Revision lesson; congress

Revision Lesson; Congress

Copyright © 2016 Active Educatonpeped.org/politicalinvestigations

The US Congress• Roles and powers• Legislative process (filib)• Committees• Leadership• Voting• President & Congress relationship• Effectiveness


Roles

Legislative

Proposals

Committee Stage

Debate

Conference Committee

Veto

Scrutiny

Confirming presidential nominees

Monitoring government departments

Investigations and

Impeachments

Ratification of treaties

Declaration of war

Representation

Casework

Earmarks

Active participation in

local events

Ideology


Roles of CongressCasework: A constituent can approach a member of congress with a concern or a problem whether it be federal, state or a local official matter they will not be turned away. They will be handled and treated as a priority until resolved. Failure to help an individual may result to this matter being mentioned to at least 20 people, which may influence the way people vote (Misba)

Ideology: Ideology is generally split into distinctive left-wing and right-wing. Members of Congress must take a stand on political issues that matter to them thus ideological position of members of Congress may affect re-election chances. (Ella)

The Pre-legislative Phase (Proposals): Agenda for the year set out by the President every January. Executive branch submits budget for the year based on proposals and puts forward bills to be considered by Congress. Members of Congress act together to propose national legislation on controversial matters. E.g. 2006 Congress threatened to block takeover of US ports. (Zahra)

Debate: House of Reps: House Rules Committee decides whether a bill will be debated in HoR. If debated under closed rule, no more amendments can be made at this stage. If debated under open rule, the members can alter the bill until they're happy. Then they vote. Senate: One or more senators working together can use a device called a 'filibuster' (blocks the progress of a bill by keeping the debate going). To end this filibuster 60 votes required. Assures a bill doesn't pass even with a majority of 50 people - bill needs a filibuster proof majority of 60 people to pass. (Zahra)

Legislature - Veto: A veto is the final hurdle of a bill, and it is widely used to negotiate presidential veto's. A presidential veto can be overriden with a 2/3's majority in Congress. This can be done, but it is a difficult process.

Scrutiny - Ratification of Treaties: It is a constitutional task set for the Congress, to scrutinise any formal treaty, entering into an agreement with more than country. The treaty also has to gain 2/3's majority in the Senate for it to be enacted. The President, however, can sign an 'exectutive agreement' which are international laws similar to treaties, which only need a simply majority in both chambers of Congress to be enacted. Some Presidents resort to executive agreement's if they're finding it difficult to gain a large majority in the Senate on a proposed treaty. (Pav) Copyright © 2016 Active Educaton

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Roles of CongressEarmarks: They want to be able to demonstrate at each election that their time has directly benefited their area in terms of federal resources. Aims: Show they're responsibility for laws and aid. (Afifah)

Investigations & impeachment - Anyone holding office accused of abusing their position or being incumbent or behaving into disrespute can be put through trial(impeachment). Members vote by simple majority to bring articles of impeachment, then trial in senate. 2/3 majority of senators required for accused person to be found guilty and removed from office.

Declaration of war: When the Constitution was written, the Congress was given the right/power to decide. However, in the modern age, fighting can erupt quickly which has meant they rarely declare war, formally. The last time Congress formally declared war was the day after the attack on Pearl Harbor. Thus, the check on the way the President uses armed forces has effectively fallen into disuse. Attempts to restore the position of the Congress was attempted through the passing of the War Powers Resolution in 1973 which meant they could withold funds from the President.

Strutiny - Confirming Presidential Nominees: assigned by constitution to Senate - when president nominates somone to fill federal position the Senate has to agree the position. This is done by a simple majority, with more than half the Senators voting in favour. Before vote, hearings can be held in which people get the chance to question the outcome. In some cases, the Senate will vote against the confirming the president's choice and more commonly the hearing process can lead to revelations. (Ektha)

Active participation in local events - Constituents want representatives that they can relate to and they don't always feel that they have this since at elections, it can be argued that politicians are 'seduced' by the high life of DC Washington. This leaves them out of touch with those living away from the capitol. To guard against these accusations, they'll often do house visits and meet normal people to increase popularity and relatability. (Lucinda)

Conference Committee - Bills which are in the amendement process but the chambers can not reach an agreement on, are sent to the conference committee. or if the bill is voted against by one chamber a joint decision has been made by the two chambers then it goes to the conference committee. (Isra)

Committee meting of Governemnt Departments - Committee's who legislature also monitor how it is implimented - done effeciently - incompitance addressed - in line/spirit of the law. Sometimes the President signs legislature without putting effort to impliment. Look into departments where performance is concerning can call for relevants documents and hold hearings. Responsible for monitory federal departments spending. If soent appropriatly for correct intent. (Isra)


Powers of CongressNature of powers

House of Representatives

Senate

Exclusive Powers

• Initiate money bills• Impeachment• Elect president if

Electoral College is tied

• Confirm appointments

• Ratify treaties• Try cases of

impeachment• Elect vice-

president if Electoral College is tied

Concurrent Powers

• Pass legislation• Override the presidential veto• Initiate constitutional amendments• Declare war• Confirm a newly appointed vice-president


Political Parties in Congress

The Importance of Political PartiesParty DisciplineInfluence of the Party Leadership


The Importance of Political Parties

• Political parties have always played an important role in Congress, but this role has increased in significance in the past decade.

• Party ideology influences the relationships between members of Congress, relationships with their constituents, legislation, and characterises the relationship between Congress and the executive.


Party Discipline• A weak party discipline is generally found in

Congressional systems such as the United States Congress.

• It is routine for members to cross party lines on a given vote, typically following the interests of their region or following other members of a borderline group within their party (for instance, the conservative Blue Dog Democrats and centrist and socially liberal Main Street Republicans).


Influence of the Party LeadershipAgenda Control• This can be getting favourable agenda passed, but it can also

mean keeping bills off the agenda which they may not like, this is called "gatekeeping."

Pressure• Falling in line with the leadership of your party could be beneficial

in the form of incentives; committee selection, pork, log-rolling, etc. Lobbyists tend to target the leaders and not minor members of congress because minor members will usually vote along party lines which is determined by the leadership.

Discipline• When you choose to ignore the party leadership it may cost you. If

you choose to ignore the leadership on a pivotal vote, well, that may come into account when the next congress' committees are being drawn up. You could really want that last spot on the appropriations committee, sometimes going against the leadership means you just missed the last spot and wind up on the post office committee.


Standing CommitteesRoles• Permanent policy-specialist

committees• Membership proportionate

to majority/minority parties• Conduct committee stage

of legislation• Investigations into policy

area• Confirmation of

presidential appointments (Senate)

Powers• Hold ‘hearings’ and call

‘witnesses’• Question witnesses• Power to help chambers

manage their workload• Can not legislate• Can not require

executive to comply• Can not implement

policies Copyright © 2016 Active Educaton


House Rules CommitteeRoles• A standing committee• Responsible for

prioritising bills coming from the committee stage on to the House floor for 2nd readings

Powers• ‘vital legislative role’• Sets out rules for

debate• Membership smaller

and more skewed to majority party

• Chair is considered one of the most influential posts in Congress


Conference CommitteesRoles• Reconcile differences

between the House and Senate versions of a bill

• Set up to consider one particular bill (ad hoc)

• May be reconvened if version not agreed by a vote

• Used less frequently – leadership usually resolve differences

Powers• Version must be

agreed by vote on floor of each house

• Usually draw up the final version of a bill

• Power checked – House or Senate can refuse to sign up to compromise version


Select CommitteesRoles• Known as special or

investigative committees

• Set up to investigate a particular issue (ad hoc)

• Standing committees have an investigative function – not within policy area or time consuming

Powers• Hold ‘hearings’ and

call ‘witnesses’• Question witnesses


Committee ChairsBackground• Drawn from majority

party• Seniority rule• Ranking minority

members• Term limits

Powers• Control committee’s agenda• Decide when committee will meet• Control the committee’s budget• Influence the membership,

meetings and hearings of sub-committees

• Supervise a sizeable committee staff

• Serve as spokesperson on the committee’s policy area within Congress, to the White House and in the media

• Make scheduling requests• Report legislation to the floor


Significance• Life or death over legislation; can kill

legislation by not discussing it and not marking it up for debate

• Chairs very powerful-can kill bill by refusing to

• schedule them for debate, push through favourite bill.

• Log rolling; bargaining over votes, e.g. Republican offer to support a traditionally Democrat bill in return for Democrat supporting a traditionally Republican issue. Often takes place between committees.


Criticism1. Decentralised

Ever smaller groups dictate what legislation gets passed. Role of congress as a whole is very limited as decision of committees are usually adhered to. Worsened in the 1970’s with the growth of sub-committees.

2. InefficiencyMultiple points of veto therefore slow and clumsy. Major legislation may cross the range of many committees- many points for a veto.

3. Over-AmendingAmendments made due to log rolling – so many amendments final bill may not resemble original bill

4. SpeedSlow-hearings are a major cause of delays


Criticism

5. Iron TrianglesCongressional committeeHealth Committee

Department of Health

Federal Agency

Pharmaceutical companiesInterest groups

Fund

ing

and

elec

tora

l sup

port

Approve budget & support exec legis

Low regulation/special favours Copyright © 2016 Active Educaton


Criticism6. Corruption

Can lead to corruption-campaign contributions in exchange for benefits of interest groups.Protects elected officials from accountability-interest groups ensure re-election.Congressmen protect interest groups over policy needs.E.g. power of drug companies-contribute hugely to political campaigns. Therefore sabotage efforts to reduce cost of prescription drugs. Copyright © 2016 Active Educaton


7 Stages of the Legislative Process

First readingCommittee stageTimetablingSecond readingThird readingConference committeePresidential action


First Reading• must pass both houses during a

congress (2 years)

• Same in both houses, only a formality

• No debate• No vote• Speaker assigns legislature to

appropriate committee Copyright © 2016 Active Educaton


Committee stage• Committee stage-broken into sub-committees• Many bills don’t get out-pigeonholed• Bills with lots of support get heard-from within

house, congress, interest groups etc,• Committee members are specialists• Witnesses called and questioned• Power of amendment-can pass, amend or reject• Reported out i.e. Goes to floor if vote in favour• Therefore bill can be thrown out at this stage.

Slow process because of witness.


Timetabling• Find time for consideration whole

chamber• House rules committee-2:1 in favour of

majority • Can set time limits & rules for level of

debate• Therefore control what pases v powerful


Second reading• Considered by whole chamber• Further amendments made• In senate-tradition- everyone who wants to

speak can-therefore chance of filibuster• 60 senators must vote for cloture-motion

to stop debate allowing determined minorities to end a bill

• Simple majority pass• If passed said to be congressed.


Third reading• Final debate. • If big amendments made after 2nd

reading-substantial debate• If minor amendments and large vote

in favour, 3rd reading brief-further vote taken

Conference committee

• (optional)• If big difference between bill agreed by house &

senate due to amendments a conference committee called-reps from both chambers represented.

• If bill not approved by end of congressional term, 2 years, must start all over again.


Presidential action• 4 options• 10 days to act• Signed into law• Can veto bill• However veto can be overridden by 2/3

majority• Pocket veto, takes no action at end of

congress, bill dies-cannot be overturned• Leave bill on desk-become law after 10

working days Copyright © 2016 Active Educaton


Key Points• 3% of bills are vetoed by presidents• 4% of vetoes overridden-often for political

reasons-in divided government mostly (except carter)

• Very few bill put forward become law- 4-5% Why?

• Weak party discipline-votes not predictable• Committees can kill off /fundamentally change a

bill• Cloture motion requirement in senate means

minorities can kill bills-• Senate very powerful.• Intention of FF- supposed to be difficult-

pros & cons


PressuresPolitical PartyConstituentsThe administrationPressure GroupsColleagues and StaffPersonal Beliefs


Political Party• Can be the most important factor – ‘party

votes’ on contentious issues.• Parties have few punishments/incentives

to offer members.• Party labels don’t always mean whole

party voting together (regional ideologies).• Internal party groups e.g. Blue Dog

Democrats


Constituents• Trustee model of representation


Pause for ThoughtRepresentation

• This term can be used in a number of different ways.

• Representation can be understood in terms of how legislators represent their constituents.

• In this sense there are three different models of representation – the trustee model, the delegate model, the mandate model and the resemblance model.


Trustee Model Delegate Model Mandate Model Resemblance Model

The representative acts as the person who is vested with formal responsibility for the affairs of others. Such representation is based upon the considered judgement of the legislator.The elected representative is ‘trusted’ to make the right judgement.

Constituents elect their representatives as delegates for their constituency. Essentially, the representative acts as the voice of those who are (literally) not present.

Constituents elect their representatives and consequently provide them with a mandate to carry out certain policies that they have campaigned on.

This model focuses on who represents the electorate, and considers how representative legislators are in terms of such factors as gender and race.

Pause for Thought; Representation


Constituents• Trustee model of representation• “folks back home”, “locality rule”• Failing to look after/represent constituents can result in

electoral defeat• Phone, email, local news, visits, letters from constituents• Regular visits “home” for party/town hall meetings,

‘surgeries’, local TV and radio, interviews with local media, addressing groups, visiting schools, hospitals etc.

• Views of constituents = divided (discontented v content = representative?)

• (National good + local popularity + electoral benefit) of policies to balance


The administration• Members of the executive branch

including POTUS, VPOTUS, cabinet members etc.

• Legislation initiated by the administration – keen interest so in touch with members/committees to influence votes

• Two way street of cooperation• Supporting unpopular

legislation/administration can be costly


Pressure Groups• Try to influence members and votes• Direct contact with members• Attempt to generate public support• Phone calls, make visits• Provide evidence to committees• Organise rallies, demonstrations and

petitions• Fundraising and campaigning• Campaign donations


Colleagues and Staff• Huge number of votes – impossible to be

an expert on all issues and policies• Reliance on others for help• Colleagues – same party, same

philosophy, same views – ‘mentors’, advice, suggestions

• Senior staff – chief of staff or legislative director


Personal Beliefs• Applicable on certain votes – usually

abortion, capital punishment etc.• Generally members personal beliefs are

similar to the majority of their constituents especially if a member adopts a trustee or mandate model of representation


Oversight of the Executive Branch

“an important and positive role to

ensure the executive branch adheres to limits to its powers and

discharges its duties in a proper

and timely manner”

“a polite phrase for trying to

embarrass the president and his administration”


Oversight of the Executive Branch

• Scrutiny of the executive branch is an implied power of Congress

• Absence of the executive from Congress makes scrutiny difficult so Congress has given itself specific powers in addition to the existing checks and balances by the legislature on the executive


Checks on…Checks by… The executive

The legislature

• Amend/delay/reject legislation• Override president’s veto• Power of the purse• Declare war• Ratify treaties (Senate)• Investigation• Impeachment, trial, conviction

and removal from office

Checks & Balances


Check Example

Amend/delay/reject legislation Rebuild American Jobs Act filibustered in Senate 03/11/11

Override president’s vetoGeorge W Bush - Medicare Improvements for Patients and Providers Act 15/07/08

Power of the purse House Resolution 29202/06/11

Declare warIraq War (follows War Powers Resolution)Libya (controversial)

Ratify treaties (Senate) New START (The New Strategic Arms Reduction Treaty) 22/12/10

Investigation Solyndra Loan Investigation 2011Impeachment, trial, conviction and removal from office Bill Clinton 1998


Potential Exam Questions• Assess the power and influence of congressional committee chairmen. (15) • To what extent are the two chambers of Congress equal in power and

influence? (15) • What is the role of Committee Chairmen in Congress, and why have they

been the subject of criticism? (15) • To what extent are parties the most significant influence on voting in

Congress? (15) • How significant is the role of political parties within Congress? (15) • Why do only a small percentage of bills introduced into Congress become

laws? (15) • What is meant by ‘pork-barrel politics’, and what is its significance in

Congress? (15) • ‘Members of Congress are out of touch with the people who elect them.’

Discuss. (45) • To what extent does Congress remain a powerful body? (45) • To what extent does Congress still have a meaningful foreign policy role?

(45)


Questions?


Education

Revision lesson; congress