Legislative Branch Flashcards
(111 cards)
1
Q
What type of structure is Congress?
A
Bicameral
2
Q
What does it mean for Congress to be Bicameral?
A
It means it has two chambers
3
Q
What is the ‘Upper Chamber’ of Congress?
A
The Senate
4
Q
How many members are there in the Senate?
A
100
5
Q
What is the ‘Lower Chamber’ of Congress?
A
The House of Representatives
6
Q
How many members are there in the House of Representatives?
A
435
7
Q
What are the powers that are shared by both the Senate and the House known as?
A
Concurrent Powers
8
Q
What are the six Concurrent Powers of the House and Senate?
A
- Creating Legislation
- Conducting investigations
- Initiating constitutional amendments
- Declaring War
- Overriding presidential veto
- Confirming the appointment of the Vice President in the event of death or resignation
9
Q
What is required for Congress to amend the United States Constitution?
A
A 2/3 majority
10
Q
When was the last time Congress declared war?
A
1941
11
Q
Which major conflicts have occurred since the last time Congress officially declared war?
A
Korea, Vietnam, Iraq
12
Q
What is required for Congress to overturn a presidential veto?
A
A 2/3 majority in both Houses
13
Q
During Obama’s eight years in office, how many of his Presidential vetoes did Congress overturn?
A
One of twelve
14
Q
Which of Obama’s vetoes did Congress overturn?
A
His veto of the Justice Against Sponsors of Terrorism Act which would allow families of victims of the September 11 terrorist attacks to sue the government of Saudi Arabia for any role they may have played in the plot.
15
Q
What are the exclusive powers of the Senate?
A
Ratifying treaties, confirming federal appointments, trying an impeachment case, filibustering
16
Q
What are the exclusive powers of the House of Representatives?
A
The Power of the Purse, electing a president in the case of Deadlock, power of impeachment (accusing and charging).
17
Q
What are the three functions of Congress?
A
Representation, Legislation, Oversight
18
Q
Define representation.
A
Either how legislators represent their constituent; or who the legislators are and whether they are ‘representative’ of constituents in terms of, for example, gender and race.
19
Q
What are three ways that members of Congress can represent their constituents?
A
- Pork Barrel Politics
- Engagement with Constituents
- Representation within Congress
20
Q
What is pork-barrel politics?
A
‘Pork Barrel Politics’ refers to when members of Congress focus their efforts on gaining a portion of Federal Schemes to benefit their Congressional District or State.
21
Q
Why will members of Congress partake in Pork Barrel Politics?
A
Often the public money allocated as a result of Pork Barrel Politics is spent on somewhat unnecessary projects just to win a few extra votes as it plays positively into the representative record of representatives.
22
Q
Why can Pork Barrel Politics be controversial?
A
There are examples of it resulting in corruption and the unfair distribution of public money.
23
Q
What compels Representatives and Senators to engage with their constituents?
A
The rule of locality which means that they must live in the area they represent.
24
Q
When in Washington, how can members of Congress engage with constituents?
A
Keeping in touch by phone and email with their office in the state/district, reading local newspapers, receiving visits, phone calls, letters and emails from constituents.
25
When at home, what are some of the engagements members of Congress will have?
Holding party and 'town hall' meetings, conducting surgeries with individual constituents, making visits around the state/district.
26
Why can representation of constituents be difficult?
- On most issues, constituents' views are likely to be divided, with some in favour and others against.
27
What can Members of Congress do to carry out their representative role in Congress?
Vote on legislation, be members of standing committees, lobby executive departments, perform constituency casework.
28
What is the representative difference between Congress and the general population when it comes to women?
28.4% / 50.5%
29
What is the representative difference between Congress and the general population when it comes to LGBTQ+ people?
2% / 4.5%
30
What is the representative difference between Congress and the general population when it comes to black people?
11% / 14%
31
What is the representative difference between Congress and the general population when it comes to Latino people?
10% / 19%
32
What is the representative difference between Congress and the general population when it comes to people who have a degree?
66.7% / 32%
33
What is the representative difference between Congress and the general population when it comes to the average age?
58 / 38
34
What are the 6 stages a bill can go through in Congress during the legislative process?
1. Introduction
2. Committee stage
3. Timetabling
4. Floor Debate
5. Conference Committee
6. Presidential Action
35
What happens during the introduction stage of the legislative process?
The title of the bill is read out, and bills are then photocopied and circulated to the appropriate members of Congress for reading.
36
What is the most important stage of the legislative process?
The committee stage
37
What happens during the committee stage of the legislative process?
Bills are often 'pigeon holed', meaning no vote is taken on them.
38
What happens during the timetabling stage of the legislative process?
A traffic jam occurs due to the high number of bills waiting to be debated.
39
How do the Senate timetable bills?
By signing a Unanimous Consent Agreement between the Majority and Minority leaders.
40
How do the House timetable bills?
Through the House Rules Committee, which prioritises legislation.
41
What happens during the floor debate stage of the legislative process?
The full chamber debates on the Bill for the first time.
42
What is required to pass a bill in either chamber of Congress?
A simple majority
43
What is a potential delay in the floor debate stage of the legislative process?
Filibustering in the Senate
44
What is the purpose of a Conference Committee?
To work out the differences in a piece of legislation between the House and the Senate.
45
What happens in a Conference Committee?
Members of both the House and the Senate produce a report.
46
What four things can the President do when a bill reaches the final stage of the legislative process?
1. Sign the bill
2. Leave the Bill on the desk
3. Veto the bill
4. Pocket Veto
47
If a president leaves a bill on the desk, after how many days does it become law?
10
48
What is a pocket veto?
When the President does not sign a bill before the end of a session.
49
What is a filibuster?
A device by which one or more senators can delay action on a bill.
50
What is a 'cloture motion'?
A petition signed by 16+ senators in order to end a Filibuster.
51
What is an example of filibustering in the Senate?
Bernie Sanders speaking for a total of 8.5 hours in a 2010 debate.
52
On average, what percentage of bills are passed during each Congress?
2-3%
53
What are seven reasons why it is so difficult to pass legislation through Congress?
1. The vast number of bills introduced.
2. The entire process is complicated.
3. A super-majority vote is needed at certain stages.
54
What term did R.V Denenberg use to describe Congress?
A bastion of negation
55
What term did R.V Denenberg use to describe the process of passing laws through Congress?
A legislative labyrinth
56
What did R.V Denenberg say the legislative process had?
A built-in negative bias
57
What are some significant issues Congress has addressed in the past 25 years?
Gun control, trade, education, the economy, healthcare
58
What is a significant bill Congress has passed addressing gun control?
Brady Handgun Violence Protection Act 1993
59
What is a significant bill Congress has passed addressing trade?
Wall Street Reform and Consumer Protection Act 2010
60
What is a significant bill Congress has passed addressing education?
No Child Left Behind Act 2002
61
What is a significant bill Congress has passed addressing the economy?
Emergency Economic Stabilization Act 2008
62
What is a significant bill Congress has passed addressing healthcare?
Americans with Disabilities Act 1990
63
How many pieces of legislation did Congress pass between January 2015 and the end of March 2016?
139
64
Of the legislation passed by Congress between Jan 2015 and March 2016, how many were passed to rename a local facility?
22 (16 post offices, 3 courthouses, 1 federal building, 1 highway, 1 arboretum)
65
What did the Republican party promise to do when they won control of both Houses in 2015?
1. Rewrite and simplify the United States tax code
2. Replace the healthcare law with what they called 'patient-centred' care
66
What are the four key parts of Congress' oversight function?
1. Impeachment
2. Advice and Consent
3. Executive Appointments
4. Investigation by Committee
67
Define impeachment.
Impeachment is the process by which Congress can remove any federal official for misconduct.
68
Under what circumstances can impeachment be initiated?
When an official is found guilty of 'high crimes and misdemeanours'
69
How many federal judges have been successfully impeached?
7
70
How many presidents have been successfully impeached?
Zero
71
What does the House of Representatives do in the process of impeachment?
Pass a vote to begin impeachment hearings against a president
72
What is required to initiate impeachment in the House?
A simple majority vote in favour
73
What does the Senate do in the impeachment process?
They must try the President and vote on whether to impeach
74
What majority is required for an impeachment conviction?
Two-thirds
75
When was Nixon impeached?
1974
76
What was Nixon impeached for?
His involvement in the cover-up of the Watergate scandal
77
When was Bill Clinton impeached?
1998
78
On what two counts was President Clinton impeached?
Perjury and obstruction of justice
79
Why did the failure of Clinton's impeachment become significant?
It has been argued that a hostile congress was out to 'get' Clinton.
80
Why was Trump impeached in 2020?
For attempting to interfere in the 2020 election.
81
What was the outcome of Trump's first impeachment in both chambers?
House: passed, 230 for, 196 against. Senate: failed, 48 for, 52 against.
82
Why was Trump impeached in 2021?
The House contended that he had incited the January 6th attack on Congress.
83
What was the outcome of Trump's second impeachment in both chambers?
House: success, 232 for, 197 against. Senate: failed, 57 for, 43 against.
84
What two areas is the Senate constitutionally required to provide advice and consent for?
The ratification of foreign treaties and executive appointments
85
What is required to pass treaties?
A two-thirds majority vote in the Senate
86
Why is it often difficult to achieve a two-thirds majority in the Senate?
Because it is often the case that the US Government is characterised by a divided government.
87
What do Presidents often do instead of turning to Senate approval for treaties?
Make Executive Agreements
88
Why do Executive Agreements differ from Treaties?
They are not binding for future presidents.
89
What is a significant example of the Senate refusing to ratify a treaty?
The Treaty of Versailles, negotiated by Woodrow Wilson in 1919
90
How do the Senate confirm executive appointments?
The appropriate senate committee will hold hearings to decide the suitability of a nominated candidate.
91
What committee would consider a Presidential nomination to the Supreme Court?
The Senate Judiciary Committee
92
What is required for the approval of a Presidential appointment?
A simple majority
93
How do the Senate confirm executive appointments?
The appropriate senate committee will hold hearings to decide the suitability of a nominated candidate for their role. The committee will then provide a recommendation to the rest of the Senate, who hold a full vote on the approval of the nomination.
94
What is required for the approval of a Presidential appointment?
A simple majority vote in the Senate
95
What is the usual success rate of the confirmation process of Executive appointments?
Over 90%
96
What are some exceptions to the success rate of Executive appointments?
1. Bush Dr's Defence Secretary nominee John Tower in 1989
2. Obama's 2014 nomination of Debo Adegbile for a key role in the Department of Justice, which was turned down even by Democrats
97
Why is the appointment of Supreme Court Justices the most controversial of the executive appointments?
They are responsible for clarifying the constitutional framework within which a government may operate, having an enormous impact on the political climate, and have the security of tenure.
98
Which Supreme Court Justice passed away in 2016, leading to Donald Trump having the unprecedented opportunity to appoint three in a single term?
Antonin Scalia
99
What are committees known as?
The organisational centres of power in Congress
100
How can committees carry out their investigative role?
Hold inquiries, compile reports, make recommendations, subpoena witnesses to appear before them, and draw public attention to issues that otherwise would not have been addressed.
101
What are some reasons why a President is wise to heed the warnings of a Congressional committee?
1. They are a high status and widely respected aspect of American government, made up of prominent members with years of experience.
2. Ignoring recommendations could negatively affect his relationship with the legislature, making it more difficult to pass his legislative agenda.
3. Congress determines how public money is spent, and must authorise any executive action or policy that requires funding.
4. If a committee feels ignored, they may initiate legislation to curtail the scope for action by various Executive Departments.
102
When did Hilary Clinton appear in front of the House Intelligence Committee over the attacks on the US embassy in Benghazi, and for how long?
October 2015, for 11 hours
103
Why did Hilary Clinton's appearance in front of the House Intelligence Committee prove to be significant?
It became very clear that the extensive level of oversight carried out over the Benghazi attacks by a Republican-dominated committee was due to the fact that Hilary Clinton was the front-running candidate to become the Democratic Party's candidate for the 2016 presidential election.
104
What do some people argue about congressional oversight during times of divided government?
It is simply a 'polite' way of embarrassing the president and his administration.
105
How did Republican Senator Jim DeMint of South Carolina describe congressional oversight of George W. Bush carried out by the Democrats in 2007?
'political posturing and demagoguing' which 'hasn't really changed anything.'
106
What did Norman Ornstein and Thomas Mann (2007) say about Congressional oversight?
'While the constitutional arsenal of Congress is powerful, it has limited ability to quickly reverse the course set upon by a determined president.' They go on to state that the lack of oversight, and increased expectation of party loyalty resulting in the belief that there will be little oversight at all, leads to 'complacency, arrogance and maladministration.'
107
What can Congressional oversight also be dependent on in terms of public opinion?
The shifting popularity of Congress, and of the President. It is easier for Congress to provide effective oversight of an unpopular president, and struggles to have any strength when scrutinising a highly popular president.
108
What are seven arguments in favour of Congress performing their oversight role effectively?
1. Congress repeatedly overturns Presidential veto.
2. The President tends to receive effective scrutiny during periods of divided government.
3. Committee investigations have impact.
4. The Senate can significantly impact Presidential appointments.
5. The HoR can limit the President through the Power of the Purse.
6. Congress can remove a President through impeachment.
109
What are five arguments against Congress performing their oversight role effectively?
1. The requirement of a supermajority to override a veto makes it ineffective as a method of scrutiny.
2. There is a lack of effective scrutiny during united government as Congress tends to side with the President.
3. Oversight tends to be party political rather than in the interests of good government.
4. The President can find a way around oversight procedures.
5. No president has ever been successfully impeached.
110
What three factors could be used to argue that US Congress is a watchdog?
1. They are independent of the Executive, meaning the President relies on negotiation and compromise with Congress to get his legislative agenda passed.
2. The constantly changing composition of Congress due to staggered term elections allows Congress to better hold the President to account.
3. The Committee system is very powerful.
111
What are three factors that could be used to argue Congress is a lapdog?
1. Congress being independent from the Executive makes it harder to hold the President to account.
2. Congress is easily controlled by the President during periods of united government, which can lead to mistakes (handling of 9/11 and Iraq).
3. Congress can also be easily influenced by Pressure Groups.
