Week 3 - The Congress

The US Congress

• congressional elections take place every two years and its always the first Tuesday after the first Monday in November

• States control the time, place, and manner of elections for Senators and Representatives

• Americans trust the Supreme Court, respect the presidency, and dislike Congress

• Congress is the ‘first branch’ of government

• The congress (legislative branch), the presidency (executive branch), and the Supreme Court (judicial branch) have struggled for power and pre-eminence in governing.

How often do congressional elections take place

Every two years, on the first Tuesday after the first monday

What do the states control in congress and when was this shown

The time, place, and manner of elections for senators and representatives - this is espically shown in the 2020 elections - each states determine different polling stations and determine times for election.

Following each election how many times must congress meet

At least once - typically around January 3rd

What are the common perceptions conveying 3 branches of government

1. Trust the Supreme Court - has been trusted over 10 years but histroically it is true to be objective and network to apply the law

2. Respect the presidency whether they like who’s in office

3. Dislike congress - even if they like their individual representative or senator - congress is by far is the most unpopular branch of US government - but it is the most important - we can not understand the political system without it - congress receives the most attention in the US constituion - would take 2/4

What type of powers does congress have

Since all legislative powers should be vested in congress which would consist in the senate and HOR - what powers are most noted

1. The power of the purse

2. Spending bills

3. Ultimate authority to declare war

The Power of the Purse

• In congress as a whole

• Has the power of taxes and spending

• The president does not decide this

• All spending bills must ordinate in the HOR

Ultimate authority to declare war

• seen as the lynth pin which is vital in checks and balances - vital for the separation of powers - last time was WW2 where war was declared through congress

Why doesnt congress declare war

• becuase the indiduvals in congress worry there will be backlash and be voted out

• They have wielded this power to the executive branch - there are still limits on the power given to the president in declaring war former

The US Congress - and the Incumbency Advantage

• first branch or broken branch?

• Consistently low approval ratings

• The incumbency Advantage:

1. Money;

2. Name recognition

3. Organization

4. Resources, etc

Possible explanations for dysfunction (and polarization)

1. failure of Congress to live up to its aims: it was intended to be an honest broker and mediator on public policy issues

2. Ideological split in congress: More party unity over the past few decades

3. Institutional Design: Parliamentary system was deliberately rejected in favour of Congress

The Evolution of Congress - need to finish

• the framer didnt want to have all powers concentrated in a single governmental institution, even one that was popularly elected

• Critics of congress complained that the body cant plan or act quickly

• The senate doesnt face these problems as the house

• A major issue in the development senate was the filibuster ( a prolonged speech, or series of speeches, made to delay action in a legislative assembly)

The Nuclear Option

• bill or action to be taken in senate is filibustered

Options:

1. Invoke clotures (requires 60 votes to end filibuster and vote an action/bill)

2. Change senate rules to reduce number votes for clotures

3. Create a new precedent (“nuclear option”)in senate to reduce 60-vote supermajority to end filibuster

New Precedent

1. Senator raises point of order (or can claim that a senate rule is being violated)

2. If presiding agrees, new precedent is set; if presiding officer diagrees, another senator can appeal the ruling

3. If a simple majority (50+1) of thee Senate votes to reverse the decision by the presiding officer ,then the new precedent is set

   1. In 2017, in response to a democratic filibuster for the nomination of Supreme Court Justice Neil gorsuch, then senate majority leader Mitch McConnell, raised a point of order

   2. Post-2017, all nominations, including Supreme Court justices, require a 50+1 votes to be confirmed becuase the new precedent allows for senates to end filibuster with that simple ,ajoirty

   3. However, the super-majority (60 votes) is still needed to end filibuster on legislation.