Legislative Power Dynamics: Congress, Presidency, and Key Procedures

Chapter 12: Legislative and Executive Powers Review

Leadership and Influence in Congress

Who holds the most power in the House and Senate?

• House of Representatives: The Speaker of the House.
• Senate: The Majority Leader.

Structural Differences Between the House and Senate

The structural differences between the two chambers affect debate rules and legislative speed:

• House of Representatives: Members serve shorter terms (2 years). Debate time is generally more restricted and limited by rules.
• Senate: Members serve longer terms (6 years). Debate time is often unlimited, leading to procedures like the filibuster.

Filibuster and Cloture Defined

• Filibuster: An attempt by a senator or group of senators to block or delay Senate action on a bill or other matter through prolonged debate.
• Cloture (Rule 22): The only formal procedure provided by Senate rules for breaking a filibuster. Invoking cloture typically requires a three-fifths vote (60 senators).

Presidential Actions on Legislation

Three Possible Outcomes for a Bill

1. Bill Becomes Law (President Takes No Action): If the President takes no action on the bill, it automatically becomes law after ten days (excluding Sundays), provided Congress is still in session.
2. Regular Veto: The President formally rejects the bill, sending a message to Congress explaining why the legislation is unacceptable.
3. Pocket Veto: A bill dies if the President ignores it for ten days while Congress is not in session. Congress cannot override a pocket veto.

Overriding a Presidential Veto

Congress can override a regular presidential veto by securing a two-thirds vote in both the Senate and the House of Representatives.

Influences on Congressional Voting Decisions

• External Influences: Factors outside of Congress that affect how members vote, including:
  • The member's constituency (voters).
  • Interest groups and lobbyists.
• Internal Influences: Factors within the political structure that influence members' votes, including:
  • Party leadership (e.g., Speaker, Majority Leader).
  • Congressional colleagues.
  • The President (through persuasion or policy alignment).

The Role of the Party Whip

The primary purpose of the Party Whip is to ensure discipline and cohesion within the legislative party, counting votes and persuading members to support the party's position on key legislation.

Defining Logrolling

Logrolling is the political practice of exchanging favors, typically by reciprocal voting for each other's proposed legislation or amendments.

Oversight and Appropriations Power

• Congressional Oversight: The review, monitoring, and supervision of federal agencies, programs, and policy implementation within the Executive Branch.
• Appropriations Power: Congress uses its power to allocate (or restrict) funding to agencies, effectively controlling the budget and influencing policy implementation.

The Senate's "Advice and Consent" Role

The President requires the Advice and Consent of the Senate for two primary actions, as outlined in the Constitution:

1. Ratification of treaties (requiring a two-thirds vote).
2. Confirmation of major presidential appointments (e.g., cabinet secretaries, federal judges, ambassadors).

The Impeachment Process and Congressional Roles

Impeachment is a formal process where a federal official is accused of unlawful activity, potentially leading to removal from office.

• Role of the House of Representatives: The House holds the sole power to bring impeachment charges (to "impeach") against federal officials as part of its oversight and investigatory responsibilities.
• Role of the Senate: The Senate conducts the trial. Senators act as the jury and judge. In the specific case of a presidential impeachment trial, the Chief Justice of the United States presides. Conviction requires a two-thirds vote of the senators present.