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Congress (Structure: is a bicameral institution meaning it has two equal…
Congress
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Functions of Congress
Representation:
- The Frequency of elections means voters voices are heard every two years, offering high levels of representation.
- Mid term elections are therefore very important and can have huge effects presidential power.
- A notable feature of congressional elections is that the incumbent typically wins their seat again in the next election. in 2016 97% from house and 90% from senate are re-elected.
- This is due to Safe seats and gerrymandering: when the dominant party draws up district boundaries.
- use of office to attract more donors
- Pork barrel legislation Is when member of congress proposes an amendment to legislation that will bring benefits to a particular groups. Especially financial ones such as infrastructure. e.g Congress passed legislation to make a 475 million warship that the navy didn't want which was supported by alabama and Wisconsin reps where ships are made
- Factors affecting voting behaviour in congress: Public opinion e.g some democrats didn't support ACA after meeting constituents. party leaders through patronage power, caucuses, interest groups and professional lobbyists.
The legislative function
How congress legislates:
- initiation: Presidents can dominate the political agenda, but leaders in the house or senate - and individual members of congress- regularly initiate policy.
- Compromise: The separation of powers and the checks and balances, including the co-equal legislative power of the house and senate, make compromise between parties or chambers necessary. Successful legislation will usually be a result of huge concessions and additions to a bill.
- Weak parties and party leaders: Due to the separation of powers and federalism, parties tend to be weak, with many factions. Part leaders also have limited power over their own party with ineffective patronage and whipping - may congress members are more interested in listening to the folks back home and prioritising the concerns of their own state or district over the national agenda. As a result parties may not act as a single unit when passing legislation.
- obstacles to success:It is far easier to prevent change than to bring it about. Here are some of the main impediments to passing laws.
- Senate and house roughly share power and have equal law making powers. Each chamber may have different legislative priorities due to differing term lengths.
- Legislation has to pass through several congressional committees, each of which can amend or obstruct a bill.
- overriding a presidential veto requires a supermajority of both chambers
Differences in legislation between house and senate:
In the House, bills go to a rules committee, which decides how long and under what rules the bill will be debated. The speaker of the house effectively controls this. Whereas in the senate all bills are fully debated.
The senate is much less structured and gives unlimited debate time for a bill. They use unanimous consent to establish rules and finalise a debate.
Another difference is the filibuster - a senate rule that lest individual senators insist on continuing debate. This can be used to delay legislation. Senator storm Thrumond of south Carolina, who spoke for 24 hours and 18 minutes against the civil rights act of 1957. Filibusters can be ended with a 3/5 vote in support of a motion known as a cloture.
Congress's limits on the Supreme Court:
- they can overturn a decision. Using an amendment to the constitution, congress can reverse or amend a court ruling. When congress lowered the voting age to 18 in 26th amendment it overturned Oregon v Mitchell 1970.
- Senate ratifying presidential nominations.
- individual justices can be impeached and removed by congress
- The constitution gives congress the authority to determine the total number of justices on the court.
standing committees: Both houses have them, they are policy specialists.
- conducting the committee stage of bills where they hear 'witnesses' related to it such as other congress members who are proposing it.
- Conducting investigations
- Confirming presidential appointments, for example senate judiciary committee hears all federal judicial appointments.
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