Exam 3: The Legislative Process Flashcards
What is a law
a written rule, by congress, that citizens must follow
what is a bill
a PROPOSE law
1st its a bill, then its a law
What are some examples of laws?
- speeding
- you have to pay taxes
- the establishment of a national park
How was the legislative process constitutionally designed?
in a way where BOTH the HOUSE and the SENATE must approve a bill before it becomes a law
Whats the very first step in the legislative process?
DRAFTING THE BILL
legislative process =
getting a bill to become a law
Where is a bill drafted?
A bill is ONLY drafted by CONGRESS
Bills dealing with taxation must be written by
THE HOUSE!!
T/F: Senators write taxation bills
FALSE
only the HOUSE can write taxation bills
During the drafting stage of a bill, there is no stipulations in regards to
- what the bill is about (can be anything within congresses power)
- which chamber writes the bill (except for taxation bills)
What are the steps for when a bill reaches the House?
1st part: drafting a bill
- House Introduction
- parliamentarian
- House Committees
- standing
committees - Chair Decides
- Public Hearing
- Mark up stage
(private
committee)
- standing
- House Floor Activity
- House Rule
Committee
* Open & close
rule
* majority vote
- House Rule
What occurs during the House Introduction stage?
The bill is read on the floor/ chamber of the house in front of all the house members
Who is a parliamentarian?
a HIRED ATTORNEY
What does a parliamentarian do?
determines the subject of the bill
What occurs during the House committee stage?
the parliamentarian refers the bill to one of the 20 standing committees
How many standing committees are their in the house?
20
What does a standing committee do?
Review the bill
have different subjects that determine a bill
Example: if the subject of the bill is military then it is referred to the military committee
Standing committees have
different “subjects” that determine a bill
Example: if the subject of the bill is military then it is referred to the military committee
What occurs next once a standing committee reviews and determines a bill?
The CHAIR of the committee decides if they want to accept or reject the bill (killing the bill)
If a bill get accepted by the Chair of the standing committee, what occurs next?
A Public Hearing
What is a public Hearing?
where citizens come and tell congress whether they are for or against the bill
After a public hearing what occurs next?
Mark up stage = private committee meeting
what is the mock up stage?
Is a private committee meeting that determines what is going to happen with the bill
What are the four options for a bill during the markup stage?
- Accept
- Reject
- Amend
- Table
What does it mean when a House member “tables” a bill?
This means that they will not vote on the bill, instead they are going to put it aside for later
why would a House member or Senator “table” a bill?
if they are waiting for a similar bill
if the bill is controversial
Explain the path of a bill once it reaches the House Committees Stage.
- standing committee reviews/ determines bill
- Chair decides to reject or accept bill
- public hearing: gets citizens opinions
- Mark up stage: makes one of four decisions about a bill (1) accept (2) reject (3) amen (4) table
what does it mean if a house member or senator amends a bill?
they edited the bill before it was passed
(very common)
What happens to a bill during the house floor activity stage?
- goes through the house rule committee
- determine if its an open or close rule
- majority vote
What does the house rule committee do?
schedules the bill: determines what day and time the bill is going to be heard by ALL house members
What is the close rule?
NO DEBATE
Just vote
what is the open rule?
can debate before voting
T/F: In the House, members can choose whether they want to debate a bill or not.
TRUE
in the house members can choose to debate before voting per the open and close rule
In order to pass a bill in the House and Senate there needs to be a
MAJORITY VOTE: 50% + 1
A majority vote in the house must add up to __(1)__ votes
218
What happens when a bill DOES NOT receive a majority vote?
the bill dies, its gone
Explain the Legislative process once a bill goes through the Senate.
Step #1: Senate Introduction
1. on the senate floor
2. Parliamentarian
i. Determines the subject of the bill
Step #2: Senate Committees
1. 24 standing committees
i. Review those bills
2. Chair Decides
i. Accept or reject the bill
3. Public Hearing
i. Hears from citizens and there opinion of the bill
4. Markup Stage
i. Private Committee
1) Pass bill
2) Reject bill
3) Amend bill
4) Table bill
Step #3: Senate Floor Activity (difference)
1. SENATE ALWAYS DEBATES
T/F: The Senate always debates a bill.
TRUEEEE
What members within the senate determine when the bill will be heard by the entire senate?
Majority & minority leaders
What is the role of majority and minority leaders during step #3: senate floor activity?
Determines when the bill will be heard by the entire senate
What is Filibuster?
is a strategy, where senators are going to continue to debate pass the past deadline
Ex: bill is due at 4:00 pm, a senate member is going to debate until 4:01 pm
What could be the reasoning for a filibuster?
a member does not want the bill to be passed
there are not enough votes to decline the bill
What are the rules for a filibuster?
- Only 1 senator can filibuster
- the senator has the stand and continuously talk
What is the pathway of a bill once it reaches the senate floor activity?
- majority & minority leaders decide the time and day the bill will be heard
- Debate, a filibuster can occur
- Cloture: ends the filibuster/ ends the debate
- Majority Vote: 51 yes votes
What is a cloture?
- Ends a filibuster
or - Vote to end a debate
How many votes must be needed to end a debate (cloture)?
70 out of 100
How many votes are needed to pass a bill during the senate floor activity?
51 votes = majority vote
When a bill goes to the house then it must go to the __(1)__
when a bill goes to the senate then it must go to the __(2)__
- Senate
- House
how many bills make it through the entire process?
10 - 20 %
When is a conference committee formed?
When a bill is CHANGED by another chamber
ONLY IF THE BILL HAS BEEN CHANGED/ if the bill is different
What is a conference committee
when certain House AND Senate members come together to produce a compromise (one final bill)
What is the job of the conference committee?
to produce one final change bill
what occurs once the conference committee develops a final changed bill?
the “new” bill goes to the floor to be voted on.
needs a majority vote, if not the bill gets “killed”
What is the last stop for a bill?
THE PRESIDENT
If a president approves a bill then it
becomes a LAW
when does a bill become a law?
when the president approves it
What are the 2 options a president has when deciding a bill?
- Approve the bill = LAW
- veto bill
what does it mean when a president vetos a bill?
this means that the president DID NOT like the bill, so he/ she did not sign it
How can a presidents veto be override?
a veto can be override by congress with a 2/3 vote
what occurs when a veto bill is override by congress?
It becomes a law
