US Government (Congress)

What are Congressional Elections?

Elections that are every 2 years (usually refered to as mid-terms) in which all the seats in the House of Representatives are up for election and 1/3 of the seats in the Senate are up for election.

What else takes place at the Congressional Elections?

• The Presidential Midterm Election (this basically shows the popularity of the current president)

What system do they use for Congressional Election?

• A First Past the Post System

What is a First Past the Post System?

A First Past the Post System is when voters pick one candidate, and the one with the most votes wins, and there is no need for a majority

What does it mean to be incumbent?

To be incumbent means you are already in office at the time of the election.

3 advantages of being incumbent?

• Name Recognition

• Access to Resources

• Proven Track Record

How is name recognition an advantage to an incumbent?

Incumbents are well-known to voters, making it easier to gain trust and support

How is access to resources an advantage to an incumbent?

Incumbents usually have better funding and staff resources, plus perks like free mail (franking privilege) to communicate with constitutents.

How is a proven track record an advanatage to an incumbent?

Incumbents can point to their achievements and experience in office to win voters’ confidence

Give a real life example of name recognition being an adavantage to an incumbent?

• John McCain’s 2016 Senate re-election campaign in Arizona- As a long-serving Senator and former presidential candidate, McCain’s high profile and established reputation helped him to secure re-election, even against strong opposition.

Give a real life example of how access to resources has been an advantage to an incumbent?

• Mitch McConnell in the 2020 Senate Election in Kentucky- As an incumbent and Senate Majority Leader, McConnell raised over $65 million, significantly outpacing his opponent Amy McGrath. This allowed him to run more ads, reach more voters and etc

Give a real life example of how a proven track record has been an advantage to an incumbent?

• Nancy Pelosi- a long serving Democratic Represntative and former speaking of the House. Her track record includes enacting significant legislation, such as the Affordable Care Act and pandemic relief bills. Her proven leadership and legislative accomplishments have helped her maintain a strong supporting

Give 3 powers which both Houses of Congress share?

• Making Laws- Both houses must approve a bill before it becomes law

• Impeachment- The HOR can impeach federal officials, while the Senate holds the trials and decides whether to remove them from office

• Declaring war- Both houses must agree to declare war or authorise military action.

Example of Congress sharing the power of making a law?

• The Affordable Care Act (2010)- Was passed after both the HOR and Senate approved it. After differences between the two chambers were resolved, the bill was signed into law by President Obama

Example of Congress sharing the power of Impeachment?

• Impeachment of Bill Clinton (1998)- The HOR impeached President Clinton for perjury and obstruction of justice. The Senate later held a trial and acquitted him, so he was not removed from office

Example of Congress sharing the power of declaring war?

• The Authorisation for Use of Military Force (2001)- In 2001, after 9/11, this was passed by both the HOR and the Senate, giving the President the authority to use military force against those responsible for the attacks.

3 ways powers differ between Congress?

• Initiating Revenue Bills- Only the HOR can introduce bills related to taxes and government spending. This is a unique power given to the House by the Constitution

• Confirming Appointments- The Senate has the exclusive power to confirm or reject presidential appointments, such as federal judges, cabinet members and ambassadors

• Ratifying Treaties- Only the Senate has the power to ratify international treaties negotiated by the President, requiring a 2/3 majority vote

Example of the differing power- Initiating Revenue Bills?

• The Tax Cuts and Jobs Act 2017- this was introduced in the HOR, as all tax and spending bills must start in the HOR before moving to the Senate for approval

Example of differing power- Confirming Appointments?

• Merrick Garland to SCOTUS in 2016- The Senate refused to conduct hearings as they argued that Obama could not appoint a justice in an election year

Example of differing power- Ratifying treaties?

• NEW START TREATY (2010)- this aimed to reduce and limit strategic nuclear weapons. The Senate approved this vote 71-26 exceeding the 2/3 requirement.

Who are the 3 main powerful figures of Congress?

• The Speaker of the House of Representatives

• Senate Majority Leader

• Committee Chairs

Who is Speaker of the House?

The Speaker of the House leads the House of Representatives, manages debates, and ensures rules are followed. They are elected by House members and are 2nd in line to the presidency.

Who is the Senate Majority Leader?

The Senate Majority Leader leads the majority party in the Senate, sets the legislative agenda, and manages debates. They are the most powerful senator and influence lawmaking.

What are Committee Chairs?

Committee Chairs lead congressional committees, manage discussions, and guide legislation within their specific area (e.g., finance, defence). They hold significant influence over bills and hearing

3 main roles of the Speaker of the House?

• Presides over House Sessions- The Speaker manages debates and ensures rules are followed during discussions.

• Sets Legislative Agenda- They influence which bills are brought to the floor for debate and vote

• Represents the House- The Speaker represents the House in interactions with the President, Senate, and on officials matters

Example of The Speaker of the House Presiding over House Sessions?

• Impeachment of Donald Trump in 2019, Speaker Nancy Pelosi presided over the debates an vote in the House

Example of The Speaker of the House Setting the Legislative Agenda?

• John Boehner played a key role in setting the agenda for the Affordable Care Act repeal efforts during the 2010s

Example of the Speaker of the House Representing the House?

• Newt Gingrich represented the House during the 1995 government shutdown and negotiations with President Clinton

3 main roles for Senate Majority Leader?

• Sets Legislative Agenda- The Majority Leader determines which bills are prioritised and brought to the Senate floor

• Managing Floor Debate- The Leader oversees Senate debates and ensures they run smoothly

• Negotiating with President and Senate Minority- The Majority Leader negotiates with the President and the Senate Minority Leader to pass legislation

Example of the Senate Majority Leader setting the legislative agenda?

• In 2017, Mitch McConnell pushed forward the Tax Cuts and Jobs Act as a top priority

Example of the Senate Majority Leader managing a floor debate?

• Mitch McConnell managed the debate process of the confirmation hearing for Justice Brett Kavanaugh

Example of Senate Majority Leader Negotiating with the President and Senate Minority?

• Harry Reid in 2013 worked with President Obama and the Senate Minority Leader to negotiate a budget deal to avoid a government shutdown

3 main roles of committee chairs?

• Leading Committee Hearings- Committee Chairs oversee hearing

• Guiding Legislation- Committee Chairs guide the review and markup of bills, deciding which ones will advance

• Manage Committee Staff and Resources- Chairs oversee commitee staff and manage the resources needed for research and investigations

Example of Committee Chair leading committee hearings?

• Senator Lindsey Graham, as Chair of the Senate Judiciary Committee, led the hearing for the SCOTUS Nominee Brett Kavanuagh in 2019

Example of a committee chair guiding legislation?

• Nancy Pelosi, as Chair of House Appropriations Committee before becoming Speaker, helped advance key funding bills

Example of a committee chair managing committee staff and resources?

• Senator Chuck Grassley, as Chair of the Senate Judiciary Committee, directed investigations into issues like judicial nominations and FBI practices

What is the first stage of the Legislative process in Congress?

The first stage of the legislative process is the Bill Introduction, this is where legislation orignates from and is announced as an issue, to be considered, by a member of Congress

An example could be the ACA 2009 where a member of the HOR introduced it as the 3590th bill during that congressional session

What is the second stage of the Legislative process in Congress?

The second stage of the legislative process in the committee stage, where a bill is reviewed, debated and possibly amended.

An example could be the ACA, when it went through the Senate Finance Committee before reaching the full Senate

What is the third stage of the legislative process in Congress?

The third stage of the legislative process is the timetabling stage, where congressional leaders schedule a bill for debating and voting. In the House, the Rules Committee sets out the terms, while in the Senate, the Majority Leader decides.

An example could be that the ACA was scheduled for Senate Debate in late 2009 before its vote on December 24th 2009

What is the fourth stage of the legislative process in Congress?

The fourth stage of the legislative process is the floor debate and vote, and this is when the full House or Senate debates the bill and then has a vote on it

An example could be: The Civil Rights Act 1964 which was debated in the Senate for 83 days and passed with a vote of 73-27 in June 1964

What is the previous question rule?

The Previous Question rule is a motion in the House of Representatives that ends debate on a bill and forces an immediate vote on it, it helps speed up the legislative process.

An example could be: This was applied during the ACA debate in 2010 by Nancy Pelosi

What is another stage of the legislative proces in Congress?

Another stage could be the conference stage. This is when a bill is passed by both the House and the Senate and a conference committee is assigned to resolve any differences in the bill and create a final version

Example: Used during Tax Cuts and Jobs Act 2017

What is the final stage of the legislative process in Congress?

The final stage of the legislative process is Presidential action, this is when the President signs a bill into law or vetos it.

Example: Tax Cuts and Jobs Act was signed into law by President Donald Trump on 22nd December 2017.

3 ways Congress is effective at legislating?

• Effective Crisis Response

• Power of Committes

• Overriding Presidential vetos

How does effective crisis response make Congress effective at legislating?

Effective crisis response makes Congress effective at legislating as it allows Congress to pass urgent legislation in times of crisis.

• An example could be the CARES ACT 2020 which provided people wih economic relief during the COVID- 19 Pandemic

How does the power of committees make Congress effective at legislating?

Power of Committees make Congress effective at legislating as Congressional committees can scrutinise bills, in detail, improving their quality before they become a law

• An exmaple could be the USA Freedom Act 2015 where they House Judiciary Committee held hearings, proposed amendments and debated the bill to ensure it balanced national security with civil liberties.

How does Overriding Presidential Vetoes make Congress effective at legislating?

Overriding Presidential Vetoes make Congress effective at legislating as Congress can override a veto with a 2/3 majority, ensuring important legilslation passes

• An example could be the NDAA 2021, vetoed by Trump, and overriden in the HOR with 322-87 and in the Senate with 81-13

3 ways Congress is ineffective at legislating?

• Partisan Gridlock

• Presidential Vetoes

• Filibusters

How does Partisan Gridlock make Congress ineffective at legislating?

Partisan Gridlock makes Congress ineffective at legislating as political divisions often prevent laws from passing.

• An example could be Trump’s proposal of a border wall which led to a government shutfown (35 days) in 2018-2019 as the Democrats running the HOR refused to grant Trump $5.7 billion in funding for the wall.

How do Presidential vetoes make Congress ineffective at legislating?

Presidential vetos make Congress ineffective at legislating, as the President can reject bills, making it harder for Congress to legislate.

• An example could be the Keystone XL Pipeline Approval Act 2015, Obama vetoed it arguing that the pipeline was environmentally harmful, and that the decision sould be made through the executive branch and not Congress

How do Filibusters make Congress ineffective at legislating?

Filibusters make Congress ineffective by allowing a minority in the Senate to block bills unless 60 votes are reached, delaying or killing legislation

• An example could be the Manchin-Toomey Bill (2013)- A gun control bill that failed due to a filibuster, despite majority and public support

Comparatively speaking, what is the main difference between the two Houses in America and the UK?

In the U.S., the two Houses (Senate and House of Representatives) are equal partners in making laws, with separate powers and election rules.
In the U.K., the House of Commons holds almost all real power, while the House of Lords mainly reviews and suggests changes but rarely blocks laws

Why could being equal partners in the US Houses be bad?

In the U.S., both Houses must agree, so conflicts often cause delays and gridlock. Another house may be controlled by a different party.

3 Key Oversight Mechanisms Congress Holds?

• Hearings and Investigations

• Power of the Purse

• Impeachment

Give one notable example of Congress utilising the Hearings and Investigations Oversight Mechanism?

Watergate Hearings (1973)- Political Scandal where President Nixon’s team broke into Democratic Party offices and tried to cover it up. Congerss used hearings and investigations to dig into the scandal.

Snetae Watergate Committee held televised hearing that exposed the cover-up

Give one notable example of Congress utilising the Power of the Purse Oversight Mechanism?

Trump Border Wall Funding (2018-2019)- Trump wanted $5.7 billion for his border wall, and Congress, controlled by the Democrats at the time refused to approve this, and there was a government shutdown of 35 days.

Give one notable example of Congress utilising the Impeachment Oversight Mechanism?

Bill Clinton (1998)- Clinton was impeached by the HOR for perjury and obstruction of justice, following a sex scandal with a White House Intern. However he was acquitted by the Senate

3 factors limiting Congressional Oversight?

• Partisan Gridlock

• Executive Resistance

• Limited Time and Resources

How does Partisan Gridlock limit the effectiveness of Congressional Oversight?

If Congress is divided between parties, partisan interests can prevent meaningful investigation or block oversight efforts, leading to inefficiency and inaction.

E.g- Trump Impeachment (2019)- The Democratic Controlled HOR impeached Trump, but the Republican Controlled Senate acquitted him, the process was heavily influenced by party royalty, reducing its effectiveness.

How does Executive Resistance limit the effectiveness of Congressional Oversight?

The President and governement agecies can refuse to share information or testify, using executive privilege. This makes it difficult for Congress to fully investigate or oversee the executive branch.

E.g- Fast and Furious Investigation (2012)- The Obama administration invoked executive privilege to block the release of documents related to the operation (a failed operation which allegedly allowed 2000 weapons to reach Mexican Drug Gangs), which prevented Congress from fully investigating the matter.

How does Limited Resources and Time limit the effectiveness of Congressional Oversight?

Congressional committees have limited budgets, staff, and time, which means they may not be able to conduct thorough investigations or follow through on all oversight efforts.

E.g- The Benghazi Hearing (2012)- This was an attack on the US mini embassy which resulted in the death of 4 Americans. The Benghazi hearings (2012) were highly publicized, but limited time and resources meant the investigation lacked depth and produced few clear results over several years.

3 factors that influence the votes of the members of Congress

• Constituents Opinions

• Party Representation

• Personal Views

How does Constituents Opinion influence the votes of members of Congress?

Constituency Opinion refers to the opinions and needs of the voters, members of Congress represent.

E.g- Senator John McCain’s 2017 vote against repealing the ACA, despite pressure from his party, he voted ‘NO’ because many of his constituents in Arizonia expressed concern about losing healthvare coverage

How does Party Representation influence the votes of members of Congress?

Party Representation refers to a member of Congress belonging to a political party. This influences how they vote because parites usually have shared policy goals, and members are expected to support the party’s positions.

E.g- Passage of ACA in 2010, every Republican in both the House and the Senate voted against the bill, while nearly all Democrats voted in favour of the bill, and this demonstrates strong party-line voting.

How does Personal Views influence the votes of members of Congress?

Personal Views influence members of Congress when they vote based on their own beliefs, values or principles, even if it goes against their party or their constituents.

E.g- Senator Mitt Romney’s vote to convict Trump in 2020, Romney was a Republican, and voted agaisnt his party citing his personal oath to the Constitution and moral obligation to uphold justice

3 ways the President can influence the legislative process

• Veto Power

• Proposing Legislation

• Using Public Influence (Bully Pulpit)

How can the President use Veto Power to influence the legislative process

Veto Power refers to how the president can reject legislation passed by Congress, influencing how and whether a bill becomes a law.

E.g- Keystone XL Pipeline Approval Act 2015, Obama vetoed it citing environmental conerns and need for review

How can the President use Proposal of Legislation to influence the legislative process?

While the president cannot introduce bills directly, they can propose laws through allies in Congress

E.g- President Lyndon B. Johnson proposed major civil rights legislation in the 1960

How can the President use Public Influence (Bully Pulpit) to infleunce the legislative process?

The President can use public opinion through speeches, media and social platforms to pressure Congress into supporting or opposing legislation.

E.g- President Obama’s push for the ACA in 2009-10, Obama used his public influence rally citizens and generate support for healthcare reform, he held town hall meetings, gave speeches and used social media to engage with public.

Example of Power of the Purse being effective?

Trump’s Border Wall 2019.

Trump demanded $5.7billion in funding for a border wall between the US and Mexico. Congress, controlled by the Democrats refused to allocate the full amount, Trump used his power to veto spending bills, leading to a 35-day gov shutdown.

The shutdown ended when Congress agreed to a compromise, providing $1.375 billion for border security, but not for the full wall funding Trump requested.