2.2.2 Legislative function Flashcards
1
Q
7
List the different stages of the legilsative process in Congress
A
- Introduction
- Committee consideration
- Scheduling
- Floor action
(Goes through same process in other House) - Resolving differences
- Presidential action
2
Q
2
Describe unanimous consent
A
- Setting aside of procedures for bill/action if no-one objects
- Applies to Senate only
3
Q
4
Describe the introduction of a bill in the House
A
- House Speaker places bill into relative committee
- Speaker can choose to send bill through multiple committees
- Lengthens process and makes it less likely bill will pass
- ‘split referral’ - places sections of bill into different committees to speed up process
4
Q
4
Describe the introduction of a bill in the Senate
A
- Presiding Officer of Senate places bill into relevant committee
- Usually goes to committee that has authority over relevant policy area
- unanimous consent required to place bll into multiple committees
- therefore power of presiding officer of senate weaker
5
Q
4
Describe the committee consideration stage
A
- Bills can be considered by whole committee, sub-committee or ‘pigeon-holded’
- If acted on, subject to committee hearings and amendments (‘mark ups’) by committee
- Final amended bill must pass vote of whole committee
- ‘Reported out’ to relevant House if passed
6
Q
3
Describe the process of ‘pigeon-holing’
A
- Bill not given any hearings or further action in commitee consideration stage
- Effectively ‘dies’ once current congressional session ends
- 90% of bills pigeon-holed
7
Q
2
Describe the signfiicance of ‘pigeon-holing’
A
- Can significantly delay or even entirely prevent the passage of legislation that does not fit the agenda of committee chairmen
- Does not follow will of the majority of Congress
8
Q
3
Describe the scheduling stage in the House
A
- House Rules Committee decides timetabling and sets rules on how bill can be debated
- ‘Open’ debate - amendments can be added
- ‘Closed’ debate - amendments cannot be added
9
Q
3
Describe the membership of the House Rules Committee
A
- Majority party dominates committee by 2:1 ratio
- Majority party members appointed by speaker
- Allows majority party to control passage of legislation
10
Q
2
Describe the scheduling stage in the Senate
A
- Senate majority leader decides timetable of debate
- Motion to proceed voted on with simple majority required
11
Q
3
Describe the floor action stage in the House
A
- Debates time-limited as determined by the House Rules Committee
- Debate dominated by bill’s sponsor and leading opponent
- Once time has elasped, vote taken of all members on passage of amendments and bill
12
Q
3
Describe the floor action stage in the Senate
A
- Similar process to House
- bill can pass by ‘unanimous consent’
- ‘unlimited debate’ which allows use of filibuster
13
Q
4
Describe fillibustering
A
- Prolonged speech on Senate floor aimed at preventing further action being taken on legislation
- blocks final vote on bill
- e.g. Ted Cruz spent 21 hours talking on 2013 debate to block bill extending Obamacare provisions
- Can be ended by ‘cloture motion’ which requires invokation from 60 Senators to allow bill to move forward to vote
14
Q
1
Describe the significance of fillibustering
A
- Contetious legislation requires support of 60 Senators to ensure it can succeed
15
Q
2
Describe opposition to fillibuster reform
A
- 2022, Machin and Sinema opposed Chuck Schumer’s motion to reduce votes needed to invoke ‘cloture motion’ to 50 votes
- defeated 48-52
16
Q
1
Describe the resolving differences stage
A
- HoR and Senate liase to pass agreed version of bill before being sent for Presidential approval
17
Q
3
Describe the methods in which resolving differences can take place
A
- Conference committee created (formal method) - declined in usage
- ‘ping-pong’ (informal method)
- ‘take it or leave it’ (informal method)
18
Q
2
Describe conference committees
A
- Created to design one bill from versions from each chamber
- Senate and HoR represented equally on committtees
19
Q
2
Describe ‘ping pong’
A
- Amendments liased over by leadership in each chamber as bills pass through prior stages
- Final versions of bill are identical
20
Q
2
Describe ‘take it or leave it’
A
- One chamber will adjourn, forcing other chamber to accept its version or drop bill entirely
- More infrequently used
21
Q
3
Describe the different ways the President can respond to a passed bill
A
- Sign bill into law
- Veto bill
- Leave the bill for 10 days
22
Q
2
What happens if the President leaves a bill for 10 days
A
- if Congress still in session after 10 days, bill automatically becomes law
- pocket veto - if congressional sessions end before 10 days elapse, bill ‘dies’
23
Q
3
Give an overview of the differences in legislative process in each chamber
A
- Difference in amendments allowed
- Process in HoR controlled by speaker/majority party vs unanimous consent + fillibuster allows for more individual influence in Senate
- time limits in House vs ‘unlimited debate’
24
Q
3
Describe the difference in amendments allowed to bills in each House
A
- House - ‘germaness rule’ - amendments have to relevant to topic of bill
- Senate - can be offered on any topic
- e.g. amendment providing funds for Smithsonian Museums included in 2020 Coronavirus bill
25
Q
3 - (3) (3) (3)
Describe the strengths of the legislative process
A
-
Length ensures effective, popular and workable laws passed
- multiple stages allows for extensive scrutiny of proposed legislation
- prevents reactionary knee-jerk policy from passing
- e.g. IRA Act 2022 took 11 months from introduction to Presidential sign-off
-
Ensures adequate representation of people and states
- equality of houses in legislative process (House represents people, Senate represents states)
- responsiveness of House and stability of Senate
- requirement for liaison at ‘resolving differences’ stage produces broadly acceptable bill
-
Checks powers of President
- Veto override and cloture motion prevent tyranny of President’s party, espeically in time of unified government
- challenging nature ensures only necessary law passes, rather than populist agenda of President
- President unlikely to veto legislation they proposed, so Congress can scrutinise and amend it considerably without derailing it
26
Q
3 - (3) (4) (3)
Describe the weaknesses of the legislative process
A
-
Length and difficulty lead to inaction
- lengthy/challenging process contrasts short Congressional sessions (1 year)
- can ignore Presidential mandate e.g. Trump border wall
- partisanship in divided govt leads to lack of legislation and ineffective govt
-
Concentrates power in hands of a few powerful members
- House Speaker can slow or speed up process
- committee chairs have immense power in committee stage
- 90% bills die in committee stage
- fillibustering places immense power in individual senator - 60 votes needed
-
Lack of checks on President’s powers
- Requirement for supermajority makes it difficult to overturn veto
- expectation that President’s proposed bills should be allowed to pass given their electoral mandate, bypassing scrutiny
- no legislative power to overturn pocket veto
27
Q
3 - (3) (4) (3)
Describe the argument that Congress is significant in policy making
A
-
Constitution allows it to pass laws in various policy areas
- used ‘necessary and proper’ clause and commerce clause to expand areas where it can legislate
- e.g. IRA 2022, Consolidated Appropriations Act 2022
- Arizona v. United States 2012 - confirmed immigration policy to be exclusive to Congress
-
Expanded federal government power over states
- supremacy clause ensures congressional law is superior to state law
- states bound to follow legislation they do not approve of
- e.g. Respect for Marriage Act 2022
- legislation such as Obamacare deepens federal govt role into areas previously reserved for states
-
Unity allows for significant legislative achievements
- unified government - House Rules Committee domination
- e.g. Biden-supported Infrastructure Investment and Jobs Act passed despite Democratic disunity under Biden
- bipartisanship e.g. Safer Communities Act
28
Q
3 - (3) (3) (3)
Describe the argument that Congress is not significant in policy making
A
-
Constitution limits policy significance
- Presidential veto - 2/3 supermajority to overturn
- SC rejects legislation through judicial review
- e.g. Michigan v EPA 2015 - intepretation of Clean Air Act
-
States remain dominant
- Congress relies on states to enforce laws
- Congressional cannabis possession laws ignored by states
- Dobbs returns powers to state over Congress regarding abortion
-
Difficulty of passing legislation
- facilitated by hyperpartisanship
- appropriation bills pass due as are necessity to keep govt running; other policy areas (e.g. gun and immigration reform) see inaction
- anti-lynching legislation did not materialise until Emmett Till Anti-Lynching Act 2022
29
Q
2
Describe states ignoring Congress on cannabis laws
A
- Cannabis federally illegal
- 24 states + DC have passed state legislation to ‘legalise’ it
30
Q
3
Describe the ‘Contract with America’
A
- Platform by Republicans in 1994 mid-terms to shrink size of state
- all House speaker candidates made to sign contract
- nationalsied otherwise local elections
31
Q
3
Which policy areas tend to hold bipartisan support?
A
- Veteran affairs
- National Security
- e.g. The Honouring our PACT Act 2022 - passed Senate 84-14
32
Q
5
Describe standing committees
A
- Legislative - hearings with witnesses and pressure groups
- Investigation into policy area of committee
- Begin appointments process (Senate only)
- membership in proportion to party strength
- e.g. Senate judiciary Committee (do more then appts)
33
Q
3
Describe select committees
A
- ad hoc basis
- Investigative e.g. US House Select Committee on the January 6 attack
- membership in proportion to party strength
34
Q
1
What is a limit to the power of a Commitee Chairman
A
- House Republicans have imposed 3-term (6 year) term limit on Republican House Commitee Chairs
