Congress and Legislation

Question 1

Introduction

Answer 1

• The introduction is a pure formality. There is no debate and no vote. Bills are numbered, printed, circulated and sent on to the appropriate standing committee

Question 2

Committee stage

Answer 2

• This is the important stage. Far more bills fail here than at any other stage, most bills are just put to one side with no action taken.
• Bills with a good amount of support - from members of Congress, the White House, the administration or interest groups, that are given hearings
• The standing committee members are regarded as the policy specialists in their policy area and they have the full power of amendment - anything can be removed or added to the bill at this stage

Question 3

Timetabling

Answer 3

• By the time for Congress has been in session for a few months, a huge number of bills will be waiting to come to the floor of both chambers for debate and vote on passage.
• The Senate deals with it through what is called a unanimous consent agreement. This is in effect, an agreement between the Senate majority and minority leaders on the order in which bills will be debated on the Senate floor
• The House deals with it through the House Rules Committee

Question 4

Floor debate and vote on passage

Answer 4

• This is the first opportunity for the full chambers to debate the bill. In both houses, further amendments can usually be made. Votes are taken both on amendments and on the whole bill at the end of the debate.
• In the Senate, filibusters can occur during debate on the floor. Senators can exercise their right of unlimited debate to delay a bill. To end a filibuster, a cloture must be approved. A cloture petition must be signed by 16 senators and then approved by three fifths of the Senate.

Question 5

Conference committee (optional)

Answer 5

• This stage only occurs if the two different versions of the bill can’t be reconciled into just one bill formally by both chambers.
• They have declined in use over the past 20 years. In the 115th Congress (2017-2019), there were 7 conference reports, compared to the 104th Congress (1995-1997) where there was 37 conference reports.

Question 6

Presidential action

Answer 6

• If the president fully supports the bill, the president will sign it and it will go into law. If the president takes no action on a bill within 10 congressional working days, the bill will go into law anyway.
• The president can also veto a bill that the president strongly opposes. Congress can then make changes to the bill and send it back, Congress can override the veto with a super majority or Congress will simply accept the president has won and no further action will be taken.
• A pocket veto can also happen, although these are rare. This is when the legislative session ends and the president does not sign it. Congress can not override this and the bill is lost.

Question 7

Why is Congress considered not very effective in passing legislation?

Answer 7

• A vast number of bills are introduced. This makes the process crowded.
• The process itself is complicated.
• There is the need at some stages for super majority votes
• Power in Congress is decentralised. Much power resides with the standing committees and especially those who chair them.
• Both chambers possess equal power

Question 8

Another criticism of Congresses legislative process

Answer 8

• The dramatically declining use of conference committees to reconcile House and Senate bills.
• Important legislation needs the benefit of a conference committee to ensure greater member participation, which generally leads to a more effective process and better legislation
• Without a conference committee, the final version of the bill is often decided by just a handful of members, mostly drawn from the leadership of the majority party