Understanding the Structure and Function of Congress

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149 Terms

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Sessions of Congress

Congress meets in two-year sessions, with each session divided into two separate legislative sessions (one per year). These sessions are designated by the term of Congress, which lasts for two years, starting on January 3 of odd-numbered years.

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Political parties

These are groups of like-minded people that seek to influence government policy to achieve particular, agreed-upon policy goals. The Democratic and Republican parties have dominated U.S. politics and Congress since the mid-nineteenth century.

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Why do we have 2 major parties?

Plurality elections in single-member congressional districts encourage the creation and maintenance of two major parties. Under the winner-takes-all principle, the person who wins the most votes in a state or district is elected to the Senate or House, which tends to discourage the formation of third parties. Some scholars also trace the origins to early conflicts between Federalists and Antifederalists. Additionally, many states have laws that make it difficult to create new parties. Constitutional, political, and legal arrangements all contribute to the existence and maintenance of the two-party system.

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What are the 2 dominant major parties in contemporary US politics?

Based on general knowledge, the two dominant major parties are the Democratic Party and the Republican Party. The sources confirm the dominance of these two parties.

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Majority party leadership positions in the House/Senate and their selection processes

House: The Speaker of the House is the leader of the majority party. The majority leader is the party's floor leader and the Speaker's principal deputy. The majority whip assists the leadership in counting votes and ensuring party discipline. These positions are elected every two years by secret ballot of the party caucus. Senate: The majority leader is the head of the majority party in the Senate, its leader on the floor, and the leader of the Senate. The majority whip carries out functions similar to those of the House, such as counting noses before crucial votes. These positions are elected biennially by secret ballot of their party colleagues.

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Minority party leadership positions in the House/Senate and their selection processes

House: The minority leader is the head of the minority party in the House. The minority whip assists the minority leader in coordinating party strategy and votes. These positions are elected every two years by secret ballot of the party caucus. Senate: The minority leader heads the Senate's minority party. The minority whip in the Senate performs functions similar to the House whip for the minority party. These positions are elected biennially by secret ballot of their party colleagues. Today, minority leaders often prefer to be called Republican leader or Democratic leader.

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Speaker of the House

The Speaker is the chief parliamentary officer and leader of the majority party. They enjoy unique powers in scheduling floor business and recognizing members during sessions. The Speaker is also in charge of administrative matters.

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Powers of Speaker of the House

The Speaker has significant powers, including: Scheduling floor business, Recognizing members during sessions, Serving as the ultimate decider on the House schedule, The power to set the agenda, The ability to bolster their agenda-setting authority through rules and precedents upholding majority rule, Selecting the top administrative officers of the House, such as the clerk, Overseeing committee jurisdictional revisions and revising congressional rules, Appointing majority members of select committees, including the chair, Playing a crucial role in the Committee on Rules, which grants rules for major bills to reach the House floor and sets the terms for debate and amendment. The Rules Committee has become largely an arm of the majority leadership, particularly the Speaker.

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Congressman Mike Johnson

This information is not present in the provided sources.

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Speaker of the House

Mike Johnson is the current Speaker of the House of Representatives.

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Vice President

The Vice President of the United States serves as the President of the Senate, typically presiding over the Senate in ceremonial roles or to break tie votes.

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President Pro Tempore

The Senate majority party's longest-serving member is usually elected to this largely honorific position and presides over the Senate in the absence of the Vice President.

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Caucus

The organization of all partisans in a chamber is called the caucus or the conference, which elects leaders, approves committee assignments, debates party and legislative rules and policies, and provides members with services.

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Party committees

Committees within each party in the House and Senate that serve various functions, including considering party positions on specific measures and assisting party leaders in scheduling bills.

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Standing committees

Permanent committees where most of the legislative work gets done, considering legislation and conducting oversight.

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Joint committees

Committees that have members from both the House and Senate and gather information for Congress.

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Conference committees

Temporary joint committees formed to resolve differences between the House and Senate versions of a bill.

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Select or Special committees

Temporary committees created to investigate an issue or respond to a crisis/scandal.

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Committee comparison between House and Senate

Both chambers have similar types of committees, but the Senate tends to have fewer standing committees than the House.

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Reasons for committees in Congress

Committees exist to make good public policy through specialized division of labor, allowing members to develop expertise in particular policy areas.

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Distributive Theory

The committee system helps to give lawmakers policy influence in areas critical to their reelection.

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Informational Theory

Committees provide expertise and resolve national problems through policy solutions.

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Partisan Theory

Committees can function as an extension of the parties.

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Committee functions

Functions include gathering information through hearings and investigations, providing congressional oversight of federal agencies, and drafting legislation.

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Committee roles

Committees act as 'little legislatures' where much of the real work of Congress occurs.

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Committee types

Congress uses various types of committees including standing, joint, conference, and select or special committees.

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Oversight

Committees provide congressional oversight of federal agencies and the executive branch.

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Legislative work

Most legislative work in Congress is done through standing committees.

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Committee influence

The role and influence of committees can sometimes be navigated differently in the Senate compared to the House.

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Committee assignments

Party committees assign party members to committees, including Steering Committees or Committees on Committees.

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Campaign Committees

Party committees that work to elect party members to the House and Senate.

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Policy Committees

Committees that provide summaries of party positions and research issues.

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Outreach Committees

Committees that mobilize outside support.

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Standing Committees

Developed as better suited to cope with the larger membership and wider scope of congressional business compared to temporary ad hoc committees.

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Distributive Theory

Suggests that legislatures create committees to give lawmakers policy influence in areas critical to their reelection, allowing them to 'bring home the bacon' (public goods and services) to their constituents.

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Informational Theory

Suggests that committees exist to provide expertise and resolve national problems through policy solutions. Specialization allows members to develop the knowledge needed to craft effective legislation.

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Partisan Theory

Suggests that committees function as an extension of the political parties and serve the parties' goals. Party leaders use committee assignments and the committee process to advance their party's agenda.

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Committee Member Selection

Committee members are assigned by party leaders and voted on by each caucus. At the beginning of each new Congress, each chamber adopts resolutions electing party members to committees, setting their sizes and ratios.

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Committee Chair Selection

Committee chairs are generally selected by the majority party. Seniority is a factor, but party leaders also consider the desire to reward loyalty or punish dissent.

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Liz Cheney

A former Republican member of the U.S. House of Representatives, mentioned in the context of committee work or party dynamics.

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House and Senate Rules

The formal rules that govern the procedures and operations of each chamber of Congress.

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Purpose of House and Senate Rules

To protect majority and minority rights, divide the workload, contain conflict, encourage fair play, and distribute power among members.

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Rule-Making Authority

Party leaders oversee committee jurisdictional revisions and revise congressional rules. Each chamber has the power to determine its own rules of proceedings.

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Reasons for Congressional Rules

To protect majority and minority rights, divide workload among members and committees, help contain conflict and ensure orderly debate, encourage fair play, distribute power among members, and preserve order.

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Sponsoring Bills

A member of Congress who introduces a bill becomes its sponsor.

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Cosponsoring Bills

Members may seek cosponsors to demonstrate wide support for the legislation. The identity of cosponsors can be equally important as the number of cosponsors.

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Omnibus bills

Large bills that can attract a coalition of opponents with the votes needed to reject the measure.

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House Rules Committee

A committee in the House of Representatives that traditionally grants open, closed, and modified rules, as well as waivers for bills.

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Open rule

A rule that means any lawmaker can propose germane amendments that comply with House rules and the 1974 Budget Act.

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Closed rule

A rule that prohibits rank-and-file members from offering amendments.

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Modified rule

A rule that limits the number or type of amendments and includes modified open and modified closed rules.

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Filibuster

A practice used in the Senate involving unlimited debate to prevent or delay a floor vote on a bill.

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Cloture

A Senate procedure through which senators can end debate on a bill and proceed to action, requiring 60 votes to pass a motion.

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Override a presidential veto

Requires a two-thirds vote in both the House and the Senate.

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Policy entrepreneurs

Individuals who take the lead in developing and promoting specific policy proposals in Congress.

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Party behavior

Significant in understanding how parties affect outcomes in Congress.

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Party unity

The extent to which members of the same political party in Congress act together and support their party's positions.

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Party cohesion

The degree to which members of a political party vote along party lines and support the party's legislative agenda.

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Factors influencing how MCs vote

Include constituency interests, policy preferences, ideological dispositions, and the president's position.

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Bargaining

The process by which two or more actors arrive at a mutually beneficial exchange.

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Implicit bargaining

Occurs when legislators take actions designed to elicit certain reactions from others without direct negotiation.

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Explicit bargaining

Takes several forms, including compromises where legislators agree to split their differences or find middle ground on substance.

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Logrolling

This is a form of bargaining where members exchange support so that all parties to the deal can attain their individual goals.

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Power to persuade

Presidents and members of Congress engage in public leadership within a 'public sphere' and attempt to persuade others, build coalitions, and shape public opinion.

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Going public

This refers to institutional leaders using the 'public sphere' to shape public concerns, attention, perceptions, opinions, and support.

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Advice and consent

This is a power the Senate holds regarding certain presidential actions, particularly appointments and treaties.

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Recess appointments

The Constitution allows the President to fill vacancies during a recess of the Senate, with commissions that expire at the end of the Senate's next session.

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Steps in the Legislative Process (House)

A series of steps including proposing a bill, sending it to committee, holding markup sessions, setting rules for debate, and voting on the bill.

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Bill is first proposed by a member

Bills are introduced by members of Congress and assigned an H.R. or S. number.

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Sent to committee and subcommittee by the speaker

The Speaker refers the bill to the appropriate standing committee or subcommittee.

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Markup sessions

Committee members debate, propose amendments, and finalize the bill's language.

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House Rules Committee

The House Rules Committee sets procedural rules for how a bill is debated, amended, and voted on.

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Rule for a bill

A rule determines the terms of debate, amendment, and voting for a bill in the House.

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If rule is adopted by House members, it is debated and amendments offered

After the rule is adopted, the bill is brought to the House floor for debate and amendments.

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House votes to pass or fail a bill

After debate and amendments, the House votes on the bill, and a majority vote decides its fate.

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Steps in the Legislative Process (Senate)

A series of steps including introducing bills, sending them to committee, holding markup sessions and hearings, and voting on the bill.

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Bills introduced by a senator

A bill is introduced by a senator and given an S. number.

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Bills are sent to committee by the parliamentarian

The parliamentarian refers the bill to the appropriate committee.

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Unanimous consent agreement

Controls debate and amendments in the Senate.

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Cloture

Ends the filibuster with 60 votes.

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Amendments are offered and debated

Amendments to the bill are proposed and discussed before voting.

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Sent to committee by parliamentarian

The parliamentarian refers the bill to the appropriate committee.

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Markup sessions and hearings

Hearings gather information, followed by markup sessions to amend the bill.

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Bill placed on legislative calendar

The bill is placed on the Senate's legislative calendar for floor consideration.

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Brought to the floor by majority leader

The Senate Majority Leader schedules the bill for debate.

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Unanimous consent agreement

A UC agreement sets terms for debate, amendments, and voting.

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Unlimited debate requiring cloture

Without a UC, unlimited debate occurs, requiring cloture (60 votes) to end it.

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Amendments offered

Senators can offer amendments to the bill, typically with fewer restrictions than in the House.

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Vote to pass or fail bill

After debate and amendments, the Senate votes. A simple majority is required to pass.

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Final Steps Before Sending to the President

A Conference Committee resolves differences between House and Senate versions.

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Conference Committee

A temporary joint committee composed of House and Senate members works to reconcile differences.

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Resolve differences between the House and Senate versions of a bill

The Conference Committee creates a compromise bill.

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Sent back to both chambers for a final vote

The conference report is sent back to both chambers for a final vote.

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Passed by both

The compromise bill must pass both chambers before moving forward.

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Sent to the president for signature

After passing both chambers, the bill is sent to the President for signature or veto.

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Temporary/Acting Appointments

The President can make temporary or acting appointments to fill executive positions without Senate confirmation.

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Bypass the Senate's advice and consent role temporarily

Temporary appointments allow the President to fill positions without immediate Senate approval, often when the Senate is in recess.

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Civil Service System

This personnel system in the federal government was created after the assassination of President James A. Garfield in 1881 to curb the abuses of the spoils system, which involved handing out federal jobs based on political support.

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Hatch Act (1939)

This act restricts federal employees' partisan activity to ensure that federal programs are administered in a nonpartisan fashion.

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Debates over size of the federal workforce

There are ongoing debates about what constitutes the 'appropriate level of public activity in our society'.