Could you be a political analyst?

Examining the work of

Congress
scru·ti·ny n.
pl. scru·ti·nies What is Can you define these
1. A close, careful
examination or study.
scrutiny? key terms?
2. Close observation;
surveillance.

What is oversight?
o·ver·sight (vr-st)n.
1. Watchful care or management;
supervision.
2. Management by overseeing the
performance or operation of a
person or group
 Oversight of the Executive Branch
• Scrutiny of the executive branch is an implied power of Congress
• Absence of the executive from Congress makes scrutiny difficult so
Congress has given itself specific powers in addition to the existing
checks and balances by the legislature on the executive

How useful is oversight of

“an important and
positive role to ensure
the executive branch
adheres to limits to its
powers and discharges
its duties in a proper
and timely manner”
the executive branch?
“a polite phrase for
trying to embarrass
the president and his
administration”
Enquiry Question: What characterises the relationship
between the legislature and the executive?
 Learning Outcomes
• To explain the checks and balances between the
legislative and executive branches
• To analyse the power relationship between congress
and the presidency in both domestic and foreign
policy
• To evaluate the extent to which oversight of the
congressional branch is driven by partisanship
 What checks and balances are there?
Checks on… The legislature The executive The judiciary
Checks by…

The legislature • Amend/delay/reject • Impeachment,

legislation trial, conviction,
• Override president’s removal from
veto office
• Power of the purse • Propose
• Declare war constitutional
• Ratify treaties (Senate) amendments
• Investigation • Issue new
• Impeachment, trial, legislation to
conviction and removal overturn rulings
from office

The executive • Recommend • Appointment of

legislation judges
• Veto legislation • Pardon

The judiciary • Judicial Review • Judicial Review

Find an examples of each check and balance in practice.
Check by the legislature on the executive Example
Amend/delay/reject legislation
Override president’s veto
Power of the purse
Declare war
Ratify treaties (Senate)
Investigation
Impeachment, trial, conviction and removal
from office
Subpoena documents and testimony
Hold individuals in contempt
Illegal to lie to Congress
Reject presidential nominees
 Learning Outcomes
• To explain the checks and balances between the
legislative and executive branches
• To analyse the power relationship between congress
and the presidency in both domestic and foreign
policy
• To evaluate the extent to which oversight of the
congressional branch is driven by partisanship
 Analysing the Constitution
YOUR TASK:
• Read Article 1.
• How much influence does
Congress have over
a) domestic policy?
b) foreign policy?
*Support your explanation by
quoting the constitution
• Read Article 2.
• How much influence does the
President have over
a) domestic policy?
b) foreign policy?
*Support your explanation by
quoting the constitution
How can the Congress and the President
influence foreign policy?

Presidential Influence Congressional Influence

• Receive ambassadors • Ratify treaties
and heads of state • War Powers (?)
• Negotiate agreements,
deals and treaties
• War Powers (?)
 Warning
War Powers
• The War Powers Resolution is a federal law intended to check the president's power
to commit the United States to an armed conflict without the consent of the U.S.
Congress. The Resolution was adopted in the form of a United States Congress joint
resolution. It provides that the U.S. President can send U.S. Armed Forces into action
abroad only by declaration of war by Congress, "statutory authorization," or in case
of "a national emergency created by attack upon the United States, its territories or
possessions, or its armed forces.“
• The War Powers Resolution requires the President to notify Congress within 48 hours
of committing armed forces to military action and forbids armed forces from
remaining for more than 60 days, with a further 30-day withdrawal period, without a
Congressional authorization for use of military force (AUMF) or a declaration of war
by the United States. The resolution was passed by two-thirds of Congress, overriding
the veto of the bill from President Nixon.
• It has been alleged that the War Powers Resolution has been violated in the past –
for example, by President Bill Clinton in 1999, during the bombing campaign in
Kosovo. Congress has disapproved all such incidents, but none has resulted in any
successful legal actions being taken against the president for alleged violations.
 Foreign Policy

YOUR TASK:
• Read the article “US Foreign Policy Power”
• What foreign policy powers does
a) Congress have?
b) the President have?
• How are do Congress and the President come
into conflict over the use of these powers?
• Which branch do you believe holds the most
influence in foreign policy?
Watch the video: Crash Course – Foreign Policy
How can the Congress and the President
influence domestic policy?

Presidential Influence Congressional Influence

• Proposals • Writing the laws
• Bully pulpit • Deciding which bills to
• Party leadership & act upon
loyalty • Overseeing the
• Veto threats bureaucracy (more on
• Budgeting that later)
• Executing the laws with
discretion
Watch the video: Crash Course – Monetary and Fiscal Policy
Watch the video: Crash Course – Social Policy
 Learning Outcomes
• To explain the checks and balances between the
legislative and executive branches
• To analyse the power relationship between congress
and the presidency in both domestic and foreign
policy
• To evaluate the extent to which oversight of the
congressional branch is driven by partisanship
 Partisanship
in Congress
• Political partisanship has increased in the House since 1994, and in the
Senate most recently since 2017
• Members will vote more according to the beliefs and ideologies of their
own party as opposed to the other side
• Influence and power of the Speaker of the House has played a major party
in rewarding party loyalty with important roles or supporting earmarks
• E.g. John Boehner (R) 2011-2015 – Republican members would work closely
with the Speaker and Democrat members would often be ignored
• Therefore if the Republican leadership had views on legislation, it was very
difficult for Democrat members to oppose that, especially id the leadership
imposed what is known as closed rules on the debate *this prevents any
amendment to the bill)
• E.g. under GWB the House imposed closed rules on well over 70% of the
debates
 Partisanship
in Congress
• There is no doubt that the partisan aspect of the House remains an especially
important factor. Very few Democrats vote conservatively and very few Republicans
vote in a ‘liberal’ way.
• Thee type of ‘merging’ that was seen in the main parties a generation before has
certainly lessened
• The democrats have shifted towards a more liberal stance while the Republicans
have become more conservative in their general outlook
• E.g. Obama attempted to pass financial-bail-out plan in 2009 – not one Republican
voted for it (this would have been unheard of 30 years ago) – this partisanship only
intensified when Obama was trying to pass his healthcare reforms
• Presidents like Clinton, Bush and Obama have promised they would unite the
country – but this has not happened in practice
• Strong presidents have strong ideas which often divide people – e.g. Obama, Trump
• Congress, as a result, has become increasingly polarised – people who vote for
strong presidents with strong ideas, are unlikely to vote for members of Congress
who do not have equally strong ideas
YOUR TASK:
• Read the extract from this article.
• Underline the ways partisanship can aid congressional oversight.
• Highlight the ways partisanship can weaken congressional
oversight.
 ‘Congress is significantly less
effective when different parties
control its two chambers.’ Discuss.
 ‘Congress is significantly less effective
when different parties control its two
chambers.’ Discuss.
Factors that suggest Congress is significantly less effective when
different parties control its two chambers include:
• passage of legislation and budgets depends on cooperation between the
chambers and the recent history of Congress suggests divided control leads to
very little legislation being passed (the ‘do-nothing’ Congress), protracted budget
disputes and even government shutdowns
• single party control of Congress has seen very productive sessions in terms of
legislation produced, both in the recent past, e.g. the 2009-11 Congress passed
the Affordable Care Act and Dodd-Frank, and the less recent past, e.g. the
passage of the Civil Rights Act and Voting Rights Act by the Democratic-controlled
Congress of the mid-60s
• even when Congress is under the single control of a different party to the
president a lot can be achieved, e.g. the 1995-97 Republican Congress passed
and President Clinton signed the Personal Responsibility and Work Opportunity
Reconciliation Act 1996.
 ‘Congress is significantly less effective
when different parties control its two
chambers.’ Discuss.
Factors that suggest control by different parties of its two chambers
may not mean Congress is significantly less effective include:
• even when there is single party control of Congress, passage of legislation
may be long and difficult, and presidential proposals may be unsuccessful,
e.g. the Clinton health reforms and the Bush social security reforms
• there may be other factors, such as the recent phenomenon of rigid
partisanship or the president’s failure to engage with the opposition
party, which render Congress ineffective
• Congress may be representing the views of the nation effectively if voters
have chosen the two chambers to be controlled by different parties and
gridlock ensues
• scrutiny may be carried out more effectively when there is at least one
chamber controlled by the party opposed to the president.
 ‘Congress is significantly more
effective when one party controls
its two chambers.’ Discuss.
 Find an examples to either support or challenge this
statement from the 114th Congress (Obama) or the 115th
Congress (Trump).
 Learning Outcomes
• To explain the checks and balances between the
legislative and executive branches
• To analyse the power relationship between congress
and the presidency in both domestic and foreign
policy
• To evaluate the extent to which oversight of the
congressional branch is driven by partisanship
 Plenary;
U.S. Senate party membership by state

KEY YOUR TASK:

BLUE – 2 x • Work together in teams of 3-4.
Democratic • Colour the map according to the party
Senators membership of the Senate.
RED – 2 x • You have 5 minutes, the team with the
Republican closest electoral map wins!
Senators
PURPLE – 1 x
Democrat + 1 x
Republican
GREEN STRIPES –
Independent
senator
 U.S. Senate party membership by state
States with two Democratic senators are in blue, states with two Republican senators are in
red, and those with one of each are in purple. States with an independent senator are marked
with green stripes on a blue or red background, depending on the party of the other senator.
 Homework
Application Task:
‘Congress is significantly less effective when
different parties control its two chambers.’ Discuss.
(45)
Flipped Learning Preparation Task:
114th & 115th Congress: Comparison Task
Stretch & Challenge Task
Congressional Oversight: An Overview (Full Article)
114th & 115th Congress: Comparison Task
Work in pairs, with one of you completing this for the 114th
Congress, and the other for the 115th Congress.
Your comparison will include the following for each Congress:
• Party summary – House (including electoral map)
• Party summary – Senate (including electoral map)
*ensure any changes in membership during the Congress are
identified
• Leadership – House (including photos)
• Leadership – Senate (including phots)
• Major events
• Major legislation – enacted
• Major legislation – proposed
• Major legislation – vetoed