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Topic 2 - Legislative Branch - US Congress
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- 1Define GridlockThe failure to get action on policy proposals and legislation in Congress - resulting in Congress looking slow and unproductive.
Occurs most often when two legislature bodies are made up of different parties and therefore cannot agree.
- e.g. 2018 3 day gov shutdown over the federal budget. - 2Define BicameralismComposed of two legislature chambers or branches - e.g. Senate and House of Representatives
- Link UK = House of Commons and Lords - 3Define Filibuster- The act of obstructing and delaying a bill in a legislative assembly by talking for an extensive amount of time.
- Used by individuals/ groups to delay bills.
- 3/5ths or 60 votes to end
- Happens only in the Senate as have right to 'unlimited debate'.
- e.g. Strom Thrumond - 24 hours - C.R. act and 2012 Cruz spoke for 21 hours against Obamacare - 4Define ImpeachmentA charge of misconduct made against a holder of public office - The President, Judge, Senator, Representative
- HOR make accusation and Senate conduct investigation
- 1974 Nixon and 1999 Clinton - 5What is the structure of the US Congress?- Bicameral
- 435 members of the H.O.Representatives
-100 members of the Senate
- No. of Representatives changed every 10 years - due to population growth
- Both directly elected
- 'great compromise' of Founding Fathers - 6Requirements of becoming member of Senate/House- House = at least 25 y/o, US citizen for 7 years, reside in state you represent
- Senate = at least 30 y/o, US citizen for 9 years, live in state you represent - 7Name 4 Representation models1) TRUSTEE model - trust them to make decisions for you - listen to constituents
2) DELEGATE model - elected to vote in way which they are instructed by electorate
3) MANDATE model - implement policies outlined in manifesto - party loyality
4) RESEMBLANCE model - reflect society - 8What representation model is used when voting for a National issue or a State issue?National Issue = Trustee Model
State Issue = Delegate Model - 9Women in Congress- Constantly under-represented
- Gradually increasing
- 2016 = House - 20% = 84
= Senate - 23% = 23
- Up from 73 Representatives in 2012
- more female Democrats than Republicans
- E.M.I.L.Y list = money to help female political campaigns
- Problem stem from lack of female state-level legislators as few to recruit
- 2017 = only 24.8% state legislators female - 10Significant women in Congress- Nancy Pelosi = 1st female speaker of House, 2015 = House minority leader
- Lousie Slaughter = 1st female chair of House of Rules Committee
- Dianne Feinstein = chair of Senate standing committee on Rules and Administration - 11Ethnic minorities in US Congress- Under-represented BUT greater reflection in House
- African Americans 2015-16 =
House, 46 (ALL demo) = Senate, 2
- 2011-12 were 0 in Senate
- Obama was only AA Senator when elected
- 2017 Congress = 19% of congress = non-white
- 39 Hispanics = 8% of HOR and 4% Senate
- Greater proportion of white congressmen than in society = 62% of population but 80% of Congress
- Diversity problem at state level = only 15 states where 10%+ of legislators = Black - 12Define gerrymandering- Fed. Courts allowed states to draw own congressional districts to elect more minorities = majority/minority districts
- Form of affirmative action where district lines changed so the majority of electorate is a minority = concentrated support
- Changes every 10 years after census = each district meant to represent equal amount of state electorate
- BUT can also be manipulated to increase a parties chances of election
- Reps, 2016 = won 22 new House seats in result to new district lines
- "threat to democracy" as districts can be created which don't reflect the states make up at all. - 13Typical profile of a Congress memberAverage age --> HOR = 56 --> Senate = 63
Typically former military officers
Over half in Senate normally lawyers
Most likely white, males as 80% of Congress = male - 14Religion in US Congress- 92% Christian
- 57% Protestant
- 30 Jewish in current Congress
- 2 House members = Muslim
- largely unrepresentative - 15Executive powers of the House (x3)1) Money Bills - 'power of the purse' - directly elected so 'direct' decision on $
2) Impeachment accusation - 19x since 18th century
3) Choose President during deadlock - happened only twice - 1800 & 1824 - 16Exclusive powers of Senate (x3)1) Appointment confirmations - 'advice and consent'
2) Foreign Treaties acceptance - 2/3rd majority - e.g 2010, New Strategic Arms Reduction Treaty
3) Impeachment investigation - guilty by 2/3rds majority - 1999, Clinton excused on Demo majority - 17Concurrent powers of the US Congress (x5)- Pass legislation
- Override Presidential veto
- Constitutional amendments
- Declare war
- Appoint new VP = only used twice - Ford, 1973 and Rockafella 1974 - 18Explain 'advice and consent' in the US Congress- Result of US separation of powers
- Outlined in the constitution = forms vital checks/balances
- Presidents consult with Senate - foreign treaties and executive appointments
- Senate committees = Senate Judiciary Committee
- e.g. 2016 rejection of Garland and 2017 appointment of Gorsuch
- e.g. New START - Strategic Arms Reduction, 2010 under Obama
- Stops one branch from making unpopular decision
- BUT President can bypass this - 2013 Iran Nuclear Deal = Obama executive order - 19UK Comparison- Senate = upper chamber and more powerful BUT HOL = less
- Only 1 directly elected chamber UK
- HOL and HOC not equal in legislature
- Members move from Commons to Lords like Representatives to Senate - 20Powers of the House Speaker- Presiding officer of the House
- Interpret and enforce House rules
- Refer bills to Standing committees
- Appoint committee chairs
- Appoint majority party members to House Rules Committee
- Power to influence passing legislation - 21Paul Ryan- 2015 - present
- Republican
- Chair of Budget House Committee
- Not a supporter of Trump = friction
- largely conservative = less tax + federal $
- anti-gay marriage and pro-life - 22John Boehner- 2011-2015
- Republican
- bi-partisan approach to legislation
- em-powered committees
- accused of being 'too friendly' with Obama
- annoyed both parties - 23Nancy Pelosi- first female speaker
- 2007-2011
- current minority leader
- clashed with Bush over Iraq War
- large democratic partisan divide - 24Who are the current Minority and Majority leaders?House of Rep.
= Kevin McCarthy (Majority)
= Nancy Pelosi (Minority)
Senate
= Mitch McConnell (Majority)
=Chuck Schumer (Minority) - 25What are the powers and unit of majority and minority leaders?- press briefings about party policy agenda
- a link between Congress and White House
- 'director of operations'
- day-to-day activity - 26President Pro TemporeLongest serving member of majority party
Currently Orrin Hatch - 27What are the 3 types of committee?- STANDING committees = permanent + policy specialists - e.g. Judiciary, Foreign Affairs, Budget, Armed Services
- SELECT committees = temporary investigations - 'ad hoc' - e.g. 9/11
- CONFERENCE committees = end of legislation process - 28Functions of Standing committee1) Review proposed legislation - call witnesses, vote to pass into chamber - split into sub-committees to make judgement more efficient = Space, Science and Technology divisions
2) Investigate policy area - problems? - e.g. 2012 Senate Foreign Relations committee look into Libyan attack on US embassy - 2016 links between Trump and Russia in presidential election
3) Confirm Presidential appointments - e.g. Judiciary committee for Supreme Court = not binding but rarely ignored - Betsy DeVos 2017 appointed 12-11 in committee - 29How important are committees?They are powerful but don't guarantee success.
- Review of appointments = not binding but rarely ignored - Bork 1987 rejected 9-5 committee and 58-42 Senate
- can't implement policy
- 'die in committee'
- some more powerful than others - Judiciary, Armed Services, House Rules
- Committee chairs = powerful - who PGs try to have connections with - 30House Rules Committee- only 13 members
-most powerful in House
- Responsible for timetabling bills
- Pete Sessions = chair committee
- Can cause Bills to fail if not timetabled and congressional session (2 years) ends - 31How is a committee chair chosen?- Always majority party
- 'Seniority Rule'
- Cannot serve for more than 6 years
- introduction of new ideas
- arguably weaken committees?
- BUT very powerful = spokesmen, budget, agenda, membership influence - 32Passage of legislation through Congress1) First Reading
2) Committee Stage
3) Timetabling
4) Second Reading
5) Third Reading
6) Conference Committee
7) Presidential action - 33What are 3 Presidential actions at the end of the legislation process?1) Sign bill into law = if want to take credit = big audience to celebrate
2) 'Leave on desk' = knows veto would be overridden, comes law in 10 days = done when does not support bill but knows Veto would be overriden
3) Presidential Veto (different types) - 34What is a Presidential Veto?- when President strongly opposes
- tend to do only when knows won't be overridden = 92% success rate
- can use as bargaining threat
- less likely if Congress majority is same as President BUT Carter suffered two overrides despite Demo majoirty
- Obama 2/12 vetos = overriden
- Bush 4/12 vetos = overriden
- 'Pocket veto' = not sign before congressional session ends = lost bill
- BUT rarely used - Obama/Trump/Bush not used it
- Line Item Veto = Clinton 1996 = power to veto sections of a bill BUT deemed unconstitutional in 1998 Court ruling - 35Define 'discharge petition'- force a committee to pass a bill through to the next stage - reducing amount of bills which 'die in committee'.
- Bills automatically come to the floor for debate.
- 2017 = HOR members sign for the creation of Independent Commission Bill = establish a commission to investigate Russian involvement in 2016 election - 36Factors affecting how members of Congress vote- District/Constituency issues
- Political party alignment/loyalty
- Personal beliefs/philosophy
- Administration (of executive)
- Interest Groups (PGs)
- Colleagues & Staff - 37How does Party affect Congressmen vote?- Fault lines between Demo. v Rep. - taxation, civil liberties, abortion
- Recently = 55% of votes are partisan
- 75.8% 'party vote' for American Taxpayer Relief Act, 2013
- President set policy agenda = Obamacare
- Disciplined party leadership = congressmen pressure to follow party
- Little impact if fractured party levels in different branches of Gov - Democrats 2010
- BUT parties can offer no reward for following party lines = separation of powers
- UK CONTRAST
- BUT geographical differences within parties - 38Define 'log-rolling'When Congressmen support each other and trade their votes - give up your vote for a bill for the guaranteed support of them of your bill
- e.g. 2014 Farm Bill between speaker Boehner and minority leader Reid = bipartisan support from Demo and Reps
- Manipulation of power = powerful members benefit ? - 39How does Constituents affect Congressmen voting?- Trustee model
- Should be the most important factor = often dominated by money/party interests
- H.o. Representatives particularly important as re-election every 2 years
- Congressmen votes recorded so must agree with constituents if want re-election
- 'ear-marks' (later card )
- live in their constituencies (UK contrast)
- Difficult to stay in contact with constituents due to geographical
- Use of opinion polls - 40Define 'ear-marks'- 'pork-barreling'
- Congressmen getting money for their districts
- local projects
- secret additions at end of a bill meaning no one left accountable
- inserted after committee + floor debate
- Tanks - $40 mil. annually for military parts no longer federally supported - 41At what stages can a bill die?- die in committee
- with speaker who refuses referral
- filibuster in the Senate
- House can vote for bills to be re-committeed
- House Rules don't have to timetable them - 42How does administration affect congressmen voting?- Executive branch administration
- links through cabinet or staff members
- Elizabeth Dole, 2008 = too high support of Bush - 92% time vote same
- Can't bribe congressmen with positions due to 'separation of powers' - UK CONTRAST - 43How can Pressure Groups affect Congressmen voting?- election funding = PACs
- 2016 - NRA = $30m to Trump campaign
- keep a record of how Congressmen vote = scorecards or LCV's "dirty dozen list" of votes against environment
- Lobbying - particularly committee members
- PGs can't guarantee congressmen loyalty as result of other influential factors
- PGs offer necessary expertise in creation of policy - AMA and healthcare, US Chamber of Commerce and business - 44How can Colleagues and staff affect Congressmen votes?- networking between Capitol Hill members
- legislation covers a wide range so need large amount of staff for advice
- older members seen as mentors
- Representatives form same state advise each other as similar interests - 45How can Personal beliefs affect how a Congressmen votes?- moral decisions are largely personal
- some choices match that of party beliefs
- Fed. intervention, abortion, taxation, defense spending, - 46Define 'caucus'Some party ideology crossovers
- groups of politicians which group together by ideology not party
- Blue Dog Democrats (Conservative)
- Tea Party
- African Americans - 47Why has congress become more partisan?- rise of 'Tea party movement' - Republicans keep up with growing conservatism of party members
- Redrawn Congressional District Boundaries
- lack of desire for a middle ground - 48How does Congress offer oversight and scrutiny of the Executive Branch?- Constitution doesn't explicitly give congress power of scrutiny BUT does have the power to make laws - therefore need to make amendments and update
- Committees = only place exec. scrutinize - 49How effective is Congress oversight?- Congress only powerful if majority
- Republican senate = reject Nuclear Test Ban treaty, 1999 and appointment of Garland, 2016
- Bush had large Republican majority - hero in time of panic after 9/11 - little oversight
- Congress keep exec. honest - 50Is gridlock inevitable? YES- Partisanship = divisive issues - 2016 only one R Senator vote for gov background checks on gun sales to felons.
- Appointments = 2017 Gorsuch filibustered against by Democrats.
- Divided Gov = between executive/legislative - 2016 Garland rejection
- Party alliance = Trumps Healthcare repeal act rejected in Senate by 4 Reps (2017)
- Gov shutdown = over spending bills - 2013 shutdown for 16 days - 2018 3 day shutdown. - 51Is gridlock inevitable? NO- Landmark legislation = overlook partisanship in times of crisis - 9/11 Authorisation for the Use of Military Force
- Partisanship = avoidable - Rep 'Hastert Rule' means Rep speaker not bring ill to floor unless majority Rep support.
- Role of White House - Obama 2014 bypass congress with DACA exec. order.
- Role of Supreme Court = 2015 gay marriage despite Marriage Act rejection in 2011 by Rep congress.
- State level change = result of federalism - cannabis legal in Colorado, Cali law to allow non-papered migrants access to driving licence.
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- - Government & Politics Fichas sobre Topic 2 - Legislative Branch - US Congress, creado por Emily Bevis el 07/01/2018.
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