18.3.1 - Congress and Legislation Flashcards
Chapter 18.3.1 - Congress function - legislation
legislation
The legislative process:
Where can a bill begin?
Either house of Congress
What are the 6 different stages to the legislative process?
- Introduction
- Committee consideration
- Scheduling
- Floor action
- Resolving differences
- Presidential action
What % of legislation introduced in the 115th Congress became law?
2%
What % of proposed legislation in the 114th Congress got a vote in at least one house?
5%
What is the introductory stage of a bill?
A mere formality
Who receives the bill and where is it placed?
The leading member of that house receives the bill and places it into the relevant committee
How can the leading member of that house influence the progression of that bill?
The speaker of the House can choose to time limit a bill and how many committees the bill will go into
What is a ‘split referral’?
Splitting the bill into different parts and sending to to different committees
What does ‘unanimous consent’ in the Senate mean?
Procedures in the Senate can be set aside if no senator objects
What is required to place a bill into more than one committee?
Unanimous consent
How many bills make it out of the committee consideration stage?
1 in 4 bills
What are bills that do not make it out of the committee considered?
‘Pigeon-holed’
What happens to a ‘pigeon-holed’ bill once the congressional session ends?
The bill ‘dies’
For the scheduling stage in the House of Representatives, who decides the timetabling?
The House Rules Committee
How is the House Rules Committee membership dominated?
By the majority party in a 2:1 ratio
Who is the current chair of the House Rules committee?
Tom Cole (R) since 2023
When was the House Rules Committee formed?
2nd April 1789
Other than timing, what does the House Rules Committee decide about the debate on a bill?
Whether the debate is ‘open’ or ‘closed’
What is the difference between an ‘open debate’ and a ‘closed debate’?
In an open debate amendments can be made to the bill whereas in a closed debate no amendments can be made to the bill
What record was set in mid 2017?
The House Rules Committee allocated a closed rule debate for the 49th time - most time in a congressional session and also no legislation had been considered under the open rule
How are debates in the House of Representatives different to debates in the Senate?
In the House debates are time-limited whereas in the Senate there is the right of ‘unlimited debate’
What is the longest filibuster in Senate history?
Strom Thurmond 24 hours and 18 minutes
When and why did Strom Thurmond filibuster?
To prevent the passage of the Civil Rights Act of 1957
Why did Ted Cruz filibuster for 21 hours and 18 minutes in 2013?
In protest of the Continuing Appropriations Act, he opposed Obamacare
Who filibustered for 15 hours and 28 minutes in protest of Neil Gorsuch’s Supreme Court confirmation?
What was ended in 2017?
Jeff Merkley (Oregon)
The use of filibusters was prevented on Supreme Court nominees
How can a filibuster be ended?
By a cloture motion
How many senators must vote to invoke the cloture motion?
When was this decided?
60 senators - decided in 1975
How many cloture motions were filed in the 115th Congress?
328
What is set up at the resolving differences stage?
A conference committee
Why is a conference committee set up?
To create one bill from the versions created by each chamber
How are the Senate and House represented on the conference committee?
Equally
What are 2 informal methods of reconciling bills?
- ‘Ping-pong’
- ‘Take it or leave it’
What are 3 options a president has once a bill is sent to him?
- Sign the bill
- Leave it on his desk
- Veto the bill
After how many days does a bill automatically become a law?
10 days
What happens if a congressional session ends before a bill had become a law and what is this known as?
The bill ‘dies’ - known as a pocket veto
Strengths and weaknesses of the legislative process:
Why is a lengthy legislative process a strength?
It ensures scrutiny of legislation and ensure the quality, popularity and workability of laws that are passed
Why is the equality of both houses a strength of the legislative process?
It ensures that the needs of both the people and the states are heard, with compromise being integral to the process
What does the process prevent from passing?
Knee-jerk legislation
What allows for tyranny of the minority?
The need for super-majorities and the ability of one senator to hold up a bill
What is ‘pork barrel politics’?
The inclusion of spending additions to bills, which benefit a member of Congress’ district in order to win favour and attract popularity
Role of the two houses in the legislative process:
What is the ‘germaneness rule’ and which chamber does it apply to?
In the House of Representatives amendments offered to a bill must be relevant to the topic of the bill
Policy significance of Congress:
What does Baron de Montesquieu say about the enforcement of legislation?
It should be the role of the executive branch, not the legislative branch
What two recent acts have shown that Congress is deepening its role in policy that had often been reserved to the states?
- No Child Left Behind Act
- Obamacare
What significant legislation was passed under President Trump?
The Tax Cuts and Jobs Act
What ensures that congressional law is superior to state law?
The supremacy clause in the constitution
What is federally illegal but is being legalised in many states?
Marijuana
Why did John Lewis lead a sit-in in the House of Representatives in 2016 and what did they chant?
He led a sit-in in the House of Representatives after the House failed to pass gun control following the Orlando nightclub shooting.
Chanted ‘No Bill, No Break’
