Lesson 4 Questions from book

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Questions and Answers

What restricts the ease with which legislation can be passed in Congress?

The use of filibusters in the Senate.

The veto power of the President.

The three-fifths compromise.

The requirement for both houses to pass identical bills. (correct)

What was one effect of the Articles of Confederation that influenced the Constitutional Convention?

It eliminated the need for state representation.

It established a successful model for a bicameral legislature.

It caused inadequacies in federal taxation and regulation. (correct)

It promoted strong federal authority over states.

What adjustment occurs every ten years in relation to congressional membership?

Increase in the number of senators.

Election of a new House majority leader.

Redistricting based on population changes. (correct)

Change in the minimum age for representatives.

What was the guaranteed number of representatives each state could have in the House?

At least one representative. Signup and view all the answers

Which concept played a significant role in the structure of the U.S. bicameral legislature?

Historical bicameral systems in Europe. Signup and view all the answers

What is one reason the framers designed a difficult legislative process?

To maintain conservative elements in governance. Signup and view all the answers

Which type of representation does Washington, DC have in Congress?

Non-voting delegate Signup and view all the answers

What was a significant proposal made by Virginia's delegates during the Constitutional Convention?

To create a bicameral legislature based on population Signup and view all the answers

What was one of the primary reasons that larger states opposed the existing system under the Articles of Confederation?

The equal representation of all states regardless of size Signup and view all the answers

What was the ultimate outcome of the discussions at the Constitutional Convention?

The creation of the United States Congress Signup and view all the answers

Which compromises were essential in the establishment of the bicameral Congress?

Virginia and New Jersey Plans Signup and view all the answers

Which clause of the Constitution allows Congress to take actions not explicitly listed as powers?

Necessary and Proper Clause Signup and view all the answers

What is a key reason most of Congress's daily actions are not included in the enumerated powers?

The Constitution grants Congress general directions to fulfill its duties Signup and view all the answers

What ensures that the removal of a president is a rare occurrence?

The large number of elected officials involved in the decision Signup and view all the answers

What distinguishes inherent powers from enumerated and implied powers?

Inherent powers arise from the federal government’s existence Signup and view all the answers

What responsibility is not uniquely assigned to the House of Representatives?

Confirming treaties Signup and view all the answers

What is the primary role of the Speaker of the House?

To assign bills to committees and decide on presentation for votes Signup and view all the answers

How does the committee system in Congress primarily benefit the legislative process?

By allowing specialization and division of legislative work Signup and view all the answers

What role do party conferences play in the House of Representatives?

They elect leaders and discuss key strategies. Signup and view all the answers

Which position is specifically mentioned in the Constitution as a key leadership role in the House?

Speaker of the House Signup and view all the answers

What determines which party conference is considered the majority in Congress?

The number of members in each conference. Signup and view all the answers

What happens to the Speaker of the House when their party loses a majority?

They retain their position until a new election. Signup and view all the answers

In what way is the Speaker of the House crucial to the functioning of Congress?

They control the agenda, managing legislative priorities. Signup and view all the answers

What distinguishes the Speaker's position from other congressional leaders?

They are elected by the entire body of representatives. Signup and view all the answers

What may occur if the Speaker of the House feels their leadership position is threatened?

They may resign from the position. Signup and view all the answers

Which practice weakens the specialization monopolies of committees in the House and Senate?

Multiple referrals of bills to various committees Signup and view all the answers

What is the primary role of standing committees in Congress?

To decide which proposed bills to report out for a vote Signup and view all the answers

What is a significant power held by committee chairs in the House of Representatives?

They control the committee’s budget and meeting scheduling. Signup and view all the answers

What ultimately happens to most legislation proposed in Congress?

It is often killed in committee rather than being passed. Signup and view all the answers

Which group typically provides expert opinions during the bill hearing process?

Industry lobbyists and academic experts. Signup and view all the answers

What is a characteristic of hearings held by committees in Congress?

They provide opportunities for expert evaluations of the proposed bills. Signup and view all the answers

What happens to a bill if a committee decides not to advance it after the markup stage?

It is tabled, meaning it is likely dead but can be revisited. Signup and view all the answers

What is required for the Senate to invoke cloture and end a filibuster?

A three-fifths majority of votes. Signup and view all the answers

Which tactic was historically used by senators to prevent the Senate from acting on a bill?

Filibuster. Signup and view all the answers

What is one method Congress can use to resolve differences in bills passed by the House and Senate?

Create a conference committee to reconcile the bills. Signup and view all the answers

Which outcomes are possible if the president vetoes a bill?

A two-thirds vote from both chambers can override the veto. Signup and view all the answers

How has the process for passing legislation changed in recent decades?

There are now more alternate routes for legislation to be passed. Signup and view all the answers

Study Notes

The Origins of the U.S. Constitution and the Convention

The Articles of Confederation failed to keep the young republic together.
Delegates from all states (except Rhode Island) met in Philadelphia in 1787 to revise the Articles.
The Constitutional Convention of 1787 ultimately replaced the Articles with the U.S. Constitution.

The Great Compromise and Bicameralism

Virginia proposed a bicameral Congress with representation based on population, favoring larger states.
New Jersey countered with a single-chamber Congress with equal representation, favoring smaller states.
The Connecticut Compromise, or Great Compromise, established a two-chamber Congress:
- The Senate: two senators per state, satisfying smaller states.
- The House of Representatives: representation based on population, fulfilling the needs of larger states.

Powers and Limitations of Congress

Article I of the U.S. Constitution outlines the powers and limitations of Congress.
Congress has the power to:
- Levy taxes
- Borrow money
- Regulate commerce
Congress has the power to set minimum age requirements for members.

Bicameralism: A Look at History and Function

The concept of a bicameral legislature is deeply rooted in European history.
The framers intentionally structured the U.S. Senate differently from the House of Representatives to foster diverse representation.
The bicameral system requires both houses to pass identical bills, ensuring deliberation and consensus.
This system:
- Prevents impulsive legislation.
- Promotes conservatism in government.
- Makes it difficult for one group to dominate and enact unfair laws.

Apportionment of Seats in the House and Senate

The Senate has 100 seats, with two senators from each state.
Senators were initially appointed by state legislatures but are now elected by popular vote.
The House of Representatives has 435 seats, distributed based on each state's population.
Each state is guaranteed at least one seat in the House.
The equal proportions method is used to allocate seats based on U.S. Census Bureau population data every ten years.

Redistricting and Challenges to Representation

Redistricting occurs every ten years after the Census to ensure each district has a similar number of voters.
The number of representatives in the House is capped at 435.
Challenges to fair representation:
- The size of a representative's constituency averages over 700,000.
- Residents of Washington, D.C., lack voting representation in the House.

The Three-Fifths Compromise and Gerrymandering

The Three-Fifths Compromise counted enslaved people as three-fifths of a person for congressional representation.
Gerrymandering involves manipulating legislative district boundaries to favor a particular candidate or party.
Gerrymandering can dilute the voting power of minority groups and create "safe seats" for a particular party.
While questionable ethically, gerrymandering is legal.

The Voting Rights Act of 1965 and its Impact

Following the abolition of slavery and the end of Reconstruction, attempts were made to prevent African Americans from voting.
The Voting Rights Act of 1965 removed many hurdles to voter registration and voting for African Americans.
The act led to the creation of majority-minority districts to enhance African American representation in Congress.
While these districts achieved their goals, they have also been criticized as a form of gerrymandering.

Congressional Power: Checks and Balances

Congress has significant power to check the executive branch.
Congress has the sole power to introduce legislation, restricting the president's ability to independently develop laws they are empowered to enforce.
The Senate's power to approve the president's nominees for cabinet positions and judicial appointments forces the president to consider Congress's perspective when selecting key government officials.
The House of Representatives can impeach the president or other federal officials for wrongdoing, initiating the process of removal from office. The Senate conducts the trial and ultimately decides whether to remove the official. This process ensures the president's power is accountable and safeguards against potential abuse of power.

Congressional Power: Beyond the Enumerated

The Constitution grants Congress broad powers beyond those explicitly listed.
The Necessary and Proper Clause allows Congress to pass laws that are "necessary and proper" for carrying out its enumerated powers. This has been a significant source of congressional power, enabling the creation of laws regarding banking, minimum wage, and interstate highway construction.
Inherent powers are those that Congress assumes are essential for the government to function, even though they are not explicitly stated in the Constitution. These include controlling borders, expanding territory, and defending against internal threats.

The Significance of Congressional Power

The power of Congress is rooted in its constitutional role as a legislative branch.
Congressional powers serve as checks and balances against other branches, ensuring a separation of powers and a system of accountability.
Congress's ability to make laws, approve nominations, impeach officials, and exercise inherent powers underscores its crucial role in governing the United States.

Congress Leadership

Congress has two major parties - the Democrats and the Republicans
Each party has a conference in each chamber
The conference elects party leaders. These leaders manage the party members in each chamber
Each Conference has a majority conference and minority conference
The majority Conference is the party with more members
The minority Conference is the party with fewer members
The Speaker of the House is elected by the entire House of Representatives
The Speaker of the House is the presiding officer of the House of Representatives
The Speaker is the administrative head of the House
The Speaker is the elected representative of a single congressional district
The Speaker is the partisan leader of the majority party in the House
The Speaker acts as a leader for the majority party in the House
The Speaker oversees the House of Representatives
The Speaker has the power to assign bills to committees
The Speaker has the power to decide when a bill will be presented to the floor for a vote
The Speaker has the power to appoint members and chairs to committees
The Speaker has the authority to create select committees
The Speaker can select a member to be speaker pro tempore
The Speaker presides over joint sessions between the House and Senate
Each conference elects two leaders: the majority and minority leaders
Majority leaders have more power than minority leaders because they are the leading members of the governing party
The majority leader is in the best position to become Speaker when the current Speaker leaves
Whips are responsible for ensuring party discipline
Whips ensure members of the party vote as a bloc
Whips are responsible for encouraging members to toe the party line
The Senate also has majority and minority leaders and whips
The Senate does not have a Speaker of the House
The duties of the Speaker of the House are performed by the majority leader in the Senate
The President of the Senate is the Vice President of the United States
The President of the Senate can only vote in case of a tie
The Senate has a President Pro Tempore who acts as the presiding officer
The President Pro Tempore is usually the most senior Senator of the majority party
The President Pro Tempore is largely a ceremonial role

The Committee System

The committee system is important to Congress for organizing the work of the chamber
Each chamber has a specialized committee system that divides the workload
Bills are created within committees
Committees have subcommittees, select committees and joint committees
Most of the work that sets the Congressional agenda takes place within committees
Standing Committees form the core of the committee system
There are 20 standing committees in the House of Representatives and 16 in the Senate.

Congressional Committees

Committees in the House and Senate have significant power over the legislative process.
Committees hold hearings to gather information and consider expert opinions.
While committees are chaired by members of the majority party, all members of the house or senate can participate.
Most bills die in committee, but those that move forward are sent to the chamber with a committee report.
The committee report includes the majority opinion on the bill, a minority view, and cost and impact estimates.
The House and Senate each have four types of committees: standing, joint, conference, and ad hoc.
Standing committees, permanent committees, are the first to consider most proposed bills.
Joint committees, with members from both houses, review specific topics, but lack bill-referral authority.
Conference committees, used for reconciling bills differing between the House and Senate, are appointed as needed.
Ad hoc committees are temporary, focusing on specific issues like aging or ethics.
Committee hearings can become highly political, as seen in the House Select Committee on Benghazi.
Members of Congress often seek committee positions that align with their experience and interests.
Committee chairs wield significant power over the committee, controlling budgets and meeting procedures.
House committee chairs have term limits, while Senate chairs have longer terms but may hold multiple positions.
Senate committees have a wider scope for policy review given the smaller size of the chamber.
Historically, House members respect committee decisions, while senators view them as recommendations, encouraging debate.

Traditional Lawmaking

The traditional legislative process involves drafting, introduction, referral to committee, hearings, markup, and voting.
While anyone can draft legislation, only members of Congress can introduce bills.
Revenue bills must originate in the House, as stipulated in the Constitution.
Once introduced, bills are referred to a committee by the majority leadership, following the parliamentarian's advice.
Committees may hold hearings to gather expert opinions on a bill.
In markup, amendments are discussed and voted upon.
A bill is tabled if the committee decides not to advance it, killing the bill unless brought back for a vote.
Bills advancing from committee are sent to the full chamber (House or Senate).
In the House, bills are subject to rules established by the Committee on Rules, including debate limits.
Bills advancing in the House are sent to the Senate.
Senate committees may also review bills.
The Senate is more flexible with debate rules, allowing for filibusters.
A filibuster is a tactic where a senator speaks for extended periods to prevent the Senate from taking action.
Rule 22 allows Senate to hold a cloture vote to end debate, requiring two-thirds majority.
Cloture threshold was lowered to three-fifths in 1975, except for judicial nominations requiring a simple majority.
The budget reconciliation process allows some bills to be passed with a simple majority, avoiding filibusters.
If a bill passes both chambers, it goes to the president for approval.
If the president vetoes a bill, Congress can override the veto with a two-thirds majority in both chambers.

Modern Lawmaking

The modern legislative process has adapted, incorporating new methods and shifts in power dynamics.
Budget reforms of the 1970s introduced a new mechanism for comprehensive policy changes.
Using budget resolutions to pass policy changes, known as omnibus bills, gained popularity in the 1980s.
Greater power and influence of party leadership over congressional bills has increased in recent decades.
Heightened partisanship creates a need for party leadership to guide bills, influencing outcomes.
House leadership uses special rules to manage bills and restrict debate and amendments.
Multiple referrals of bills to numerous committees have reduced the specialized power of committees.
Senate leadership can employ the modern filibuster, requiring a supermajority (60 votes) to proceed with a bill.
Modern filibuster is a perversion of cloture rules, giving minority power to obstruct legislation easily.

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