Congress Examples

Question 1

Example of impeachment on President

Answer 1

In December 2019, House Democrats voted to impeach Trump on the charges of abusing his power by withholding military aid as a means of pressuring the Ukrainian president to investigate his rival Democrat Joe Biden to assist his re-election.

Question 2

Example of Congress’s role of approving presidential appointments

Answer 2

In 2016, Senate Majority Leader Mitch McConnell rejected Obama’s Supreme Court nomination of Merrick Garland on the basis that the next SCOTUS justice should be chosen by the next President to be elected later that year.

Question 3

Example of judicial review (Executive)

Answer 3

In the case of State of Washington v Donald J. Trump (2017), the federal courts placed a temporary restraining order on Trump’s executive order that banned people from 7 Muslim-majority countries from entering the US.

Question 4

Example of Congress as a lap-dog

Answer 4

Trump’s closed-door talks with Putin in Helsinki (2018), during the Mueller Investigation, only briefly aroused the Senate Foreign Relations Committee.

There was only 1 combative hearing with Secretary of State Mike Pompeo (July 2018), before the Senate Foreign Relations Committee regarding the Trump administration’s hurried approach to foreign relations in terms of Russia and North Korea.

Question 5

How can the President bypass the need for Congress to ratify treaties?

Answer 5

Through executive agreements which are not only politically binding, but do not require ratification

Question 6

Example of Presidential veto

Answer 6

In July 2019, Trump vetoed a trio of congressional resolutions aimed at blocking his administration from selling $8.1 billion of weaponry to Saudi Arabia and the UAE.

Question 7

How many EOs did Trump issue in 2019?

Answer 7

45

Question 8

Example of judicial review (Legislature)

Answer 8

In Obergefell v Hodges (2015), the Supreme Court found state laws banning same-sex marriage to be unconstitutional by a 5-to-4 vote.

Question 9

Example of restricted check on the legislature (Recess appointments)

Answer 9

In NLRB v. Noel Canning (2012) when SCOTUS unanimously ruled that Obama’s appointments of 3 commissioners to the National Labour Relations Board were invalid.

Question 10

Example of restricted check on the legislature (executive order check)

Answer 10

In 2018, the 9th US circuit court of appeals ruled that Trump’s executive order threatening to withhold funding from “sanctuary cities” that limited cooperation with immigration authorities was unconstitutional.

Question 11

Example of Presidential pardon

Answer 11

In 2019, Trump issued a full pardon to his long-time friend and business associated Conrad Black, a former media mogul, who was convicted in 2007 of obstruction of justice and fraud.

Question 12

Example of impeachment on judiciary

Answer 12

In 2010, the House of Representatives impeached federal judge Thomas Porteous for corruption, and following guilty verdicts in the Senate on 4 counts, Judge Porteous was impeached from office later that year.

Question 13

Example of how legislation to overturn judicial decisions through amendments have proven overall successful

Answer 13

6 out of the 27 amendments to the Constitution (over 20%) have occurred due to this.

Question 14

Example of when Congress last implemented an amendment to overturn a judicial decision

Answer 14

The 26th Amendment (1971) which abrogated the decision of Oregon v. Mitchell (1970).

Question 15

Example of separation of powers

Answer 15

Congress passed the Stolen Valour Act of 2005 which punishes those who misrepresent that they have received high military honours.

In United States v. Alvarez (2012), the Supreme Court ruled that the Act was unconstitutional because it infringed on the right to free speech protected by the First Amendment.

As a result of this, President Obama took action within a month of the SC’s decision, establishing a government-funded national database of medal citations to enable verification of military honours.

Question 16

Example of President attempting to expand his authority over the legislature (Trump EO)

Answer 16

In 2017, Trump signed an EO which temporarily suspended immigration from 7 Muslim-majority countries.

Question 17

Example of President attempting to expand his authority over the legislature (Obama EO)

Answer 17

In 2012, Obama created the Deferred Action for Childhood Arrivals (DACA), a kind of administrative relief from deportation to protect eligible immigrant youth who came to the US when they were children, through EO.

In 2014, he also created the Deferred Action for Parents of Americans (DAPA) which granted deferred action status to undocumented immigrants that had children in the US.

Question 18

Example of President attempting to expand his authority over the legislature (Recess appointments)

Answer 18

Obama made 32 recess appointments, all to full-time positions and Bush made 171.

Question 19

Example of President attempting to expand his authority over the legislature (EA)

Answer 19

Obama signed the Paris Agreement in 2016 on climate change as an executive agreement to bypass both Houses which were GOP-held.

Question 20

Example of President exploiting his role as CIC

Answer 20

In January 2020, president Trump ordered the assassination of Iranian Quds Force commander, and arguably second most power figure in Iran, Qassem Soleimani, without consulting Congress.

Question 21

Example of state’s reserved powers being upheld

Answer 21

In the case of Printz v. United States (1997), the Supreme Court struck down provisions of the federal Brady Handgun Violence Prevention Act for unconstitutionally intruding state sovereignty under the Tenth Amendment.

Question 22

Example of ‘supremacy clause’ being upheld

Answer 22

In the case of Arizona v. United States (2012), the federal government argued that several of Arizona’s state immigration laws were pre-empted by federal immigration laws; the Supreme Court agreed 5-3 that 3 out of the 4 state laws were unconstitutional.

Question 23

Example of federal government failing to enforce supremacy clause

Answer 23

Marijuana is currently legal in 11 states for adults over the age of 21, and legal for medical use in 33 states. However, under the Controlled Substances Act (1970), a federal law, the possession and sale of marijuana is illegal.

Question 24

Example of how the Constitution protects rights

Answer 24

In Citizens United v. FEC (2010), SCOTUS ruled that the free speech clause of the First Amendment prohibits the federal government from restricting independent expenditures for political communications by corporations.

Question 25

Example of how the Constitution fails to protect rights

Answer 25

The failure of the Equal Rights Amendment which is/was a proposed amendment designed to guarantee equal legal rights for all Americans regardless of sex, and end the legal distinction between men and women in matters of divorce, property, employment etc… has meant that the Constitution isn’t completely effective in this respect.

Question 26

Example of how the Constitution protects arguably outdated rights

Answer 26

There is growing pressure to redefine the 2nd Amendment as support for stricter gun laws hit its highest level in 2018 in at least 25-years with 2/3 of Americans now saying gun control should be made more strict in the wake of the 2018 Florida school shooting.

Question 27

How do amendments arise?

Answer 27

They are proposed through a 2/3 majority in both houses as well as ratified by ¾ of state legislatures.

Question 28

How many amendments have been successful out of the number of those proposed?

Answer 28

Out of over 5000 amendments proposals, only 27 have actually been ratified.

Question 29

Example of flaw in the amendments process

Answer 29

The 18th Amendment (1920) demonstrates that amendments such as prohibition, which arguably should be organised at a state level and does not have a place in the constitution, can still make an entrance. This becomes especially important when considering that the 21st amendment repealed it just 13 years later.

Question 30

How long has the Constitution existed for?

Answer 30

Over 200 years

Question 31

Example of fossilised Constitution

Answer 31

There is growing pressure to redefine the 2nd Amendment as the support for stricter gun laws hit its highest level in 2018 in at least 25-years with 2/3 of Americans now saying gun control should be made more strict in the wake of the 2018 Florida school shooting.

Question 32

What gives the House exclusive power of impeachment?

Answer 32

Article 2, Section 4 of the US Constitution empowers the House with the ability of removing the President “from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanours”.

Question 33

How does impeachment proceed in the Senate?

Answer 33

Articles of Impeachment passed by the House are then considered by the Senate which formulates the rules and procedures for holding a trial. The trial is then held with the President, with all 100 Senators acting as jury. If the Senate votes in favour of a conviction by a 2/3 supermajority, it will then vote to remove the President from office.

Question 34

What is the average size of a congressional district?

Answer 34

710,767 people

Question 35

Example of House member responding to needs of their constituents

Answer 35

City leaders in Paul Ryan’s hometown of Janesville (Wisconsin’s 1st Congressional District) appealed to him over the city’s antiquated public bus system transit centre. In response, a receptive Ryan secured a $3.8 million grant as well as a $1.4 million stimulus from President Obama in 2012 to demolish and re-construct the centre.

Question 36

What is the average size of a state?

Answer 36

6.3 million people (almost 9 times more than in a congressional district)

Question 37

How much is a Senator's vote worth compared to a House member's?

Answer 37

As there are only 100 senators, compared to 435 members of the House of Representatives, a Senator’s vote is worth 1% compared to a member of the House’s which is worth 0.0023% (435 times less than a Senator’s).

Question 38

What is the 26th amendment?

Answer 38

Passed by Congress in 1971 and which guarantees 18-year olds and above the right to vote and not being denied on the account of age.

Question 39

How often do constitutional amendments occur on average?

Answer 39

Once every 8.5 years

Question 40

Example of hyper-partisanship (Shutdown)

Answer 40

The 115th Congress ended without the approval of 25% of government spending (including $5 billion to build the US-Mexico border wall) by the Democrats, resulting in the longest government shutdown in US history (35-days).

Question 41

Example of hyper-partisanship (Impeachment)

Answer 41

In Trump’s impeachment vote in the House, not a single Republican voted against him whilst 228/229 of the 232 House Democrats voted for impeachment.

Question 42

Example of hyper-partisanship (Trump policy)

Answer 42

Trump’s Tax Cuts and Jobs Act (2017) was essentially voted for by nearly all Republicans in the House and Senate, and all Congressional Democrats voted against it.

Question 43

Example of hyper-partisanship (Obama policy)

Answer 43

In Obamacare’s Senate vote, all Democrats voted in favour of it and all present Republicans voted against it.

Question 44

Example of bipartisanship (Opium)

Answer 44

The bipartisan SUPPORT Act (2018) which increases access to medical treatment for opium addition and strengthens efforts to combat the opioid crisis.

Question 45

Example of bipartisanship (Shutdown)

Answer 45

The Bipartisan Budget Act of 2018 ended a 9-day government shutdown in January 2018, being negotiated by Senate Majority Leader Mitch McConnell (Rep) and Minority Leader Chuck Schumer (Dem).

Question 46

Example of bipartisanship (Campaign funding)

Answer 46

The Bipartisan Campaign Reform Act of 2002, endorsed by Senators John McCain (Rep) and Russ Feingold (Dem) sought to end the influence of corporations on federal elections.

Question 47

How much did Facebook spend lobbying Congress in 2018?

Answer 47

$12.6 million

Question 48

How much did Lockheed Martin spend lobbying Congress in 2018?

Answer 48

$13.2 million

Question 49

How much did Northrop Grumman spend lobbying Congress in 2018?

Answer 49

$14.4 million

Question 50

Example of success of pressure groups in Congress (1)

Answer 50

The 21st Century Cures Act (2016) which speeds up drug and device regulatory approval and approves money to help fight opioid addition was lobbied on by over 400 separate lobby groups such as AdvaMed and the Pharmaceutical Researchers and Manufacuters of America.

Question 51

Example of success of pressure groups in Congress (2)

Answer 51

In 2016, lobby groups such as Johnson & Johnson and the American Medical Association were also successful in influencing Congress to allocate $1.1 billion to fight the spread and effects of the Zika virus.

Question 52

Example of revolving door

Answer 52

Nearly 2/3 of recently retired or defeated US Congressmen now working outside politics having landed jobs to influence federal policy (e.g. Rep. Lynn Jenkins and Senator Jon Kyl)

Question 53

Example of transparency in lobbying

Answer 53

Lobbying Disclosure Act of 1995

Question 54

How much is the US lobbying industry worth?

Answer 54

Nearly $3.5 billion

Question 55

Example of factional divide within the Democrat Party

Answer 55

The most liberal Democrats (Congressional Progressive Caucus) wanting to introduce single-player healthcare, whilst the more conservative Democrats (Blue Dog Democrats) who mostly represent Southern states, have long been critical of such plans. As a result, Obamacare (2010) modified, rather than replaced, America’s private healthcare system.

Question 56

Example of factional divide within the Republican Party

Answer 56

In 2017, the American Health Care Act, the House Republican bill to repeal and replace the Affordable Care Act, was withdrawn by Republican House Speaker Paul Ryan because it lacked the votes to pass, due in large part to opposition from House Freedom Caucus Republicans.

Question 57

Example of incumbency advantage for Congressmen

Answer 57

Since 1964, voters have sent their incumbent House representative back to Washington 93% of the time, and Senators 82% of the time.

Question 58

Example of reason for incumbency advantage (Earmarks)

Answer 58

Daniel Inouye (Senator of Hawaii for nearly 50 years) regularly passed earmarks for funding in his state, including military and transportation spending.

Question 59

Example of reason for incumbency advantage (Funding)

Answer 59

Incumbents tend to be far more effective at fundraising: during the 2016 election cycle, incumbent senators raised 7 times more than their opponents and incumbent representatives 8 times.

Question 60

Example of President performing poorly at mid-terms (Loss of seats)

Answer 60

In the 6 mid-terms between 1994 and 2014, the President’s party lost an average of 25 House seats and 5 Senate seats.

Question 61

Example of President performing poorly at mid-terms (Approval and loss of seats)

Answer 61

According to Gallup, Presidents with an approval rating of below 50% have seen their party lose 37 House seats on average. Even among Presidents with approval ratings higher than 50%, the average number of seats lost is 14 with only Clinton (1998) and Bush (2002) having seen their party gain House seats.

Question 62

Example of President performing well at mid-terms

Answer 62

The 2018 midterms election was not a disaster for Trump like it usually is for the President’s party, with the Republicans strengthening their control over the Senate (winning 2 more seats). In addition, in 2002, Bush actually won 8 House seats and 1 Senate seat and Clinton won 5 House seats and lost no Senate seats in 1998.

Question 63

Example of redistricting

Answer 63

In 2016, there were 4 times as many states with Republican-skewed House districts or Assembly districts than Democratic ones, as a result, the GOP won as many as 22 additional US House seats over what they had been expected based on the average vote share in congressional districts across the country.

Question 64

Example of redistricting district

Answer 64

North Carolina’s 12th congressional district, which between 2003 and 2016 was an example of packing where a type of voter is deliberately concentrated into a single electoral district to reduce their influence in other districts. In this case, the district has predominantly African-Americans who vote for Democrats.

Question 65

Example of redistricting being flawed (Ohio)

Answer 65

In May 2019, Ohio’s congressional map was struck down by federal judges who explained how it was rigged to ensure that 12 out of the states 16 seats in the House would go to Republican’s despite voters’ fairly even red-blue divide.

Question 66

Example of redistricting being flawed (SCOTUS)

Answer 66

In Miller v. Johnson (1995), SCOTUS ruled that racial gerrymandering is a violation of constitutional rights and upheld against redistricting purposely devised based on race.

Question 67

Example of Congress being legislatively active

Answer 67

The 115th Congress (2017-19 session) was more legislatively active than its recent predecessors. Enacted 442 public laws, the most since the 110th Congress (2007-09).

Question 68

Most important Trump legislation

Answer 68

The $1.5 trillion Tax Cuts and Jobs Act, passed in December 2017, repealed the tax intended to enforce the 2010 Affordable Care Act’s mandate that most Americans carry health insurance.

Question 69

Example of Congress not being as legislatively active

Answer 69

Nearly a 1/3 of laws passed by the 115th Congress = ceremonial (i.e. renaming buildings, awarding medals, designating special days) in nature; it the third Congress in a row in which the ceremonial share increased.

Question 70

Example of power of the purse (Trump)

Answer 70

The 115th Congress ended without the approval of 25% of government spending (including $5 billion to build the US-Mexico border wall) by the Democrats, resulting in the longest government shutdown in US history (35-days).

Question 71

Example of power of the purse (states)

Answer 71

In 1984, Congress passed the National Minimum Drinking Age Act which withholds 10% of federal funds for highways in any state that did not raise the drinking age to 21.

Question 72

Example of power of the purse being thwarted (Trump)

Answer 72

Despite Congress thwarting the President’s spending plans, the latter is able to override this check on his power by declaring a national emergency to override Congress. For example, Trump declared a national emergency on the border with Mexico in February 2019 in order to gain access to billions of dollars (from defence) that Congress refused to grant him to construct a wall there.

Question 73

Example of power of the purse being thwarted (SCOTUS)

Answer 73

The power of the purse was further curtailed in NFIB vs. Sebelius (2012), when which the Supreme Court ruled in 2012 that the Obamacare's withholding of existing Medicaid funding for states that failed or refused to expand their Medicaid programmes to cover the uninsured poor was unconstitutional.