U.S. Congress Final Exam

Origins of Modern Gridlock

Congress' legislative process is made and meant to be complicated

Ideological/partisan sorting of voters and legislators

Nationalization of American politics

Uncertain/insecure majorities, less ideological differences between parties (less moderates)

Gridlock

The inability of a legislative body to pass legislation

Polarization

Division between parties based on lack of shared ideology

Sorting

Over the past several decades voters have sorted themselves- demographically, ideologically, and geographically

Nationalization of Politics

The idea that the Democratic and Republican parties have become country-wide brands

Reinforced the rising rides of partisan polarization

Competitive Majorities

A development of unstable partisan majorities in the house and senate

Narrow and unpredictable majorities only have a lean vote advantage

- It alters the political incentives for parties to work together

- When the majority status is uncertain, they have little reason to work together

Contributes to gridlock

Insecure Majorities

When either party can win control of a legislative chamber, the two parties have little incentive to cooperate

Motive to win control of legislative chamber increases time spent on campaign activities, decreased time legislating reduces bipartisan cooperation

Regular Order

1. Bill introduction (author of the bill is called the sponsor)

2. Bill referral (sent to the committees)

3. Committee Action (amendments, markups are made)

4.Floor Action (Bill must pass in the house and the senate)

5.(a) Presidential action (signature or veto

5.(b) If floor action does not work out the exact amendments both the house and senate want, a conference committee is held and they have final say before the bill is given to the president

Unorthodox Lawmaking

Law making driven by party leaders (minority, majority, party whips)

Party leaders have more control over lawmaking, rules, procedure

Rank and file members are way less involved in lawmaking and shifted their focus to fundraising and NIL

Partisanship, efficiency and expediency have increased

Rational Inaction

preventing bills from passing, majority/minority party's strategies

Fear of primary challenge

Aka the fear of being voted out of office by your constituency, bipartisan cooperation/appearing nonpartisan discouraged because of this fear (ex. Liz Cheney)

Centralization of Power

Legislators have ceded more and more control over legislating to their party leaders

- Gives party members more time to focus on constituent services, campaigning, fund raising, raising their profile, etc.

- Results in fewer legislators having a seat at the table during legislative process

- Gives party leaders more centralized power

- Keeps rank and file members in the dark and prevents them from being able to oppose deals made by party leaders

Open Rule

Members can offer amendments that are related to the bill

- Does not happen that often anymore

Closed Rule

members cannot offer amendments to a bill on the floor

Modified Rule

allows for some types of amendments but also includes limitations, mainly party leaders can speak

- Does not happen that often anymore

Suspension of the Rules

limited debate time (40 minutes)

no amendments can be offered

used for uncontroversial bills

2/3 majority to pass

good time for the minority party to get their stuff passed

Reasons for suspending rules

allows house to act quickly and efficiently

- Bills are not often controversial

- Can pass benefits to certain groups of constituents

-30% bills passed with the belief rules are sponsored by a legislator from minority party

House Rules Committee Special Orders

Rules committee / speaker decides rules for debating a bill on the house floor

- Ex. Time limits, amendments not allowed

Open rule, members can offer amendments that provide consideration to the bill

Closed rule, members cannot offer amendments to a bill on the house floor

Modified rule, allows for some types of amendments but also includes limitations

- Modified open

- Modified closed

Uncontroversial Bills

Brought to the house floor through suspension of house rules

Budget Process

involves the President proposing a budget to Congress, which then reviews, modifies, and approves it through a series of appropriation bills

Article I, Section 9

Identifies the power of the purse

Omnibus Legislating

Combining multiple pieces of legislation together into one big bill and voting on them as one, bills tend to be very dense, regular congressmen have very little time to read and understand bills like this (legislating in the dark)

Two steps of federal funding

1. Authorization: A law passed that gives the authority to the federal government to engage in a certain activity

- Their passage does not guarantee that the agency or program will receive federal funds

2. Appropriation: Legislation that provides funding for an activity

Budget Authority

The legal authority to spend or obligate federal money

Revenue

Almost all the money the federal government receives

Budget outlays

When the government spends money on its operations

Sunsets

A provision within a statute, regulation or law that specifies a date in which the law will cease to have effect

Discretionary Spending

Results from congressional appropriations bills that are typically under the purview of the senate and house appropriation committees

Mandatory spending

This type of spending is automatic and is governed by law, it is not subject to congressional approval

Entitlements

This is a type of mandatory that consists of payments to individuals directly from the treasury

Examples: Social Security, Medicare, and Medicaid

Budget Deficit

When spending outpaces revenues, so the government borrows funds

Budget and Accounting Act of 1921

Intended to formalize the budget process for the federal government

Required for the first time that the president and congress consider the budget in its entirety

Budget Resolutions

They are seen as an effective way to show a party's priorities

It is a non-binding congressional document that outlines overall spending and revenue targets for the upcoming year

Appropriations

Can only be passed by congress and are bill that authorize the U.S treasury to make payments for specific purposes each year

Office of Management and Budget (OMB)

The president's budget office within the Executive Office; tasked with production of the president's budget, economic forecasting of proposed law changes, and examination of agencies and polices spending.

Government Accountability Office (GAO)

Government agency responsible for audit, evaluation, and investigation of federal government agencies and operations; watchdog organization that reports to the U.S Congress

Congressional Budget Office (CBO)

Created by the Budget & impoundment Control Act of 1974

A nonpartisan office

Focuses on Budget Forecast and costs estimates about certain bills

Broken Budget Process

Budget proposal deadline for POTUS: February 15

Budget resolution deadline for Congress: April 15

Budget deadline for both Congress and POTUS: September 30

Continuing Resolution: Short-term funding for government operations when the Appropriations bill is not passed

Omnibus Budget Bills

also known as a "megabill," is a single legislative package that combines multiple distinct bills or provisions into one

Government Shutdowns

If there is no appropriations bill or continuing resolution, then that section of government stops functioning until an appropriations bill is enacted

Options for Reform (Biennial Budget)

Budget funds government for two fiscal years instead of annually

Options for Reform (Balanced Budget Amendment)

government can't spend more money than it brings in, would be used to prevent continued growth of national debt

Options for Reform (Automatic Continuing Resolutions)

encourages budget negotiations to start earlier, used to prevent government shutdowns if no appropriation is enacted by oct. 1

Options for Reform (Budget Sequester)

automatic cuts to spending that go into effect if no deal is worked out on time

Congress and White House Relations

Presidential Veto

Makes the president influential in the legislative process

How long does the president have to respond after Congress passes a bill?

10 days

The president can:

- Sign bill into law.

- Veto the bill & send Congress a veto message.

- Do nothing & let bill become law (if Congress still in session).

- Pocket veto - do nothing & veto bill (if Congress not in session).

Presidential bargaining power

Veto Threats

Direct Negotiations

Going Public (Bully Pulpit)

Threat of Unilateral Action

Unified Government

One party controls both chambers of Congress and the presidency

Types of Party Control (Divided Government)

Congress and presidency are controlled by different parties

Quasi-divided Government

House and Senate are controlled by different parties

Vesting Clause and Take Care Clause (Article II Sec. I)

POTUS has power over interpreting & implementing laws passed by Congress

Executive Orders

Are not law but they carry the effect of law

Typically based on laws that have been passed by Congress

Signing Statements (Interpretation of Bill)

"This is my understanding of the law that was just passed and here's how I'd implement it"

Congress Influence of Foreign Diplomacy

CODEL (Congression Delegation)

Power to Ratify Treaties

Wirthlin's Law

When POTUS advocates for/against a cause it can rally opposition from opposing party more than support within own party.

To whom does the U.S government owe all that money?

40% of all U.S government debt is held by the federal government

The second largest holder of U.S debt is foreign investors

Congress and the Courts

Article III

creates Supreme Court and specifies original jurisdiction

Congress is responsible for the key elements of national courts

Structure of Court Systems

Federal judges

Serve lifetime appointments

Are not elected

District courts

Trial courts that collect evidence and present new findings in federal cases

First place federal cases are heard

94 District Courts

Typical trial cases with a judge and jury- unless they opt for a bench trial

Court of Appeals

Review whether proper procedures were used in district courts

No new evidence presented

3 judges serve on a panel

Case Law

13 circuits

Supreme Court

9 Justices

Select cases heard in Court of Appeals (Rule of 4)

Only selects/hears 70-85 cases per session

Rule of 4

If four Supreme Court Justices agree to hear a case, they will hear it

Appointments

POTUS makes nominations

Congress confirms nominations

"Advice and Consent"

Allows Senate to play a role in confirming presidential appointments (Blue Slip Norm)

Blue Slip Norm

Senators from nominee's home state return a blue slip to Judiciary Committee to indicate their support

If senator does not return a blue slip usually the nomination does not continue

Increased polarization/partisanship, seeing more departure from 'blue slip' norm

Also applies to District court nominations

Judicial review

The power the Supreme court has to declare laws passed by Congress to be unconstitutional

Congress, POTUS, bureaucracy, State and local governments are bound by the Court's decision

Judicial branch has final say over policy

Commonly used to overturn state and local policies

Established in Marbury v. Madison

Marbury v. Madison (1803)

Chief Justice John Marshall's decision claimed the power of judicial review

Judicial activism

Decisions made by judges often have significant impacts on policy and can result in changes to laws, rights, and liberties

Judicial review allows unelected judges to remake policy

Decisions may not reflect public opinion

Court cases on controversial matters

Final say over philosophical and legal questions

Plessy v Ferguson 1896; Brown v Board of Ed 1954 and 1955; Citizens United v FEC 2010; Obergefell v Hodges 2015; Dobbs v Jackson Women's Health 2022

Congress' Checks on Courts

Passing legislation

Drafting constitutional amendments

Adjusting the structure and funding of federal courts

Oversight of judicial branch

Power of impeachment

Because of how important judicial nominees are their confirmation is more partisan. Can see this in:

Departure from blue slip norm

More scrutiny and less bipartisan cooperation

Gamesmanship of judicial appointment

Nominees are younger and more ideologically extreme—few moderates

Nuclear option- courts

Opposition party unites in Senate against POTUS nominees

Make elections a referendum on nominations and confirmations

Obstruction of nominees reduced senate threshold on confirmation from 60 votes to 51

Congress and the Bureaucracy

Gift Rule

Restrictions on members of Congress, staffers, and interns receiving meals, gifts over $50, contributions from foreign sources, and certain types of travel

Purpose: To prevent corruption

Prevents bribes, buying votes, 'favors'

Bureaucratic Discretion

Congress makes vague laws and gives bureaucrats the power to figure out how to implement them. Why??

Bureaucrats have more expertise

Allows for flexibility of laws in the future

Gives congress political cover

Backdoor lawmaking: when Congressmen pressure federal bureaucrats to change the implementation of laws

Rule Making

Congress gives power to make rules to bureaucrats

Congress establishes goals but bureaucrats figure out how to implement them

Rules carry the full force of federal law

Proposed rules get published in the federal register

- Must have opportunities for public to comment on rule change

- Bureaucrats do not have to listen

Goals of Congressional Oversight

Monitor implementation of laws

Evaluate effectiveness of laws and programs

Ways to revise laws

Investigative oversight

Investigate wrongdoing

Conduct hearings depose witnesses

Subpoena power: can compel testimony

Government Accountability Office (GAO)

Independent/nonpartisan body of Congress that does audits and evaluations

Inspector General

Permanent and nonpartisan office that detects government waste

responsible for ensuring accountability, integrity, and efficiency

Whistleblowers

Federal officials report allegations of misconduct within federal departments

Methods of oversight

Police patrol

- Regular check in with agencies to do oversight

Fire Alarm

- Check in when something bad happens

- Reactive and not proactive.

Oversight as spectacle

Electoral incentive to use hearings as way to develop branding

Can be for show

Hard Money

Donations to a member of Congress's campaign fund

Soft Money

Spending PAC money on behalf of a candidate rather than giving the money to the candidate's campaign

PACS (Political Action Committees)

often associated with businesses, interest groups, unions, ideologies, and parties

main purpose is to raise and spend money that can be donated to candidates

Donation Limits

Individuals can donate up to $2,900 per candidate per campaign cycle; PACs can contribute up to $5,000

Super PACS

Organizations that engage in soft-money spending as they cannot coordinate with congressional candidates or their campaigns

Congress, Media, Interest Groups

Media Outlets

They are businesses that care about profit, readers, subscribers, and ratings

- That influences the way they cover political stories

Reliance between traditional media outlets and social media

The internet and social media have a decreased reliance on traditional media outlets

Filter Bubbles

Increase polarization by limiting the information of differing viewpoints

Is there higher coverage on at the national level or state/local level

Higher coverage on national politics which give fewer opportunities for members of Congress to appear on local TV, radio, or newspapers

Interest Groups

Help constituents coordinate their policy interests and communicate those desired policies to their members of Congress

Economic Interest Groups

Members unified through business and trade associations, institutions, and professional services

Judicial Branch

o Created by article III

o Congress controls the organization of courts and appropriations

o Federal Judges serve for life

o Judicial branch is very insulated compared to Congress and POTUS

Senate "advice and consent"

Allows the Senate to play a role in confirming presidential appointments