Congress

Question 1

Congress

Answer 1

The overall name for both houses house of representatives and the senate

Question 2

Bicameral structure

Answer 2

Congress is made up of two chambers HOR and the senate

Question 3

The House of Representatives

Answer 3

• Directly elected with each state appointing a number of representatives in line with its population
• Should represent popular sovereignity (principle that all govt authority is derived from the consent of the people being governed who are the source of political power

Question 4

The Senate

Answer 4

• Senate is appointed by state legislatures with each state getting 2 senators
• Senate acts as a safeguard against popular sovereignity and ensure every state had a voice in the new federal govt regardless of the states size

Question 5

When was the senate made an elected chamber? Why?

Answer 5

17th amendment in 1913 (two senators serving each state for 6 years) because of growing concerns over power of industrial monopolies controlling state legislatures

Question 6

Powers of the HOR

Answer 6

Begin all appropriations bills

Question 7

Power of senate

Answer 7

Right to ratify treatises and appointments

Question 8

Concurrent powers?

Answer 8

Are the most important powers, given to congress by the constituion
The power to make legislation is equally excercised and they have equal salaries

Question 9

The membership of the chambers?

Answer 9

HOR - 65 Senate - 26 (first congress)
Today: 435 HOR, 100 senators

Question 10

What is the apportionment act 1911

Answer 10

sets number of members in HOR at 435
Today each member represenets around 765,000 americans

Question 11

Membership of the HOR

Answer 11

• Number representatives - proportional to population (Cali largest 40m pop and 53 members whereas Alaska, Montana 1 member)
• Each state divided into congressional districts (numbers drawn by state government and redrawn every 10 years)
• Serve 2 year terms before whole house is up for re-election no limit on number of years served if they are re elecetd every 2 years
• Leadership - speaker, majority and minority leaders, majority and minority whips

Question 12

What is an example of member serving in HOR for long time?

Answer 12

John Ringell served 59 years before retiring in 2015

Question 13

Membership of the first congress compared to today?

Answer 13

First congress = 26 senators, 65 members
Now= 100 senators, 435 members (set number under apportionment act 1911)

Question 14

Popular sovereignity

Answer 14

The principle that all govt authority is derived from the consent of the people being governed who are the source of political power

Question 16

Membership of the senate?

Answer 16

• 100 members - every state has 2 senators to represent them, every state is equal in the senate
• Every senator represents the whole state
• Serve 6 year terms and every 2 years 1/3 of the senators are up for re-election
• Senate unlikley to change much between election cycles
• Power of unlimited debate - can filibuster a bill and ‘talk the bill to death’

Question 17

Example of longest filibusters?

Answer 17

Senator Storm Thurmond in 1957 - filibustered a civil rights bill for 24h 18m
Senator Rand Paul - filibustered appointment of John Brennon as cia director for 12h 52m

Question 18

Congressional election

Answer 18

• Occurs every 2 years
• Each newly elected congress is numbered (1st congress 1789-1791 - 118th congress 2023-2025)
• All federal govt elections use FPTP (Two party system in the USA)
• If its the same year as presidential election it has no name
• If its in the middle of presidents term its a Mid-term election

Question 19

Mid-term election

Answer 19

• Often seen as a referendum on the presidents performance, the president can lose one or both houses at this point if the president has struggled to achieve everything they promised in the 2 years
• If govt becomes divided its difficult to pass legislative agenda and congress has a more recent mandate and are more willing to challenge the president

Question 20

Example of congress having power at mid-term elections?

Answer 20

• 2016 republican senate refused to allow conformation hearings for obamas sc nominee as the senate leader Mich Mcnonell claimed they had stronger mandate than “lame duck president”

Question 21

Incumbent

Answer 21

The person who currently holds a political office, usually referring to the president or a senator/member of HOR

Question 22

Advantages of incuments?

Answer 22

• Holds signifcant advantages over competitors
• Incumbents have more name recognition - use their money more effectivley can raise more money and spend less for people to vote for them
• Provided with a website on which they can explain policy beliefs, demonstrate policy succesess and influence and an easy way for constituents to contact them
• Franking privelleges - cost of mailing to constituents provided by congress
• The boundaries of congressional districts - fast re-election rate of incumbents
• The congressional districts explain high re-election rate of incumbents
• Constituency boundaries every 10 years after each census

Question 23

Census

Answer 23

Every 10 years population of US is counted to ensure each state has correct number of HOR members

Question 24

What is gerrymandering?

Answer 24

• A states governing party draws the boundaries of each constituency to give it an electoral advantage
• This produces VERY FEW swing seats which gives the incumbent an electoral advantage and are more likley to retain seat
• This has led to not geographically contigous districts which undermines the democratic process

Question 25

Example of gerrymandering?

Answer 25

2020 - delayed census gerrymandering became controverisal that by March 2022 58 legal cases had been filed in 21 states to challenge proposed maps

Question 26

Exclusive powers

Answer 26

Reserved to the senate/HOR

Question 27

Which chamber is more powerful?

Answer 27

The senate - as it has fewer elections, more representation, ratification powers) HOR is less powerful but more signifcant (holds power of purse, bring impeachments, and remove president)

Question 28

Implied powers

Answer 28

From the necessary and proper clause which allows congress to make any laws that enable it to carry out its enumerated powers, allows congress to regulate foreign and interstate trade and they set up the national bank in 1791

Question 29

What are the concurrent powers?

Answer 29

* Create legislation (Most important) * Override president veto ( * Propose constituional amendments * Declare war * Confirm new vice presidents * Investigation

Question 30

Create legislation

Answer 30

* Create, amend, delay, pass legislation * Not unlimited can only use on areas laid out in constitution; states hold the power to legilsate over other areas * Congress can block,amend or reject legislation proposed by the president Example: Bidens Build Back Better Plan - covid-19 recovery plan (passed quickly) infrastructure and social security plan were held up in congress by democratic senators Manchin and Sinema and progressive democrats objecting

Question 31

Propose constitutional amendments

Answer 31

* With a 2/3 majority * Last passed in 1992 but many have been put forward Example: Representative Cohen proposed limiting presidency power of the pardon

Question 32

Declare war

Answer 32

* With agreements of both houses can formally declare war with another nation * Last used declare war on romania in 1932 second world war inn 1942 attack on pearl harbour * Today congress tries to use this power to m and tax to control presidents desire to deploy military action

Question 33

Confirm new vice president

Answer 33

* 25th amendment allows for a simple majority in both houses to confirm new vice president * Most common when vice president dies/retires e.g. Assanation of John F kennedy in 1963

Question 34

Investigation

Answer 34

* Implied power to launch investigations into areas on which it has created legislation or may need to create legislation and into federal programme * Congress has power to subpoena witnesses have to attend hearing E.g. reviewing insurrection at congress on 16th amendment on jan 2021 ar repsonse to

Question 35

The exclusive powers of the HOR?

Answer 35

Power of purse Bring charges of impeachment Choose president if electoral college is deadlocked

Question 36

Power of the purse

Answer 36

* Begin approriations bills - gives the house considerable individual power and power over the presidency * Each year president submits annual budget for us govt to the house boudget committee to begin approval process * Senate can amend these so power is limited E.g. - 2018 trump budget requested budget for enviromental protection agency to be cut by 1/3 house republica desoite being of same party proposed cutting by just 6%

Question 37

Bring charges of impeachment

Answer 37

* Bring charges of impeachment against the president, their officials or justices of the federal courts * If guilty they will be removed from office * Not criminal trial if someone has broken law, criminal or civil proceedings may follow but impeachment simply remove person from office * Threat to any president in power * Trump is the only use president to be impeached twice (found not guilty)

Question 38

Choose president if electoral college is deadlocked

Answer 38

* Presidents need to gain a simple majority in order to win an election in the electoral college - with 535 votes in electoral college candiate needs 270 to win * If no one wins 270 vores HOR chooses who becomes president, each state is given a single vote regardless of its size

Question 39

The exclusive powers of the senate

Answer 39

Ratify treaties Confirm appointments Try cases for impeachment Choose vice president if electoral college is deadlocked

Question 40

Ratify treaties

Answer 40

* As check on presidents power over foreign policy, senate scrutinises proposed treaties and can approve or reject them byy 2/3 vore E.G. - 2012 senate voted to reject UN convention on the rights of the persons with dsibilities with number of representatives expressing concern over the extra govt regulation it would entail

Question 41

Confirm appointments

Answer 41

* Senate can confirm nominees put forward by president to federal courts, the cabinet and ambssadorail posts, among others * Usually entails hearings by a relevant commitee on the qualifications and suitability of a candiate before a vote of the whole senate

Question 42

Try cases for impeachment

Answer 42

* After HOR bring impeachment charges, a trial is held in senate HOR acts as a procescuting while person agsint who charges have been brought can mount a defence calling witnesses and putting forward arguments * 2/3 of senators are required to find person not/guilty * Not criminal trial allows person to keep position or be removed from it

Question 43

Choose vice president if elctoral college is deadlocked

Answer 43

* Senate chooses vice president when acts as a preseint of the senate * Only happeend twice in 1800 and 1824

Question 44

The legislative process

Answer 44

* Introduction : Bill is recived and placed into commitee, the choices will make it more/less likley to pass, Speaker of house time limit bill and choices commitee, Sequentially (more than one done, finish one before other) or Split referall break up bill into lots of committes which speeds up the process * Committee consideration: Very few make it out of the committee, become 'pigieon-holed' recieved by committee but no further action (90%) dont get a vote, bills die once congressional session ends, Bills acted on subject to committee hearing and amended mark ups, final amended bill must pass vote of whole committee, On passing vote sent back to houses to allow consideration by the house * Scheduling: HOR - timetabling decided by house of rules committee, dominated by maj party in 2:1 ratio and all maj members are appointed by speaker which allows mps to control passage of legislation, HORC decide rules under debate; opendebate - amendments can be made during debate, closed debate - no amendments, in Senate a motion to proceed is voted upon and simple maj will be placed on calendar, closed rule most often used * Floor action: HOR, debates are timelimited as determined by the HORC and dominated by the bills sponsor and leading opponents, once time elapsed vote is taken with all members present continues if passes this vote, Senate unlimited debate as long as someone wishes to debate a bill - on going, filibusters can be ended by closure motion (60 senators) * Resolving differences: before passed must be agreed by both houses, set up conference committee to create one bill from each vesion, ping-pong so final version is identical, Take it or leave it if no final version * Presidential action: sign bill, veto bill, leave it on desk

Question 45

Representation

Question 46

Strengths and Weaknesses

Question 47

Constituency representation

Question 48

Party representation

Question 49

Functional

Question 50

Descriptive

Question 51

Congressional caucauses

Question 52

Lobbyists

Question 53

Oversight

Answer 53

**Congressional oversight** refers to Congress’s authority to monitor and, if necessary, influence the activities of the executive branch. This oversight function is a critical aspect of the checks and balances system embedded within the US Constitution.

Question 55

Override presidents veto

Answer 55

* Once bill has passed congress requires president signature to become law * Use veti to prevent bill becoming law * Congress has the power to overturn this bill veto with 2/3 majority in both houses * Commonly used when congress controlled by different party to presidency