US Congress

Question 1

What is the membership structure of US Congress?

Answer 1

House: 435
Senate: 100

Question 2

What are US Congress’s main functions?

Answer 2

• Legislation: proposing, delaying, or rejecting law
• Representation: of its constituents, their district / state, their party, their caucus, or other groups
• Oversight: scrutinising the work of the executive branch and checking its power if necessary.

Question 3

What are the exclusive constitutional powers of the House?

Answer 3

• Power of the purse
• Bring impeachment charges against the president
• Choose the president if the electoral college is deadlocked

Question 4

What are the concurrent constitutional powers of Congress?

Answer 4

• Propose / amend / delay / reject legislation
• Veto override
• Propose constitutional amendments
• Declare war
• Oversight of the executive
• Confirm a new vice president

Question 5

What are the exclusive constitutional powers of the Senate?

Answer 5

• Ratify treaties
• Ratify appointments
• Try impeachment charges against the president
• Choose the vice president if the electoral college is deadlocked

Question 6

How do congressional elections work?

Answer 6

• Every 2 years
• 1/3 of Senators are re-elected
• Entire house is re-elected
• Primaries take place
• Campaigning

Question 7

What are the problems with congressional elections?

Answer 7

• Low turnout (40-50%)
• Gerrymandering
• Incumbency (80-90% re-election rate)
• Divided government (gridlock)

Question 8

What is the significance of incumbency (congress)

Answer 8

• Name recognition
• Funding
• Gerrymandering
• Record in Congress
• Turnout

Question 9

What factors affect voting in congress?

Answer 9

• Party
• State / district (constituents)
• Congressional caucus

Question 10

What are the demographics within congress?

Answer 10

• 71% men
• 74% white
• Median age: 60
• 96% hold a degre

Question 11

How does a bill become law?

Answer 11

Introduction:
- House: Speaker refers bill to committee
- Senate: Presiding officer refers bill to committee

Committee Consideration:
- Possible outcomes: sub-committee review, full committee review, or pigeonholed (ignored)
- If passed, bill is “reported out”

Scheduling:
- House: House Rules Committee sets timetable & rules
- Senate: Senate Majority Leader sets timetable

Floor Action:
- Debate and amendments in full chamber
- Each chamber votes

Resolving Differences:
- If House and Senate versions differ, a conference committee reconciles them

Presidential Action:
President can:
- Sign the bill
- Veto the bill
- Leave it for 10 days (becomes law if Congress is in session)

Question 12

What is the legislative difference between the two houses?

Answer 12

House:
- Has the power to begin money bills
- Simple majority needed to pass legislation

Senate:
- Can use the filibuster, only stopped by a cloture motion of 60 votes (supermajority)
- Usually 60 voted needed to pass anything of substance due to the filibuster.

Question 13

How can congress check the president?

Answer 13

• Declare war
• Propose / amend / delay / reject legislation
• Ratify treaties (senate)
• Ratify appointments (senate)
• Power of the purse
• Impeachment
• Veto override

Question 14

What is the strength and weakness of Congress’s check on the president of declaring war?

Answer 14

Strength:
- Prevents the president from abusing the power of ‘commander in chief’

Weakness:
- Rarely used in a nuclear age; last used in 1942 as part of the Second World War.

Question 15

What is the strength and weaknesses of Congress’s check on the president of legislating?

Answer 15

Strength:
- Upholds the separation of powers and ensures that those elected directly by the people can ensure legislation is well scrutinised.

Weakness:
- It is expected that bills that the president has campaigned on will pass, as the president has a mandate.

Question 16

What is the strength and weakness of Congress’s check on the president of ratifying treaties?

Answer 16

Strength:
- A two-thirds vote means a treaty created by the president needs to gain bipartisan support.

Weakness:
- Presidents can use executive agreements instead of formal treaties to avoid ratification in the Senate.

Question 17

What is the strength and weakness of Congress’s check on the president of power of the purse?

Answer 17

Strength:
- The House of Representatives represents taxpayers and should be able to ensure money is well spent.

Weakness:
- Members of Congress can add money into bills for their own states / districts, inflating the costs of a budget.

Question 18

What is the strength and weakness of Congress’s check on the president of impeachment?

Answer 18

Strength:
- This does not have to be a criminal charge, so Congress can remove a president who is not acting appropriately.

Weakness:
- The requirements of a 2/3 vote in the Senate means that some of a president’s party must vote against them, which is unlikely.

Question 19

What is the strength and weakness of Congress’s check on the president of overriding vetos?

Answer 19

Strength:
- Prevents one person overriding the will of the directly elected Congress.

Weakness:
- The high threshold for overturning a veto is difficult to meet, especially in an age of hyperpartisanship.

Question 20

How can Congress check the Supreme Court?

Answer 20

• Ratify nominations
• Constitutional amendments
• Change the number of justices

Question 21

What is the strength and weakness of Congress’s check on the Supreme Court of ratifying nominations?

Answer 21

Strength:
- Congress can ensure justices are well qualified for the role on the Supreme Court.

Weakness:
- This does not alter the power of the Supreme Court, just its composition.

Question 22

What is the strength and weakness of Congress’s check on the Supreme Court of constitutional amendments?

Answer 22

Strength:
- Prevents unchecked power of the Supreme Court and that the Constitution remains relevant.

Weakness:
- Constitutional amendments are difficult to pass and therefore unlikely to occur.

Question 23

What is the strength and weakness of Congress’s check on the Supreme Court of changing the number of justices?

Answer 23

Strength:
- The Court can be expanded or reduced if circumstances call for it.

Weakness:
- This does not affect the power of the Court, and there have been nine justices since 1849.

Question 24

What do parties do in Congress?

Answer 24

• Leadership of Congress is decided on party lines, including those that control each house, the chairmanships of committees and the membership of the House Rules Committee.
• Elections are fought on a party basis.
• Almost all of the 535 members of congress belong to the Democrats or Republicans (2 independents in Senate)
• Votes in Congress appear to take place on party lines.

Question 25

What are the arguments supporting that parties are significant in Congress?

Answer 25

- A majority of votes that have taken place in Congress in the last decade have been party unity votes. - The leading party in the House of Representatives dominates the House Rules Committee and so can determine timetabling and debate rules. - Party affiliation is usually significant to winning in an election, and therefore will affect how a member of Congress votes. - Independent members of Congress or those changing their party affiliation are rare. - When Congress is controlled by a different party to that of the president, congressional leaders become effectively 'leaders of the opposition'

Question 26

What are the arguments against that parties are significant in Congress?

Answer 26

- Parties are 'broad churches' and often there are members of a party who vote against their own party. - A good number of votes that take place are not party unity votes. - Congressional caucuses, constituents, lobbyists and interest groups may also influence members of Congress. - Partisanship can be weak, especially compared to whips in the UK - In the Senate, the filibuster and unanimous consent gives individual senators a lot of power.

Question 27

What factors affect the ability of Congress to carry out checks on government?

Answer 27

- whether government is divided or united. - how long it is until the next election - the electoral mandate of the president - the national circumstances such as terrorist attacks, natural disasters and economic crises. - the approval ratings of the president and Congress.

Question 28

How has the role of congress changed?

Answer 28

- Declaration of war is difficult to use in a nuclear age. In 1973, Congress passed the War Powers Resolution to try to reclaim some power in this area. Increasingly, it has used the Authorisation for Use of Military Force to try to control military operations by controlling funding. - Filibuster reform means that only 50 votes are needed to approve nominations. - Reconciliation bills only need 51 votes to pass the Senate and therefore can avoid the filibuster. - The use of impeachment has become more common, with three out of four impeachment proceedings happening in the last 30 years.

Question 29

How has Congress influenced LGBTQ policy?

Answer 29

The Respect for Marriage Act 2022 protected same-sex marriage in the US. Same-sex marriage was already protected by a Supreme Court ruling, but the act protected the right if the ruling was reversed.

Question 30

How has Congress influenced Healthcare policy?

Answer 30

Patient Protection and Affordable Care Act 2010 (Obamacare) made health insurance more affordable. When Obama signed this bill, 16% of Americans were uninsured, now it is 8%

Question 31

How has Congress influenced Economic policy?

Answer 31

Tax Cuts and Jobs Act 2017 significantly reduced taxes for businesses and citizens in the US. Republicans argued this bill was effective at reducing everyone's tax burden, while Democrats argued it favoured the ultra wealthy.

Question 32

How has Congress influenced Climate policy?

Answer 32

The Inflation Reduction Act 2022 pledged over $375 billion to fight climate change. Estimates suggest this could cut GHG emissions by 40% by 2030

Question 33

How has Congress influenced Infrastructure policy?

Answer 33

The Infrastructure Investment and Jobs Act 2021 saw $1.2 trillion pledged for building roads, bridges, better broadband and better electricity and water grid systems. The vast sum of money is distributed through grant programs, which has proved a big administrative task for the government.

Question 34

Is Congress effective at carrying out its role of representation?

Answer 34

Yes: - Congress has become more diverse. - Parties are well represented, especially in party unity scores. - Access points in Congress allow a range of interest groups to be heard. - Congressional caucuses allow the voices of minorities to be heard. No: - Congress still does not represent minorities and women in the same percentages as they are in the US population. - Lobbying and interest groups can represent those with money over constituents. - Hyperpartisanship means that constituents who did not vote for their winning member of Congress can feel under-represented.

Question 35

Is Congress effective at carrying out its role of legislation?

Answer 35

Yes: - The legislative process should ensure that legislation is well scrutinised. - Presidents have been successful in passing landmark legislation. - Supermajorities mean that compromise is ensured in the process. The lengthy process should prevent needless laws being passed. No: - The legislative process is so long and complex that little legislation gets passed. - In divided government, a bill can be stopped by just one house of Congress. - A few individuals have a lot of power in the process such as the house speaker, committee chairs, and senators using the filibuster. - Legislation can be forced through when Congress is controlled by the same party as the president, resulting in less scrutiny.

Question 36

Is Congress effective at carrying out its role of oversight?

Answer 36

Yes: - Congress has adapted its powers to ensure it can still check the president. - There have been well-watched committee hearings on presidential appointments. - Congress is not afraid to use its biggest powers, such as impeachment. - Congress demonstrated its investigative powers over the presidency with the January 6 committee in 2022. No: - In times of unified government, the president may face less scrutiny from Congress. - Impeachment has never been successfully used. - The president has powers that can circumvent Congress, such as executive orders. - Two-thirds majorities make it very difficult to use some of the congressional powers.