Congress Flashcards
(143 cards)
1
Q
What branch is congress?
A
The legislative branch - makes laws
“All legislative powers herein granted shall be vested in the Congress of the United States”
2
Q
What are the Midterm elections?
A
Elections to Congress - held in the middle of a presidential term
voters decide who will be chosen for a seat in the primary elections
3
Q
What is the structure of Congress?
A
Bicameral - there are 2 houses
The House of Representatives and the Senate - they are equal for a bill to become law it has to be passed with a simple majority in both houses
both Houses are elected
4
Q
What is the membership of the House of Representatives?
A
435 - states are awarded seats in proportion to their population size
California has 53 but Wyoming has 1
*each congressmen will represent a congressional district within that state
5
Q
What is the membership of the Senate?
A
100 members, each state has two senators
6
Q
How long do House Representatives serve for?
A
2 years
7
Q
How long do senators serve for?
A
6 years - election cycle every 2 years 1/3 of the senate is up for re-election
8
Q
What are the requirements to serve in the House of Representatives?
A
Must be 25 years or older and been a US citizen for 7 years
9
Q
What are the requirements to serve in the Senate?
A
Must be 30 years or older and been a US citizen for 9 years
10
Q
What are the steps for a bill to become law in Congress?
A
- Introduced in House/Senate.
- Committee review and amendments.
- Debate and vote in first chamber.
- Considered in other chamber.
- Conference Committee if needed to reconcile differences.
- President’s action: signs, vetoes, or does nothing.
- Veto override: Congress can override with 2/3 majority.
11
Q
What are the key roles in Congress?
A
- Speaker of the House - maintains order in congress
- House majority leader/House minority leader
House majority and minority whips - Senate President - vice president - only cast a vote when their is a tie
- Senate majority leader/senate minority leader
- Senate majority/minority whips
12
Q
What is the power of impeachment?
A
To formally charge an elected official with a high crime or misdemeanour serious enough to remove them from office
13
Q
What powers does the House of Representatives have?
A
beginning consideration of money bills - any bills to do with raising revenue through tax, public spending all have to begin in the House
Chose the president - if no candidate wins the majority of electoral college votes the House has to elect the president
Bring charges of impeachment - the House has the power of impeachment (to charge the President etc) - Trump 2019 (obstruction of congress), 2021 (inciting an insurrection)
14
Q
What powers does the Senate have?
A
- Ratifying treaties - the Senate has to approve any treaty that the President negotiates with a foreign power by a 2/3 majority
- Electing the VP
- Confirm executive appointments - any appointments made to the judiciary, executive branch have to be confirmed in the senate by a simple majority e.g. 2018 Sec of State Rex Tillerson was replaced with Mike Pompeo (57-42)
- Trying impeachment cases - they have the power to determine whether the person the House has accused is guilty - if they are found guilty by 2/3 majority they are removed from office
*Trump 2019, 2021
15
Q
What is senatorial courtesy?
A
The President can speak to a senator from his party from a particular state before making a nomination to fill a vacancy in the federal trial courts
16
Q
What are the powers that are shared by both the House of Reps and the Senate?
A
- Creating legislation
- Oversight of the executive branch
- Overriding the president’s veto
- Constitutional amendments
- Declaring war
17
Q
What are the three key functions of Congress?
A
- Legislation
- Representation
- Oversight
18
Q
What are the two models of representation?
A
- Delegate - the representative does what their constituents tell them to do rather than what they think they should do
- Trustee - legislators are trusted by their constituents to make decisions on their behalf based on what they think is the best choice
19
Q
What party controls the Senate and what’s the majority?
A
Republicans won the Senate by 53-47
20
Q
What’s the problem with the current Senate composition?
A
It’s well short of the votes 60, now traditionally needed to evade the filibuster.
21
Q
Who are the Senate Republican ‘trouble makers’ for Trump?
A
- Susan Collins (Maine)
- Lisa Murkowski (Alaska)
- Shelly Moore Capito (WV)
22
Q
Which confirmation drop were the Senate largely responsible for?
A
Matt Gaetz as Attorney General
23
Q
What is an example of 2 controversial picks by the Senate?
A
- Pete Hegseth - Sec state of defense - alcoholism/dugs
- Robert F. Kennedy Jr - Sec state of health and human services - anti-vaxx
24
Q
What party controls the House and what’s the majority?
A
220-213
25
What's the problem with the current House composition?
Slim majority means Trump may have to negotiate with Republican Study Group and Main Street Partnership
26
Who's the current speaker of the House?
Mike Johnson
27
Who's the majority and minority leader of the House?
Majority = Steve Scalise (R)
Minority = Hakeem Jefferies (D)
28
Who's the current speaker of the Senate?
Chuck Schumer
29
Who's the majority and minority leader of the Senate?
Majority = John Thune (R)
Minority = Chuck Schumer
30
Why does Elon Musk drastically reducing the federal govt through firing employees in an efficiency drive, cause problems for Trump?
Many w/c Republicans work for the federal govt.
31
How many women in Congress?
Women in Congress
1. House: 125 women (29% of the chamber)
2. Senate: 26 women
32
How many minority members in the House compared to the Senate?
House: 121 minority members, Senate: 12 minority members
33
How many LGBT members in the House and Senate?
House: 12 representatives, Senate: 1 senator
34
In 2024 election, what percentage of incumbent representatives were re-elected?
90% or more of incumbents won re-election in 45 states.
35
Name a reason why incumbents are more successful than their challengers
They have more name recognition and seniority in congress
- Can use examples of how they have served their constituency
36
What are the reasons why incumbents have such a large advantage?
Fundraising advantage - incumbents are more likely to win statistically - so they are able to raise the most money - which makes it easier for them to win (spend more on buying air time, media ads, bumper stickers)
37
What is pork barrel politics?
When politicians spend their tax payers money on their projects in their constituency to get their support for re-election / adding amendments to legislation
38
Why can pork barrel politics backfire?
People can be critical of the government wastefully spending their money - such as the 2022 Citizens Against Government Waste (CAGW's) Congressional Pig Book
*exposed $18.9billion dollars of spending
39
How does gerrymandering impact congressional elections?
Who-over controls the state legislature (the governor) and every 10 years they can redraw state boundaries to give their party's an advantage
- 2020 Democrats North Carolina
40
Why can pressure groups be seen to undermine the representative function of Congress?
Members of Congress 'represent' pressure groups who fund them.
E.g. Members of Congress who receive large donations from the NRA often oppose gun control legislation.
- Bipartisan Background Checks Act (2019).
- Passed the House but stalled in the Senate, where many NRA-backed Senators refused to bring it to a vote.
41
Why can pressure groups be seen to undermine the representative function of Congress? - COUNTER ARGUMENT
Usually pressure groups like the National Rifle Association support members whose constituents support their aims
42
How is gerrymandering carried out?
Gain control of state legislatures - constitution grants them power over electoral regulations - change boundaries
43
What are the 6 stages of the legislative process?
1. Introduction
2. Committee stage
3. Timetabling
4. Floor debate and vote on passage
5. Conference committee (optional)
6. Presidential action
44
Why did the Founding Fathers design the legislative process in this way?
Feared tyranny and wanted a limited government.
45
How many bills get passed on average?
2-3% - Too limited so becomes an ineffective gov?
46
What committee decides the future of the bill and what happens at this stage?
House Rules Committee. Most fail here and are many are pigeon holed
47
What happens to those that have a measure of support from Congress, administration or interest groups?
They are given hearings and sent to the relevant Standing Committee.
48
What are committee members regarded as?
Policy specialists. They have full amendment powers at this stage. Subject to balance rule
49
What do the Appropriations Committee do?
Award funding for a bill and are very powerful
50
What can the Senate do to avoid bills being killed before the debate even begins?
Make use of unanimous consent. Can speed up the process but even one senator can block unanimous consent.
51
How is a bill passed during the floor debate in the House?
Simple majority vote.
52
How can filibusters be stopped?
Motion of cloture. Signed by 16 and voted on by 60.
53
When are filibusters heavily used?
During times of hyper partisanship. 2021-22 - under 300 motions of cloture.
54
How is a bill passed during the floor debate in the Senate?
Supermajority, contrary to intentions of the FF
55
Examples of filibusters.
1. For the People Act
- Senate filibuster (sanders spoke from 10.25am to 7pm)
2. Cory Booker (not really a filibuster but 25hr speech designed to obstruct passage of a bill in Republican controlled Senate
56
What's the conference committee and an example?
Occurs when each house passes diff versions of the same bill.
- 2021 National Defense Authorization Act (NDAA) - particularly regarding the military withdrawal and base renaming.
57
Why can irrational legislation emerge from Congress?
Political divisions can lead to legislations that prioritises party interests over rational policy making due to increased partisanship.
58
Examples of Presidential Action.
1. Signing into law bills they support.
2. Leaving it on the desk - becomes law in 10 days
3. Regular veto or threat of it
4. Pocket veto (end of congressional term)
5. Tries to override the veto or accept veto (most likely accept)
59
What was the The Bipartisan Safer Communities Act 2022?
- Federal gun legislation
- Improve community safety through a combination of mental health support, gun control measures, and violence prevention programs.
60
What are 4 successes of the Bipartisan Safer Communities Act 2022?
1. Leg can be successfully passed. 65-35 Senate, 234-193 House.
2. Bill not subject to filibuster. 14 HRs and 15 SRs crossed the House shows bipartisanship can happen
3. Mitch McConnell coordinated vote knowing who may be willing to vote for it. Consistent with SoP
4. Gun Control Groups spent 13.7m
61
What are 4 failures of the Bipartisan Safer Communities Act 2022?
1. Watered down proposal. No weapons banned or flag laws introduced
2. 45 SRs retired and none seeking re election in 2022
3. Shows presidential weakness. Had a mandate but forced to use the 'bully pulpit'
4. NRA donated 30m to Trump in 2016. 13.7m is 4% of NRA budget 2013. NRA claimed bankruptcy.
62
What was the original plan for the Build Back Better and Inflation Reduction Act?
1. American Rescue Plan - Covid relief bill
2. American Jobs Plan - address long neglected infrastructure needs + effects of climate change
3. American Families Plan - social policy initiatives (paid parental leave)
- ARP passed in 2021 - $1.9TRN
63
Who opposed the original plan for the Build Back Better and Inflation Reduction Act?
Joe Manchin ( Democrat + WV ) & Krysten Synema (Democrat + AZ)
64
Why did Manchin oppose the original plan for the Build Back Better and Inflation Reduction Act?
- Manchin business - coal and steel in WV
- Insisted on drilling rights in Alaska and Mexico to be granted.
- Funding for student loans child care axed
- Subsides for coal mines with 'black lung'
- If govt wants more renewable energy on public land it must grant oil and coal leases first
65
Why did Synema oppose the original plan for the Build Back Better and Inflation Reduction Act?
- Synema insisted on plans to reduce tax loopholes were taken out of the bill and AZ traditionally red not blue
- Received 3rd highest donations from finance and credit card companies
66
What did the Build Back Better and Inflation Reduction Act eventually pass as?
Inflation Reduction Act 2022 - 51/50 with all Republicans against and all Democrats in favour
67
How does DOGE affect Mike Johnson's constituents and Republican base voters?
DOGE began to axe federal jobs - Louisiana. Affecting base.
68
What are the three points if given an essay on 'Is the legislative function fit for purpose?'
1. Can high quality legislation be developed
2. Does the legislative process allow for effective government
3. Is the process democratic?
69
What's the YES argument for 'Can high quality legislation be developed?'
C+B means legislation carefully considered. Affordable Care Act and Trump's American Care Act (which failed) - though controlled both cambers.
- Bills not rushed through by dominant executive esp in divided govt
70
What's the NO argument for 'Can high quality legislation be developed?'
Process is so fragmented - no rational overview. Amendments often make no sense in relation to the bill. Immigration and Defence budget - tagged on funding for Israel + Ukraine. Unified govt can mean ill considered bills.
71
What's the YES argument for 'Does the legislative process allow for effective government?'
1. Emergency bills are passed.
- Cares Act - provided COVID economic relief - $2.2 trillion
- Debt Ceiling Act 2023. - passed legislation to raise the debt ceiling, preventing a potential government default. Despite partisan disagreements.
2. Effective govt doesn't mean passing laws.
- Limited govt = FF intention. Process supposed to be challenging to encourage bipartisanship. Bipartisanship Safer Communities Act. ( gun safety law )
- Encourages compromise and find common ground
- Inflation Reduction Act, Manchin and Synema
72
What's the NO argument for 'Does the legislative process allow for effective government?'
Legislative process now too sclerotic and partisan. 2-3% is not a success. Its now a ;do harm congress' - Violence Against Women Act.
Federal shutdowns always a possibility. OCCURED IN 2018/19 over Trump's Wall which Pelosi refused to fund
73
What's the YES argument for 'Is the process democratic?'
Both House and Senate are elected and are able to influence legislation equally. Avoids tyranny of the majority due to 2SR.
Ear marking legitimate and shows flexibility
- Bicameral Structure Ensures Broad Consensus - Bipartisan Safer Communities Act (2022
74
What's the NO argument for 'Is the process democratic?'
1. Grid lock and partisanship
- The DREAM Act. provide a pathway to citizenship for undocumented immigrants brought to the U.S. as children.
- Consistently failed to pass due to partisan divisions on immigration reform. Republican opposition and the inability to overcome the Senate filibuster.
2. Localism at the expense of the national picture. Manchin/Synema - pork barelling - Build Back Better
75
What structural factors limit party leadership in Congress?
Seperation of powers, Federalism, Bicameralism
76
How does the seperation of powers limit party leadership in Congress?
president limited powers even if same party as majority leaders. Concerned w folks back home - immune to patronage powers, no recognised party leader = party control weak
77
How does the federalism limit party leadership in Congress?
Party leader in Congress have little to no control over whats going on in 50 states parties across country
78
How does the bicameralism limit party leadership in Congress?
Party leaders operate only within their own chamber
- Biden trying to convince moderate democrats to pass BBB in full. House Speaker Mike Johnson trying to get the House Freedom Caucus republicans to pass the Ukraine Budget. Senate majority leader Mitch McConnell unable to convince 3 Senators to repeal ObamaCare when Trump became President
79
What has strengthened party leadership in Congress since the 1990s?
- Polarisation and hyperpolarisation on big 'ticket items'
- The nationalisation of party campaigns
80
What is Newt Gringrich's four wedge issues that he argues all Republicans agree on?
1. No gun control
2. Pro life/anti abortion
3. Anti immigration
4. Anti homosexual
81
What factors limit the effectiveness of congressional oversight?
1. Imperial presidency theory
2. Presidents unilateral foreign policy power
3. Presidents power such as veto
4. Unified government in which the President holds a majority in the House and Senate
82
What are 3 arguments that Congress fulfils its oversight functions effectively?
1. Congress has legislative power and can reject or amend a presidents legislative agenda
2. Congress can declare war - can deny the Presidents right to initiate military action
3. Congressional committees can investigate any aspect of the presidency - direct questioning of members of the executive
83
What are 3 arguments that Congress doesn't fulfil its oversight functions effectively?
1. Presidents can use EOs to bypass Congress and Presidents with majority - high partisanship
2. President can use EAs to bypass need to ratify treaties, can use military power without permission
3. Congressional committees can be dominated by the Presidents party - lack of scrutiny - escape oversight
84
What are 3 arguments that Congress fulfils its constitutional powers effectively?
1. Congress can and does pass legislation in times of crises. As C+B lead to high scrutiny
2. Foreign policy - major influence - National Defence ACT. Can halt military action - controlling Presidents exclusive power
3. Senate used ability to reject presidential treaties. Blocked presidential nominations to the executive and judicial branches.
85
What are 3 arguments that Congress doesn't fulfil its constitutional powers effectively?
1. Leg power - excessive c+b + seperation of powers make Congress an ineffective body. Fails to legislate and produce good quality legislation
2. Foreign policy - Congress - passive and reactive - defer to president
President - quick and secretive
3. Exclusive powers - Senate rarely rejects treaties negotiated by a President and easily bypassed using executive agreements.
86
What is the The Blue Dog Coalition?
The Blue Dog Coalition of moderate and conservative House Democrats from swing districts raised concerns about the overall cost of the ACA and specific provisions like the individual mandate requiring all Americans to purchase insurance.
- Joe Manchin who is viewed as a Blue Dog due to his 60% Party Unity score and his voting record where he has consistently voted against his party in favour of the republicans.
87
What's the New Democrat Coalition?
This pro-business, centrist Democratic group favoured market-based approaches over expansions of government-run programs.
They aligned more with the Blue Dogs in opposing the public option pushed by progressives as anti-competitive.
But some New Democrats like Ron Kind also had reservations about the individual mandate's impact on employers and the private insurance market.
88
Example of the House holding the ‘Power of the Purse’
Only the House can control the actions of another group by withholding funding, or putting stipulations on the use of funds.
Border Wall Funding Battles (2018-2019) - The Democratic-controlled House used its spending power to deny funding for Trump's proposed border wall, leading to a 35-day government shutdown.
89
Factors that influence the relationship between Congress and the presidency
Party Control, Party polarisation, Policy area, Election cycle, Presidential approval rating, Congressional approval rating, National events
90
What is the evidence to suggest that congressional oversight of the executive is only really effective when Congress or one house of congress is not controlled by the President’s party.
Obama’s nomination of Merrick Garland to the Supreme Court in 2016 was defeated by the Republican controlled senate
91
Example of times of united government, oversight can drop significantly.
This happened during George W. Bush’s 8-year term, where congressional oversight was often non-existent.
From homeland security, to the conduct of the Iraq war, from allegations of torture at Abu Ghraib to the surveillance of domestic telephone calls by the National Security Agency (NSA), Congress had mostly ignored its responsibilities.
92
What does party polarisation cause a strain on?
The relationship between parties and the president.
- Exacerbated in times of divided government
93
Examples of times of bipartisanship which enable a working relationship between congress and the president.
This was shown in the Coronavirus Aid, Relief and Economic Security Act (CARES) in 2020, the Bipartisan Budget Act in 2013, and the 21st Century Cures Act (2016).
94
Why is Congress's ability to influence the president is greater for domestic policy than it is for foreign policy?
In areas of foreign policy, the president often uses executive agreements to circumvent the senate.
This was shown by Obama passing the Joint Comprehensive Plan of Action in 2015 concerning the Iranian nuclear programme with very little oversight from the senate.
Similarly in 2018, Trump was able to abandon the Iran Nuclear Deal with little insight from the Senate.
95
Examples of Congress having much more influence on the president in terms of domestic policy.
This was seen when Obama was frustrated by Congress which thwarted his attempts to pass legislation on gun control and immigration.
Trump also struggled with Congress over his immigration policies, and also failed to repeal the Affordable Care Act (Obamacare).
96
Why are members of Congress are more likely to please their district/state rather than the president in the run up to the election?
They essentially prioritise their own re-election above the wishes of the president.
97
What's an example of Congressmen/women prioritising their own re-election above the wishes of the president?
Manchin and Synema - Build Back Better
98
What's an example of Congress exerting less influence when approval ratings are high, and more when they are low.
When Obama had high approval ratings early in his presidency, Congress was more likely to support his domestic agenda, including the Affordable Care Act.
- More aligned with his proposals bc of his political strength, reducing the need for them to assert their influence by introducing counter-proposals or amendments.
99
Example of approval ratings of Congress at historic lows.
47% percentage of Americans with very little confidence in Congress in 2021 til beginning of 2022
- Congress was unable to pass the John Lewis Voting Rights Act, which Americans on both sides of the aisle broadly supported passing.
100
Example of in times of national emergency, Congress will not often defer to the President in the short-term.
Congress assisted Trump in passing the CARES act in 2020, but it had also been very critical of Trump’s handling of the crisis.
- Nancy Pelosi - questioned the adequacy of the strategy, especially in light of proposed budget cuts to key health agencies
- Senate Minority Leader Chuck Schumer criticized the administration's emergency funding request of $2.5 billion as insufficient, labeling it "too little, too late."
101
Over the years how has oversight of the executive branch by Congress has come to be seen as?
Implied powers. The Constitution does not grant Congress oversight responsibilities explicitly.
102
What are two Checks by Congress on the President?
Standing committees and Impeachment
103
Where does most oversight of the executive takes place?
Committee rooms
104
What are standing committees?
Standing Committees of congress are permanent policy specialist bodies and can wield a considerable degree of clout.
- Their membership is proportional to the chamber in which it operates.
- These exist in both houses of Congress, and are permanent, policy-specialist committees. There are also sub-committees
105
Examples of Senate standing committees
Agriculture, Nutrition and Forestry, Budget, Judiciary, and Finance.
106
Examples of House standing committees include
Agriculture, Rules, Judiciary, Armed services, and Budget.
107
What are the two functions in both the House Standing committees and the last function in the Senate?
Conducting the committee stage of bills and Conducting investigations
- Senate: Confirming presidential appointments
108
What does 'Conducting the committee stage of bills' include?
- Involves holding hearings on the bill at which witnesses appear. Then decide, via a vote, whether to or not pass the bill onto the full chamber for debate and vote.
-
109
What can 'Conducting the committee stage of bills' act as?
Often this can act as a barrier to Presidents who might wish to introduce legislation through Senators, as their bill might be defeated in the committee stage.
110
What does 'Conducting investigations' include?
This enables congress to fulfil its oversight function.
Investigations are often launched into perceived problems, crises or policy failures.
Questions are raised such as ‘Is current legislation proving effective?’
111
What are examples of the 'Conducting investigations' stage
The House Homeland Security Committee which investigated ISIS in the pacific: assessing terrorism in Southeast Asia.
112
What are the two committees that confirm presidential appointments in the Senate?
Senate Judiciary Committee and the Foreign Relation Committee.
113
What nomination of Obama did the Republican-Controlled Senate Judiciary Committee that refused to hold hearings on?
President Obama’s nomination of Merrick Garland.
114
What Trump nomination was criticised heavily by some Republicans and why?
Amy Coney Barrett
- Confirmed by the Republican-Controlled Senate Judiciary Committee within 2 weeks before the presidential election.
115
Why was Trump nomination of ACB criticised heavily by some (and which) Republicans?
- For inconsistent decisions on hearing and confirming nominees under similar circumstances (near the presidential election period).
- Criticised by some Republicans including Sen. Susan Collins, Sen. Lisa Murkowski, and Sen. Mitt Romney
116
Who was the most recent impeachment?
Donald Trump, which happened twice - (2019 and 2020). However, the Senate acquitted on all four occasions.
117
What does the failure of impeachment show?
The failure to convict any of the presidents is evidence that impeachment is an ineffective power.
118
Example of The president veto 'ing laws
Trump vetoing the Iran War Powers resolution (May 2020).
119
Example of Congress overriding vetoes by gaining an agreement of a supermajority (⅔ of the congresspersons) and what does it show?
Overridden veto by Trump on the National Defence Authorisation Act (NDAA) in 2021.
- Showing that the Congress can balance the executive formal power on influencing legislation.
120
Example of the President bypassing Congress’s power of ratifying treaties by signing executive agreement
The withdrawal from Paris Accord in 2020 by Trump, and rejoining the Paris Accord in 2021 by Biden.
121
Why can it be argued that executive orders can be restricted especially when it relates to military actions?
The president cannot continue taking military actions or send troops by themself over 60 days without congressional approval, due to the restrictions from the War Powers Resolution 1973 (President cannot declare war).
122
When can oversight drop considerably at times
At times of united government, making checks on the executive weak and ineffective.
123
What are 3 Checks by Congress on the Judiciary?
Constitutional amendments, Impeachment, size of the court
124
How can Congress check the power of the judiciary and overturn a ruling of the Supreme Court?
1. Constitutional amendment - 2/3
2. Pass new law in line w Constitution
3. Reorganise the composition of Court
125
Example of Congress checking the power of the judiciary and overturning a ruling of the Supreme Court by passing a constitutional amendment
Dred Scott v. Sandford (1857) on allowing racial segregation was overturned by the 14th amendment that African Americans are citizens and therefore they enjoy the rights protected by the constitution. (Citizens Clause, Equal Protection Clause)
126
Why do critics argue that Congress power over the impeachment of justices is weak?
Justices have been known to resign before they can be impeached, which brings into question the effectiveness of this check on the Judiciary.
- Example; Thomas Porteous in 2010 for accepting bribes and making false statements under penalty of perjury.
127
Under article III, What does Congress retain the power to? and what would that undermine?
Congress retains the power to change the composition of the court.
- Undermine the independence of the Supreme Court because it would then be possible to change its ideological position.
128
What did Joe Biden promised to appoint to examine whether the Supreme Court should be expanded?
A bipartisan commission
129
Why is the institutional effectiveness of Congress’ abilities to check the power of the Judiciary very limited?
The practical difficulty in enacting constitutional amendments, increasing/decreasing the size of the court, and impeaching justices, makes these largely ineffective at checking the powers of the judiciary.
130
Examples of Congress seeing Supreme Court rulings as controversial, or considering them to be a judicially activist court?
Rulings such as Obergefell v. Hodges (2015) and United States v. Windsor (2013) which both effectively legalised same-sex marriage,striking down the fate of the Defence of Marriage Act (1996).
131
How did Congress play a role in the expansion of the federal government - in both US society and the economy?
It passed legislation often with bipartisan cooperation that recognised the rights of its citizens.
132
Examples of Congress passing bipartisan legislation that recognises rights
- Civil Rights Act (1964) - Prohibited racial, religious, and sexual discrimination and racial segregation in schools.
- Voting Rights Act (1965) - Prohibited discrimination in voting.
- Medicare and Medicaid Act (1965) - The first public healthcare insurance programmes.
- Housing and Urban Development Act (1965) - Provided federal funds for urban renewal.
133
Why can it be argued that Congress was able to pass more bipartisan legislation that protects rights during the 1930s to 80s?
As a result of less ideological difference/party polarisation between the two parties, which made compromises much easier to achieve.
134
Example of Congress not being bipartisan
Congress unable to pass a budget. Continuance Resolution. Chuck Schumer. One-month funding bill that provides more time to negotiate a deal.
- Congress job in Constitution is to pass a budget, power of the purse.
135
Examples of parties refuse to vote for keynote legislation of their opponents.
Republicans - disinterested in cooperating with Obama’s healthcare reforms.
Democrats - disinterested in cooperating with Trump’s tax and jobs reform.
136
3 Representative functions of Congress
- Radical and diverse
- Seperate electoral cycles
- Incumbency
137
How effective is Congress in performing its legislative functions?
Congress still follows the principle of the constitution - Limited government. Only 3% of the proposed bills are passed which shows that the legislative process is complex and difficult for bills to be passed. Ensures bipartisanship.
- This can prevent ill-thought bills or bills that are only in favour of a particular party’s interest or a temporary benefit on an issue (political whim). BBB/Manchin/Synema.
- The House Rules Committee is to timetable the legislative agenda and they can ask the house to amend the bill (especially revenue bills) or they can put the bills behind. So, most of the bills go and die.
138
Example of Congress being increasingly radical and diverse
The Congress is moving away from the ‘Old, Pale, Male’ framework’:
- Average age of the House is 57 (117th: 58), while the Senate is 65 (117th: 65).
- The number of white Rep. is 307 (117th: 319), white Sen. is 88 (117th: 89).
- The number of male Rep. is 310 (117th: 313), male Sen. is 75 (117th: 76)
139
How do Separated electoral cycles in the Congress increase the representation and participation of the electorates?
- House is elected every 2 years, while ⅓ of the Senate is elected every 2 years (6 years needed to have a new Senate).
- Reps and senators are elected in different mandates which can serve different people starting from different periods.
- Bicameral Congress is also elected from congressional districts and states, which can increase the representativeness of the congresspersons that different politicians from their political party can serve them in different levels of interests.
140
Why is Incumbency is a significant factor to determine an electoral success of congressional candidates who seek re-election?
- 94.5% of the Representatives are re-elected and 100% of the Senators are re-elected.
- Due to the name recognition from the pork barrel politics
141
Why do Incumbents face less challenges?
Incumbents face less challenges even when the congressional districts are gerrymandered, and the relationship and networks between media can converse into electoral support.
EXAMPLE: Hakeem Jeffries has the most fundrasion raised with $14 million while running for New York District 08.
142
Why was Trump almost impeached twice?
1. 1st Impeachment (2019) - Abuse of Power and Obstruction of Congress.
- Ukraine scandal which included Trump asking for Zelensky’s assistance to attack Biden (i.e. his presidential rival) by investigating and exposing Biden’s scandals (if there were at that moment)
2. 2nd impeachment - took place in January 2021, after the January 6 Capitol riot. Incitement of Insurrection. Attempting to overturn the results of the 2020 presidential election,
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Example of the role of the House Judiciary Committee
Played a major role in the impeachment of Trump in 2019. It conducted hearings, reviewed the evidence, and voted on the articles of impeachment, which were then passed to the full House for a vote.
