2.2 The functions of Congress

Question 1

What are the congressional committees you need to know?

Answer 1

• Standing committee
• House Rules Committee
• Conference committee
• Select committee

Question 2

What are standing committees?

Answer 2

A permanent, policy specialist committee of

Congress playing key roles in both legislation and investigation

Question 3

What does a typical senate standing committee look like?

Answer 3

18 members in the senate

House committee would be 30-40 members

Question 4

What are motivations of committee members

Answer 4

House and Senate members seek assignments on committees that
are closest to the interests of their district or state
e.g Ilhan Omar and House Committee on Education and Labor

Question 5

What are the functions of standing committees?

Answer 5

• Conducting committee stage of bills
• Conducting investigations
• Confirming presidential appointments

Question 6

Whats the first function of standing committees in both houses

Answer 6

to confuct the committeee stage of bills in the legislative proccess

Question 7

What does conduct the committee state of bills entail?

Answer 7

Holding hearings on the bills at which ‘witnesses’ appear

Question 8

Who might these ‘witnesses’ be?

Answer 8

:
• other members of Congress
• members from the relevant executive departments or agencies, or
even from the White House
• representatives from interest groups or professional bodies likely to
be affected
• ordinary members of the public

Question 9

What happens at the end of these hearings

Answer 9

At the conclusion of these
hearings, a vote is taken by the committee on whether or not to pass
the bill on to the full chamber for debate and votes — the next stage
in the legislative process.

Question 10

What investigations do standing committes do up?

Answer 10

enables Congress to fulfil its oversight function.
Such investigations are often launched into perceived problems, crises or policy failures. They attempt to answer such questions as ‘Why did this happen?’, ‘Is current legislation proving effective?’ and ‘Is new legislationrequired?’

Question 11

How do standing committees confirm presidential appointments?

Answer 11

The vote is not decisive but recommendatory –> important clue in the likely outcome of the nomination

Question 12

Which standing committees get busy when cornifirming executive appointments?

Answer 12

Senate judiciary and foreign relations commission

Question 13

What is a significant example of standing committee fucking over executive?

Answer 13

It was the Republican-controlled Senate Judiciary

Committee that refused to hold hearings on President Obama’s Supreme Court nominee Judge Merrick Garland in 2016.

Question 14

What are limits to standing committee powers?

Answer 14

Committees are powerful but not all-powerful: they cannot legislate; they cannot require the executive to comply with their wishes; they cannot implement policies once
they have been approved

Question 15

What is the house rules committee?

Answer 15

One of the standing committees of HoR but performs different function: responsible for prioritising bills coming from the committee state - has to deal with huge queue of bills

Question 16

What is the membership of the rules committee saying?

Answer 16

Its smaller and more skewed to the majority party than other standing committees - 13 members - 9 D, 4 R

Question 17

What is the most influential post in congress

Answer 17

Chair of House rules committee

Question 18

What are confederence committees

Answer 18

Bills pass through both houses concurrently, meaning there are 2 versions of the same bills - if these differences cannot be reconcilled informally, conference is set up

Question 19

When are conference committees called up

Answer 19

Ad hoc - set up to consider one particular bill

Question 20

What happens if they don’t agree

Answer 20

. If
agreement is not forthcoming, the same conference committee may
be reconvened. Another compromise will be drawn up and sent to the
floors of both houses. Should that be unacceptable to one or both
chambers, the bill will be sent back to the standing committees that
first considered it

Question 21

Why are conference committees important?

Answer 21

Conference committees are important because they are likely to
draw up what will become the final version of the bill.

Question 22

What are select committees?

Answer 22

Known as special or investagive committees - all are ad hoc - to investigate a specific issues
- Most are done in one chamber

Question 23

Why are selective committees needed when standing committees has an investigative function?

Answer 23

• does not fall within the policy area of one standing committee; or is
  likely to be so time consuming that a standing committee would
  become tied up with it, thus preventing the standing committee from
  fulfilling its other functions

Question 24

Example of select committee?

Answer 24

2014 the then Speaker of the House John Boehner set up the
House Select Committee on Events Surrounding the 2012 Terrorist
Attack in Benghazi that had resulted in the deaths of the American
ambassador to Libya, Christopher Stevens, and three other
Americans. Hearings began in September 2014 but it was not until
October 2015 that Hillary Clinton, who at the time of the attack was
serving as secretary of state (foreign secretary), appeared before the
committee for 11 hours of questioning. The committee published its
final report in June 2016.

Question 25

Are there permanent select committees?

Answer 25

ye the Senate there are four, on Aging, Ethics, Indian Affairs, and Intelligence; in the House there is just one, on Intelligence

Question 26

Seniority rule

Answer 26

A ‘rule’ that the chair of a congressional standing | committee is the member of the majority party with the longest continuous service on that committee.

Question 27

Where are standing committees chairs from?

Answer 27

the majority party

Question 28

What powers do chair standing committees have?

Answer 28

• control the committee’s agenda • decide when the committee will meet • control the committee’s budget • influence the membership, meetings and hearings of subcommittees • supervise a sizeable committee staff • serve as spokesperson on the committee’s policy area within Congress, to the White House and in the media• make requests to the House Rules Committee (in the House) and the party leadership (in the Senate) for scheduling of legislation on the House floor • report legislation to the floor of their respective chamber on behalf of the full committee

Question 29

What is the legislative process?

Answer 29

``` 1 Introduction 2 Committee stage 3 Timetabling 4 Floor debate and vote on passage 5 Conference committee (optional) 6 Presidential action ```

Question 30

How long do bills have to pass?

Answer 30

two years. So, for example, the 115th Congress runs from January 2017 until December 2018. Any bills not completed in one Congress must start the process again at the beginning of the next Congress.

Question 31

Whats the percentage of bills enacted by congress 2019-21

Answer 31

2%

Question 32

Whats this congress numbered?

Answer 32

117th - started this year

Question 33

How does a bill get introduced?

Answer 33

There is no debate and no vote. In the House, it involves nothing more than placing a copy of the bill in a ‘hopper’ — a tray — on the clerk’s desk. In the Senate, the introduction involves reading out the title of the bill on the Senate floor. Bills are then numbered, p

Question 34

How many bills get introduced?

Answer 34

a lot, 116th congress did up 16,000, an increase

Question 35

Which part of the stage has more bills fail than at any stage?

Answer 35

committee stage

Question 36

How do committees deal with the huge amount of bills given?

Answer 36

A significant number are pigeon-holed — put to one | side, with no action taken on them at all, no hearings and no vote.

Question 37

Why is the committee stage so important?

Answer 37

The full House and Senate have not yet debated the bill. The standing committee members are regarded as the policy specialists in their policy area and they have the full power of amendment — anything can be added to and anything removed from the bill at this stage.

Question 38

What happens when the hearings are compelted?

Answer 38

, the committee holds a mark-up session — making the changes it wishes — before reporting out the bill, effectively sending it on to its next stage

Question 39

What does the report written by the committee do?

Answer 39

states the main aims of the bill; reviews the amendments made by the committee; estimates the cost of implementation; and recommends future action to be taken by the full chamber

Question 40

Unanimous consent agreement

Answer 40

An agreement in either the House or the Senate, made without objection, to waive the chamber’s normal rules

Question 41

How does HoR deals with bill queue?

Answer 41

through the House Rules Committee. The ‘prioritising’ role of the House Rules Committee makes it a kind of legislative ‘gatekeeper’ or ‘traffic cop’ — allowing some bills through but holding others back

Question 42

What is the discharge petition

Answer 42

When the house rules committee fails to give a rule to a popular bill, with an absolute majority of House members voting for it, the bill automatically comes onto the house floor for debate

Question 43

Whats an example of the discharge petition being used?

Answer 43

used to force through the Bipartisan Campaign Reform Act (2002)

Question 44

What happens on floor debates and vote on passage

Answer 44

In both houses further amendments can usually be made - this is the first opportunity for full chambers to debate

Question 45

Whats the issue with the senate when having floor debate

Answer 45

Possibility of a filibuster

Question 46

Filibuster

Answer 46

A device by which one or more senators can delay action on a bill or any other matter by debating it at length or by other obstructive actions.

Question 47

Example of filibuster

Answer 47

Bernie Sanders in 2010 for 8 hours on bi partisan tax deal

Question 48

How can a filibuster be ended?

Answer 48

‘closure’ (or ‘cloture’). To be successful, a closure petition must be signed by 16 senators and then voted for by at least three-fifths (60) of the entire Senate.

Question 49

How many closures in 116th congress?

Answer 49

328 - increase almost every congress

Question 50

What is the 'nuclear option'

Answer 50

require only a simple majority vote to end filibusters of certain executive and judicial branch nominations, though this did not include nominations to the Supreme Court. - republicans kept these in place

Question 51

What happens after debate and approval of any amendment

Answer 51

each chamber votes to pass or defeat the bill - house and senate version of bill likely to be minor

Question 52

What happens if the bills are different?

Answer 52

the two houses may agree informally among the leadership to adjust them = if differences are significant then conference committee set up

Question 53

What are the differences in the legislative process in each chamber?

Answer 53

- 2 yr HoR gives more urgency than 6yr Senate - HoR members have only 1 major committee assignment - more policy specialists, unlike Senators who are on several committees more likely to be generalists

Question 54

What happens if there is a tied vote in each house?

Answer 54

HoR - bill is defeated | Senate - tied vote the vice president has a casting vote

Question 55

How are amendments done up in each house?

Answer 55

HoR - hard bc most bills given closed rules | Senate - amendments are much easier to achieve

Question 56

How is debate conducted in each house?

Answer 56

HoR - debate limited to 1 hour and strict limit on length of speeches controlled by bill managers Senate - no limits on speeches allows for opporunities to delay and filibuster

Question 57

How does each house deal with discharge?

Answer 57

HoR - discharge process limits power of standing committee to refuse to report out a bill Senate - no discharge process - enhances standing committees to block bills

Question 58

Hows use of conference committees been used

Answer 58

declined over past 20 years - 113th congress had just 2

Question 59

When did decline of conferece committees come through?

Answer 59

republicans in 1995 when it had control of both houses began to use a more ad-hoc approach where 1 chamger was asked to endorse legislation passed in other chamber ‘ping ponging’ became more common

Question 60

What are the 4 options presidents have once they have the bill?

Answer 60

- Signing the bill into law - Leaving the bill on his desk - Regular veto - Pocket veto

Question 61

What does leaving the bill on presidents desk mean?

Answer 61

President may decide to do this when he takes no position or wants to veto but knows its pointless - bills will become law without his signature within 10 ccongressional days

Question 62

What happens when the president vetos a bill

Answer 62

Congress has 3 options: - Could put right the 'wrongs' identified by president (unlikely as congress already knows) - Override veto (requires 2/3 in both houses) - Congress holds the L

Question 63

Whats the most likely option congress firms when president vetos

Answer 63

Holds rthe L - does nothing - stacks are against them

Question 64

How many vetoes in Trumps reign?

Answer 64

10

Question 65

Whats a pocket veto

Answer 65

A veto power exercised by the president at the end of | a legislative session whereby bills not signed are lost.

Question 66

How many votes did Obamas healthcare reform bill take

Answer 66

3 in House, 3 in senate

Question 67

Why is it so difficult to get bills through congress?

Answer 67

- Need for supermajority sometimes (filibuster bro) - Both houses are equal - Negative bias in legislative process - too complicated, can easilt get fucked - POwer in ocngress is decentralised, standing committees and chairs

Question 68

What did senate majority leader Bob Dole once describe himself?

Answer 68

Majority pleader

Question 69

What are the functions of congress again?

Answer 69

representation Legislative Oversight

Question 70

Is congressional oversight explicitly in the constitution

Answer 70

lol no

Question 71

What powers do Congress have to overight?

Answer 71

hold individuals in contempt tif they fail to comply with congresses demand for information to make it illegal to lie to congress - senates power to confirm presidential nominations and power to ratify treaties

Question 72

Oversight

Answer 72

Congressional review and investigation of the activities | of the executive branch of government

Question 73

When is congressional oversight effective

Answer 73

When congress is not controlled by the presidents party - example of this is almost all example of senates rejection of presidential nominations have come when presidents party not incontrol of denate

Question 74

Whats an example of shit congressional oversight over president when same party in cotnrol of exec and legislative

Answer 74

Congressional oversight was light and non0existant, until 2006 when Democrats controlled Congress

Question 75

Whats it called when congressional oversight is lacking

Answer 75

Lapdog or rubber stamp

Question 76

How many committees investigated what happened in Benghazi in 2012

Answer 76

8 committees, mainr eason for this oversight acitivity was Clinton who was secretary of state at the time but was running for president in 2016

Question 77

What is the effectiveness of congress' oversight role dependent on?

Answer 77

- Party Control (divided gov't = more oversight) - Popularity of Presidents - unpopular president can get fucked by congress - Size of Presidents mandate (Reagan in 1984) less vulnerable than Trump or Clinton - National emergency

Question 78

What are the functions of congress again?

Answer 78

- representation - Legislation - Oversight

Question 79

What does congress' role of representation actually mean?

Answer 79

Either how legislators represent their constituents; or who the legislators are and whether they are ‘representative’ of constituents in terms of, for example, gender and race.

Question 80

Does it matter if 'xyz' isn't fairly represented?

Answer 80

ye; policy implications Academic studies show that women in gov't are more likely taise and tackle issues of civil rights, liberties, education, health, etc/

Question 81

What are the models of representation?

Answer 81

- delegate model | - trustee model

Question 82

Trustee model

Answer 82

``` the legislator (representative) is vested with formal responsibility for making decisions on behalf of others. Such representation is said to be based on ‘mature judgement’. - critics see this model as elitest - most congres members are trustee tho ```

Question 83

Delegate model

Answer 83

A delegate is someone who is chosen to act on behalf of others. Legislators who follow this model would base their decisions solely on the wishes of their constituents. This model is therefore linked to the principle of popular sovereignty, in which the people are sovereign.

Question 84

Pork barrel

Answer 84

A term used to refer to funds provided for superfluous projects in a member of Congress’s state or district.

Question 85

How does congress members fulfil their representative function?

Answer 85

voting on legislation on the floor of the chamber • membership of standing committees of particular interest to their constituents • lobbying executive departments and agencies on relevant policies • performing constituency casework, helping constituents with all kinds of federal matters such as student loans, passport and visa issues, and receipt of federal benefits • trying to gain money and projects to benefit their states or districts

Question 86

Whats happened to pork barrel

Answer 86

Having peaked in 2006, pork barrel politics has tailed off to virtually zero in recent years.

Question 87

Is Congress the ‘broken branch’? | (yes

Answer 87

In terms of legislation, too often characterised by gridlock and inaction • Lack of bipartisanship and compromise • Senate action often frustrated by filibustering or the threat of it • Confirmation of presidential appointments often degenerates into partisan point scoring • Too many uncompetitive seats pushes parties to ideological extremes • Foreign policy checks on the president often ineffective (e.g. declaring war)

Question 88

Is Congress the ‘broken branch’? | no

Answer 88

• Congress passes hundreds of laws each year • Strong on constituency representation and looking after ‘the folks back home’ • Congress alone does not cause gridlock in government • Polarisation in Congress is merely reflective of a polarised country • Has successfully called presidents and their administrations to account • Slowness in Congress is often because of what the Founding Fathers wrote in the Constitution

Question 89

Gridlock

Answer 89

Failure to get action on policy proposals and legislation in Congress. Gridlock is thought to be exacerbated by divided government and partisanship.

Question 90

What factors affect voting?

Answer 90

- Political party - The administration - Pressure groups - Colleagues and staff Personal belief

Question 91

Party unity vote (or party vote)

Answer 91

A vote in the House or Senate in which the majority of one party votes against the majority of the other party. - usually happens in contentious, ideological matter like civil liberties, taxation, etc

Question 92

How strong is the whip in Congress?

Answer 92

parties have few ‘sticks’ or ‘carrots’ to encourage party voting. Sticks such as the threat of de-selection do not work in a system in which voters decide on candidates in primary elections. Carrots such as executive branch posts do not work in a system of ‘separated institutions’, in which posts in the executive and legislature do not overlap.

Question 93

Whats happened to party votes?

Answer 93

15 years ago - around half votes were party votes | Last decade has seen a significant increase in party votes but has started to slowly decrease - from Obamas tenue

Question 94

What are party unity votes dodgy?

Answer 94

In the Senate, five Democrats had perfect unity scores, all but one of them either declared or potential 2020 presidential aspirants - cory booker, warren

Question 95

Why do party labels not mean shit?

Answer 95

Moderate Republicans like Senator Susan Colins of Maine, often vote with democrats

Question 96

Why is bipartisanship decreasing

Answer 96

“The two-party system is yielding a lot of leaders who don’t see the incentive to compromise, don’t see the incentive to negotiate and actually solve the nation’s problems,” he said. “On the contrary, they like to leave the challenges unsolved. That way they can exploit them come campaign season.”

Question 97

The Office of Legislative Affairs

Answer 97

serves as primary liaison to Members of Congress and their congressional staff. The office responds to inquiries from Congress; notifies Congress about Department initiatives, policies, and programs; and keeps the Department's senior leaders informed about the activities of Congress and departments

Question 98

Example of bipartisanship

Answer 98

House Republicans join with Democrats to override Trump's veto of defence bill

Question 99

How administration affects voting

Answer 99

Any persuasion needs to be regular, reciprocal and bipartisan. It is important that members of Congress are approached not only just before an important vote comes up. It is important, too, that those from the departments and the White House are willing to do favours in return, offering a two-way street of mutual cooperation.

Question 100

How do pressure groups affect voting?

Answer 100

hey make direct contact with members as well as with their staff. They attempt to generate public support for their position. They make visits and phone calls, provide evidence to committees, organise rallies, demonstrations and petition drives, and engage in fundraising and campaigning. - do up Turkish lobbying groups and Ilhan Omar on armenian genocide