Congress

Congress

Functions of Congress
1. Law Making
2. Oversight of the executive
3. Representation
The Debate on Congress
1. Congress is effective
  1. Fulfils it's functions effectively.
  2. Members are highly responsive to the wishes of their districts.
  3. Oversight of the executive is carried out rigirously
  4. Laws are carefully examined independently of the executive
2. Congress is ineffective
  1. Ceased to function effectively
  2. Contributes to deadlock
    1. Dealing with the federal deficit 2013
  3. Dominated by special interests
  4. Low approval ratings from the American people
  5. Partisanship has made it impossible for parties to work together
The Structure of Congress
1. House of Representatives
  1. 435 members, two year terms
  2. Seats allocated to states according to population size
  3. 2015: 244 R, 188 D, 3 V
2. Senate
  1. 100 members, 6 year staggered terms
  2. All states have 2 senators
  3. 2015: 53R, 45D, 2I
3. Strengths
  1. Especially in representatives they are tied to the voters
  2. In the Senate, staggered elections means increased expertise
  3. In the Senate there is no pendulum swing
  4. Both are democratically elected
  5. Separation of powers
4. Weaknesses
  1. Gridlock
    1. Chambers of different parties
    2. Congress and president of different parties
    3. Equal in power
  2. Representatives are always up for reelection
  3. Only works through bipartisanship
  4. Over-representation of small states
Key figures in Congress
1. House of Representatives
  1. Speaker
    1. Usually a leading figure in majority party, expected to be impartial but does enjoy voting rights
    2. Newt Gingrich
      1. Contract with America
    3. John Boehner
  2. Majority Floor Leader
    1. Meant to maintain a degree of party unity.
    2. Kevin McCarthy
2. The Senate
  1. President of the Seante
    1. The Vice President. Voting rights only in a tie.
    2. Joe Biden
  2. President Pro Tempore
    1. Presides in absence of the President of the Senate
    2. Orrin Hatch (since 1977)
  3. Senate Majority Leader
    1. Ensures party legislation success, committee appointments, mobilising support
    2. Mitch McConnell
Passing Bills
1. First Reading
  1. Committee Stage
    1. Timetabling
      1. Second Reading
        Third Reading
        Conference Committee
        Presidential Action
        Sign Bil into law
        Do nothing
        Pocket Veto
        Veto
        Increased use of 'ping-ponging'
        2% of Bills in 2007-2008
      2. Open Rule
      3. Closed Rule
    2. Pigeonhole
    3. Specialists
  2. 3-5% Pass
2. Why is it so difficult to pass laws in Congress?
  1. Crowded process
  2. Complex process
    1. 'Built-in-negative' biased (Dendenburg)
  3. Super majorities
  4. Decentralisation of power
  5. Two chambers have equal power
  6. Chambers may be controlled by different parties
  7. Weak party discipline
    1. 33 House Dems voted against Healthcare Reform
3. An effective process?
  1. The Bill must have a lot of support
  2. The Bill is highly scrutinised
  3. Only strong Bills get though the beginning of the proecss
  4. Individual senators get their say
  5. Bipartisanship
  6. Opportunities to amend the Bill
4. It is a system that requires parties to work together and so is ill-fitted for today's Congress
Bork Barrel Politics
1. Involves members of Congress inserting clauses into bills which direct federal funding to projects within their states/districts
  1. They do this to win support and can insist on the inclusion of 'pork' in exchange for their votes.
    1. 'BRIDGE TO NOWHERE' Senator Ted Stevens of Alaska = $398 million of federal money on a bridge for 50 people
  2. At the beginning of 2011 John Boehner and Chairman Inovye said there would be no more earmarks for two years.
    1. This ban is still in place but indirectly the process continues
2. Advantages
  1. Benefits a state/district. Therefore more support for the candidate
  2. Often helps secure the passage of a Bill through bipartisanship
  3. Members know what their local people want and have local knowldge of their state/district
  4. Encourages congressmen to look after their area
  5. Dont have to be in the majority
  6. Helps secure the passage of Bills
  7. Strong congressional check on spending
  8. Only a tiny part of Gov't spending (2% in 2009)
3. Disadvantages
  1. Does not benefit the entire nations interests
  2. Gives some members more leverage than others and more influence, therefore is undemocratic
  3. Gives an unfair advantage to incumbents
  4. Impossible to scrutinise earmarks
  5. Earmarks are often unrelated to funds
  6. Awards funding on politics not on merit
  7. Fosters a culture for federal spending
  8. Effectively buying votes
  9. Secracy
Why do members vote as they do?
1. Political Party
  1. 'Party votes' were at 75.8% in 2011.
  2. Contentious Issues
  3. Conservative Democrats vote Republican: Heidi Heitkamp
  4. Moderate Republicans vote Democrat: Susan Collins
2. Constituents
  1. Trustee model of Representation
  2. Dick Lugar, R Indianna Senator since 1970's: Did not go home much and worked with Obama. Tea Party 2012 won the primary and lost the election.
3. The Administration
  1. Members of the executive branch.
  2. Supporting an unpopular president is costly, Elizabeth Dole 2008
  3. Two-war street of mutual cooperation
4. Pressure Groups
  1. They make direct contact with the people
  2. Money raised can fun politicians
5. Personal Beliefs
  1. Conscience Issues
Committee System
1. Standing Committees
  1. Exist in Both Houses
  2. Permanent, policy specialists
  3. Party balance reflects chamber
  4. Members often serve committees closest to interests of districts/states
  5. Re-elected members often reassigned
  6. Legislation
    1. Conduct investigations
      1. Hold confirmation hearings
  7. House Rules Committee
    1. Gate-keeping role. Structure and Timetables. Open and Closed Rules.
  8. Appropriations Committees
    1. Spending. Authorizes money for gov't to fulfill its functions.
  9. House Ways and Means Committee
    1. Taxation
2. Conference Committees
  1. Merges Senate and House Bills
3. Select Committees
  1. Investigate particular issues that could come under the remit of a number of committees
4. See Committee Chairmen
Congressional oversight
1. Strengths
  1. Recently has improved
  2. Different parties can produce different versions
  3. Members don't have to support their party
    1. Susan Collins CIA Report
  4. Lots of support for reports
    1. $40 million for CIA report
  5. Reports take time and are long and details
    1. CIA Report 6000 pages
  6. The truth does come out and people are held to account
  7. Attracts publicity
    1. Senate CIA Report gained global headlines
2. Weaknesses
  1. Often the whole report is not released
  2. Reports can take time
  3. The truth doe not always come out
  4. Very partisan
  5. Often not objective
  6. Congress did not spot the problem early enough/at the time
  7. Little/no self examination into the role of congress
  8. Does not hold members of congress accountable
  9. Minority report can undermine the credibility of the findings
  10. Dependent on the majority
  11. People not always held to account
Scrutiny of the Executive
1. Separation of powers
2. Scrutiny of Executive Legislative Proposals
3. Scrutiny of Appointments
  1. John Kerry Senate vote 94-3
  2. Robert Bork Supreme Court loss
  3. Process is not watertight, recess appointments eg John Bolton. Poor nominees are sometimes confirmed eg. Michael Brown. Partisanship eg. Alito. Use of filibuster
4. Scrutiny of Teaties
  1. 1996 Comprehensive Test Ban Treaty
  2. Partisanship. Process is not watertight eg. Executive Agreements such as the US-Afgan Strategic Partnership
5. Scrutiny of use of Armed Forces
  1. War Powers Act 1973
6. Scrutiny of Public Fanances
  1. Congressional Budget Office
7. Scrutiny of Policies
  1. CIA Report
  2. Partisanship
8. Investigations into Executive incompetence/corruption
  1. Clinton
9. Impeachment
SEE MEMBERSHIP
SEE GROWING POWER OF PARTY IN CONGRESS

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