The House, Senate, Executive, and Supreme Court (AQA A-Level Politics): Revision Notes
The House, Senate, Executive, and Supreme Court
Understanding congressional effectiveness through re-election
Members of Congress maintain remarkably high re-election rates, which provides insight into their effectiveness. Over 90% of incumbent House representatives typically win re-election, whilst Senate re-election rates consistently exceed 80%. Between 2008 and 2020, House re-election rates ranged from 85% to 97%, whilst Senate rates varied between 82% and 93%.
These exceptionally high re-election rates suggest constituents believe their representatives effectively advance their interests. However, the high re-election rates may also result from uncompetitive electoral districts rather than genuine satisfaction with performance.
It's important to distinguish between two types of representation. Descriptive representation refers to how well Congress's demographic makeup reflects American society. Functional representation describes how individual members represent all constituents' interests in their district or state. Congress's failure to mirror America's diversity doesn't prevent individual members from fulfilling their representative duties to everyone they serve.
Relative strengths of the House and Senate
Joint powers
Both chambers of Congress share equal authority in several crucial areas:
- Legislation - all bills must pass both chambers to become law
- Oversight - monitoring and scrutinising executive branch activities
- Overriding presidential vetoes - requires two-thirds majority in both chambers
- Initiating constitutional amendments - requires two-thirds vote in both chambers
- Declaring war - both chambers must vote to declare war
Key differences between the chambers
Despite their shared powers, the House of Representatives and Senate differ significantly in their exclusive authorities, terms of office, and the status of their members.
Exclusive powers
Understanding the exclusive powers of each chamber is crucial for grasping how the legislative branch functions and maintains checks and balances within government.
The Senate holds sole power to:
- Confirm presidential appointments - this includes Cabinet secretaries, federal judges, and Supreme Court justices. The Senate conducts hearings and votes on whether to approve the president's nominees.
- Ratify treaties - international agreements negotiated by the president require approval by two-thirds of the Senate before they become binding.
The House holds sole power to:
- Initiate money bills (the "power of the purse") - all legislation concerning taxation and government spending must originate in the House. However, the Senate can amend these bills, and both chambers must agree on the final version.
Split powers in impeachment:
- The House charges impeachment - it investigates and votes on whether to charge a government official with an offence (this is called impeachment)
- The Senate tries impeachment - it conducts the trial and votes on whether the official is guilty and should be removed from office
Terms of office and their impact
House members serve 2-year terms, creating constant pressure to satisfy constituents and focus on re-election. This shorter cycle means representatives must continuously campaign and remain highly responsive to their district's immediate concerns.
Senators serve 6-year terms, allowing them greater freedom to focus on legislative work without the immediate pressure of re-election. This longer term enables senators to take more considered positions and potentially make unpopular but necessary decisions.
Career prospects and public profile
Senators enjoy significantly higher public profiles than House members. With only two senators per state, compared to varying numbers of representatives based on population, senators receive more media attention and name recognition.
The Senate provides superior opportunities for career advancement. Leadership positions and committee chairs carry more prestige in the Senate. Notably, the Senate serves as a pathway to the presidency - 16 presidents were former senators, including John F. Kennedy, Barack Obama, and Joe Biden. Many presidential candidates have been senators, such as John McCain and Hillary Clinton.
House members often aspire to move up to the Senate, but senators never seek House seats, as the Senate is considered the more prestigious chamber.
Overall power balance
These differences combine to give the Senate more power and influence than the House of Representatives. Senators enjoy greater status, longer terms that allow more legislative focus, and exclusive powers over appointments and treaties that give them significant influence over both the executive and judicial branches.
Congress's relationship with the executive branch
Presidential dependence on congressional support
The president requires congressional support to pass legislation, making cooperation between the branches essential despite the separation of powers. The president's administration maintains regular contact with Congress members through various channels.
The Office for Legislative Affairs
The Office for Legislative Affairs forms part of the Executive Office of the President. Its primary function is lobbying members of Congress to vote for the president's legislative priorities. Cabinet officers and key administration figures also reach out directly to Congress members to secure support on crucial votes.
Working "across the aisle"
The phrase "across the aisle" refers to the opposing party, derived from the fact that Republicans and Democrats sit on opposite sides of the central aisle in each chamber. The administration frequently needs votes from across the aisle, requiring them to build relationships with both parties. Presidents may need to "call in favours" and negotiate deals to secure necessary votes.
For members of the president's own party, persuasion tactics might include campaigning in their home state during re-election campaigns. This creates reciprocal obligations that the president can leverage when seeking support.
Case study: Vice President Kamala Harris as tie-breaker
Case Study: The Vice President's Tie-Breaking Power
The vice president serves as President of the Senate, though this role typically involves only ceremonial duties. However, the vice president holds crucial power to break tie votes in the Senate.
Vice President Mike Pence cast 13 tie-breaking votes between 2017 and 2021. In 2021, the Senate split exactly 50-50 between Republicans and Democrats, giving Vice President Kamala Harris's role as President of the Senate unusual significance. With Harris breaking ties in Democrats' favour, Democrats effectively controlled the Senate despite equal party numbers.
This situation creates an important exception to the separation of powers, as it gives the executive branch direct influence in the Senate. President Biden's narrow majority meant he needed support from the entire Democratic caucus in the Senate to pass legislation unless he could attract Republican support.
Congress's relationship with the Supreme Court
The Supreme Court's power over Congress
Under the system of checks and balances, the Supreme Court can rule that Acts of Congress are unconstitutional, effectively nullifying laws passed by the democratically elected legislature. This power of judicial review gives the Court enormous influence over Congress.
The difficulty of overturning Court decisions
Overturning Supreme Court Decisions is Extremely Difficult
Congress can only overturn a Supreme Court ruling by introducing a constitutional amendment. This process requires:
- A two-thirds majority vote in both the House and Senate
- Ratification by three-quarters of all US states
This extremely high threshold makes constitutional amendments exceptionally difficult to achieve. In practice, the Court's decision almost always stands permanently, demonstrating the Supreme Court's significant power over the legislative branch.
Case study: Defense of Marriage Act (DOMA)
Case Study: The Defense of Marriage Act (DOMA)
In 1996, Congress passed the Defense of Marriage Act (DOMA), which gave states the right to refuse recognising same-sex marriages performed in other states. The Act also clarified that the federal government would not recognise same-sex marriages.
The Supreme Court later struck down DOMA through two landmark decisions:
- United States v Windsor (2013) - ruled that DOMA violated rights guaranteed by the Fourteenth Amendment
- Obergefell v Hodges (2015) - extended this ruling, effectively legalising same-sex marriage across the entire USA
This example demonstrates how an unelected Supreme Court can overrule a democratically elected Congress, fundamentally changing American law against the legislature's wishes. The fact that Congress passed DOMA with broad support made no difference - the Court's constitutional interpretation took precedence.
Congressional checks on the Supreme Court
Congress does possess some ability to check Supreme Court power:
- Senate confirmation of justices - the Senate must approve all Supreme Court appointments, giving it influence over the Court's composition
- Impeachment power - Congress can impeach and try Supreme Court justices, though this has occurred only once (in 1811), and the justice was subsequently acquitted by the Senate
These checks remain relatively weak compared to the Court's power to strike down legislation.
Evaluating congressional effectiveness: Is Congress the "broken branch"?
Debate surrounds whether Congress functions effectively or represents a dysfunctional "broken branch" of government. The following arguments present both perspectives:
Arguments supporting congressional dysfunction
Frequent gridlock - Congress often becomes deadlocked, unable to pass legislation due to partisan disagreements. Only 2-3% of bills introduced actually become law, suggesting severe inefficiency.
Increased partisanship - growing polarisation between Republicans and Democrats makes compromise increasingly difficult. Party loyalty often trumps practical governance.
Government shutdowns prove particularly problematic. When Congress fails to pass spending bills, the federal government shuts down. These shutdowns prove deeply unpopular with the public and bring government services to a standstill.
Partisan impeachment proceedings - President Trump's 2020 impeachment acquittal followed largely partisan voting patterns, suggesting impeachment serves political point-scoring rather than genuine accountability.
Supreme Court overruling - the Court can declare laws passed by Congress unconstitutional, limiting congressional power.
Politicised confirmations - Senate confirmations of presidential appointments often become partisan exercises rather than genuine oversight of nominee qualifications.
Uncompetitive seats - lack of electoral competition has created a polarised and divided Congress that doesn't require centrist compromise.
Failure to declare war - despite regular US military action, Congress hasn't formally declared war since 1941, suggesting it abdicates constitutional responsibilities.
Public unpopularity - Congress as an institution receives consistently low approval ratings from the American public.
"Pork" spending - unnecessary government spending designed to secure support from key members contributes to bloated federal budgets without serving genuine public needs.
Arguments supporting congressional effectiveness
Major legislation still passes - despite low overall passage rates, significant legislation continues to pass through Congress annually, addressing important national issues.
Bipartisan compromise remains possible - examples like the First Step Act 2018 (criminal justice reform) demonstrate that cooperation across party lines still occurs when political will exists. The CARES Act 2020 showed Congress could unite rapidly in response to national emergencies like the COVID-19 pandemic, passing major economic relief legislation.
High individual re-election rates - over 90% of individual Congress members win re-election, suggesting constituents value their representatives' work.
Effective oversight - congressional investigations, despite partisan elements, provide crucial scrutiny and oversight of executive branch activities.
Power of the purse - Congress's control over government spending allows it to hold the executive branch accountable for how it uses federal resources.
Impeachment as accountability - Congress has impeached and tried three presidents, demonstrating its willingness to hold even the highest officials accountable.
Senate confirmation quality - the confirmation process, whilst sometimes partisan, encourages presidents to nominate experienced, qualified individuals who can withstand public scrutiny.
Representative polarisation - Congress's polarisation arguably reflects a genuinely divided American society rather than institutional failure.
Key Points to Remember:
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The Senate holds more power than the House through exclusive authorities to confirm appointments and ratify treaties, combined with longer terms (6 years vs 2 years) and higher public profiles that create superior career prospects including pathways to the presidency.
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Congress and the executive maintain interdependence - presidents need congressional support to pass legislation, using the Office for Legislative Affairs to lobby members "across the aisle" whilst the vice president can break Senate ties as President of the Senate.
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The Supreme Court holds significant power over Congress through judicial review, able to declare Acts unconstitutional with Congress only able to respond through constitutional amendments requiring two-thirds of both houses plus three-quarters of states.
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High re-election rates (90%+ for House, 80%+ for Senate) suggest either constituent satisfaction with individual representatives or the influence of uncompetitive electoral districts, though Congress as an institution remains unpopular.
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The "broken branch" debate presents valid arguments on both sides - gridlock, low bill passage rates (2-3%), and partisanship indicate dysfunction, whilst major legislation like the First Step Act 2018 and CARES Act 2020 demonstrate ongoing effectiveness and bipartisan capability.