Congress Flashcards
(122 cards)
What type of structure does Congress have?
Congress is a bicameral legislature, with two equal legislative bodies. The House of Representatives (or simply
‘House’) awards political representation to states in proportion to their population - so larger states have more seats. In the Senate, there are two politicians per state, regardless of population, giving a degree of protection to the interests of smaller states.
Term length of senators
6 years
Term length of congressmen
2 years
How many senators are there?
100
How many congressmen are there?
435
How many senators per state
2 per state. Each senator represents the whole state.
How many congressmen per state
Proportional to population
Wyoming: 1
California: 52
What are the mid-term elections?
Congressional and state-based elections held mid way through a president’s
four-vear term.
How often do congressional elections take place?
Congressional elections take place every two years in November. All members of the House are on the ballot, but only one-third of Senators, so the party majority in either chamber can change every two years. Some congressional elections take place at the same time as the presidential election.
However, mid-term elections take place in the middle of a presidential term and occur every four years.
Powers given to Congress in the Constitution (4)
The Constitution awards a number of roles and powers to Congress. Concurrent powers are those given to both the House and Senate, creating yet more checks and balances and power sharing within the Constitution.
-Legislate
-Representation
-Amend the constitution
-Declare war
Origin of Congressional power to legislate
Article I, section 1 states that all legislative powers shall be vested in a Congress. Article I gives Congress the power to overturn a presidential veto with a two-thirds vote in each chamber.
Origin of Congressional power to representation
Article I outlines the need for congressional elections. In the original Constitution the Senate was not directly elected. This was changed by the 17th amendment in 1913.
Origin of Congressional power to amend the constitution
Article V allows Congress to share this role with the states. An amendment requires a two-thirds vote in each chamber of Congress.
Origin of Congressional power to declare war
Article I, section 8. Congress was given the right to initiate military action. There is a constitutional ambiguity here with the president also claiming power to initiate military action.
Exclusive powers of The House (3)
-To impeach
-Elect the president if no candidate has
over 50% of Electoral College Votes (ECV)
-Begin consideration of all money bills
Exclusive powers of the Senate (4)
-Try an impeachment case
-Elect the vice president, if no candidate has over 50% of ECV
-Ratify treaties
-Confirm executive appointments
House power to impeach and examples
Impeachment does not mean removing a politician from office. Rather it means the House wanting to bring formal charges against a public official because, in their view, there is sufficient evidence of
‘Treason, Bribery, or other high Crimes and Misdemeanors? (Article Il, section 4).
Two US presidents (Andrew Johnson in 1868 and Bill Clinton in 1998) and one
Supreme Court justice (Samuel Chase in
1804) have been impeached.
Trump (twice?)
House power to Elect the president if no candidate has over 50% of Electoral College Votes (ECV) and examples
With only two parties seriously contesting presidential elections, it is possible (though unlikely) for each candidate to get 269 ECVs. This power has only been used twice: in 1800 and 1824. Each state has one vote in the House, voting as a bloc.
House power to begin consideration of all money bills
Most legislation can begin in either chamber (many bills effectively pass through both at the same time), but all revenue-raising bills (those imposing taxes) must pass through the House first.
Given the sensitivity of taxing people, the Founding Fathers wanted to give the House, the only elected chamber at the time, more influence over taxation than the Senate. This power is not very significant today as all House decisions still have to be accepted by the Senate, which can amend or reject House
decisions.
Senate power to Try an impeachment case and examples
If the House impeaches a public official there is a trial in the Senate. A two-thirds Senate vote is then required to remove someone from office.
Clinton was impeached but not removed from office, mainly because of the result of the midterm elections in 1998, which saw the Democrats increase their share of seats in the House. The Republican failure to gain seats in the Senate was largely seen as public reaction against the ongoing Republican pursuit of Bill Clinton over the Lewinsky affair. Johnson and Chase survived the attempt to remove them in the Senate.
Trump?
Senate power to Elect the vice president, if no candidate has over 50% of ECV
Much like the House power to select the president, this power has rarely been used.
Senate power to ratify treaties and examples
All treaties negotiated by the president are subject to confirmation by the Senate, requiring a two-thirds vote. Obama achieved ratification of the START treaty in 2010, a deal with Russia to scale back nuclear arsenals. The last Senate rejection was in 2012, of an Obama-backed treaty on disabled rights, which gained the support of only 61 Senators. The role of treaty ratification has been eroded by the president’s use of executive agreements.
Senate power to confirm executive appointments
Over 1200 senior appointments - Cabinet members, some senior members of the EXOP and all federal judges, including Supreme Court justices - are scrutinised, usually through Senate committee hearings, with the Senate having
the right to confirm a presidential nomination by a 50% + vote. This appointment process has become more politicised in recent years, although a president can expect almost all of his or her Cabinet members nominated. The extent of scrutiny depends partly on the nature of party control of the presidency and the Senate.
Info about congressional elections
The frequency of elections means voters’ voices are heard every two years, offering high levels of representation. Congressional elections use the first-past-the-post voting system (FPTP), in which members of both the House and the Senate are elected in single-member constituencies. These are whole states for the Senate (one Senator is usually elected in a state at any one time and districts for the House.
Congressional elections are also subject to primaries, much like presidential elections. A primary contest will only occur within a party when more than one candidate wants to represent the party for that seat.