Congress Article 1 - Designed to prevent tyranny Represent loc...

Congress Congress Article 1 Designed to prevent tyranny Represent local district and state interests The Structure of Congress Bicameral Nature Two houses – HOR and senate Arrangement from the Philadelphia convention where delegates compromised Compromise = 2 chamber structure House of representatives = proportional to state proportional representation based on population. 435 members. State seats are reapportioned after 10 year census, some states gain seats e.g. 2010 Texas delegation rose from 32 to 36 Senate = states to be equally represented. 100 members, each state has 2 senators Delegates wanted legislature directly elected by people while others wanted it indirectly elected so compromise House of Representatives = directly elected Senate = indirectly elected, appointed by state legislatures until 17 th

amendment 1914 when direct elections held The Election Cycle 1/3 senate re-elected every 2 years and whole of the House of Representatives re-elected Congressional elections every 2 years, and they coincide with a presidential election every 4 years, known as mid-terms, when they occur in the middle of presidential term of office 2020 – All of house, 1/3 senate, President 2022 – All house, 1/3 senate Frequent mid-term elections can change overall control of congress = can change between united and divided government 2017-2018 Trump = united 2019-2020 Trump = divided (lost HOR) Constitution wasn’t prepared for hyper party polarisation 2021 Senate = controlled by democrats (48 democrats and 2 independents who vote democrat e.g. Bernie Sanders of Vermont), as its 50/50, the democrat VP Harris gets a tie-breaking vote Frequent elections for representatives keep constituencies needs in mind Membership of congress Constitution has specific terms All members must take Oath to support constitution before they exercise duties of office Wanted congress to be representative of people so allow anyone – native/adoptive, wealthy/poverty, religious, faith However today, lots of money is needed for campaign Sharice Davids – young, lesbian, native America = diversity, house, Kansas Joe Manchin – old white democrat, opposed build Back Better, Senator, republican House of Representatives 25 years Citizen for 7 years Inhabitant of state 2-year term – whole re-elected 435, 7 states only have 1 member, California has the most at 53 (40 million population) Each representative in state represents a congressional district, redrawn every 10 years due to census It has the speaker of the house (majority party), majority and minority leaders, majority and minority whips No term limits House is chaired by a speaker – Nancy Pelosi, appoints members to committees (allows political bias), determines which legislation is assigned to which committee, lots of Senate 30 years old Citizen for 9 years Inhabitant of state 6 years = more mature, 1/3 re-elected every 2 years 100 – 2 per state Vice president presides over senate Majority and minority leaders No term limits Longest serving senator ‘senior senator’ and shortest serving ‘junior senator’ Chaired by Vice President, 1 / 3

legislative power as she can easily kill a bill, determines house legislative agenda can break a tie Unlimited debate – filibustering allowed The distribution of powers within Congress Article 1 gives enumerated powers which are exercised concurrently by both houses Legislate Override veto Representation Propose amendment Declare war Investigation Confirm new Vice President Powers of the House of representative s Beginning consideration of all money bills Bringing charges of impeachment Choosing the president if the electoral college is deadlocked Concurrent powers Creating legislation Oversight of the executive branch Overriding the presidential veto Initiating constitutional amendments Declaring war Confirming an appointed vice president Powers of senate Ratifying treaties Confirming appointments Trying cases of impeachment Choosing the vice president if the electoral college is deadlocked Concurrent powers of congress Creating legislation Granted by constitution Both houses equal = all bills must pass through all stages in both houses Both houses must agree to proposed law in same form before it can be sent to president Obama asked for healthcare reform – 2010 Affordable Care Act Trump asked for tax cuts = Tax Cuts and Jobs Act 2017 Oversight of the executive branch Congressional review and investigation of the activities of the executive branch of government Implied power Congress establishes and votes on the budget of all the executive departments and agencies who fun them Congressional oversight over the executive occurs in the committee rooms exercised by congressional standing and select committees 2016 Trump election, allegations of collusion with the Russians – both houses held investigations e.g. the House intelligence committee but none found evidence of collusion Overriding presidential veto Both houses must vote with 2/3 majority Bush had 4 veto overrides of 12 veto’s e.g. the Water Resources Development bill 2007 Obama had 1 override of 12 veto’s – 2016 Justice Against Sponsors of Terrorism Act – large majority acquired Initiating constitutional amendments 2 hours are equal in initiating constitutional amendments 2/3 majority needed in both houses before sent to states for ratification Declaring war Must houses must concur, only 5 occasions, last being 1941 on Japan Confirming an appointed vice president 25 th amendment gave houses power to confirm newly appointed VP Only applies to appointed VP, not elected Occurs when VP becomes president, dies or resigns in office so a new one is needed Occurred twice e.g. Nixon resigned and Ford became president so Rockefeller became VP and was approved Exclusive powers of the House of Beginning consideration of all money bills Only house was originally directly elected which is why they had say in matters concerning money Senate must also pass and may amend the bills so not a hugely significant 2 / 3

Representat ives power Bringing charges of impeachment Grant power to impeach and remove from office for treason, bribery or other high crimes and misdemeanours Two stage process, each house involved House has used power 21 times since 1789 e.g. Trump 2021 incitement for insurrection Choosing the president if the electoral college is deadlocked If no presidential candidate wins an absolute majority of the electoral collage votes, the HOR elects the president Used twice, 1800 Thomas Jefferson elected Speaker of the house House is chaired by a speaker – Nancy Pelosi, appoints members to committees (allows political bias), determines which legislation is assigned to which committee, lots of legislative power as she can easily kill a bill, determines house legislative agenda Appoint majority members to the house rules committee, enforces rules of the House, appoints select committee and conference committee chairs There is not a speaker in the Senate - as there are 100 senators they don’t need as much control as the ‘rowdy’ house would.Exclusive powers of the senate Ratifying treaties 2/3 majority needed, all treaties negotiated by president President keeps senate informed during negotiations 2010 – 71-26 votes in favour of START treaty with Russia under Obama Increasing party polarisation has led to use of executive agreements as 2/3 majority harder to achieve e.g. JCPOA Obama but a successor can easily void this e.g. Trump withdrew JCPOA Confirming appointments Simple majority Judicial appointments, executive branch appointments Ruth Bader Ginsburg died 2020 and trump nominee Amy Coney Barrett was confirmed 52-48 When a vacancy opens in a senior executive branch post, president seeks senate approval e.g. 2018 Trump put Mike Pompeo as secretary of state Informal agreement of ‘senatorial courtesy’ allows president to confer with a senator of their own party before they make a nomination Trying cases of impeachment Senate is sole power to try all impeachment Senate trial determines if a person is guilty of charges and if 2/3 approve, then person is immediately removed Senate quitted Trump 2021, HOR voted 232-197 however senate 57-43 which wasn’t enough for 2/3 majority so he was quitted, 7 republicans did vote against him = bipartisan vote Congress can’t be impeached as they aren’t considered offices of the United States, they’re ‘representatives of the people’ so can’t be removed from office They can be expelled for disorderly behaviour e.g. 2002 Democrat Traficant Ohio for bribery and tales tax returns Choosing the vice president if the electoral college is deadlocked Senate choses VP, VP is president of the senate Used twice e.g. 1800 to elected VP Aaron Burr Comparing the House and the Senate Suggested that senate is more powerful and many house members seek election in senate e.g. 2017 50 former house members in senate Senators represent entire state and enjoy 6-year term compared to 2 Smaller senate size means senator is more likely to gain a leadership position more quickly than a house member and more likely to have an influence Congressman – representative Henry Cuellar – 28 th congressional district of Texas Senator – John Corbyn – state of Texas Senate seen as launching pad for presidential campaign e.g. Biden was former

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