Chapter Four Congress Multiple Choice 1. What indication is there that the founders feared legislatures from their experience in the states and sought to limit Congress’s power? a. They placed term limits on Congress. b. They limited the size of each house of Congress. c. They began with the phrase “All legislative powers herein granted . . . ”. d. They gave the president the veto power. e. They appointed a special committee to elect members of Congress. Answer: c. They began with the phrase “All legislative powers herein granted . . . ”. 2. Which of the following is NOT a power of Congress? a. to appoint federal judges and justices b. to lay and collect taxes, duties, imposts, and excises c. to coin money, set its value, and punish counterfeiting d. to declare war e. to approve redistricting of states. Answer: a. to appoint federal judges and justices 3. In terms of their relationship to Congress, Presidents a. can make Congress do whatever they want. b. can ignore Congress altogether. c. can get rid of Congress by dissolving it. d. can call new elections. e. must recognize Congress has power. Answer: e. must recognize Congress has power. 4. Which aspect of Congress did Madison fear the most? a. The Senate. b. The House. c. Both the Senate and the House. d. Madison trusted Congress. e. The Speaker of the House Answer: a. The Senate. 5. The framers created a bicameral Congress as a means of a. forcing each house to consider different types of legislation. b. permitting each house to check the actions of the other. c. keeping the Supreme Court in check. d. assuring equal representation to the states. e. to encourage a variety of ideas. Answer: b. permitting each house to check the actions of the other. 6. Which of the following pertains to the House, and NOT the Senate? a. two-year terms b. 100 members c. virtually unlimited debate d. more prestige e. filibuster Answer: a. two-year terms 7. Why does the Constitution provide that each state shall have two senators? a. so that each state’s senator can cancel out the vote of its other senator b. Two was a more convenient number than three. c. to compensate the small states for the overrepresentation of the large states in the House of Representatives d. to compensate the Senate as a body for not having control over money bills e. there is no real reason behind the provision for two senators. Answer: c. to compensate the small states for the overrepresentation of the large states in the House of Representatives 8. The divided form of the American Congress is called a a. bivalve legislature. b. biannual legislature. c. bi-level legislature. d. biped legislature. e. bicameral legislature. Answer: e. bicameral legislature. 9. What constitutional feature of the initial Senate was designed mainly to make it, in James Madison’s words, the “necessary fence” against the “fickleness and passion of the people”? a. The six-year term of office. b. The equal number of senators per state. c. The smaller size of the Senate. d. The composition of the Senate. e. The indirect election of the senators. Answer: e. The indirect election of the senators. 10. Which of the following is not a power of Congress? a. The power over interstate commerce. b. The power to make war. c. The power to regulate money. d. The power to create lower federal courts. e. The power to approve nominations. Answer: b. The power to make war. 11. How many voting members are in the House of Representatives? a. 435. b. 535. c. 465. d. 438. e. 505. Answer: a. 435. 12. What is the “elastic clause” of Congress? a. The “necessary and proper clause” of Article I, Section 8. b. The “take care clause” of Article II. c. The “interstate commerce clause” of Article I, Section 8. d. The “supremacy clause” of Article VI. e. The Articles of Confederation. Answer: a. The “necessary and proper clause” of Article I, Section 8. 13. Congressional districts are reapportioned: a. every 3 elections. b. every 5 years. c. every 10 years. d. every 20 years. e. every 25 years. Answer: c. every 10 years. 14. Gerrymandering is the process of: a. making every Congressional district look like a salamander. b. balancing a congressional district on the basis of ethnic backgrounds. c. balancing every congressional district by population. d. removing people from elected office. e. shaping congressional districts to benefit one political party over another. Answer: e. shaping congressional districts to benefit one political party over another. 15. Which group is the most underrepresented in Congress? a. Poor students. b. Millionaires. c. Lawyers. d. Males. e. incumbents Answer: a. Poor students. 16. Prior to 1913, most members of the Senate a. were chosen by state assemblies. b. served seven-year terms, with a limit of two terms. c. were chosen via direct popular vote. d. were chosen by their state legislature. e. were chosen by the President. Answer: d. were chosen by their state legislature. 17. The power to impeach is a. possessed by the House of Representatives alone. b. exercised jointly by the House of Representatives and the Senate. c. not mentioned in the Constitution. d. rooted in the elastic clause. e. held by the Supreme Court. Answer: a. possessed by the House of Representatives alone. 18. Members of the House of Representatives serve __________ terms. a. two-year b. four-year c. six-year d. eight-year e. ten-year Answer: a. two-year 19. Which of the following best describes the relationship between Congress and the president? a. competition and cooperation b. acerbic and polemical c. cautious and skeptical d. affectionate and supportive e. antagonistic and cooperative Answer: a. competition and cooperation 20. The members of Congress are a. disproportionately rich, white, and male. b. disproportionately conservative. c. disproportionately concerned with the poor. d. a good representation of the diverse American population. e. disproportionately white and female. Answer: a. disproportionately rich, white, and male. 21. Congress, as a body, a. contains fewer lawyers than in the past. b. is less diverse than ever before. c. contains more lawyers than in the past. d. is comprised mostly of small business owners. e. contains less millionaires than in the past. Answer: a. contains fewer lawyers than in the past. 22. The Reapportionment Act of 1929 a. fixed the total number of congressional representatives at 435. b. was declared unconstitutional by the Supreme Court in 1936. c. fixed the total number of congressional districts at 538. d. Fixed the total number of members in the Senate at 106. e. fixed the total number of members in the House of Representatives at 435. Answer: e. fixed the total number of members in the House of Representatives at 435. 23. The process of adjusting the number of House members allotted to each state is called a. readjustment. b. reapportionment. c. congressional apportionment. d. congressional construction. e. majority-minority districting Answer: b. reapportionment. 24. The process of redrawing congressional district maps is called a. smothering. b. devolution. c. reapportionment. d. deconstruction. e. redistricting. Answer: e. redistricting. 25. Congressional district maps must be approved by a. the Federal Bureau of Investigation. b. the Supreme Court. c. the Justice Department. d. the Civil Rights Commission. e. the President. Answer: c. the Justice Department. 26. A majority-minority district is a. a congressional district designed to include so many members of minority groups so that the opportunity for a minority candidate to be elected is greatly improved. b. a congressional district designed to include so many members of majority groups so that the opportunity for a majority candidate to be elected is greatly improved. c. a congressional district designed to make it very difficult for a minority candidate to avoid a run-off election. d. a congressional district designed to make it very difficult for a majority candidate to avoid a run-off election. e. a process of redrawing voting district lines from time to time and adjusting the number of representatives allotted each state. Answer: a. a congressional district designed to include so many members of minority groups so that the opportunity for a minority candidate to be elected is greatly improved. 27. In the case of Shaw v. Reno (1993), the Supreme Court ruled that a. majority-minority districts were not a violation of the Thirteenth Amendment. b. majority-minority districts were unconstitutional. c. minority-dominated congressional districts were a violation of the Tenth Amendment. d. minority-dominated congressional districts were not a violation of the Tenth Amendment. e. redrawing voting district lines from time to time is constitutional. Answer: b. majority-minority districts were unconstitutional. 28. Majority-minority congressional districts may be constitutional if a. the majority of the residents identify as Democrats. b. only a small minority are registered voters. c. race is not the overriding consideration. d. race is the only consideration. e. the majority of residents identify as Republicans. Answer: c. race is not the overriding consideration. 29. A representative who substitutes his or her own judgment for that of his or her constituents acts as a(n) a. delegate. b. trustee. c. politico. d. authoritarian. e. incumbent Answer: b. trustee. 30. Term limits a. are yet to be passed by either house of Congress. b. exist only in the House. c. exist only in the Senate. d. exist in both the House and the Senate. e. exist only in the Supreme Court. Answer: a. are yet to be passed by either house of Congress. 31. On average, incumbency rates since World War II are a. 60 percent in the House of Representatives, and 15 percent in the Senate. b. 70 percent in the House of Representatives, and 75 percent in the Senate. c. 92 percent in the House of Representatives, and 80 percent in the Senate. d. 80 percent in the House of Representatives, and 50 percent in the Senate. e. 50 percent in the House of Representatives, and 50 percent in the Senate. Answer: c. 92 percent in the House of Representatives, and 80 percent in the Senate. 32. The greatest advantage incumbents hold is a. franking privileges. b. casework responsibilities. c. name recognition. d. financial backing. e. term limits. Answer: d. financial backing. 33. Edmund Burke’s theory of how members of a legislature should represent a district is: a. the legislator must act as a delegate, only doing what the people want. b. the legislator must act as a trustee, doing what he/she believes to be correct. c. the legislator must act as a politico, doing a combination of a and b. d. the legislator must do as little as possible, so as not to cause harm. e. the legislator must always do what his or her party wants. Answer: b. the legislator must act as a trustee, doing what he/she believes to be correct. 34. The Speaker of the House a. is a purely partisan actor. b. is usually the greatest orator. c. is the leader of the majority party. d. cannot vote a pending legislation. e. is a position not mentioned in the Constitution. Answer: c. is the leader of the majority party. 35. The House majority leader a. must support the policies of the opposition party. b. is elected by the conference of federal judges. c. is elected by the party caucus. d. has the same constitutional authority as the vice president. e. cannot vote on pending legislation Answer: c. is elected by the party caucus. 36. The minority leader is a. chosen by the largest racial minority in the Senate. b. chosen by the smallest racial minority in the House of Representatives. c. by default, a conservative Democrat. d. the leading official in the majority party. e. the head of the minority political party. Answer: e. the head of the minority political party. 37. Congressional whips a. are called so because of the rods they carry about the chamber. b. are responsible for making certain that party members support the party’s policies. c. are mandated by the Constitution to be bipartisan. d. are mandated by the Constitution to be partisan. e. are responsible for trying to get the opposing party to support legislation. Answer: b. are responsible for making certain that party members support the party’s policies. 38. The day-to-day business of the Senate is controlled by a. the vice president. b. the Senate majority leader. c. the Senate majority whip. d. the president pro tempore. e. the Speaker of the House. Answer: b. the Senate majority leader. 39. Which of the following committees would investigate allegations of bribery in the Agriculture Department? a. a standing committee b. a select committee c. a conference committee d. a joint committee e. an agricultural committee Answer: b. a select committee 40. Which of the following committees would oversee the Government Printing Office? a. a standing committee b. a select committee c. a conference committee d. a joint committee e. a budget committee Answer: d. a joint committee 41. The Speaker of the House a. is not mentioned in the Constitution. b. has no relation to the majority party in Congress. c. is third in line for the presidency. d. is appointed by the president. e. is next in line for the vice presidency Answer: c. is third in line for the presidency. 42. The Senate majority leader a. is also the vice president of the United States. b. also serves as the president pro tempore. c. is selected by the majority party. d. is third in line for the presidency. e. is next in line for the vice presidency. Answer: c. is selected by the majority party. 43. Which of the following committees is the most important committee in both houses of Congress? a. standing committee b. select committee c. conference committee d. joint committee e. special committee Answer: a. standing committee 44. Which of the following is a standing committee in BOTH the House and the Senate? a. Ways and Means b. Education and the Workforce c. Environment and Public Works d. Appropriations e. Health and Welfare Answer: d. Appropriations 45. Why does Congress use committees? a. to enable Congress to do its work effectively. b. to enable citizens to have better control over Congressmen. c. to ensure Congressman don’t have to much work to do. d. to ensure the House and Senate don’t compete with each other. e. none of the above. Answer: a. to enable Congress to do its work effectively. 46. Legislation is scheduled for discussion in the House by: a. the schedule committee. b. the Rules Committee. c. the Rules Committee in name, but in reality by the Speaker. d. the Operations Committee. e. the President of the United States. Answer: c. the Rules Committee in name, but in reality by the Speaker. 47. Because of their visibility and campaign advantages, incumbents are usually reelected to Congress; however: a. they are more often reelected in the House than the Senate. b. they are more often reelected in the Senate. c. they are reelected at about the same rate. d. the power of incumbency has been dropping. e. citizens always complain about their re-elections despite voting them back into power. Answer: a. they are more often reelected in the House than the Senate. 48. The most powerful Speaker of all time was: a. Thomas “Tip” O’Neill. b. Nancy Pelosi. c. Joe Cannon. d. John Roberts. e. Thomas B. Reed. Answer: e. Thomas B. Reed. 49. In the Senate, the schedule for considering legislation is usually set by: a. the Senate Rules Committee. b. the majority leader. c. the minority leader. d. the majority and minority leaders consulting with each other. e. the President. Answer: b. the majority leader. 50. How much power does the majority leader of the Senate have to influence the vote of a Senator from his/her party? a. None. b. Absolute. c. Some power on small issues, but none on major issues. d. Some power on major issues, but none on small issues. e. Only the power of personal persuasion. Answer: e. Only the power of personal persuasion. 51. The vice president’s role in the Senate is to: a. lead the Senate from behind-the-scenes. b. help the Senate set their policy direction. c. cast the tie-breaking vote in tie votes. d. help to draft legislation on major issues. e. sit in the background and have not role in the decision making process. Answer: c. cast the tie-breaking vote in tie votes. 52. A conference committee does the following: a. allows members of Congress to hold fact-finding hearings. b. allows members of Congress to confer with the public. c. allows members from both houses of Congress to resolve differences in legislation that has been passed in different forms in each house. d. allows members of Congress to meet with the press. e. allows members of Congress to meet with the President. Answer: c. allows members from both houses of Congress to resolve differences in legislation that has been passed in different forms in each house. 53. Unanimous consent agreements a. are also used in the House of Representatives. b. must be signed by the president. c. are subject to review by the Supreme Court. d. are used in the Senate to schedule and structure debate. e. are initiated by the president and then moved to the Senate. Answer: d. are used in the Senate to schedule and structure debate. 54. An amendment added to a bill in the House of Representatives a. must be short. b. must be germane. c. must have the signature of the president. d. must be agreed to by the entire Senate. e. must pass the standards test. Answer: b. must be germane. 55. The line item veto a. is still possessed by Congress. b. was struck down as unconstitutional in 1998. c. is a clear violation of the national supremacy clause. d. is a restriction on the Ninth Amendment. e. is a violation of the commerce clause. Answer: b. was struck down as unconstitutional in 1998. 56. Amendments to Senate bills are called a. riders. b. chasers. c. line items. d. ornaments. e. pet projects. Answer: a. riders. 57. A filibuster is a. a measure used in the House of Representatives to speed up debate. b. a measure used in the Senate to stop the passage of a bill or stop a vote on presidential appointments. c. used to nullify a hold. d. stopped by a line item veto. e. a provision in legislation, often an appropriation bill, directing spending for a specific program, agency, or region. Answer: b. a measure used in the Senate to stop the passage of a bill or stop a vote on presidential appointments. 58. A request by a senator not to bring a measure up for consideration is called a(n) a. rider. b. filibuster. c. unanimous consent agreement. d. earmark. e. hold. Answer: e. hold. 59. An informal, unwritten rule of Congress that more senior members are appointed to committees and as chairpersons of committees is referred to as a. mandatory promotion. b. compulsory improvement. c. positive reinforcement. d. seniority. e. logrolling. Answer: d. seniority. 60. A line item veto is the power given to the _______ to veto a specific provision of a bill involving taxing and spending. a. President b. Speaker of the House c. Senate Majority Leader d. President of the Senate e. President pro tempore Answer: a. President 61. The free mailing of newsletters and political brochures to constituents is called a. an incumbent. b. a franking privilege. c. casework. d. term limit. e. corruption. Answer: b. a franking privilege. 62. A member’s rank in both the House and the Senate depends on a. how he or she has voted on crucial legislation. b. the size of the state he or she represents. c. his or her margin of victory in the election. d. how long he or she has served in that chamber. e. the recommendation of the President. Answer: d. how long he or she has served in that chamber. 63. In reality, how many votes does it take in the Senate to pass important legislation? a. 51. b. A majority of those present and voting. c. 60, for cloture to end a filibuster to be able to vote on the issue. d. A constitutional plurality of the Senate. e. the unanimous vote of members of one party. Answer: c. 60, for cloture to end a filibuster to be able to vote on the issue. 64. At which of the following stages will private citizens have the greatest influence on the passage of legislation? a. introduction b. hearings c. mark up d. floor debate e. nullification Answer: b. hearings 65. Specialization and reciprocity are both forms of a. seniority. b. logrolling. c. cloture. d. riders. e. holds Answer: b. logrolling. 66. Military installations are a form of a. logrolling. b. seniority. c. pork barrel legislation. d. inherent powers. e. holds. Answer: c. pork barrel legislation. 67. Congressional voting decisions a. are rarely based on personal views. b. can be influenced by interest groups. c. are seldom determined by party affiliation. d. are rarely made with voters in mind. e. are never influenced by the president. Answer: b. can be influenced by interest groups. 68. The people who make up the committee members in Congress are: a. staffers hired by the Congress. b. elected members of the Congress. c. federal employees hired by the Executive Branch. d. state employees sent to Washington by their respective states. e. college students who are working as unpaid interns. Answer: b. elected members of the Congress. 69. The process of adding a specific spending provision from a piece of legislation being passed for a certain project or district is called: a. an earmark. b. a line item. c. a categorical grant. d. a project grant. e. a hold. Answer: a. an earmark. 70. Members of Congress vote based on the following: a. cues from similar legislators. b. the wishes of their party. c. the wishes of their constituents. d. all of the above. e. none of the above Answer: d. all of the above. 71. The process of legislators trading votes on pieces of legislation of unconcern to them in order to get votes from those legislators on issues that matter to their district is called a. trade-offs. b. logrolling. c. log-splitting. d. scratching-the-back. e. gerrymandering. Answer: b. logrolling. 72. Congressional subcommittees a. encourage interest group activities. b. are rarely responsive to interest groups. c. are less powerful than they were in the 1970s. d. are comprised of appointed, not elected, officials. e. rarely accomplish any meaningful work. Answer: a. encourage interest group activities. 73. In Congress, seniority a. means nothing. b. is the only thing that lets a member vote against his or her party. c. plays a major role in selecting chairs of committees. d. is only significant in the House. e. allows members to serve more than two terms. Answer: c. plays a major role in selecting chairs of committees. 74. The rules issued by the House Rules Committee a. may be open, closed, or restrictive. b. are determined by a two-thirds majority in the House. c. have little bearing on a bill’s chance of passage. d. are never restrictive. e. meets in order to prevent the passage of legislation Answer: a. may be open, closed, or restrictive. 75. A method by which senators can vote to limit debate and stop a filibuster is referred to as a. cloture. b. stallment. c. censure. d. limitation. e. resolution. Answer: a. cloture. 76. After a bill becomes an enrolled act, it may still require a. an appropriations bill. b. a cloture vote. c. a rider. d. a concurrent resolution. e. a hold. Answer: a. an appropriations bill. 77. The majority required to override a presidential veto is a. three-fifths. b. four-fifths. c. two-thirds. d. three-fourths. e. seven-eights. Answer: c. two-thirds. 78. The president has exercised the pocket veto when a. ten days have passed and the bill is still in the hopper. b. ten days have passed and Congress has adjourned. c. ten days have passed and Congress is still in session. d. ten days have passed and Congress is in special session. e. ten days have passed and the Supreme Court has approved it. Answer: b. ten days have passed and Congress has adjourned. 79. By March 2006, President George W. Bush had issued how many vetos? a. zero (0) b. three (3) c. five (5) d. eight (8) e. nine (9) Answer: a. zero (0) 80. Omnibus legislation a. allows Congress to exercise a veto over the Supreme Court. b. allows Congress to both propose and ratify constitutional amendments. c. allows Congress to hide controversial legislation among bills that have a greater chance of being passed. d. allows Congress to override a presidential veto with a 51 percent majority. e. allows Congress to veto constitutional amendments. Answer: c. allows Congress to hide controversial legislation among bills that have a greater chance of being passed. 81. Which of the following is an example of omnibus legislation? a. the Welfare Reform Bill of 1996 b. the Civil Rights Act of 1964 c. the Clean Air Act of 1983 d. the Americans with Disabilities Act of 1994 e. the Economic Stimulus Bills of 2009 Answer: e. the Economic Stimulus Bills of 2009 82. Continuing resolutions a. do not kick in automatically. b. are bills designed to keep the government running until the new budget is approved. c. require the president’s signature. d. are prohibited by House and Senate rules. e. are bills that never seem to get passed in Congress. Answer: b. are bills designed to keep the government running until the new budget is approved. 83. An enrolled act is a. a separate bill that must be passed by Congress to fund spending measures. b. a bill that has been successfully vetoed by the President. c. a large bill that combines several pieces of legislation. d. a bill designed to keep the government running until the new budget is approved. e. a final version of a bill, approved by both chambers of Congress. Answer: e. a final version of a bill, approved by both chambers of Congress. 84. How many votes does it take in the House of Representatives to pass legislation? a. 200. b. 215. c. 218. d. 235. e. 285 Answer: c. 218. True or False 85. The U.S. Congress is a major power within the American constitutional system, but it is also a democratic body. Answer: True 86. The bicameral structure of Congress serves as evidence that legislative power is elitist and centralized. Answer: False 87. One function of the Senate is to check the potential momentary passions of the House of Representatives. Answer: True 88. The textbook argues that because senators are popularly elected, it is very clear that the Senate, as a body, is more Democratic. Answer: False 89. The necessary and proper clause of Article I, section 8, of the Constitution sharply limits the powers of Congress. Answer: False 90. The First Congress included individuals from the most elite families in America. Answer: True 91. Some of the wealthiest members of Congress claim to represent the interests of the poor. Answer: True 92. Very few male members of Congress work diligently to promote the welfare of women. Answer: False 93. The Reapportionment Act of 1929 fixed the number of senators at two per state. Answer: False 94. Reapportionment changes the size of a state’s congressional delegation. Answer: True 95. Redistricting changes the boundary lines of a congressional distinct. Answer: True 96. A majority-minority district makes it easier for white candidates to get elected in minority districts. Answer: False 97. Gerrymandering received its name from an 1812 political cartoon. Answer: True 98. A representative who takes on the role of a trustee typically comes from a marginal district. Answer: False 99. Incumbency, franking, and casework all work against a representative who faces a strong challenger. Answer: False 100. The Speaker of the Senate is one of the most powerful officeholders in the US government. Answer: False 101. Because the position is not mentioned in the Constitution, the powers of the Speaker of the House are very limited. Answer: False 102. The House majority leader is chosen by the party caucus. Answer: True 103. The position of president pro tempore is essentially honorary. Answer: True 104. The vice president of the United States is the president of the Senate. Answer: True 105. Whip is a fox-hunting term applied to the judicial process. Answer: False 106. Rep. Nancy Pelosi became the first woman to be elected House minority leader. Answer: True 107. Mississippi senator Trent Lott described his job as Senate majority leader in the 1990s as the “easiest thing to do in my life.” Answer: False 108. A unanimous consent agreement refers to the process by which the normal rules of Congress are waived unless a single member disagrees. Answer: True 109. There are only two types of congressional committees. Answer: False 110. The longest individual filibuster in the history of the Senate involved campaign finance reform legislation. Answer: False 111. Logrolling is a form of cooperation. Answer: True 112. The personal views and political ideology of members of Congress are the central variables in determining their voting decisions. Answer: True 113. An override of a presidential veto requires a two-thirds majority by both houses. Answer: True 114. Congress uses the committee system because they can do the business of the government behind closed doors and not allow access to the public. Answer: False Essay Questions 115. Discuss the benefits of a bicameral legislature. Answer: A bicameral legislature, such as the one found in the United States with its House of Representatives and Senate, offers several benefits: 1. Checks and Balances: Having two chambers provides a system of checks and balances. Each chamber can act as a check on the other, preventing one chamber from becoming too powerful. 2. Representation: Bicameralism can ensure broader representation. For example, in the U.S., the House of Representatives is based on population, providing proportional representation, while the Senate offers equal representation to each state, regardless of size. 3. Deliberation and Debate: With two chambers, there are more opportunities for thorough deliberation and debate on proposed legislation. This can lead to more carefully considered laws. 4. Stability and Continuity: The two-chamber system can provide stability and continuity in governance. If one chamber is dissolved or faces challenges, the other chamber can continue to function. 5. Compromise: Bicameralism often requires compromise between the two chambers to pass legislation. This can lead to more moderate and balanced laws. 6. Expertise: Each chamber can specialize in certain areas, allowing members to develop expertise in specific policy areas. 7. Representation of Different Interests: The two chambers can represent different interests or perspectives within society, ensuring that a broader range of views is considered in the legislative process. Overall, a bicameral legislature can help ensure more balanced, deliberative, and representative governance. 116. Discuss the impact of the necessary and proper clause to the powers of Congress. Answer: The Necessary and Proper Clause, found in Article I, Section 8, Clause 18 of the U.S. Constitution, allows Congress to make laws needed to execute its enumerated powers. It has expanded congressional authority by enabling the passage of laws beyond those explicitly listed in the Constitution. Key impacts include: 1. Expansion of Power: Congress can pass laws necessary for carrying out its duties, leading to a broader scope of legislative action. 2. Judicial Interpretation: Landmark cases like McCulloch v. Maryland have upheld the use of implied powers under this clause. 3. Federalism: It sometimes causes tension between federal and state powers, influencing the balance of authority. 4. Legislative Flexibility: Allows Congress to address issues not foreseen by the Founding Fathers, adapting to changing circumstances. 5. Controversies: Critics argue it leads to federal overreach, while supporters see it as essential for effective governance. Overall, the Necessary and Proper Clause is crucial for enabling Congress to function effectively and adapt to new challenges. 117. Comment on the characteristics of congressional members. Answer: Characteristics of Congressional Members: 1. Demographics: • Age: Typically in their mid-to-late 50s. • Gender: Increasing number of women, though still male-dominated. • Race/Ethnicity: Growing diversity, but minorities remain underrepresented. • Education: Most have at least a bachelor’s degree, many have advanced degrees. 2. Professional Background: • Law: Many members are former lawyers. • Business/Finance: Significant number have business backgrounds. • Public Service: Many have previous political or public service experience. 3. Political Affiliation and Ideology: • Partisanship: Strongly divided between Democrats and Republicans. • Ideological Spectrum: Ranges from liberal to conservative, with fewer moderates. 4. Tenure and Experience: • Incumbency: Many are long-serving incumbents. • Seniority: Senior members often hold key leadership positions. 5. Constituency Representation: • Priorities: Vary based on district or state needs (urban vs. rural issues). Congress reflects a mix of demographics, backgrounds, ideologies, and regional interests, shaping legislative priorities and actions. 118. Define and discuss reapportionment and redistricting. Answer: Reapportionment Definition: • Redistributing House of Representatives seats among states based on population changes from the decennial census. Purpose: • Ensure fair representation by adjusting the number of seats each state gets according to its population. Impact: • States with population growth gain seats; states with population decline lose seats. • Can shift political power among states. Redistricting Definition: • Redrawing electoral district boundaries within states to reflect population changes. Purpose: • Ensure equal population in each district for fair representation in the House and state legislatures. Process: • Done by state legislatures or independent commissions. • Must comply with legal requirements, like the Voting Rights Act. Concerns: • Gerrymandering: Manipulating district boundaries to favor a political party or group. Relationship • Sequence: Reapportionment happens first, determining state seat numbers. Redistricting follows, redrawing district lines within states. • Political Impact: Both affect political power and representation, influencing electoral outcomes for a decade. 119. Discuss the Supreme Court’s response to majority-minority congressional districts. Answer: Supreme Court's Response to Majority-Minority Congressional Districts Shaw v. Reno (1993): • Issue: Oddly shaped North Carolina district. • Ruling: Race-based districts must face strict scrutiny. • Impact: Race can’t be the predominant factor in redistricting. Miller v. Johnson (1995): • Issue: Georgia district drawn based on race. • Ruling: Upheld Shaw, race cannot dominate redistricting. • Impact: Emphasized traditional redistricting principles. Bush v. Vera (1996): • Issue: Texas districts challenged for racial gerrymandering. • Ruling: Struck down districts; race was predominant factor. • Impact: Continued scrutiny of race-based redistricting. LULAC v. Perry (2006): • Issue: Texas plan diluted Latino voting strength. • Ruling: Violated Voting Rights Act for one district, upheld rest. • Impact: Protected minority voting rights while maintaining cautious approach to race-based redistricting. Summary • Strict Scrutiny: Race-based redistricting must meet strict scrutiny. • Balance: Race can be a factor but not the predominant one; adhere to traditional principles. • Protection Against Dilution: Safeguards minority voting rights, prevents racial gerrymandering. 120. What are the advantages an incumbent representative enjoys over a challenger? Answer: Advantages of Incumbent Representatives Over Challengers 1. Name Recognition: Incumbents are more widely known to voters. 2. Fundraising: Easier access to campaign funds through established networks. 3. Constituent Services: Ability to provide direct assistance to constituents. 4. Access to Media: Greater visibility and coverage. 5. Experience and Record: Demonstrated effectiveness and achievements. 6. Institutional Support: Backing from political parties and organizations. 7. Franking Privilege: Ability to communicate with constituents at government expense. 8. Gerrymandering: Districts may be drawn to favor incumbents. 9. Voter Loyalty: Established relationships with constituents. 10. Early Start: Can begin campaigning earlier, building momentum. These advantages collectively make it challenging for challengers to compete effectively against incumbent representatives. 121. Discuss the public’s view of Congress. Answer: Public Perception of Congress 1. Low Approval Ratings: • Consistent Trend: Congress has historically had low approval ratings, often below 30%. • Reasons: Perception of inefficiency, gridlock, and failure to address key issues. 2. Partisan Divide: • Polarization: Congress is seen as highly polarized along party lines. • Impact: Public perceives this polarization as hindering progress and bipartisan cooperation. 3. Trust and Confidence: • Decline: Trust and confidence in Congress have declined over the years. • Factors: Scandals, perceived self-interest, and failure to represent the public's interests contribute to this decline. 4. Legislative Output: • Perception of Inaction: Congress is often criticized for its perceived inability to pass significant legislation. • Impact: Public views this as a failure to fulfill its primary function. 5. Economic and Social Issues: • Impact on Perception: Congress's handling of economic, healthcare, and social issues affects public perception. • Criticism: Views of Congress are often influenced by how it addresses these critical issues. 6. Media Influence: • Coverage: Media coverage often focuses on negative aspects, contributing to negative public perception. • Impact: Shapes public opinion and reinforces negative views of Congress. 7. Campaign Finance: • Perceived Influence: Public often perceives that campaign contributions influence legislative decisions. • Distrust: Contributes to a perception of Congress being more responsive to special interests than to the general public. 8. Reform and Change: • Calls for Reform: Many advocate for reforms to make Congress more transparent, accountable, and responsive. • Impact: Public sees reform as necessary to improve Congress's image and effectiveness. Conclusion Public perception of Congress is largely negative, with low approval ratings, perceived partisan gridlock, and a lack of trust and confidence being key issues. The public views Congress as ineffective in addressing critical issues and often influenced by special interests. Reforms and efforts to improve transparency and accountability are seen as essential to restoring public trust in Congress. 122. Define and discuss the major leadership positions in Congress. Answer: Major Leadership Positions in Congress 1. Speaker of the House: • Role: Presides over the House of Representatives, sets the legislative agenda, and plays a key role in committee assignments. • Power: Considered the most powerful position in the House, with influence over legislation and party discipline. • Current: Nancy Pelosi has been the Speaker of the House since January 2019. 2. Majority and Minority Leaders: • Role: Lead their respective party's caucus in the House or Senate, serve as spokespersons for their party, and work to advance their party's agenda. • Power: Influence legislative strategy, negotiate with the opposing party, and play a key role in shaping legislation. • Current: In the House, Steny Hoyer is the Majority Leader, and Kevin McCarthy is the Minority Leader. In the Senate, Chuck Schumer is the Majority Leader, and Mitch McConnell is the Minority Leader. 3. Majority and Minority Whips: • Role: Assist the party leader in managing their party's legislative program, ensuring attendance for important votes, and persuading members to support the party's position. • Power: Serve as liaisons between the party leadership and members, helping to gauge and influence support for legislation. • Current: In the House, James Clyburn is the Majority Whip, and Steve Scalise is the Minority Whip. In the Senate, Dick Durbin is the Majority Whip, and John Thune is the Minority Whip. 4. President pro tempore of the Senate: • Role: Presides over the Senate in the absence of the Vice President. • Power: Mostly ceremonial; the position is typically held by the most senior member of the majority party. • Current: Patrick Leahy has been the President pro tempore of the Senate since January 2021. 5. Committee Chairs: • Role: Lead congressional committees, oversee the committee's work, and play a significant role in shaping and advancing legislation related to the committee's jurisdiction. • Power: Have considerable influence over the legislative process, including setting agendas, conducting hearings, and determining the fate of bills. • Selection: Typically based on seniority, though party leadership also plays a role in committee chair assignments. Conclusion These leadership positions play critical roles in the functioning of Congress, from setting legislative agendas to advancing party priorities. They wield significant influence over the legislative process and are instrumental in shaping the direction of policy and governance in the United States. 123. What role does the House Rules Committee perform? Answer: Role of the House Rules Committee • Debate Rules: Sets rules and procedures for debate on bills in the House. • Scheduling Legislation: Determines when bills will be considered on the House floor. • Special Rules: Creates unique procedures for considering specific bills. • Closed Rules: Prohibits amendments to a bill during floor debate. • Open Rules: Allows any member to offer amendments during floor debate. • Setting Legislative Agenda: Helps prioritize which bills are considered and when. • Party Influence: Used by the majority party to advance its priorities. • Influence on Legislative Process: Decisions can significantly impact the outcome of legislation. 124. Discuss the filibuster and cloture. Answer: Filibuster • Definition: Senate tactic to prolong debate and prevent a vote. • Purpose: Used to delay or block legislation. • Process: No formal speech required; unlimited debate. • Impact: Requires 60 votes to overcome, can derail legislation. Cloture • Definition: Procedure to end a filibuster and bring a bill to a vote. • Process: Requires a three-fifths (60-vote) supermajority. • Effect: Limits debate to 30 hours, then requires a vote. • Historical Context: Introduced in 1917, reduced threshold to 60 votes in 1975. Discussion • Controversy: Filibuster criticized for obstructing legislation. • Protection of Minority Rights: Seen as a tool to protect minority interests. • Impact: Significant influence on legislative process and ability to pass legislation. Test Bank for Approaching Democracy Larry A Berman, Bruce Allen Murphy 9780205903825
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