rules Committee appointed by Speaker Paul Ryan allocated a closed rule debate for the 49th time, which was the most uses in one session, but also meant that no legislation had been considered under the open rule up to the point of the Congressional session.
  4. Floor Action
    a) In the House of Representatives, debates are time-limited (set by the House Rules Committee) and dominated by the bill’s sponsor and leading opponent.
    - Once this time has elapsed, a vote is taken of all the members who are present, the bill continues its passage only if it passes this vote.
    b) In the Senate, there is the right of ‘unlimited debate’ so members may ‘FILIBUSTER’ to delay the bill, yet this can be ended with a ‘CLOTURE MOTION’.
  5. Resolving Differences
    a) Before being sent to the president, both chambers must pass an agreed version. The formal way to do this is by setting up a ‘Conference Committee’ (set up to create one bill from the versions created by each chamber).
    - The final version of the bill from this committee must go back to each house for approval.
    b) There has been a fall in the number of these committees in more recent years due to the increase in the use of 2 more informal methods of reconciling bills:
    - 1. ‘Ping-Pong’ as a bill passes through both houses amendments will be liaised over by the house leadership of each chamber such that the final versions of the bill are identical.
    - 2. ‘Take it or leave it’ is blunter but also more infrequently used. One chamber will adjourn, meaning the other chamber is forced to accept the other version of the bill or drop it entirely.
  6. Presidential Action
    - The president has a number of options available once a bill is sent to them:
    a) Sign the bill - By signing a bill, it effectively becomes law and enforceable across the USA.
    - EXAMPLE. In December 2017 Trump signed the ‘Tax Cuts and Jobs Act’ after two months of motions which reduced taxes for businesses and individuals alongside removing the ‘individual mandate’ of Obamacare (minimum coverage of healthcare insurance.
    b) Leave it on his desk - Two possible outcomes. If he does not sign the bill and Congress is still in session, after 10 days the bill automatically becomes law. If the end of the Congressional session before these 10 days elapse, the bill ‘dies’ and known as a POCKET VETO.
    c) ‘Line item’ veto - By vetoing parts of the bill, approve the rest and send it back with these recommendations (e.g budget appropriations bills)
    d) Veto/block the bill - The president can veto the bill and send it back to Congress with his objections, Congress can choose to attempt to override the veto, amend the bill and send it back or allow it to ‘die’.
18
Q

What is filibustering and what reform has there been to prevent it?

A

FILIBUSTER

  1. A prolonged speech given on the floor of the Senate aimed at delaying and preventing further action being taken on legislation (a vote on the bill is prevented).
    - EXAMPLE. The longest filibuster in Senate history was in 1957 by Strom Thurmond (Dixiecrat) who spoke for 24 hours and 18 minutes in opposition to the Civil Rights Act.
    - EXAMPLE. September 2013, Ted Cruz spoke for over 21 hours including reading the Dr Seuss book ‘Green Eggs and Ham’ in the time he had to “remain on his feet and in the Senate Chamber to continue to control the floor”.
    - EXAMPLE. Chris Murphy (Democrat Senator for Connecticut; where 26 children were killed at Sandy Hook Elementary School, Newtown Dec 2012) began to filibuster for 15 hours stating that he would only end if the Senate agreed to vote on gun control measures (expand background checks and ban sales of guns and explosives to people listed on the Government watch-list of suspected terrorists). The amendments both failed by 47-53 and 44-56.

CLOTURE

  1. ‘Cloture Motion’ can be used to end filibusters. This procedure must be signed by 16 senators and then requires the agreements of 60 senators to invoke it, except for in the case of presidential appointments which requires 50 and filibustering has been prevented on judicial appointments as a ‘nuclear option’.
    a) 1917 - First cloture rule was adopted, requiring 2/3rd vote to stop a filibuster out of the Senators present.
    b) 1949 - Cloture rule was amended to require a 2/3rd vote of the whole Senate membership.
    c) 1959 - Cloture rule reverted to requiring to 2/3rd of those ‘present and voting’ rather than the whole membership.
    d) 1975 - Number of Senators needed to pass a cloture motion was reduced to 3/5th (60 members of the whole house).
    e) 2013 - The use of filibustering during the ratification of nominees by the president was prevented except for on Supreme Court nominees.
    f) 2017 - The use of filibusters was also prevented on Supreme Court nominees.
    - EXAMPLE. Partisanship politics has seen a rise in cloture motions since the 100th Congress.
19
Q

What is Partisanship?

A

PARTISANSHIP

  • A political circumstance in which a high degree of party loyalty can be seen in Congressional votes, with members of Congress almost entirely voting with their own party.
  • Can cause GRIDLOCK when the President and Congress are equally powerful and constantly preventing one another from acting which complicates legislation.
20
Q

What are some examples of Obama’s vetos in his last term?

A

OBAMA VETOS

  • EXAMPLE. Feb 2015 ‘Keystone XL Pipeline Approval Act’ with an oil pipe running from Alberta, Canada to Texas (override failed in Senate with 62-36 and 66 needed).
  • EXAMPLE. Oct 2015 ‘National Defence Authorisation Act of Fiscal Year 2016’ (yet it was amended and later signed in Nov 2015).
  • EXAMPLE. Jan 2016 ‘Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015’ which repealed sections of Obamacare such as advanced premium tax credits and funding for planned parenthood. Override failed in the House (241-186 with 285 needed).
  • EXAMPLE. Sep 2016 JASTA (Justice Against Sponsors of Terrorism Act) was vetoed yet the Veto was overridden by Congress (first and only time in the Obama administration).
21
Q

What are the differences between the legislative processes in each chamber of Congress?

A

SENATE

  • Amendments can be offered on any topic of a bill (EXAMPLE. The 2014 Spending Bill of $1 trillion included an amendment to keep the sage-grouse off the endangered species list).
  • ‘UNANIMOUS CONSENT’ (procedures in the Senate may be set aside provided no one objects. If a single senator objects, the request is rejected), makes party control more difficult and allows for individual influence through procedures such as filibustering not purely on party lines.
  • Unanimous Consent agreements are often negotiated ahead of the debate.
  • The senate adheres to the principle of ‘Unlimited Debate

HOUSE OF REPRESENTATIVES

  • Amendments offered to a bill must be relevant to the topic of the bill, known as the ‘GERMANENESS RULE’.
  • The process is predominantly controlled by the ‘majority party’ with the Speaker of the House choosing the Committee in which a bill is referred to and choose the majority members of the House Rules Committee, who set the debate rules.
  • Time limits and restrictions are placed on the process.
  • EXAMPLE. 2016 Sit-in the House after failure to pass Gun Control following the Orlando nightclub shootings led by Representative John Lewis [D-GA] with ‘no bill, no break’ in an attempt to gain reform from speaker Paul Ryan [R-WI]/ They were unable to do so.
22
Q

What are the strengths and weaknesses of the Legislative Process?

A

STRENGTHS

  1. The lengthy process ensures thoroughness and scrutiny of legislation through the checks and balances. Guaranteeing the quality, popularity and workability of laws that are passed.
  2. The Equity of both houses in the process ensures that the needs of both constituents and states are heard with COMPROMISE being integral to the process. Creates a pluralist democracy in which power is shared.
    - Successful legislation will be as a result of huge concessions and additions to a bill.
    - It does not travel in a linear manner and is built on compromise and reconciliation.
    - EXAMPLE. Bipartisanship relationship between Joe Biden [D] and John McCain [R] despite ideological differences.
  3. The requirement of supermajorities for the veto override or a cloture motion helps to prevent the tyranny of one party.
  4. The challenging nature of the process ensures that only law which is necessary passes, allowing states to retain legislative powers over other areas, as well senators inserting amendments or filibustering on the basis of their equal state power and interests.
  5. The length of the process should prevent knee-jerk legislation from passing.

WEAKNESSES

  1. The process is so challenging and the congressional session is so short that the chance of passing legislation is limited.
    - Huge obstacles to success as legislation have to individually pass through several congressional committees, with all bills requiring spending have to pass through an ‘Appropriations Committee’ which determines whether there is sufficient funding.
    - Excessive compromise means that legislation is not robust (watered down) and fails to address the original needs; producing poor quality legislation.
  2. Power is placed in the hands of a few, especially the speaker of the House, Senate majority leader and Committee chairs initiating policy, the chamber is more resistive in times of divided gov.
  3. The need for supermajorities and the ability of one senator to hold up a bill allowing for the tyranny of the minority.
  4. In times of united government, scrutiny is reduced through party dominance; in times of divided government (2010-2014), partisanship can cause gridlock and a total lack of legislation.
    - Many parties are weak due to factions and conflicting interests of ‘folks back home’ over the national agenda.
  5. Even after considerable scrutiny and compromise by Congress, the President alone can prevent a bill from becoming a law and his veto is unlikely to be overturned.
    - This means that the executive can, therefore, dominate the political agenda.
  6. Despite a promise to stop the addition of amendments to bills that funnel money to individual states, ‘pork-barrel politics’ has not been eliminated.
23
Q

How is Congress significant or insignificant in policymaking?

A

SIGNIFICANT

  1. Congress can pass laws on a wide range of policy issues. With the passage of landmark legislation such as the No Child Left Behind Act and Obamacare. Congress is deepening its role in policy which had often be reserved to states.
  2. In times of unified government, significant legislative achievements can be made.
    - EXAMPLE. Passage of Trump-supported Tax Cuts and Jobs Act, even when the Republican Party was not wholly united behind Trump demonstrates their power.
  3. ‘The Supremacy Clause’ of the Constitution ensures that congressional law is superior to state law. States are therefore bound to follow legislation that they may not approve of.

INSIGNIFICANT

  1. Congress is dependent on states to enforce laws and often finds its laws being ignored. Marijuana remains federally illegal, yet an increasing number of states have passed legislation ‘legalising’ it.
  2. The difficulty of creating and passing legislation means that Congress does not pass huge amounts of legislation. Congress. There was a failure in 2013 to pass meaningful immigration reform despite bipartisanship efforts in the Senate and support from Obama.
    - Partisanship has decreased the will of parties to compromise.
  3. Laws passed in Congress can be overturned by both the president (veto) and the Supreme Court (judicial review).
    - EXAMPLE. Shelby County v Holder 2013 overturned key sections of the Voting Rights Act.
    - EXAMPLE. Obama veto of the ‘Affordable Care Act Repeal 2016.
24
Q

What were some of the key legislation that passed and failed from the 111th to the 114th Congress (2009-2017)?

A

PASSED

  1. American Recovery and Reinvestment Act 2009
    - Gave the economy a $787 billion injection to protect jobs and to stimulate the economy.
    - Covered infrastructure, aid to low-paid workers, education and tax breaks.
    - Effectiveness strongly disputed; Congress vote split almost entirely on party lines.
  2. Patient Protection and Affordable Care Act 2010
    - Requires almost all Americans to have health insurance, with provisions for those on low/no income.
    - Require insurance companies to ensure those with pre-existing conditions.
    - Support in Congress based on party affiliation.
  3. The Freedom Act 2015
    - Created after Edward Snowden revealed how the Patriot Act was being used to monitor US citizens.
    - Reauthorisd many provisions of the controversial Patriot Act (2001) until 2019, including government power to collect bulk communications of data via surveillance (gathering data but not contents of calls/emails).
    - Continued the suspension of ‘probable cause’ to suspect that someone is involved in terrorism before a search takes place.
    - Led to a major dispute between House and Senate in which Mitch McConnell held out for full re-authorisation of the Patriot Act.

FAILED

  1. DREAM Act
    - Advocated by Obama in 2008 and 2012 election campaigns.
    - Aimed at allowing all illegal immigrants who arrive in the US before 18th birthday to have a right to remain.
    - Filibuster in Seate, with Obama only using a temporary executive order to achieve some of his policy goals.
  2. Gun Regulation
    - Proposed in various forms by the president and Congress.
    - Legislation developed by Vice President Biden after Sandy Hook Newtown shootings were defeated in the Senate. This would’ve banned some assault rifles, limited the size of magazines and increased the use of background checks.
  3. Budget Shutdown 2013
    - Legislative gridlock due to a lack of agreement on Continuing Appropriations Resolution (to settle key budget policies).
    - The disagreement centred on spending levels, budget deficit and the Affordable Care Act which the House insisted on defunding.
    - Lasted 16 days at a cost of $24 billion. Over a million federal employees worked without knowing their pay dates, many others told not to go to work.
    - The inability of President and Congress to agree of annual budget plagued Obama’s presidency.
25
Q

What is oversight?

A

OVERSIGHT

- The ability of one branch of government to supervise and check the action of another branch.

26
Q

What factors influence the relationship between Congress and the President?

A

FACTORS THAT INFLUENCE LEGISLATIVE-EXECUTIVE RELATIONSHIP

  1. Party Control
    a) When a gov. is united, the oversight exerted by Congress on the President may appear more relaxed.
    b) While the president cannot control the legislation, it is normal for the veto to be used in these times of unified gov.
    c) Suggestive that Congress is more responsive to the President, with shared ideology on both branches produces agreeable legislation.
  2. Policy Area
    a) Congress has more oversight of presidential action domestically rather than in foreign affairs.
    - EXAMPLE. Senate protested against the 2015 Iran Nuclear Deal, yet Obama was able to enact it with minimal oversight.
    b) On domestic issues such as immigration and gun control, Obama was thwarted by Congress, with limited progress.
  3. Presidential Poll Ratings
    a) Congress is able to exert more influence over the president when his polls are low.
    - EXAMPLE. Obama was able to pass Obamacare in 2010 with few altercations (popularity of 50%), whilst Trump was unable to repeal and replace it in 2017 (popularity of 40% and less).
    - EXAMPLE. Trump had the lowest poll ratings after 100 days (39% approval) and after 1 year (45% approval). Lack of popularity made it easier for Congress to defy Trump.
  4. Partisanship
    a) Growth of partisanship has made a compromise in Congress more difficult.
    - This can strain any relationship with the President, with moderates in parties becoming rare.
  5. Election Cycle (most recent mandate)
    a) The timing of elections is crucial to this relationship, as when Congress is gearing up for a midterm election, members are more likely to be interested in pleasing constituents over the president.
    - Especially true if the President is unpopular, to keep a distance from or even opposition from the President.
  6. National Events
    a) In cases of national emergencies, Congress often acts with deference (the act of submitting or handing overpower), often acts with deference towards the President to exercise considerable power in times of crisis.
    - EXAMPLE. USA Patriot Act followed 9/11, or funding following a natural disaster (Katrina)
    - This change in relationship is often short-term.
27
Q

What powers of oversight does Congress have over the executive branch?

A

CONGRESSIONAL OVERSIGHT OF THE EXECUTIVE

  1. Vote of presidential proposals
    a) Vote against laws initiated or supported by the president.
    - EXAMPLE. March 2017 Trump was unable to pass the American Health care act despite unified gov. in both chambers.
    b) Amend laws initiated or supported by the president.
    - Obama restricted by amendments to budget policies (forced to accept).
    - EXAMPLE. Congress passed the amendments to National Defence Authorisation Acts, limiting Obama’s power (had to give 30 days notice to relevant Congressional Committees before moving anyone from Guantanomo).
    - EXAMPLE. Gave him powers he did not want; Obama said he would never use the power to order the killing by drone strike of US citizens within the US territory suspected of terrorism.
    c) Determine funding for presidential projects.
    - Failing to allocate funding, Congress can cancel a policy from being put into practice.
    - House has the power of the purse.
    - EXAMPLE. 1995 Congress withdrew funding for US military involvement in Bosnia, forcing Clinton to withdraw troops. Trump’s border wall.
    d) Proposing legislation.
    - Actively developing their own congressional agenda will contrast or strongly conflict with the goals of the president.
  2. Overturn a Presidential Veto
    a) By 2/3rd vote, Congress can stop the President from overriding its legislative goals.
    - EXAMPLE. Obama issued his 12th veto for JASTA 2016, which was overturned by 97-1 in the Senate.
  3. Declare War
    a) This power is given to congress, with most presidents requesting permission for military action, such as Bush in 2003.
  4. Senate ratifications
    a) Appointments
    - Critical to Presidents agenda in achieving their policy goals to appoint a cabinet and judicial positions.
    - EXAMPLE. Failure of the Senate to vote on Obama’s nomination of Merrick Garland to the SC in 2016, allowed Trump to nominate Justice Gorsuch and influence the ideological balance.
    - EXAMPLE. Andrew Puzder was Trump’s candidate for Secretary of Labor, but in Feb 2017, he withdrew due to lack of votes needed for his confirmation.
    b) Treaties
    - President is not free to enter agreements with countries without 2/3rd approval by the Senate.
    - EXAMPLE. 2014 Senate blocked a UN disability treaty that Obama pushed for.
  5. Impeachment and removal of members of the executive branch
    a) Impeachment has been relatively unsuccessful and ineffective in America, by being only used 3 times with all being found ‘not guilty’.
    - Yet Nixon resigned in 1974 following the Watergate scandal, could this mean that its threat is effective, pre-empting ‘guilty’ verdict.
    - This threat prevents abuse of office as it has only been used 3 times, out of 45 presidents.
28
Q

What is the importance of Committee oversight?

A

CONGRESSIONAL COMMITTEES

  1. Most committees are policy-based and conduct oversight based on their policy expertise, investigating a department and holding hearings for executive members.
  2. The House Committee on Oversight and Reform has the role of scrutinising the executive. In the years before 2016, Committee Chair Jason Chaffetz used the Committee to investigate Hillary Clinton’s use of private email account for her work as secretary of state.
  3. Congress can create temporary (ad hoc) committees to provide oversight if an event of concern arises. Congress created the House Select Committee on Benghazi in 2014 after the US ambassador to Libya was killed there.
  4. The present Congress is dominated by Republicans and has therefore been criticised for a lack of oversight on Trump.
29
Q

What is the imperial presidency and what attempts have Congress made to re-assert power?

A

IMPERIAL PRESIDENCY (CHIEF LEGISLATURE)

  • Dominant president with ineffective checks and balances from the other branches.
  • Since the Japanese attack on Pearl Harbour 1941, Presidents have broken free from Congressional ties in the area of foreign policy (Korean War, Bay of Pigs, Gulf of Tonkin, Bombing of Cambodia).
  • The War Powers Act 1941 and the Authorization for Use of Military Force (AUMF) 2001 both justify presidential action.
  • Executive orders direct the executive branch to carry out policy without passing legislation through Congress.

CONGRESS REASSERTING POWER

  • EXAMPLE. Case-Zablocki Act 1972, ensure that Congress would be informed about the international commitments made by executive agreements.
  • EXAMPLE. War Powers Resolution Act 1973, checks the U.S. president’s power to commit the United States to an armed conflict without the consent of the U.S. Congress. Ford and Carter were both restricted by this act.
30
Q

What powers of oversight does Congress have over the judicial branch?

A

CONGRESSIONAL OVERSIGHT OF THE JUDICIARY

  1. Ability to reverse or amend a Court ruling (via an amendment in the Constitution).
    a) When Congress and states lowered the voting age to 18 in the 26th amendment of 1971, it overturned Oregon v Mitchell 1970 which allowed states to retain the age of 21 for state elections.
    - Yet it is limited by the difficulty of amending the Constitution.
  2. Senate’s role of ratifying presidential nominations.
    a) Senate is limited to conducting hearings and then voting on a nominee, there is no threat of removal from the Senate once that has been decided.
  3. Impeachment of individual justices.
    a) The last attempt was 1804 when justice Samuel Chase was impeached by the house but acquitted by the Senate.
  4. Determine the total number of justices on the Court
    a) Constitutions provides this authority.
    b) The number has been settled at 9 since the civil war, yet it could increase to allow the president to appoint new members to the Court and establish a majority (not threatened since Roosevelt).
31
Q

To what extent is Congress effective in carrying out its 3 main functions?

A

FUNCTIONS OF CONGRESS

EFFECTIVE

  1. Legislation
    - Major legislation has been passed.
    - The low pass rate suggests only necessary legislation gets through.
    - The lengthy process ensures scrutiny of the bills.
    - A staggered electoral cycle and resulting divided government ensure compromise in legislation.
    - Required supermajorities (cloture motion) ensure broad consensus.
  2. Representation
    - Separate elections for the president and Congress maximises voter choice and allows the electorate to elect a member of Congress according to their interest on a local level (Senator Susan Collins [R-Maine] is moderate, with her constituency often voting for a Democrat president).
    - Two elected chambers with complimentary representation. The House is more short-term populist goals (2-year terms) whereas the Senate is more long-term goals (6-year terms) and therefore are more resistant to short successes (Flag Protection Amendment passed the House but failed in the Senate).
    - Frequent elections make it a highly representative of a dynamic America as well as making the House highly sensitive to public opinion and accountability.
    - The representation of women and minority groups have improved in recent decades.
    - Caucuses allow underrepresented groups to act together, thereby increasing influence.
    - Parties are well represented in an increasingly partisan environment, reflected the population.
  3. Oversight
    - Congress has demonstrated a willingness to use the veto override, to great effect.
    - During times of divided gov. the president is likely to face extensive scrutiny from Congress.
    - Committees have overseen investigations (Benghazi) which have far-reaching impacts.
    - Congress has demonstrated its independence from presidentially-demanded legislation.
    - Congress has been willing to challenge the president in the Supreme Court.
    - Congress has been able to develop and evolve its own powers, financial control of the President’s commander in chief role.
    - Impeachment has 3 times been used to its fullest extent.

INEFFECTIVE

  1. Legislation
    - The process is so lengthy that thousands of bills fail to pass in each congressional session.
    - The process can be dominated by a few key individuals in either house.
    - In times of unified gov. bills can be rushed through.
    - In times of divided gov. gridlock can prevent important legislation passing due to gov. shutdowns.
  2. Representation
    - FPTP and Gerrymandering undermine representation (3rd parties rarely win above 3%).
    - The importance of money in electoral campaigns can allow lobbyists to influence members of Congress more than their constituents or state.
    - Increasingly partisan voting patterns lead to a good representation of the majority at the expense of representation of the minority.
    - Representation of minority groups and women remain far below their proportion of the national population.
  3. Oversight
    - Oversight can sometimes appear party political rather than in the interest of good policy, increasingly true in the case of party-line votes on appointments.
    - The chances of the veto being overridden need supermajority.
    - The power to declare war seems largely to have been usurped by the president.
    - Presidents have found ways around the Constitutional powers of Congress through executive orders to create pseudo-legislation and pseudo-treaties.
    - In times of crisis or unified gov. Congress is more likely to act with deference to the president.
    - Impeachment has proven difficult to enact effectively.
32
Q

What is the difference between delegates and trustees?

A

DELEGATES
- Elected by the people and must listen to and respond to their wishes (House).

TRUSTEES
- Elected by the people and accountable to them at the next election. Using their own expertise to make judgements about the best interests of the people (Senate).

33
Q

To what extent does partisanship exist?

A

PARTISANSHIP

  • Before the 1980s there was progressive bipartisanship, yet the Culture Wars (civil rights, abortion, same-sex marriage) and the polarization of American Politics has seen tribal parties.
  • There is no ‘real’ effective whip system.
  • 92% unity for Democrats, 90% unity for Republicans.
  • Social media echo chambers (algorithms) have perhaps worsened polarisation.
  • Has produced divided gov. and quite often gridlock.
  • EXAMPLE. 2016 Democrats and Republicans were unable to agree on federal funding to tackle the Zika Virus in the US (Florida). Obama wanted $1.9 billion, Republican-led Congress wanted $1.1 billion, with Senate Democrats stopping the deal as being insufficient to deal with the crisis. No deal was met. “Drop Politics and put Public Health first”.
  • EXAMPLE. Yet in 2012, a ‘Gang of 8’ senators from both parties worked together to pass immigration reform.
34
Q

What is the difference between a divided and unified government?

A

DIVIDED GOV.
- When the House, Senate and Presidency are not all controlled by 1 party.

UNIFIED GOV.
- When both Houses of Congress and the presidency are controlled by people from the same political party.