congress 2 Flashcards

(55 cards)

1
Q

Bicameral nature

A

2 houses
same as HOL and HOC

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2
Q

house members and election cycle

A
  • house 435 representatives- 1/district, 2 year terms, all seats contested at each general election
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3
Q

senate members and election cycle

A

senate- 100 senators, 2/state with v different population, 6 year term, 1/3 up for election every 2 years

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4
Q

leaders in the house

A

speaker of house (majority leader)- elected by the house, 2nd in line to President

house majority floor leader- 2nd in command, influences legislative calendar and oversees house committees

house minority FL- chief strategist, tries to win back control of house

house maj/min whips- elected by party caucuses, ensure members attend floor votes, warn leaders abt rebellions

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5
Q

leaders in the senate

A

VP- presiding officer of the Senate, cannot participate in debates, can only vote in order to break a tie

President Pro Tempore- senate-elected senior member to preside when the VP is absent, cannot break a tie

senate maj leader- their chief spokesperson and strategist - uses their right to speak first on the floor to manage the Senate’s agenda,
Unlike the House Speaker, they lack unilateral control and must negotiate unanimous consent agreements with opposition leaders to advance legislation

sen min leader- coordinate the party’s response to the majority’s agenda and lead negotiations with the Majority Leader on Senate business

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6
Q

congressional committees

A
  • standing committees (such as the House Agriculture Committee)- permanent, bill consideration
  • select committees- House Select Committee on the January 6th Attack, investigating the 2021 Capitol assault
  • conference committees such as bipartisan innovation act conference committees reconcile differences between H and S bills
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7
Q

CMOs

A

congressional member organisations

DEM
- Progressive Caucus
- New democrat Coalition- centrist
- Blue Dog Demos

GOP
- Tuesday Group- most centrist, pragmatic
- House Freedom Caucus- populist and libertarian- cuts to government
- Repub Study Committee- most conservative policies

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8
Q

enumerated vs implied powers

A

enum- in the constitution
implid- not

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9
Q

powers given to Congress in the Constitution (enumerated)

A
  • house and senate can block bills and will (unlike HoL) very partisan

Regulate foreign and interstate commerce
Declare war
Raise, support, and regulate army and navy
Establish laws of naturalization
Establish post offices and post roads
Create lower federal courts
Provide laws necessary and proper for carrying out all other listed powers

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10
Q

commerce clause examples and definition

A

Americans with Disabilities Act of 1990

Consumer Product Safety Improvement Act (CPSIA) (2008): Strengthened CPSC authority, especially for children’s products, mandating third-party testing and certification.

  • necessary and proper clause- elastic and allowed stretch of enumerated powers to cover more policy areas (product safety standards, regulate pollution, national education standards, stop employment discrimination)
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11
Q

the exclusive powers of house

A
  • Initiate revenue bills (taxes)- while the house might take the lead with a new revenue bill, it often undergoes significant changes in the Senate
  • Bring charges of impeachment- first step in a process that can ultimately remove the individual from office (Donald J. Trump President of the United States Impeached January 13, 2021, on the charge of incitement of insurrection)
  • Elect the president in a contingent election
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12
Q

the exclusive powers of senate

A
  • advise and consent on treaties- Article 2 Section 2 explains that while the president has the power to make treaties, they require the advice and consent of 2/3 of senators (US is one of the few countries not to have ratified the UN Convention on the rights of persons with disabilities- no supermajority in 2012 due to Reps)
  • get around by congressional executive agreement, simple majority in both houses, NAFTA
  • Advise and consent on presidential appointments (Article 2 section 2), 1000 of the 7000 positions filled by the president require the senate’s approval, head of NASA
  • Conduct impeachment trials
  • Elect the vice-president in a contingent election- deadlock to Electoral College
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13
Q

the concurrent powers of Congress (both houses have them)

A
  • make laws
  • president submits budget to congress to approve
  • Oversight
    • both houses are responsible for overseeing the departments that enforce the laws they make and spend the funds
    • both chambers have permanent standing committees
      both chamber standing committees conduct hearings and investigations to check that spending and laws are happening as congress intended
  • both houses must pass a super majority vote to overturn a presidential veto
  • approve amendments- proposed amendments must be approved by a 2/3 vote in both the House and Senate before it can be sent to the states for ratification
  • both the House and Senate must also jointly vote to declare war
  • Section 2 states that if the office of vice president should become vacant, the president should nominate a new vice president who can take office after a majority vote in both houses of Congress
  • both chambers have the power to set their own rules
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14
Q

functions of congress

A
  • represent
  • oversight
  • legislate
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15
Q

why do congresspeople vote how they do

interest groups and lobbying influential

A
  • 2018 mid-terms, pharma companies donated to 416/435 house representatives
  • Biden pushed for drug regulation in 2023, there has been insufficient support within the party to pass any meaningful legislation.
  • in the first quarter of 2022, for example, the NRA spent well over US$600,000 (nearly £500,000) on lobbying
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16
Q

why do congresspeople vote how they do

interest groups and lobbying not influential

A
  • 2002 Mccain Feingold act- 2000 dollar limit on hard money, FECA law was passed in 1971 and amended in 1972, forming the Federal Elections Commission to oversee election finance and limit corruption
  • many pressure groups are donating money to politicians who already support their views
  • NAACP and BLM have been unable to persuade any Republicans influencing (and Democrat Senators Manchin and Sinema, both elected in conservative leaning states) to support the For the People Act, which Democrats have been fighting for in 2023. The Act would give greater protection to voting rights, especially for racial minorities.
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17
Q

why do congresspeople vote how they do

caucuses influential

A
  • more radical of House Freedom Caucus members forced conservative Republican Kevin McCarthy from his position as House Speaker in 2023 because they did not see him as sufficiently conservative.

- The Congressional Black Caucus raises racial minority issues in the House
- leaders held White House meetings with Biden on several occasions in 2021 and 2022, particularly to discuss the nature of Biden’s infrastructure plan and also to shape voting rights legislation that passed the House as the For the People Act.

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18
Q

why do congresspeople vote how they do

caucuses not influential

A
  • not binding, often threaten but dont go ahead with voting against party
  • 2024- 10 members of Blue dog coalition, lowest OAT
  • all dems voted for Respect for Marriage Act 2022
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19
Q

why do congresspeople vote how they do
constituents influential

A
  • represent constituents through earmarks - provisions added to bills that allocate funds for specific local projects, or tax exemptions for businesses in particular districts/ states
  • The 2005 Transportation Bill included $223 million for a bridge connecting a small Alaskan town to an airport on a nearby island, which had a population of 50, in order to eliminate the need for a 15-minute, $6 ferry ride
  • In 2020- 9 Republicans won House seats even though the majority in those districts voted for Democrat President Joe Biden.
  • 6 districts voted Trump but returned a Democrat to the House.
  • congress was designed to be very responsive to constituency pressure
    • must be a certain age AND live in the state they wish to represent
    • elections in the house every 2 years
    • senators have been directly elected since 1914
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20
Q

why do congresspeople vote how they do
constituents not influential

A

six congressional districts in New York represented by a Republican.
Dem Chuck Schumer and Kirsten Gilliband in the senate

gerrymandering- 2025
SC approves Texas gerrymandering outside of census
voters in California voted for counterbalancing gerrymandering

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21
Q

why do congresspeople vote how they do
parties influential

A
  • longest ever 42 day 2025 federal shutdown- GOP budget did not pass on party lines- extension of expiring tax credits that make health insurance cheaper for millions of Americans, senate Dems did not want it to pass
  • all dems voted for Respect for Marriage Act 2022
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22
Q

why do congresspeople vote how they do

parties not influential

A
  • GOP divided over Ukraine- September 2023- GOP Matt Gaetz proposed amendment to Defense Funding bill to stop helping Ukraine
  • amendment failed but Republicans were split with 93 Republicans for and 126 against
  • 2018- Medicare for All Bill (universal, single-payer national health system) -
    more than 120 Congress people signed on as co-sponsors of a bill up from 62 in 2016
  • centrist congresspeople such as Pelosi and Schumer voted the bill down, in favour of less radical ACA
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23
Q

why do congresspeople vote how they do

executive influential

A
  • Trump’s BBB- core of President Donald Trump’s second-term agenda
  • The election of Trump in 2016 split the party into Trumpist and Never Trump factions
24
Q

why do congresspeople vote how they do

executive not influential

A
  • Trump success rate in the house- 2016-17 maj pre mid terms 95%, 2018-19 8%,
  • Marjorie Taylor Greene called on Trump to release Epstein files, questioned Republican strategy during the recent government shutdown, siding with Democrats in calling on her party to address expiring healthcare subsidies for low-income Americans.
25
senate is more powerful oversight agree
- advise and consent on presidential appointments- Matt Gaetz 2024 Attorney General - 2021 Trump impeachment- Trump was acquitted by the Senate on February 13, 2021, with 57 senators voting in favor of conviction and 43 voting against.
26
senate is more powerful oversight disagree
- sept 2025- tense and combative hearing- did not push back effectively against RFK vaccine - Hegseth, Fox and friends, women should not be in combat roles - Bring charges of impeachment- first step in a process that can ultimately remove the individual from office (Donald J. Trump President of the United States Impeached January 13, 2021, on the charge of incitement of insurrection)
27
senate is more powerful legislation agree
- sole power to ratify treaties, with 2/3. in 2010 the Senate voted to ratify the new Strategic Arms Reduction Treaty, which was negotiated by Obama. - have filibuster, more control over legislation- April 2013, senate gun control debate about Sandy Hook - The Manchin-Toomey amendment, aimed to expand background checks for firearm purchase- GOP filibuster blocked it
28
senate is more powerful legislation disagree
- must resolve their versions- senate does not have sole power example of Senate-House gridlock is the 2018-2019 government shutdown over border wall funding, where a Democratic House & Republican Senate/President couldn't agree, halting services - House's exclusive authority to initiate revenue bills - Tax Cuts and Jobs Act 2017 to reform the tax code and reduce tax rates. - The Senate subsequently made modifications to the House bill, but ultimately, the final version of the legislation originated from the House's initial proposal.
29
senate is more powerful membership/prestige agree
- longer term lengths in the senate- 6 vs 2 years - california- Sen Alex Padilla has not faced re-election since 2021, 13th district- 2023-24- GOP John Duarte Duarte has described himself as "immigration fluid" 2025-- Dem Adam Gray- Blue Dog - importance of Lisa's Murkowski's vote in the 2025 BBB after winning key concessions on federal health and food-aid programs for her state.
30
senate is more powerful membership/prestige disagree
- HOWEVER- ineffective if partisanship is strong - sept 2025- tense and combative hearing- did not push back effectively against RFK vaccine - Hegseth, Fox and friends, women should not be in combat roles partisanship can prevent this from being effective
31
congress provides effective oversight appointments agree
- Merrick Garland - o The Senate's power to confirm many executive appointments can also be used to ensure that the individuals chosen to lead departments and agencies are qualified and competent ○ In Nov 2024, President-elect Donald Trump nominated Representative Matt Gaetz to serve as Attorney General ○ Gaetz was already the subject of a Congressional ethics investigation into allegations of sexual misconduct and bribery After his nomination faced bipartisan opposition, he withdrew his name from consideration even before his hearing took place
32
congress provides effective oversight appointments disagree
- 2021 Trump impeachment failure in the senate - sept 2025- tense and combative hearing on Thursday, during which lawmakers questioned his remarks expressing vaccine skepticism, did not push back effectively against RFK despite his anti-vaccine stance
33
congress provides effective oversight investigation and impeachment agree
house January 6th Committee 2022 - congressional investigation was effective because they went into a lot of detail ○ over 1,000 interviews and thousands of documents - Ethics and civil liberties- Investigate misconduct, abuses of power & violation of civil liberties * E.g. In 2023, the House Judiciary Committee investigated IRS policies that were said to be intimidating taxpayers, leading to a policy change
34
congress provides effective oversight investigation and impeachment disagree
- 2021 Trump impeachment failure in the senate Homeland Security Secretary Alejandro Mayorkas was impeached by the House of Representatives in February 2024 on charges of failing to enforce immigration law and breaching public trust, making him the first cabinet secretary impeached in nearly 150 years, but the Senate dismissed these charges in April 2024
35
congress provides effective oversight policy agree
* Similarly, when Trump questioned the value of NATO, then-Senate Majority Leader Mitch McConnell and then-Speaker of the House Paul Ryan backed bipartisan resolutions reiterating U.S. support for the alliance. ○ Congress further strengthened this NATO guardrail in 2023 with a bipartisan measure introduced by Democratic Senator Tim Kaine and Republican Senator Marco Rubio that prohibits the president from withdrawing from NATO without congressional assent. Rubio is, of course, now Trump’s secretary of state. - power of the purse- - longest ever 42 day 2025 federal shutdown- GOP budget did not pass on party lines- extension of expiring tax credits that make health insurance cheaper for millions of Americans, senate Dems did not want it to pass
36
congress provides effective oversight policy disagree
- Trump successfully lobbied Speaker of the House Mike Johnson to change the leadership of the House Intelligence Committee at the start of this Congress, replacing Mike Turner, a hawk who has challenged Trump on Ukraine policy and some intelligence issues, with Mike Crawford, a consistently staunch defender of Trump who has opposed further U.S. aid to Ukraine. executive power to punish rebels - Marjorie Taylor Greene called on Trump to release Epstein files, questioned Republican strategy during the recent government shutdown, siding with Democrats in calling on her party to address expiring healthcare subsidies for low-income Americans.
37
congress legislate effectively effectiveness and efficiency agree
- bipartisan in crisis- The CARES Act (March 2020) - response to the COVID-19 pandemic, Congress passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act. It was one of the largest economic rescue packages in US history, passed with overwhelming bipartisan support- 96–0 in the Senate and 419–6 in the House. This moment showed Congress’s ability to act swiftly and cooperatively during a national emergency. Argument 2 - difficulty to pass legislation in congress is intentional as it is supposed to be a state level- * Bidens For the People Act 2021 - members of Congress rejected it as they felt it would take key rights away from the states, such as control over elections- Congress limiting national overreach.
38
congress legislate effectively effectiveness and efficiency disagree
- gridlock- Senate-House gridlock is the 2018-2019 government shutdown over border wall funding, where a Democratic House & Republican Senate/President couldn't agree, halting services - filibuster- April 2013, senate gun control debate about Sandy Hook - The Manchin-Toomey amendment, aimed to expand background checks for firearm purchase- GOP filibuster blocked it, did not have 60 votes for cloture agreement
39
congress legislate effectively democratic agree
The separation of powers means that members of congress are highly sensitive to public needs when passing laws. E.g. The 2019 national defence Authorisation act contained increased military funding and benefits for military cooperations, but also promoted the interests of the general public by providing parental leave for federal workers, therefore promoting the interests of different groups in society. The process itself allows individual members of congress to propose amendments that might be particularly beneficial to their constituency: E.g. Lisa Murkowski was able to secure significant funding for Alaska in Trump's big beautiful bill.
40
congress legislate effectively democratic disagree
Interest groups can mobilise public opinion in Congress. Example: NRA very successful in doing this to prevent the Obama administration passing legislation to limit gun laws after a number of school shootings. Argument 1: Congress has failed to pass legislation to ban gerrymandering since 2019. Example: Gerrymandering went to the Supreme Court in Rucho et al. vs Common Cause in 2019, but the Supreme Court ruled that ruling on gerrymandering was for Congress and state legislatures to address.
41
congress legislate effectively quality of legislation agree
- checks and balances- Debt Ceiling Deal – Fiscal Responsibility Act (June 2023) - a bipartisan compromise between President Biden and Speaker Kevin McCarthy. Executive and legislative branches negotiated limits on spending and unused COVID funds. Prevented default while enforcing fiscal discipline. - experts- 21st Century Cures Act – 2016 The House Energy and Commerce Committee and the Senate Committee on Health, Education, Labor and Pensions (HELP) were involved ○ Committees worked with scientists and patient advocates to streamline drug approval processes.
42
congress legislate effectively quality of legislation disagree
Political polarization often forces compromises that make bills overly complex, incoherent, or slow to respond to urgent problems. 🔐2025 Government shutdown over budget has caused delayed response times for important legislation and the furlough of 750,000 workers. Affordable Care Act 2010 was over 2,000 pages long, with far too complex regulations on industries such as insurance markets and state exchanges. Further ambiguous clauses led to major legal challenged and rough state implementation.
43
congress represent effectively descriptively agree
Just over a quarter (26%) of voting members in the U.S. Congress identify as a race or ethnicity other than non-Hispanic White, making the 119th Congress the most racially and ethnically diverse to date. * Jon Ossoff (D-GA) became the first Millennial senator at the age of 3 in January 2021 and the number of Generation X senators increased from 16 in the 115th Congress to 20 in the 117th Congress
44
congress represent effectively descriptively disagree
The vast majority (84%) of racial and ethnic minority members in the new Congress are Democrats, while 16% are Republicans. in Congress compared to the US population: 88% of members of the 117th Congress are Christian compared with 65% of the US electorate
45
congress represent effectively constituents agree
- earmarking- - The 2005 Transportation Bill included $223 million for a bridge connecting a small Alaskan town to an airport on a nearby island, which had a population of 50, in order to eliminate the need for a 15-minute, $6 ferry ride - trustee vs delegate models of representation- reps have small vs large constituencies and short 2 y v 6 y terms- highly sensitive to constituents - HoR constantly battle for re-election (delegates), Sen (longer-term) interests of the public (trustee) - 1990s the House repeatedly followed the patriotism of the public view and voted to criminalise defacing the flag- Sen more rational view in protecting minority views and 1st Amendment. The measure failed to achieve the required votes in the chamber with a six-year term.
46
congress represent effectively constituents disagree
- gerrymandering- 2025 SC approves Texas gerrymandering outside of census voters in California voted for counterbalancing gerrymandering - incumbency - Senate re-election rate has risen to 100% in 2022 from 84.4% in 2018 and 83.9% in 2020 the person in office has advantages such as name recognition and having an established campaign machine. Incumbents outspend their rivals significantly- major advantage
47
congress represent effectively structural agree
- separation of powers, lack of executive patronage power - Republican Senator Susan Collins (Maine) under Biden- 1/19 GOPs to support his $1 trillion Infrastructure Act and 1/3 GOPs to vote for his nomination of Brown Jackson to the Supreme Court in 2023. Collins also resisted many of President Trump's proposals, for example voting against attempts to repeal Obamacare. The Senator represents a moderate Democrat leaning state (Biden won the state in the 2020 presidential election). - Obama- US Republicans have seized the House of Representatives in mid-term elections, split, lame duck, Affordable Care Act (ACA) Dispute: House Republicans sought to use the need for a continuing resolution (a temporary spending bill) to force the delay or defunding of the Affordable Care Act (commonly known as "Obamacare"), which was set to begin implementation on October 1, 2013.
48
congress represent effectively structural disagree
- FPTP so safe seats - cali 2024 41.13% voted for senate GOP pick Steve Garvey- totally unrepresentative in more prestigious senate - equal power between houses- » This has led to some extreme cases where legislation has failed, such as the 35-day Federal Government shutdown in 2018-19. Such gridlocks fail to promote the interests of the US public or, even worse, does severe damage, for example by causing major falls in the stock market or increases in unemployment.
49
parties have too much control in congress
oversight legislation representation assess the strength of partisanship then address how much partisanship can therefore impact control too much is excessive
50
parties have too much control in congress agree oversight
- oversight strong when president's opposing party has a majority- overly aggressive - Obama- US Republicans have seized the House of Representatives in mid-term elections, split, lame duck, Affordable Care Act (ACA) Dispute: House Republicans sought to use the need for a continuing resolution (a temporary spending bill) to force the delay or defunding of the Affordable Care Act (commonly known as "Obamacare"), which was set to begin implementation on October 1, 2013. - not agrressive enough when the president has a majority - 2021 Trump impeachment failure in the senate
51
parties have too much control in congress disagree oversight
- even with a majority, president is often strongly checked by congress ○ In Nov 2024, President-elect Donald Trump nominated Representative Matt Gaetz to serve as Attorney General ○ Gaetz was already the subject of a Congressional ethics investigation into allegations of sexual misconduct and bribery After his nomination faced bipartisan opposition, he withdrew his name from consideration even before his hearing took place Biden found it very difficult to pass many policy priorities despite majority in house and senate in first 2 years - Inflation Reduction Act 2022 did pass, but with significant compromises- compromise bill after Bidens Build Back Better plan failed to pass congress- protections for oil and gas companies Biden didnt want
52
parties have too much control in congress agree legislation
swings too far from totally blocking in divided to a lack of scrutiny in united - longest ever 42 day 2025 federal shutdown- GOP budget did not pass on party lines- extension of expiring tax credits that make health insurance cheaper for millions of Americans, senate Dems did not want it to pass - all dems voted for Respect for Marriage Act 2022 2018 mid-terms, House hits recrod for party unity, Dems vote with party 95% of occassions, more common shutdowns
53
parties have too much control in congress disagree legislation
parties and party leaders do not have total control over their politicians, low uity in US vs UK - GOP divided over Ukraine- September 2023- GOP Matt Gaetz proposed amendment to Defense Funding bill to stop helping Ukraine - amendment failed but Republicans were split with 93 Republicans for and 126 against - 2018- Medicare for All Bill (universal, single-payer national health system) - more than 120 Congress people signed on as co-sponsors of a bill up from 62 in 2016 - centrist congresspeople such as Pelosi and Schumer voted the bill down, in favour of less radical ACA - Biden has 50-50 in 2020 and 2022, Manchin and Sinema dont vote with him
54
parties have too much control in congress agree representation
partisanship undermines representation- dont do well for constituents 2020- 31 house Dems represent districts where trump got a majority of the vote in 2016, mostly voted against him in impeachment votes, border wall funding requests and attempts to repeal obamacare, despite more republican areas and desires
55
parties have too much control in congress disagree representation
parties do not prevent representation - importance of Lisa's Murkowski's vote in the 2025 BBB after winning key concessions on federal health and food-aid programs for her state. Democrats such as Rep AOC or Senator Sanders representing very liberal areas will not seek compromise with Reps- Senators Manchina dn Sinema more rep. states- oppose democrats