2.2 Functions: legislation Flashcards
1
Q
the legislative process
what is it?
6
A
- introduction
- committee consideration
- scheduling
- floor action
- resolving differences
- presidential action
2
Q
the legislative process
INTRODUCTION
introduction in the house
A
- the bill is recieved by the leading member of either house and placed into a relevant committee
- the speaker of the house chooses to limit a bill or not, and which committee its placed into
- the speaker can choose to send the bill to more than one committee, with the bill finishing in one committee before beginning in another, but this lengthens the process and makes it unlikely it will pass
- the speaker can also split the bill and send different parts to different committees, which is known as a ‘split referral’ and speeds up the process!!
3
Q
the legislative process
INTRODUCTION
introduction in the senate..
A
- in the senate, the presiding officer of the senate chooses the committee that has authority in the relevant policy area
- the bill can be sent to more than one committee, but ‘unanimous consent’ is required, limiting the power of senate leadership.
4
Q
the legislative process
COMMITTEE CONSIDERATION
A
- very few bills make it out of congress
- these bills are considered ‘pigeon holed’
- 90% of bills are pigeon holed
- many don’t even get the vote of both houses of congress.
- In the last 6 congress’, less than 6% of bills have had consideration time by more than one of the chamebers
- bills that are acted on are subject to committee hearings and ‘mark ups’ (amendments) and once the final bill is approved by the whole committee, it is ‘reported out’ and is sent back to the relevant house for consideration
5
Q
the legislative process
SCHEDULING
in the house
A
- decided by the house rules committee, which is dominated by the ruling party in a 2:1 ratio.
- all majorty party members are appointed by the speaker
- the committee decides when, and under what rules the bill is debated
- Open debate: amendments can be made as it is being debated
- closed debate means no amendments can be made
- the 114th house set a record for using the closed rule, with almost no legislation considered using the open rule at all. Eg. a democrat on the House rules committee said it was, ‘like the majority is allergic to an open process’
6
Q
the legislative process
SCHEDULING
in the senate
A
- a motion to proceed is voted on and if this recieves a simple majority, it is placed on the calendar
7
Q
the legislative process
FLOOR ACTION
in the house
A
- debates are limited
- debates are determined by the House Rules Committee
- debates are dominated by the bills sponsor and its leading opponent
- once time has passed, the bill is voted on to decide whether or not it continues its passage
8
Q
the legislative process
FLOOR ACTION
in the senate
A
- unlimited debate
- filibusters are often used.
- Eg. the longest filibuster in history was given in 1957 by Strom Thurmond. He spoke for 24 hours and 18 minutes in opposition to the civil rights act 1964
- Eg. In September 2013, Ted Cruz spoke for more than 21 hours.
- filibusters can be ended by a Cloture motion which must be signed by 16 senators to begin it
- then it must be voted on by 60 senators to invoke it
- if this happens, the filibuster is ended, and the bil is voted on.
- this means any controversial bill really needs the support of 60 senators to nesure it can succeed.
9
Q
the legislative process
RESOLVING DIFFERENCES
A
- formally: creating a committee from the versions of each chamber. The senate and the House are represented equally in this case.
- the final version of the bill must be sent back to each house for approval before presidential action
- the no. of formal resolving commitees has decreased in recent years, due to informal methods such as Ping-pong or take it or leave it
- Ping pong: as a bill passes through both houses, amendments are cooperated on a matter of mutual concern by the leadership of each chamber so the final versions are identical
- take it or leave it: less frequently used, one chamber will simply adjourn, meaning the other chamber is forced to accept the others version or drop the bill.
10
Q
the legislative process
PRESIDENTIAL ACTION
A
- sign a bill
- leave it on their desk: the bill becomes law after 10 days if it is left and congress is still in session; or it ‘dies’ because congress ends, which is sometimes known as a ‘pocket veto’
- veto the bill: it’s sent back to congress with the presidents objections. Congress can override this, amend the bill and send it back to the president, or let it ‘die’
11
Q
the legislative process
advantages
5
A
- lengthy process: ensures effective scrutiny + high quality bills (prevents knee-jerk legislation)
- equality: both houses means the needs of both the people and the states are heard
- supermajorities: to veto or cloture motion prevents tyranny
- the president is unlikely to veto a bill they have proposed: so congress can scrutinise and amend it in great detail without derailing it
- a president can refuse to sign a bill but without veto it will still become law
12
Q
the legislative process
disadvantages
7
A
- short sessions: legislation is unlikely to be passed, ignoring the presidential mandate
- power is placed in the hands of the few rather than allowing elected representatives to scrutinise legislation
- supermajorites and filibusters show tyranny of the minority
- united government means lack of scrutiny through party dominance, but divided government means partisanship can lead to a total lack of legislation
- the president alone can prevent a bill from passing after scrutiny
- there is an expectation that bills proposed by the president should be allowed to pass through cngress
- congress has no legislative power to overturn the pocket veto
13
Q
role of 2 houses in the legislative process
house vs senate: amendments
relevance?
A
- in the house, amendments to a bill must be relevant to the topic, this is the ‘Germaneness rule’
- in the senate, amendmnets do not have to be relevant
- Eg. in the 2020 Emergency Coronavirus Relief Spending Bill there was an amendment for the new Smithsonian Museums
14
Q
role of 2 houses in the legislative process
house vs senate: process control
A
- in the house the process is controlled by the majority party: House Rules Committee (majority party 2:1 ratio)
- and the speaker who chooses who the bill is sent to
- but in the senate the process is controlled by ‘unanimous consent’ which means control is more difficult and individuals have more influence.
15
Q
role of 2 houses in the legislative process
house vs senate: debate
A
- limited debate, vs ‘unlimited debate’
16
Q
Policy significance in congress
debate
A
congress can pass legislation, but it cant enforce it. The executive does it federally, and the states do it nationally.
- with the use of ‘necessary and proper’ clause and the ‘commerce’ clause; congress have been able to have an extensive impact
17
Q
Policy significance in congress
Is congress significant in policy making?
YES :DDDDDDDDD
5
A
- it can pass laws on a wide range of issues; the ‘necesary and proper clause’ and the ‘commerce clause’ extend this
- landmark legislation such as the eg. No Child Left Behind Act, and Obamacare has an increasingly significant role
- when the government is unified, significant legislation can be passed. Eg. Biden supported the Infrastructure Investment and Jobs Act even when the gov wasnt fully in support of Biden
- supremacy clause in the constitution means states are required to follow congressional law
- congress can be bipartisan and pass laws Eg. the Emmett Till Antilynching Act and Eg. the Sunshine Protection Act
18
Q
Policy significance in congress
commerce clause
A
congress has the power ‘to regulate commerce with foreign nations, and among the several states, and with the indian tribes’
19
Q
policy significance in congress
Is congress significant in policy making?
no DDDDDDDDDDD:
A
- state power has not allowed congress complete control: own legalisation on abortion, LGBTQ+ and even immigration policy attempts Eg. In texas, abortion is banned with NO EXCEPTION FOR RAPE OR INCEST.. bro
- congress is dependent on states to enforce their laws. Eg. Marijuana remains federally ‘illegal’ but states have passed legislation legalising it. Eg. marijuana is legal for recreational and medial use in California
- Difficulty of passing legislation means congress does not pass huge amounts. Eg. congress failed to pass immigration reform policies despite support from the president and bipartisanship
- laws passed by congress can be overturned by the president and the supreme court
- hyperpartisanship reduces congress’ ability to pass legislation
