US Congress

Where are the powers of Congress set out?

Article I of the US Constitution

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What is the US legislature (Congress) and the US executive branch (White House) physically separated by?

Pennsylvania Avenue

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What is a bicameral legislature?

A legislature with two chambers - Congress is bicameral

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What are the key features of the House of Representatives?

435 members across 435 nationwide districts; apportioned based on population - CA has 53, SD has 1; reapportioning every decade (although gerrymandering is practiced); 2 year term; 'pork-barrelling' and local issues

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What are the key features of the US Senate?

100 members, 2 per state, regardless of population; represents states' rights; 6 year term based on the 17th Amendment - never used to be directly elected

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Why is the Senate more highly regarded than the House?

LONGER TERMS, Senators more like national statesmen; Senate more 'procedural' house; Senate is a 'talent pool' for executive (Obama, Biden, Cheney); no 'gerrymandering' and pork barrelling in Senate; House members run for Senate - not vice versa

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What is the 'locality rule'?

The idea that, as a Representative, you must reside in your district to be able to stand as the Congressman for your district - applies in some districts - in Senate, MUST live in your state

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What are the exclusive powers of the House?

- initiate money bills (power of the purse, appropriate all executive funds); - start impeachment proceedings (19 times since 1789 - Clinton 1998, Porteous 2010); - elect the President (if EC deadlocked - 1800 + 1824)

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What are the exclusive powers of the Senate?

ADVICE AND CONSENT POWERS: - treaties (Obama, New START), - appointments (senatorial courtesy (discussion) - Bork rejected for SCOTUS 1987, J.Tower for Defence 1989); - impeachment trial (need a 2/3 majority; Clinton 98), - elect the VP

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What are the concurrent powers of the two Houses?

- pass legislation (Houses are 'co-equal'), - override the veto (a 2/3 maj. in both houses (JASOTA 2016)), - amendment (2/3 majority), - declare war, - confirm VP (Ford 1973)

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How are the two chambers similar in their procedure?

Both have powerful committees and practice pork-barrelling and log-rolling, as well as bipartisanship and organisations internally (caucuses and CMOs)

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How can the House and Senate be summarised?

The House is the less prestigious, more local House; the Senate is the more national, prestigious House (was never intended by Founding Fathers to be elected - 1913)

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Is US Congress as powerful as the UK Parliament?

No - the uncodified constitution and parliamentary government in UK makes it much more powerful; also Cabinet government, accountability through PMQs (better than hearings) and impeachment in the UK - the UK has a dominant Commons - no gridlock.

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How powerful are US committees?

Much more powerful than UK ones, in terms of their legislative role - come before the 2nd reading, meaning they decide what gets debated

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How are US standing committees composed?

18 members in the Senate, 40-50 in the House; balanced as the whole chamber is, membership are policy specialist and permanent

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How independent are US committees?

They are free from executive control - they can impeach the President (House Judiciary Committee voted to impeach Nixon 1974); they also investigate appointments through their 'advice and consent' powers in the Senate

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How did Woodrow Wilson describe committees in 1885?

'Congress in its committee rooms is Congress at work'

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What is 'seniority rule' and how is it criticised?

This is the idea that the most senior members of Congress get powerful committee chair roles, due to their experience - critics call it 'SENILITY RULE' - oldest get the powerful roles (R.Byrd, 87 y/o - chair of Sen Apprns. Comm. 2007)

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How has the committee chair selection process become more democratic?

Been elections for chairs since the 1970s; since the 1990s, Republicans have imposed a 6 YEAR TERM LIMIT on their chairs, to counter the number of long-standing Democratic chairs

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What are the powers of the committee chair?

- controlling the agenda and budget of the committee; - deciding how often committee will meet; - the floor manager of their committee's bills; - a media representative; - leading 'hearings'

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How is the membership of a committee decided?

A reward for loyalty; also through 'pork-barrelling' (WY House member will want to be on Agricultural Committee; an NY member on Transportation) - members can use the work of the committee as a campaigning tool

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How does a committee operate within the legislative process?

They gather information on the potential impacts and context of the bill and conduct 'hearings' in subcommittees with key individuals - cabinet officers (Clinton, Benghazi 2015), interest groups, members of the public and Congressmen.

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What is 'pigeonholing'?

When a committee decides not to investigate into a bill any further and put it to one side, thus killing the bill. Can only escape through a DISCHARGE PETITION

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How are committees a 'sieve'?

They 'sieve' through over 10,000 pieces of legislation, only allowing 3-4% to become Acts - they are the largest obstacle of the legislative process

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What powers do hearings have?

Subpoena powers, to legally summon an individual to testify - Zuckerburg 2018

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What is the committee power of investigation?

Committees can investigate into perceived problems - for example, 2007 - Foreign Affairs Cmt. investigated Iraq; Homeland Security in House into 'corruption of Afghan forces'

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What was 'McCarthyism'?

Senator Joe McCarthy in 1950s - Chair of 'SubCommittee for Investigations' for House Un-American Activity Cmt. - summoned and interrogated members of public due to suspected Soviet influence - caused terror - how investigative power can be abused.

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Who was Charlie Wilson?

A member of the House Appropriations Cmt., Defence Subcommittee - became worried about Soviet-Afghan War, and won appropriations for CIA to investigate - eventually, won $40m for the CIA, which was used to fund the Taliban, al-Qaeda, led to 9/11?

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What is the exclusive power of Senate committees?

The powers of ADVICE AND CONSENT - the Senate committees investigate appointments, and their decision is reflected in a floor vote - Senate Judiciary Committee rejected Bork for SCOTUS 1987

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What is the role of US select committees?

These temporary committees investigate into important issues - ad hoc committees - investigate time consuming, non-classified issues - ie 2011 debt ceiling crisis, Select Cmt. on Watergate (Presidential Campaign Activities)

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What is the House Rules Committee?

This committee is permanent, and responsible for timetabling and setting rules for the floor debate of each specific bill. They can prioritise bills, and set amendment rules - 13 members, maj. party control

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What are Conference Committees?

Joint committees of both chambers; try to reach an agreement between both chambers on the final form of a bill - reconciliatory, as both Houses are 'co-equal' - try to reach a consensus - results in a floor vote, followed by reapproval

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Why are Conference Committees becoming less important?

Declining in use; informal agreements between party leadership is now more important - reconciliation is becoming a partisan process

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How can committees be summarised?

Extremely powerful, especially 'blue ribbon' committees (Foreign Affairs, Judiciary, House Rules) - however, potentially too powerful (McCarthy, Wilson) - can BLOCK PARTISANSHIP in Congress

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How is the US legislative process described?

'An obstacle course' - 10,000 bills per Congress, only 3-4% pass - many are heavily amended; to pass quickly, needs bipartisan support (PATRIOT Act) - generally, a negative 'obstacle course' influence by a number of factors.

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What happens at the first reading?

HOUSE - printed up and given to Speaker; SENATE - title read aloud - happens to over 10k bills

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What happens at the committee stage?

Bill assigned to a committee - can be 'sieved out' and 'pigeon holed' if not good enough, however if passes 'subcommittee hearings' and deemed good enough, goes to a 'markup session' (bill amended and commented on - 'earmarks' used until 2011)

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What happens if a committee approves of a bill?

Rare, as the largest obstacle, but if approved in the final vote, sent to the House Rules Committee for timetabling

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What is a discharge petition?

If a bill is 'pigeon-holed', the whole house can file a 'discharge petition' to force the bill out of committee - in the House - needs a 218/435 majority - BCRA 2002

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What happens at the timetabling stage?

The House Rules Committee set rules and a date for floor debates (can be blocked due to time constraints or a partisan bill); Senate - timetabled by majority party - unanimously, or 'motion to proceed' - can be blocked here if too partisan

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What is the Hastert Rule?

'The majority of the majority' - a majority of a Republican-majority House must vote in favour of a debate on the bill, ensuring more partisan legislation

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What happens at second reading?

The bill debated on the floor for the first time - little partisan pressure (less whipping, trustee view dominant); done by a 'Committee of the Whole' in the House (only 100 required) which is informal) - Senate is more formal

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How are votes conducted in the House and Senate?

Either a voice vote in either (if large majority) - if not, an electronic vote in House or a 'roll call vote' in the Senate

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What is 'log rolling'?

Vote trading in exchange for support on other issues

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What is the Senate filibuster?

Senators have a right to 'unlimited debate', so can 'talk out' a bill for as long as they like - used in opposition, not to defeat a bill - Strom Thurmond 1957 (24 hour filibuster), Democrat Murphy Group 2014, Rand Paul 2018 (shutdown)

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What is the 'nuclear option' for filibustering?

Using a filibuster on a Presidential appointment debate - for example, with Neil Gorsuch's SCOTUS appointment debate in 2017 - a 15 hour filibuster

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How can a filibuster be ended?

By filing a 'cloture motion' - needs 60 votes (bipartisan support) - for the 'nuclear option', only a simple majority of 50 is needed.

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What happens at third reading?

The bill is voted on for the last time (in theory) before being approved - 'co-equality' of the houses can cause 'legislative ping-pong' here, but conference committees can remedy this

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What happens in a conference committee?

Any differences between the two 'co-equal' houses are ironed out and a consensus is reached on the two different forms of the bill - declining use in favour of informal leadership discussions

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What 3 options does the President have when presented with a bill?

1) Sign the bill into law - in a 'ceremonial' affair; can pass signing statements on the bill (Nixon, FECA 1971); 2) Leave the bill - will become law after 10 days w/ no signature, 3) Veto the bill - send it back to Congress (Obama, Keystone XL 2014)

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What is the pocket veto?

When a President leaves a bill to expire in the last 10 days of a congressional session - this kills the bill

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How can Congress respond to a veto?

1) Amend the bill (National Defence Authorization Act 2016 - resigned); 2) Override the bill (JASOTA 2016), 3) Accept defeat on the bill

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Is the fact that the legislative process is an 'obstacle course' a negative thing?

YES - opportunities for 'pork-barrelling' in the House, 'gridlock', partisanship increasing (Obamacare 2009) - NO - separation of powers, Founding Fathers intention (high quality debate), encourages bipartsanship

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What are the main factors influencing voting in Congress?

PARTY (113th, 93% partisanship, Hastert Rule, Obamacare); CONSTITUENTS (Bridge to Nowhere $396m, McConnell dam, MSU global warming 2008); TRUSTEE (own ideology - candidate centred politics - Rand Paul)

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What other influences are there on voting in Congress?

CMO (Freedom Caucus 2017); PRIMARY VOTERS (in gerrymandered seats, Eric Cantor 2014, Jeff Flake 2017); PRESIDENT (if popular - Obama a 'lame duck')

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How do other Congressmen influence voting in Congress?

Through 'log rolling' in appropriations bills - Continuing Appropriations Resolution 2018;

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How can interest groups influence the voting behaviour of a Congressman?

By attracting them with 'war chests' of money - also through 'iron triangles' - NRA gave $144m from 98-2017; John Murtha, $1m from weapons PACs 2008

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What is 'pork-barrelling'?

Using your role as a 'representative of the people' to look after the 'folks back home' through voting based on the interests of your district

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How is this done nowadays?

Used to be earmarks until 2011 (Bridge to Nowhere, McConnell, MSU global warming) - now through persuading agencies to appropriate funds locally

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Why is pork-barrelling viewed negatively?

- no national influence (against Burkean view); - corruption (used for reelection)

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How has pork-barrelling been reformed?

2006 Legislative Transparency and Accountability Act created lists of earmarks - eventually banned in 2011

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Are there suggestions that 'grease is good'?

- Helps to pass national legislation (1964 Civil Rights Act); - prevents Congressional dysfunction, - ensures representation

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Are Congressmen too concerned with local issues?

YES - earmarking, permanent campaigning, interest groups; NO - mandate view, trustee view, other influences, gerrymandering - ultimately, it is CRUCIAL

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Which chamber is dominated by 'pork-barrelling'?

The House - due to the shorter terms, smaller areas of representation and need to get local support - a 90% incumbency rate due to 'pork-barrelling' somewhat

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Why is incumbency so high in Congressional races?

- more resources for incumbents (finance); - a record to defend and name recognition (McConnell v Grimes KY 2008), - pork-barrelling, - interest group support and GERRYMANDERING

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What is gerrymandering?

Partisan reapportioning of districts by state legislatures leading to 'safe districts'

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What are majority-minority districts?

Districts which have been gerrymandered in a way so that a minority (black, hispanic etc.) are the majority ethnicity in this gerrymandering district - IL-4

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Can incumbents be defeated?

YES - influenced by a political movement (Tea Party 2010, 'kicking the bums out'), or if incumbent hit by scandal (Lieberman over Iraq in CT 2006, lost primary)

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How strong is the party system in Congress?

Very weak - doesn't provide government as in UK, low party allegiance levels, a lack of organisation - weak due to the separation of powers

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What are the two main party organisations in Congress called?

The Democratic Caucus; The House Republican Conference

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What are the roles of the party in Congress?

1) Nominate candidates for leadership roles (whip, Speaker, leader etc.); 2) Approve party rules (Hastert Rule); 3) Publicise legislative efforts (Obamacare and Dem. Caucus); 4) Party discipline (JASOTA 2016 - veto override)

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How do the parties have influence over elections?

Less than in UK due to candidate centred elections and personalised campaigns - 'independent political entrepreneurs' - leads to a weakened mandate view - however, due to House 'permanent campaign', party can assist

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What is the role of the majority party leadership?

Play a crucial role in organisation - becoming more ideologically coherent - Speaker like a leader through rules (Hastert Rule); whips can persuade and bargain, and award committee roles; can be PERSUASIVE (LBJ in 1950s)

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How can the President influence the power of the party leadership in Congress?

A popular President creates a liaison role between the party leadership and Congressmen (Bush, 01-06)

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How is the role of the party leadership undermined?

Strong pork barrelling, trustee and delegate views, coalition building (The Conservative Coalition), 'log rolling', overlapping factions (Blue Dogs)

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How limited is the role of the party in the House?

Not as influential as in the UK - limited to a 'barometer' of how a Congressman will vote

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How influential is the party in the Senate?

Even less than in the House - Senators have a stronger 'trustee' view and a stronger BURKEAN VIEW as they are viewed more like national statesmen

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What are the roles of the whips and majority leader in the Senate?

Whips are mere communicators - the Majority Leader does not preside over the chamber, and is less influential

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How does the filibuster undermine the role of the party in the Senate?

The filibuster is powerful and requires a 60-vote majority to file a cloture motion - means bipartisan support is needed, and the leadership cannot single handedly end a filibuster

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Has the role of the party grown in recent years?

YES - rising partisanship, influential party leaders (LBJ, Hastert etc), polarisation of politics, decline of moderate factions (Blue Dogs), more nationalised elections (Contract with America 94, Six for 06), - decline in use of Conference Committees

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What arguments suggest that the role of the party has not grown in recent years?

NO - powerful committees which are free from leadership (committee chairs powerful), weak organisational structures, other influences on voting, candidate centred elections, weak whips, a weak party platform, executive influence - WEAKER THAN UK

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Has partisanship grown in Congress in recent years?

Yes - 73% in House 1995, 69% in Senate - no Republicans voted for Obamacare 2009

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Why has partisanship grown?

Ideological coherence (conservative Republicans, Liberal Democrats); Polarisation (Contract w/ America 94, Six for 06, duopoly on issues); Less overlap (decline of Blue Dogs 2010, less RINOs - Olympia Snowe 2012)

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What other arguments are there to suggest rising partisanship?

Growth of pressure groups (Tea Party, NRA, AARP, Occupy); White House (President increases partisanship - Bush 03-08, Obama for Obamacare); Gerrymandering (strong mandate view in 'safe' seats)

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What does the Speaker do?

3rd in line to President; partisan role; enforce order and schedule partisan bills; appoint committee chairs; determine agenda; HASTERT RULE

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What are some examples of speakers?

Newt Gingrich (Contract w/ America); Nancy Pelosi (Six for 06, Obamacare); John Boenher (small business, debt ceiling); Paul Ryan (Tea Party, conservative)

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What do the whips do?

Communicators - less powerful than UK, less punishment - report to leaders in Congress - Steve Scalise, Steny Hoyer

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What does the President pro Tempore do?

Presides over Senate - delegated by VP, 4th in line to President - President of the Senate

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How can Congress be described as representative?

Congress shows 'resemblance theory' - people believe Congress should 'look like America' - it currently does not, and is 'male, pale and stale'

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How representative is Congress?

Social class (50% lawyers, 22% working class - family dynasties (Kennedy, Bush, Gore); Gender (115th - 19% female - Emily's List promoting, but face issues - ONLY 1 LGBTQ SENATOR - Tammy Baldwin)

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What other factors show Congress to be unrepresentative?

ETHNICITY (Maj-Min districts for black and Hispanics - 37 Black in 2005, 53 Hispanic (the sleeping giant)); AGE (average age 60 - 10y older than UK) - oldest Rep. Sam Johnson (87); 9 Senators over 80 - youngest Tom Cotton Senate (40); E.Stefanik (33)

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Has Congress become more representative?

It has attempted to - Emily's List; pro-women PACs; 'Latinos for Trump'; pro-black movements and changing attitudes - STILL UNREPRESENTATIVE - only rich succeed - E.Warren 2012

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What is 'divided government'?

When different parties control each House of Congress/one party controls Congress, and the other controls the exec. - ie 112th - also in time of small majorities - 115th - limits effectiveness of scrutiny

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What are the positive effects of divided government?

SCRUTINY (more effective - conflicting perspectives, good debate); LEGISLATION (compromise legislation, moderate, less extremist - BATRA 2013, stopping 'fiscal cliff'); ALSO FOUNDING FATHERS INTENTION + OVERSIGHT

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What are the negative effects of divided government?

GRIDLOCK - due to div. gov, legislation gets 'stuck' and cannot progress - no cooperation - exacerbated by impeachment proceedings of Clinton 1998

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How does gridlock happen?

Co-equality of houses; Senate filibuster (Chris Murphy filibuster 2014); separation of powers, partisanship - 112th Congress - least productive + most polarised

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How does the 115th Congress show potential for gridlock?

A number of issues - small majorities, healthcare reform, DACA, border wall, gun control and budgets

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Is gridlock an inevitable consequence of US government?

1) CONSTITUTION - due to SoP checks and balances, powerful committees, and the filibuster; PARTISANSHIP - rising partisanship, less bipartisanship - Obamacare (no Reps), 92% party line votes; DIV GOV. - lots of elections - 112th - midterms, div govt.

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How is gridlock not an inevitable consequence of US government?

1) FOUNDING FATHERS - intended gridlock for scrutiny, legislation and accountability; BIPARTISANSHIP - parties cooperate on impt. legislation - BATRA 2013, BCRA 2002, Budget 2018; 3) UNIFIED GOVT. - govt is unified often - 115th

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Where does gridlock originate from?

From polarisation - rising partisanship causes gridlock over issues, not the governmental systems

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What is congressional oversight?

Congress' checks and scrutiny over the executive - stronger checks than Parliament due to SoP

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Is congressional oversight an enumerated power?

No - comes from the legislative process, advice and consent, 'power of the purse' and impeachment, ILLEGAL TO LIE TO CONGRESS, subpoena powers

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Why is oversight important?

Growing size and extent of US bureaucracy - 'pork-barrelling', weak whipping system

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How does oversight happen?

Advice and consent, committees (House Govt. Reform Cmt. and Sen HS Cmt. - oversee govt. programme - over 30 committees); oversight of agencies and impeachment

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How do committees provide oversight?

Hearings - select cmts also investigate - Watergate + Whitewater - also recommend impeachment

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How do advice and consent powers provide oversight?

Debate Presidential actions - 1918, Treaty of Versailles, 1998 Test Ban Treaty rejected; HOWEVER undermined by exec. agreements (Obama, Iran)

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What is the most direct form of oversight?

Impeachment - if the President acts criminally, he can be impeached - 2/3 maj. to convict - Clinton nearly 1998, Nixon nearly 1974 - Thomas Porteous 2010

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Is oversight effective?

Only during divided government - oversight 'died' in 2003-08 - Bush, unified government

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How can effective oversight be shown?

REJECTIONS - of appts. and treaties - John Tower, 1989; Bork 1987; 1998 Test Ban; HEARINGS - more during div gov - 03-08 - 37 in 2003-04, more in 3 weeks after Democratic control regained 2008 - R.BYRD 'OVERSIGHT X3'

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Who first described Congress as 'the broken branch', and why?

Mann and Ornstein in 2006, in relation to the lack of oversight from 2003-08

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What are commemorative resolutions?

Bills that pass random commemorative events - National Asparagus day - show 'brokenness' due to excessive use - 25% of all 1980s Acts, 46% of 99th Congress bills

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How did Mark Twain describe Congress?

'America's only native criminal class'

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Is Congress 'the broken branch'?

YES - partisanship, gerrymandering, abused of procedure (Cmt of Whole), pork barrelling, interest groups, legislative process (less conf. cmts), polarisation, continuing resolutions (over budget)

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How is Congress NOT the 'broken branch'?

NO - bipartisanship continues, productive Congress, pork-barrelling (effective reprn.), primaries are democratic, FF INTENTIONS

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What checks and balances does Congress have on the executive?

Advice and consent (Tower, Bork, Test Ban + Treaty of Versailles); impeachment (Clinton, Nixon, Porteous); 'power of the purse' (Rand Paul shutdown 2018); override (of veto with 2/3 maj. JASOTA 2016)

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What checks and balances does the executive have on Congress?

Veto (Keystone XL 2015); propose legislation (State of the Union - 50% of leg); executive agreements (Obama-Iran 2016); Cabinet appointments (Clinton, Sec. of State 2009)

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What checks and balances does Congress have over the judiciary?

Approve appointments (Bork 1987, Gorsuch 2017); impeachment (Porteous 2010); overturn a judicial decision

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What is the major check the judiciary has over Congress?

Declaring laws unconstitutional through judicial review (from Marbury v Madison)

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How can Congress' responsibilities be divided?

LEGISLATION - passing legislation - only 3-4% of all bills, and some commemorative res., but much bipartisanship; REPRESENTATION - strong - pork-barrelling, local apprns, 'folks back home' - no resemblance; OVERSIGHT - died 03-08 - back now (Obama)

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How can Congress be described?

The most powerful branch in theory, however, it is increasingly dominated by the executive

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