A contraceptive mandate is a government regulation or law that requires health insurers , or employers that provide their employees with health insurance, to cover some contraceptive costs in their health insurance plans.
101-750: In 1978, the United States Congress ruled that discrimination on the basis of pregnancy was discrimination on the basis of sex. In 2000, the Equal Employment Opportunity Commission ruled that companies that provided insurance for prescription drugs to their employees but excluded birth control were violating the Civil Rights Act of 1964 . President Obama signed the Patient Protection and Affordable Care Act (ACA) on 23 March 2010. As of 1 August 2011, female contraception
202-620: A U.S. citizen for seven years for the House and nine years for the Senate, and be an inhabitant of the state which they represent. Members in both chambers may stand for re-election an unlimited number of times. The Congress was created by the U.S. Constitution and first met in 1789, replacing the Congress of the Confederation in its legislative function. Although not legally mandated, in practice since
303-478: A federal structure with two overlapping power centers so that each citizen as an individual is subject to the powers of state government and national government. To protect against abuse of power, each branch of government – executive, legislative, and judicial – had a separate sphere of authority and could check other branches according to the principle of the separation of powers . Furthermore, there were checks and balances within
404-461: A (then) final rule of an August 1, 2011 interim final rule on health insurance coverage with no cost sharing for FDA -approved contraceptives and contraceptive services (including female sterilization) for women of reproductive age if prescribed by health care providers, as part of women's preventive health services guidelines adopted by the Health Resources and Services Administration (HRSA) for
505-541: A federal court agreed with the EEOC's reasoning. Reproductive rights groups and others used that decision as leverage to force other companies to settle lawsuits and agree to change their insurance plans to include birth control. Some subsequent court decisions echoed Erickson, and some went the other way, but the rule (absent a Supreme Court decision) remained, and over the following decade, the percentage of employer-based plans offering contraceptive coverage tripled to 90%. In 1978,
606-456: A fertilized egg, which, according to pro-life advocacy organizations, include the emergency contraceptives Plan B ( levonorgestrel ), ella ( ulipristal acetate ), and copper IUDs . In July 2013, the Third Circuit denied a preliminary injunction requested by Conestoga Wood Specialties Corporation, a cabinet manufacturing company owned by a Mennonite family, requesting an exemption from
707-535: A major political controversy erupted with candidates for the Republican nomination for President viewing the regulations as a "direct attack on religious liberty". The United States Conference of Catholic Bishops has since taken the lead in opposition to the regulations. Cardinal Timothy M. Dolan , the archbishop of New York and president of the United States Conference of Catholic Bishops , stated that
808-444: A powerful effect of waking up a somewhat dormant Congress which investigated presidential wrongdoing and coverups; the scandal "substantially reshaped" relations between the branches of government, suggested political scientist Bruce J. Schulman . Partisanship returned, particularly after 1994; one analyst attributes partisan infighting to slim congressional majorities which discouraged friendly social gatherings in meeting rooms such as
909-514: A revised constitution with a two-chamber or bicameral Congress. Smaller states argued for equal representation for each state. The two-chamber structure had functioned well in state governments. A compromise plan, the Connecticut Compromise , was adopted with representatives chosen by population (benefiting larger states) and exactly two senators chosen by state governments (benefiting smaller states). The ratified constitution created
1010-526: A ruling letting insurers and employers refuse to provide birth control if doing so would violate their religious beliefs or moral convictions. In the United States, contraceptive use saves about $ 21 million in direct medical costs each year. About half of U.S. pregnancies are unintended . Highly effective contraceptives, such as intrauterine devices (IUDs), are underused in the United States. Increasing use of highly effective contraceptives could help meet
1111-401: A six-year term, with terms staggered , so every two years approximately one-third of the Senate is up for election. Each state, regardless of population or size, has two senators, so currently, there are 100 senators for the 50 states. Article One of the U.S. Constitution requires that members of Congress be at least 25 years old for the House and at least 30 years old for the U.S. Senate, be
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#17328633062851212-517: A state's at-large representation to the federal government by senators. Most incumbents seek re-election, and their historical likelihood of winning subsequent elections exceeds 90 percent. The historical records of the House of Representatives and the Senate are maintained by the Center for Legislative Archives, which is a part of the National Archives and Records Administration . Congress
1313-663: Is directly responsible for the governing of the District of Columbia , the current seat of the federal government. The First Continental Congress was a gathering of representatives from twelve of the Thirteen Colonies . On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence , referring to the new nation as the "United States of America". The Articles of Confederation in 1781 created
1414-440: Is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from
1515-486: Is essentially charged with reconciling our many points of view on the great public policy issues of the day. Congress is constantly changing and is constantly in flux. In recent times, the American South and West have gained House seats according to demographic changes recorded by the census and includes more women and minorities . While power balances among the different parts of government continue to change,
1616-433: Is extraordinarily sensitive to public pressure. Several academics described Congress: Congress reflects us in all our strengths and all our weaknesses. It reflects our regional idiosyncrasies, our ethnic, religious, and racial diversity, our multitude of professions, and our shadings of opinion on everything from the value of war to the war over values. Congress is the government's most representative body ... Congress
1717-580: Is keeping a running list of the reproductive health laws and policies throughout the United States. The former CEO Dr. Herminia Palacio left the Institute in late 2023. The Institute adopted an interim co-leadership model in early 2024, while the Board of Directors searches for permanent leadership. Jonathan Wittenberg and Destiny Lopez are currently interim Co-CEOs. Founded in 1968, the Guttmacher Institute
1818-433: Is not affiliated with a political party, and so it is nonpartisan in the strict sense of the word. The group work to "ensure that all women are able to exercise their reproductive rights and responsibilities", which puts them among advocates of abortion rights. According to FactCheck , Guttmacher "provides the most highly respected statistics on the sexual health of women and men. Its figures on abortion are widely cited by
1919-586: Is quite uncommon. Article One of the United States Constitution states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The House and Senate are equal partners in the legislative process – legislation cannot be enacted without the consent of both chambers. The Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while
2020-726: Is the legislature of the federal government of the United States . It is bicameral , composed of a lower body, the United States House of Representatives , and an upper body, the United States Senate . It meets in the United States Capitol in Washington, D.C. Members are chosen through direct election , though vacancies in the Senate may be filled by a governor 's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The vice president of
2121-553: Is titled Zubik v. Burwell and the six other challenges include Priests for Life v. Burwell , Southern Nazarene University v. Burwell , Geneva College v. Burwell , Roman Catholic Archbishop of Washington v. Burwell , East Texas Baptist University v. Burwell and Little Sisters of the Poor Home for the Aged v. Burwell . Due to the death of Justice Antonin Scalia before the case
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#17328633062852222-529: The tabloidization of media coverage. Others saw pressure to squeeze a political position into a thirty-second soundbite. A report characterized Congress in 2013 as unproductive, gridlocked, and "setting records for futility". In October 2013, with Congress unable to compromise, the government was shut down for several weeks and risked a serious default on debt payments, causing 60% of the public to say they would "fire every member of Congress" including their own representative. One report suggested Congress posed
2323-540: The Board of Education . Congress began reasserting its authority. Lobbying became a big factor despite the 1971 Federal Election Campaign Act . Political action committees or PACs could make substantive donations to congressional candidates via such means as soft money contributions. While soft money funds were not given to specific campaigns for candidates, the money often benefited candidates substantially in an indirect way and helped reelect candidates. Reforms such as
2424-527: The Commerce Clause , the enumerated power to regulate commerce, in rulings such as McCulloch v. Maryland , have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section Eight. Constitutional responsibility for the oversight of Washington, D.C. , the federal district and national capital, and the U.S. territories of Guam , American Samoa , Puerto Rico ,
2525-463: The Congress of the Confederation , a unicameral body with equal representation among the states in which each state had a veto over most decisions. Congress had executive but not legislative authority, and the federal judiciary was confined to admiralty and lacked authority to collect taxes, regulate commerce, or enforce laws. Government powerlessness led to the Convention of 1787 which proposed
2626-599: The Conservative Coalition . Democrats maintained control of Congress during World War II . Congress struggled with efficiency in the postwar era partly by reducing the number of standing congressional committees. Southern Democrats became a powerful force in many influential committees although political power alternated between Republicans and Democrats during these years. More complex issues required greater specialization and expertise, such as space flight and atomic energy policy. Senator Joseph McCarthy exploited
2727-513: The Northern Mariana Islands . These six members of Congress enjoy floor privileges to introduce bills and resolutions, and in recent Congresses they vote in permanent and select committees, in party caucuses and in joint conferences with the Senate. They have Capitol Hill offices, staff and two annual appointments to each of the four military academies. While their votes are constitutional when Congress authorizes their House Committee of
2828-634: The Patient Protection and Affordable Care Act mandates female contraceptive coverage for all employers and educational institutions, even though the mandate itself is not included in the wording of the law(s) passed by Congress. The mandate applies to all new health insurance plans effective August 2012. It controversially includes Christian hospitals, Christian charities , Catholic universities , and other enterprises owned or controlled by religious organizations that oppose contraception on doctrinal grounds. On January 20, 2012, U.S. Department of Health and Human Services Secretary Kathleen Sebelius announced
2929-538: The U.S. Virgin Islands , and the Northern Mariana Islands rests with Congress. The republican form of government in territories is devolved by congressional statute to the respective territories including direct election of governors, the D.C. mayor and locally elective territorial legislatures. Guttmacher Institute The Guttmacher Institute is a research and policy NGO that aims to improve sexual health and expand reproductive rights worldwide. The organization
3030-445: The second-wave feminism movement , when activists moved into electoral politics. Beginning in the 1970s, donors and political action committees like EMILY's List began recruiting, training and funding women candidates. Watershed political moments like the confirmation of Clarence Thomas and the 2016 presidential election created momentum for women candidates, resulting in the Year of
3131-479: The "biggest risk to the U.S. economy" because of its brinksmanship , "down-to-the-wire budget and debt crises" and "indiscriminate spending cuts", resulting in slowed economic activity and keeping up to two million people unemployed. There has been increasing public dissatisfaction with Congress, with extremely low approval ratings which dropped to 5% in October 2013. In 2009, Congress authorized another delegate for
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3232-439: The 1960s opened the possibility for Black, Asian American, Latina and other non-white women candidates to run for Congress. Racially polarized voting, racial stereotypes and lack of institutional support still prevent women of color from reaching Congress as easily as white people . Senate elections, which require victories in statewide electorates, have been particularly difficult for women of color. Carol Moseley Braun became
3333-575: The 19th century, members of Congress are typically affiliated with one of the two major parties , the Democratic Party or the Republican Party , and only rarely with a third party or independents affiliated with no party. In the case of the latter, the lack of affiliation with a political party does not mean that such members are unable to caucus with members of the political parties. Members can also switch parties at any time, although this
3434-841: The 2002 Bipartisan Campaign Reform Act limited campaign donations but did not limit soft money contributions. One source suggests post-Watergate laws amended in 1974 meant to reduce the "influence of wealthy contributors and end payoffs" instead "legitimized PACs" since they "enabled individuals to band together in support of candidates". From 1974 to 1984, PACs grew from 608 to 3,803 and donations leaped from $ 12.5 million to $ 120 million along with concern over PAC influence in Congress. In 2009, there were 4,600 business, labor and special-interest PACs including ones for lawyers , electricians , and real estate brokers . From 2007 to 2008, 175 members of Congress received "half or more of their campaign cash" from PACs. From 1970 to 2009,
3535-693: The Affordable Care Act. Male contraception is not eligible. Regulations made under the act rely on the recommendations of the independent Institute of Medicine (IOM) in its July 19, 2011 report Clinical Preventive Services for Women: Closing the Gaps , which concluded that birth control is medically necessary "to ensure women's health and well-being". The administration allowed a religious exemption. The exemption initially applied to church organizations themselves, but not to affiliated nonprofit corporations, like hospitals, that do not rely primarily on members of
3636-563: The American response as a "police action". According to Time magazine in 1970, "U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times." In 1993, Michael Kinsley wrote that "Congress's war power has become the most flagrantly disregarded provision in the Constitution," and that the "real erosion [of Congress's war power] began after World War II." Disagreement about
3737-527: The CHA, registered opposition in a five-page letter to the U.S. Department of Health and Human Services. The vice president of Catholic identity and mission at Mount St. Mary's University , Stuart Swetland, said, "It shows [Obama] and the administration are listening to our concerns", but reserved the right to "examine the details". However, the United States Conference of Catholic Bishops continued to oppose
3838-458: The Constitution's Necessary and Proper Clause . Congress has authority over financial and budgetary policy through the enumerated power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States". There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress's power to manage
3939-594: The Government of the United States, or in any Department or Officer thereof". Article Four gives Congress the power to admit new states into the Union. One of Congress's foremost non-legislative functions is the power to investigate and oversee the executive branch. Congressional oversight is usually delegated to committees and is facilitated by Congress's subpoena power. Some critics have charged that Congress has in some instances failed to do an adequate job of overseeing
4040-524: The Guttmacher Institute was awarded a Population Center grant by the US National Institutes of Health in support its Center for Population Research Innovation and Dissemination. The Guttmacher Institute has received Charity Navigator 's highest (4-Star) rating annually since 2010. When the institute was founded in 1968 its parent organization, Planned Parenthood, was its sole source of its funding. Three years after becoming independent in 2007,
4141-486: The House expanded delegates, along with their powers and privileges representing U.S. citizens in non-state areas, beginning with representation on committees for Puerto Rico's resident commissioner in 1970. In 1971, a delegate for the District of Columbia was authorized, and in 1972 new delegate positions were established for U.S. Virgin Islands and Guam . In 1978, an additional delegate for American Samoa were added. In
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4242-448: The House initiates revenue -raising bills. The House initiates impeachment cases, while the Senate decides impeachment cases. A two-thirds vote of the Senate is required before an impeached person can be removed from office. The term Congress can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the 118th Congress , began on January 3, 2023, and will end on January 3, 2025. Since
4343-477: The House of Representatives have equal legislative authority, although only the House may originate revenue and appropriation bills . Congress has an important role in national defense , including the exclusive power to declare war, to raise and maintain the armed forces , and to make rules for the military. Some critics charge that the executive branch has usurped Congress's constitutionally defined task of declaring war. While historically presidents initiated
4444-598: The Jeffersonian Republican Party and began the era of the First Party System . In 1800, Thomas Jefferson 's election to the presidency marked a peaceful transition of power between the parties. John Marshall , 4th chief justice of the Supreme Court , empowered the courts by establishing the principle of judicial review in law in the landmark case Marbury v. Madison in 1803, effectively giving
4545-531: The Obama policy. Darrell Issa , a Republican congressman from California, said that Americans are divided on this issue: "While some Americans may not feel that forcing them to pay for contraception are an infringement on their religious beliefs, others consider it to be an assault against their freedom of conscience ." Issa's February 2012 hearing on the matter was criticized for including only men from conservative religious institutions, and no women. Some people see
4646-628: The Supreme Court a power to nullify congressional legislation. The Civil War , which lasted from 1861 to 1865, which resolved the slavery issue and unified the nation under federal authority but weakened the power of states' rights . The Gilded Age (1877–1901) was marked by Republican dominance of Congress. During this time, lobbying activity became more intense, particularly during the administration of President Ulysses S. Grant in which influential lobbies advocated for railroad subsidies and tariffs on wool. Immigration and high birth rates swelled
4747-638: The Supreme Court by the government in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania . There, in July 2020, the Court ruled in a 7–2 that the new rules were valid and put into place properly, lifting the injunction. More Democratic politicians favor these mandates than Republican politicians. Barbara Boxer , Democratic Party Senator for California, and House Minority Leader Nancy Pelosi favor
4848-466: The U.S. Congress made it clear that discrimination on the basis of pregnancy was discrimination on the basis of sex. In 2000, the Equal Employment Opportunity Commission ruled that companies that provided insurance for prescription drugs to their employees but excluded birth control were violating the Civil Rights Act of 1964 . President Obama signed the Patient Protection and Affordable Care Act (ACA) on 23 March 2010. As of 1 August 2011, contraception
4949-485: The Uniform Congressional Redistricting Act requires that they be elected from single-member constituencies or districts . It is also required that the congressional districts be apportioned among states by population every ten years using the U.S. census results, provided that each state has at least one congressional representative. Each senator is elected at-large in their state for
5050-476: The United States , as President of the Senate, has a vote in the Senate only when there is a tie. The House of Representatives has six non-voting members . Congress convenes for a two-year term , commencing every other January. Elections are held every even-numbered year on Election Day . The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 established that there be 435 representatives, and
5151-538: The White House a little more in favor of the executive branch", according to one account. Past presidents, including Ronald Reagan , George H. W. Bush , Bill Clinton , and George W. Bush , have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators, including the American Bar Association , have described this practice as against
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#17328633062855252-500: The Whole votes, recent Congresses have not allowed for that, and they cannot vote when the House is meeting as the House of Representatives. On January 6, 2021, the Congress gathered to confirm the election of Joe Biden, when supporters of the outgoing president Donald Trump attacked the building . The session of Congress ended prematurely, and Congress representatives evacuated. Trump supporters occupied Congress until D.C police evacuated
5353-540: The Woman and the election of members of The Squad , respectively. Women of color faced additional challenges that made their ascension to Congress even more difficult. Jim Crow laws , voter suppression and other forms of structural racism made it virtually impossible for women of color to reach Congress prior to 1965. The passage of the Voting Rights Act that year , and the elimination of race-based immigration laws in
5454-536: The accommodation offered to objecting non-profits would be a less restrictive way to achieve the ACA's interest. Justice Anthony Kennedy, one of the majority justices, wrote in a concurring opinion that the government "makes the case that the mandate serves the Government's compelling interest in providing insurance coverage that is necessary to protect the health of female employees", but that the RFRA's least-restrictive way requirement
5555-535: The adoption of the Twentieth Amendment to the United States Constitution , the Congress has started and ended at noon on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators; members of the House of Representatives are referred to as representatives, congressmen, or congresswomen. Scholar and representative Lee H. Hamilton asserted that the "historic mission of Congress has been to maintain freedom" and insisted it
5656-639: The area. The event was the first time since the Burning of Washington by the British during the War of 1812 that the United States Congress was forcefully occupied. Various social and structural barriers have prevented women from gaining seats in Congress. In the early 20th century, women's domestic roles and the inability to vote forestalled opportunities to run for and hold public office. The two party system and
5757-417: The budget has been lost when the welfare state expanded since "entitlements were institutionally detached from Congress's ordinary legislative routine and rhythm." Another factor leading to less control over the budget was a Keynesian belief that balanced budgets were unnecessary. The Sixteenth Amendment in 1913 extended congressional power of taxation to include income taxes without apportionment among
5858-493: The contraception mandate did not start with the ACA. In December 2000, the Equal Employment Opportunity Commission ruled that companies that provided prescription drugs to their employees but didn't provide birth control were in violation of Title VII of the 1964 Civil Rights Act , which prevents discrimination on the basis of sex. That opinion, which the George W. Bush administration did nothing to alter or withdraw when it took office
5959-586: The early years as political parties became pronounced. With the passage of the Constitution and the Bill of Rights , the anti-federalist movement was exhausted. Some activists joined the Anti-Administration Party that James Madison and Thomas Jefferson were forming about 1790–1791 to oppose policies of Treasury Secretary Alexander Hamilton ; it soon became the Democratic-Republican Party or
6060-475: The electorate. Lame duck reforms according to the Twentieth Amendment reduced the power of defeated and retiring members of Congress to wield influence despite their lack of accountability. The Great Depression ushered in President Franklin Roosevelt and strong control by Democrats and historic New Deal policies. Roosevelt 's election in 1932 marked a shift in government power towards
6161-425: The exclusive power of removal , allowing impeachment and removal of the president, federal judges and other federal officers. There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress. So-called signing statements are one way in which a president can "tip the balance of power between Congress and
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#17328633062856262-577: The executive branch. Numerous New Deal initiatives came from the White House rather initiated by Congress. President Roosevelt pushed his agenda in Congress by detailing Executive Branch staff to friendly Senate committees (a practice that ended with the Legislative Reorganization Act of 1946). The Democratic Party controlled both houses of Congress for many years. During this time, Republicans and conservative southern Democrats formed
6363-463: The extent of congressional versus presidential power regarding war has been present periodically throughout the nation's history. Congress can establish post offices and post roads, issue patents and copyrights , fix standards of weights and measures, establish Courts inferior to the Supreme Court , and "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in
6464-877: The faith as employees. An amendment, the Blunt Amendment, was proposed that "would have allowed employers to refuse to include contraception in health care coverage if it violated their religious or moral beliefs", but it was voted down 51–48 by the U.S. Senate on March 1, 2012. In May 2015 the Obama administration stated that under the ACA, at least one form of all 18 FDA-approved methods of birth control for women must be covered without cost-sharing. These 18 methods include: sterilization surgery, surgical sterilization implant, implantable rod, copper intrauterine device, IUDs with progestin (a hormone), shot/injection, oral contraceptives (the pill), with estrogen and progestin, oral contraceptives with progestin only, oral contraceptives, known as extended or continuous use that delay menstruation,
6565-551: The fear of communism during the Second Red Scare and conducted televised hearings. In 1960, Democratic candidate John F. Kennedy narrowly won the presidency and power shifted again to the Democrats who dominated both chambers of Congress from 1961 to 1980, and retained a consistent majority in the House from 1955 to 1994. Congress enacted Johnson's Great Society program to fight poverty and hunger. The Watergate Scandal had
6666-412: The first woman of color to reach the Senate in 1993. The second, Mazie Hirono , won in 2013. In 2021, Kamala Harris became the first female President of the Senate , which came with her role as the first female Vice President of the United States . Article One of the Constitution creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress
6767-578: The gap by letting employees buy coverage at the group rate. A number of challenges to the contraceptive mandate have been brought to the Supreme Court by different types of organizations. On June 30, 2014, the Supreme Court ruled 5 to 4 in Burwell v. Hobby Lobby that under the Religious Freedom Restoration Act (RFRA), closely held for-profit corporations are exempt from the contraceptive mandate, if they object on religious grounds, because
6868-522: The goal set forward in Healthy People 2020 to decrease unintended pregnancy by 10% before 2020. Cost to the user is one factor preventing many US women from using more effective contraceptives. Making contraceptives available without a copay increases use of highly effective methods, reduces unintended pregnancies, and may be instrumental in achieving the Healthy People 2020 goal. Certain aspects of
6969-402: The internal structure of Congress is important to understand along with its interactions with so-called intermediary institutions such as political parties , civic associations , interest groups , and the mass media . The Congress of the United States serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and
7070-486: The lack of term limits favored incumbent white men, making the widow's succession – in which a woman temporarily took over a seat vacated by the death of her husband – the most common path to Congress for white women. Women candidates began making substantial inroads in the later 20th century, due in part to new political support mechanisms and public awareness of their underrepresentation in Congress. Recruitment and financial support for women candidates were rare until
7171-430: The late 20th century, the media became more important in Congress's work. Analyst Michael Schudson suggested that greater publicity undermined the power of political parties and caused "more roads to open up in Congress for individual representatives to influence decisions". Norman Ornstein suggested that media prominence led to a greater emphasis on the negative and sensational side of Congress, and referred to this as
7272-488: The law. Generally militia forces are controlled by state governments, not Congress. Congress also has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress to "make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof". Broad interpretations of this clause and of
7373-417: The law; otherwise they must comply with the new law. The Guttmacher Institute noted that even before the federal mandate was implemented, 28 states had their own mandates that required health insurance to cover the prescription contraceptives, but the federal mandate innovated by forbidding insurance companies from charging part of the cost to the patient. With the exception of churches and houses of worship,
7474-468: The law; otherwise they were required to comply with the new law. The Guttmacher Institute said that even before the federal mandate was implemented, twenty-eight states had their own mandates that required health insurance to cover prescription contraceptives, but the federal mandate innovated by forbidding insurance companies from charging part of the cost to the patient. In 2017, the Trump administration issued
7575-441: The legislature since there were two separate chambers. The new government became active in 1789. Political scientist Julian E. Zelizer suggested there were four main congressional eras, with considerable overlap, and included the formative era (1780s–1820s), the partisan era (1830s–1900s), the committee era (1910s–1960s), and the contemporary era (1970–present). Federalists and anti-federalists jostled for power in
7676-593: The mandate on religious grounds. Both of these rulings were appealed to the Supreme Court , which granted certiorari on the consolidated cases to resolve the split. Another decision by the Sixth Circuit in a similar case had been appealed to the Supreme Court, and was being held pending the court's decision in the other two cases. As of January 2014, at least 28 states in the US have contraceptive mandates; however, 20 of them allow some exceptions; four of those attempt to bridge
7777-519: The matter as primarily one of women's health , such as the National Women's Law Center . Others see it as a matter of religious freedom . Certain consumers of mandatory health insurance, such as students matriculated at colleges of further education, have criticized what they perceive to be discrimination in provision or in practice: employer-provided plans that cover University faculty and staff may be subject to legal mandates whereas plans that cover
7878-635: The new rule-making procedure. Shortly after taking office, President Donald Trump issued Executive Order 13798, "Promoting Free Speech and Religious Liberty" in May 2017 to urge the departments responsible for the ACA to issue a conscience-based exemption for the contraceptive mandate as soon as possible. By October 2017, the HHS and other agencies issued a ruling letting insurers and employers refuse to provide birth control if doing so violates their religious beliefs or moral convictions. Several states immediately challenged
7979-577: The new rules in multiple court cases, believing the rules bypassed the process that the Supreme Court has issued in Zubik . In separate cases from the Third and Ninth Circuits, the rules were found to be in violation of the Administrative Procedure Act having been issued in an arbitrary and capricious manner, and a nationwide injunction was placed on their enforcement. The injunction was challenged at
8080-679: The next month, is still in effect today – and because it relies on Title VII of the Civil Rights Act, it applies to all employers with 15 or more employees. Currently, employers that do not offer prescription coverage or do not offer insurance at all are exempt, because they treat men and women equally, but the new mandate will require prescription coverage. After the EEOC opinion was approved in 2000, reproductive rights groups and employees who wanted birth control access sued employers that refused to comply. The next year, in Erickson v. Bartell Drug Co. ,
8181-665: The organization received less than 1% of its funding from Planned Parenthood in 2010. Now, most of the funding is gained through private foundations based in the United States. Other funding comes from international organizations such as the World Health Organization and the World Bank . The Guttmacher Institute was awarded $ 3.9 million between 1986 and 2015 by the MacArthur Foundation , including 13 grants in population and reproductive health. The Guttmacher Institute
8282-580: The other branches of government. In the Plame affair , critics including Representative Henry A. Waxman charged that Congress was not doing an adequate job of oversight in this case. There have been concerns about congressional oversight of executive actions such as warrantless wiretapping , although others respond that Congress did investigate the legality of presidential decisions. Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has
8383-468: The patch, vaginal contraceptive ring, diaphragm, sponge, cervical cap, female condom, spermicide, emergency contraception (Plan B/morning-after pill), and emergency contraception (a different pill called Ella). All forms of male birth control are exempt from mandatory coverage under the ACA and the "ObamaCare Facts" page explicitly states that "Plans aren't required to cover services related to a man's reproductive capacity, like vasectomies." In February 2012,
8484-591: The process for going to war, they asked for and received formal war declarations from Congress for the War of 1812 , the Mexican–American War , the Spanish–American War , World War I , and World War II , although President Theodore Roosevelt 's military move into Panama in 1903 did not get congressional approval. In the early days after the North Korean invasion of 1950 , President Truman described
8585-422: The provision "represents a challenge and a compromise of our religious liberty". The regulations issued under the act are also opposed by active Christian Evangelicals . Other organizations, such as Planned Parenthood , supported the provision. In response to the criticism, the Obama administration proposed changes under which birth control medication would be provided by the insurers without direct involvement by
8686-703: The ranks of citizens and the nation grew at a rapid pace. The Progressive Era was characterized by strong party leadership in both houses of Congress and calls for reform; sometimes reformers said lobbyists corrupted politics. The position of Speaker of the House became extremely powerful under leaders such as Thomas Reed in 1890 and Joseph Gurney Cannon . By the beginning of the 20th century, party structures and leadership emerged as key organizers of Senate proceedings. A system of seniority, in which long-time members of Congress gained more and more power, encouraged politicians of both parties to seek long terms. Committee chairmen remained influential in both houses until
8787-495: The reforms of the 1970s. Important structural changes included the direct popular election of senators according to the Seventeenth Amendment , ratified on April 8, 1913. Supreme Court decisions based on the Constitution's commerce clause expanded congressional power to regulate the economy. One effect of popular election of senators was to reduce the difference between the House and Senate in terms of their link to
8888-586: The regulation, saying that the regulation still requires Catholics in the insurance industry to violate their consciences. Catholic opinion is split with a New York Times /CBS News poll showing 57% support of the regulations among Catholic voters and about the same by non-Catholics. In June 2013, the Tenth Circuit Court of Appeals allowed a lawsuit against the mandate by arts and crafts retailer Hobby Lobby to proceed. The Green family objected to contraceptives which they believe may prevent implantation of
8989-659: The religious organization. Regulations were issued on March 16, 2012 for employees of enterprises controlled by religious institutions which self insure . Further regulations were issued on March 16, 2012 which require coverage for students at institutions controlled by religious organizations which purchase insurance. It is believed by the federal government that it is not possible under current law to require contraceptive coverage for students at institutions controlled by religious organizations which self insure. The Catholic Health Association (CHA) accepted this compromise. Although initially more supportive, Sister Carol Keehan , CEO of
9090-434: The restrictions on reproductive health that different states have put in place. The organization also keeps data about how teens are affected by pregnancy and the number of teens who use contraception. Internationally, the Guttmacher Institute uses statistical models to give an approximation of the number of abortions in places where they are illegal and/or the abortions happen outside of formal health care settings. In 2013,
9191-413: The several States, and without regard to any census or enumeration. The Constitution also grants Congress the exclusive power to appropriate funds, and this power of the purse is one of Congress's primary checks on the executive branch. Congress can borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money. Generally, the Senate and
9292-731: The spirit of the Constitution. There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress. In 2008, George F. Will called the Capitol building a "tomb for the antiquated idea that the legislative branch matters". The Constitution enumerates the powers of Congress in detail. In addition, other congressional powers have been granted, or confirmed, by constitutional amendments. The Thirteenth (1865), Fourteenth (1868), and Fifteenth Amendments (1870) gave Congress authority to enact legislation to enforce rights of African Americans, including voting rights , due process , and equal protection under
9393-460: The student body may not. Sandra Fluke was invited to present oral arguments on behalf of certain female student consumers dissatisfied with restrictions attached to registration for undergraduate and graduate attendance at Georgetown University School of Law. United States Congress This is an accepted version of this page Minority (49) Minority (212) Vacant (3) [REDACTED] [REDACTED] The United States Congress
9494-535: Was a "driving force in American government" and a "remarkably resilient institution". Congress is the "heart and soul of our democracy", according to this view, even though legislators rarely achieve the prestige or name recognition of presidents or Supreme Court justices ; one wrote that "legislators remain ghosts in America's historical imagination." One analyst argues that it is not a solely reactive institution but has played an active role in shaping government policy and
9595-441: Was added by HHS regulation to a list of preventive services covered by the ACA per regulation that would be provided without patient co-payment. The federal mandate applies to all new health insurance plans in all states from 1 August 2012. Grandfathered plans do not have to comply unless they change substantially. To be grandfathered, a group plan must have existed or an individual plan must have been sold before President Obama signed
9696-416: Was added to a list of preventive services covered by the ACA that would be provided without patient co-payment . The federal mandate applied to all new health insurance plans in all states from 1 August 2012. Grandfathered plans did not have to comply unless they changed substantially. To be grandfathered, a group plan must have existed or an individual plan must have been sold before President Obama signed
9797-507: Was based in New York City, but is now headquartered in Titusville, Florida . The case was dismissed by U.S. District Court Judge Frederic Block for lack of ripeness because the new compromise regulations were not yet finalized. On November 6, 2015 the Supreme Court of the United States decided to review the case combined with 6 other similar challenges to the contraceptive mandate. The case
9898-416: Was decided, the Supreme Court was deadlocked on Zubik . Instead of issuing a decision, it ordered the cases back to lower courts and ordered the HHS and other responsible departments to work with the parties to come up with new rules for exemptions for the mandate that took into account the parties' concerns. As part of this, by the end of 2016, an initial period of requests for input has been opened as part of
9999-481: Was not met because "there is an existing, recognized, workable, and already-implemented framework to provide coverage", the non-profit accommodation. On February 15, 2012, Priests for Life v. HHS was filed in the U.S. District Court for the Eastern District of New York challenging the constitutionality of the contraceptive mandate on behalf of Priests for Life , a national Catholic pro-life organization that
10100-473: Was originally called the Center for Family Planning Program Development and was a branch of Planned Parenthood . After Alan Guttmacher's death, the Center for Family Planning Program Development was renamed and became an independent non-profit organization. In 2007, the organization officially split from Planned Parenthood. The Guttmacher Institute continually monitors state and national laws and policies about contraception and abortion. The institute records
10201-575: Was started in 1968 and functions as both a research and educational organization. It operates mainly in the United States but also focuses on developing countries. Founded as part of Planned Parenthood , the Guttmacher Institute became independent from Planned Parenthood in 2007. The institute is named after obstetrician-gynecologist and former president of Planned Parenthood Alan F. Guttmacher . The Guttmacher Institute has many sources of funding nationally and internationally. One of its projects
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