US congress

Question 1

point 1. for congress not fulfilling oversight and examples

Answer 1

• standing committees and select committees are dominated by the makeup of congress
• 115th congress, dominated by republicans
• In 2003 HOS committee, didn’t have hearings on Afghanistan operations, despite media pressure
• modern-day, democrat HOS committee rejected the SC nomination of Bork by Reagan.
  analysis suggests if pres party dominates congress, not in the interest for members to criticize executive.

Question 2

the counterpoint to congress not fulfilling oversight

Answer 2

While committee power is restricted by a unified gov, a divided gov has similar issues
only scrutinize other parties’ actions to gain public points eg democrats overly criticized bush for wars for public points, oversight too partisan

Question 3

point 2. for congress not fulfilling oversight and examples (SC)

Answer 3

congress check ineffective on SC
congress has power for impeachment trial or +removal from office
However useless due to united gov+partisanship, impossible to overturn SC ruling(only via amendments) modern-day attempts: eg flag burning and prayer at public school decisions have failed.

Question 4

counterpoint 2. for congress not fulfilling oversight and examples

Answer 4

congress powers, meant to be less than executive power over SC, the ruling shouldn’t be overturned by representatives of short terms vs supreme court years of experience set by founding fathers
congress can fulfill the role 2010 federal judge porteous impeached after corruption.

HOWEVER judges are too politicized and biased, with little oversight or impeachemnt.

Question 5

point 3. for congress not fulfilling oversight and examples

Answer 5

many checks on executives not implemented (loopholes) eg can ratify treaties but pres can use executive order.
pres signed 800 treaties and 13k exec agreements
congress’s power to declare war infringed as no pred accepting war powers act , congress not given time regarding military action

Question 6

counterpoint 3 for congress not fulfilling oversight and examples

Answer 6

HOS still passing treaties eg the NEW START treaty with Russia 2010, proposed by Obama
WPA is arguably unconstitutional and undermines role of commander-in-chief

HOWEVER WPA is still effective, not bene ruled by SC

Question 7

effectiveness of the congress legislative process

point 1: YES (checks and balances)

Answer 7

bill passes through 6 stages, power resides in standing committees, ensures compromise
eg Obamas 2010 healthcare reforms passed by many amendments -> compromise between HOS +HOR
Equal power prevents extreme bills to be blocked -> power always shared.

Question 8

effectiveness of the congress legislative process

counterpoint 1: NO

Answer 8

process ineficient+low output, 2-4% bills passed (those backed with support from all areas)
conference committees for compromise slow down the process

HOWEVER, effectiveness should be measured by the significance of bills passed not the number
standing committees- policy specialists, would also have mass party support
use of confenrce ecommitees delcines , instead ping pong process sped up legilsation.

Question 9

effectiveness of the congress legislative process

point 2: produces quality policy

Answer 9

select committees remove the danger of poor bills, ability to amend before sending to floor
HOS+HOR join committee to get re-elected eg both N. Dakota senators part of senate agricultural committee

Question 10

effectiveness of the congress legislative process

counterpoint 2: poor quality legislation

Answer 10

pork barrelling , gov spending on projects to bring money to local area
2016 congress passed legislation to spend 475 million on a navy ship , not backed by defense sec but support by representatives of major shipbuilding states

HOWEVER 2010, GOP placed a ban on pork barelling, only improve quality now

Question 11

Effectiveness of the congress legislative process

point 3: protects states+indv rights

Answer 11

senators can amend or filibuster laws that go against state interests eg Thurmond spoke 24 hours against the civil rights act

Question 12

effectiveness of the congress legislative process

counterpoint3: partisanship

Answer 12

state provisions of rights leas to partisan, members unwilling to compromise -> gridlock
filibusters are increasingly important no, used against opposing party to prevent legislation passing.
eg ted crux spoke against ACA-21 hours
HOWEVER, filibusters 3.5th majority
const gives limited gov, congress can still function just slowly.

Question 13

“real work of congress occurs in committees not chambers “

point 1: role in legislation

Answer 13

SC+CC (conference) key in dev leg
SC can block bills but all can amend
CC is used for reconciling differences between houses
HRC can decide to hold back HOR bill

Question 14

“real work of congress occurs in committees not chambers “

counterpoint 1: votes in chambers

Answer 14

CC decreased: 104th congress 37 CC, only 2 in 113th, the role has decreased

HOWEVER, CC role declined but role is to reconcile bills eg Obamacare , still fulfills function when necessary
congress creates legislation but committees improve it.

Question 15

“real work of congress occurs in committees not chambers “

point 2: role in oversight

Answer 15

executive investigated by committees, sep of powers member of chambers not members of congress, committees main firm of scrutiny
SC permanent, expertise has more oversight, findings weighted
presidential appointments by HOS SC , take a recommendatory vote.

Question 16

“real work of congress occurs in committees not chambers “

counterpoint 2:

Answer 16

Senate has a final vote on appointments , SC votes-advisory
findings of committees not holding to account, chambers need to impeach+trial

HOWEVER:
Advisory but still provide the basis on how nominations are received by the senate
chambers make decisions without impeaching due to findings of commitee eg nixons watergate , resigned b4 impeached

Question 17

“real work of congress occurs in committees not chambers “

point 3: role in representation

Answer 17

congress members join SC in the interest of their state (N.DAKOTA-agriculture)
pork-barreling, 2015-475 million on a navy ship to help states with shipbuilding industry
reps invest a lot in committees to carry out functions.

Question 18

“real work of congress occurs in committees not chambers “

counterpoint 3: congress+ representation

Answer 18

Function fulfilled by debating and voting on leg
rep by sc less important as GOP, 2010, banned pork barrelling (earmarks)

HOWEVER, SC now has a different purpose to improve bills, and +ve an effect on constituents.

Question 19

parties are significant in congress

counterpoint 2: reduced party control over legislation.

Answer 19

• sep of powers, a few sticks, and carrots to tempt party voting. reps must be persuaded in a bipartisan manner
• congressional caucuses expose divisions between parties and challenge leadership, undermine party control eg freedom caucus led tea party movement

HOWEVER: a rise in party votes, 70% in 2010 to HOS
incraesed partisanhip ansd divide betwene parties means party memebrhsip imp in leg process.

Question 20

parties are significant in congress

point 1: oversight

Answer 20

oversight effectiveness varies: divided vs united
SC doesn’t function when the pres party dominates, reflect the makeup of congress
eg no Afghanistan hearings 2003 by armed service committee
unified gov , oversight partisan
- criticizing bush for public points

Question 21

parties are significant in congress

counterpoint 1: party control not sig when exec committed offense.

Answer 21

Serious offenses eg watergate call for bipartisan scrutiny
bipartisanship ensures the party has no say during oversight of undemocratic events by exec

HOWEVER increased partisanship
eg democrat majority critical and republican minority report praised CIA for extreme interrogation

Question 22

parties are significant in congress

point 2: party impact on legislation.

Answer 22

The ruling party organizes committees
all committees chaired by a majority part member
eg in HRC, the party can determine which bills are discussed on the floor.

Question 23

parties are significant in congress

point 3: large party control of representation

Answer 23

• congressmen can vote on leg, but increased partisanship will put parties above constituents
• pork barrelling, reps need part support to do so
• parties dominate committees

Question 24

parties are significant in congress

counterpoint 3: less party influence

Answer 24

• In primary elections, candidates cant be detected so less control over houses
• congressmen dependent on voters put their needs ahead.

HOWEVER, polarisation occurs as centrist members not chosen by voters
eg 2015, no senator between furthest members of each party

Question 25

evaluate whether congress fulfills its representative function effectively?
point 1: the delegate model

Answer 25

Reps required to follow constituents preferences- log rolling and pork barelling
DC: vote on legilsation thats favourbale to constituents , gain memberhsip on SC etc
high incumebet relevetion rate , 97% for HOR and 90% for HOS, 2016 shows those elected to congress , rep of states.

Question 26

evaluate whether congress fulfills its representative function effectively?
Counterpoint 1: partisanship undermined delegate model.

Answer 26

113th congress, average unity was 92% for democrats , 90% GOP, more divergent than any point since WW2
shows reps would vote along party lines not constituents

HOWEVER, phenomenon only occured due to removal of centrist members , fully believe in ideology and policies not the party influence

Question 27

evaluate whether congress fulfills its representative function effectively?
point 2: trustee model

Answer 27

legislators can follow their own judgement , enabled through sep of powers (other branches have little sway over reps, fewer sticks+carrots
can follow trustee model with fewer outside influences , decisons from expertise.

Question 28

evaluate whether congress fulfills its representative function effectively?
counterpoint 2: outside forces undermine eg pressure grps

Answer 28

pressure grps make direct contact with reps for campign help, inentive to vote along PG eg NRA , key reason for no gun controls

HOWEVER, large numbers of pressure groups, 11k mean reps can find a party they agree with
reps rely on stff for ifnfo , persuade decisons howeber staff tend to share same ideology.

Question 29

evaluate whether congress fulfills its representative function effectively?
point 3: resemblance model of representation

Answer 29

need to be representtaive of electorate eg gender , religion
democrats 1992, year of the woman , doubled number of women in congress
races betetr rep as courts allowed drawing of district boundaries , majority-minority districts
improvement

Question 30

evaluate whether congress fulfills its representative function effectively?
counterpoint 3: still not representative

Answer 30

women under rep, 50% of america and participate more than men , 2018 mid terms , 52% of turnout
congress, whote older, impacts policy , woemn more liekly to talk civil rights, education and helath

HOWEVER, gov doesnt have to be reflective of society due to strong evidence of representtaives acting on behalf of citizens eg trump presidency, advocating for white working class , depsite coming from aritotic backround, little siginifance of rep model , other 3 models more sig.

Question 31

Evaluate whether partisanship has made congress ineffective

point 1: yes (impact on legislation)

Answer 31

legilsation only effective via bipartisanship, slows down pricess
confernece commitees delcined usage , 104th congress (37), 113th, (2)
ping pong created to reduce amount of input from minority party, worse quality, less input
- gridlock eg last 2 congresses , least productive
- filibusters (ted cruz vs ACA)

Question 32

Evaluate whether partisanship has made congress ineffective

counterpoint 1: no (not ineffective due to partisan)

Answer 32

• filibuster-3/5 majority vote, string laws passed with supermajority support
• if final bill gridlock, VP gets final say

HOWEVER, gridlock increased, budget and helathare gridlock, led to burgdte shutdown of 2013, cost 24bn
partisnahip breaks down legilsative process -> can not fulfill function

Question 33

Evaluate whether partisanship has made congress ineffective

point 2: yes (impact on overisght)

Answer 33

oversight fulfilled by standing+select commitee biut not fulfilled anymore
2003- HOS armed service commitee , no hearing on Afghanistan
commitee dominated by party

Question 34

Evaluate whether partisanship has made congress ineffective

counterpoint 2: no (serious offencea bypass partisanship)

Answer 34

nixon , watergate
GOP senator goldwater told president, faced impeachment due to insufficient support

HOWEVER, still no sufficient oversight, 2014 reports of HOS CC on CIAs use of torture, minority GOP agreed, majority gov disgareed.-> no bipartisan support.

Question 35

Evaluate whether partisanship has made congress ineffective

point 3 yes (impact on representation)

Answer 35

Although delegate model , increase in party voting , 50% votes 1995 79% in HoS, 2010, increased party support
Ruling party controls all commitees, decraesed input from minority party reps, SC leader from majority party can control budget, less likely to aid opposing party through earmarks

Question 36

Evaluate whether partisanship has made congress ineffective

counterpoint 3: no

Answer 36

still representative, as partisanship is a result of removal of centrist members by voters, who elect candidates at primaries , parties cant deselect, polarised shift in electoral

HOWEVER
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