Unit 7 - The Legislature- American ✅ Flashcards
First Reading
This is a formal process with no vote or debate
House : placing a copy of the bill on a hopper (tray)
Senate : read out title
They are then numbered, printed , circulated and sent to the most appropriate standing committee (between 10,000 and 14,000 bills are introduced but only 3-5% make it into law
Committee Stage
This is the most important stage and far more bills fail here than at any other place.
Many are ‘pigeon holed’ with no action taken.
Therefore those that are given hearings are those with a great deal of support from Congress, White House administration and Pressure Groups.
‘COMMITTEE HAVE LIFE OR DEATH POWER OVER THE BILL’
After hearings there are mark up sessions which mark the changes before sending bills to the next stage
Timetabling
‘Legislative traffic jam’
Senate: unanimous consent agreements - there are agreements between the majority and the minority leaders on what to debate
House: House Rules Committee - allows some bills through but holding others back , if they fail to rule a popular bill, a discharge petition can be signed by the absolute majority - 218
e.g. 2001-2002 Shays Meehan Campaign Finance Reform Bill
Second reading
Here they debate the bill and further amendments can be made, votes are taken on both amendment and whole bills and a simple majority is required.
‘voice vote’ for non controversial
‘recorded vote’ for others
Filibuster
A device by which an individual senator, or group of senators , can attempt to talk a bill to death by using delaying tactics . Senators right of unlimited debate and 3/5’s vote is required to end a filibuster
Third Reading
This is the final opportunity to debate the bill and if any major amendments were made at the 2nd Reading, the 3rd Reading can occur weeks or months later - as well as another debate
If only a few amendments were made at the 2nd Reading then the 3rd Reading would follow almost immediately
A vote at the end of the third Reading
Conference Committee
These are set up if a bill was passed in two different forms by the two chambers
Nowadays these committees are avoided - with any differences resolved by the majority party leadership
‘PINGPONGING’ - this is where a bill from one chamber is on a take- it - or - leave- it basis to the other chamber - this reduces possible input from minority groups and thereby further increases the partisanship
Presidential Action
1) sign bill into law e.g. December 2002, Bush signed the Homeland Security Bill
2) leave the bill on the desk : takes no position or would like to VETO but knows that he will lose - it will become law in 10 Congressional Days
3) VETÓ the bill - for the ones he strongly opposes and also the threat of VETO. However the President must act within 10 congressional working days
Why do so little bills become law?
Veto and the threat of VETO
Huge number of bills introduced e.g. in the 110th Congress there was over 14,000 bills
Complex process and there are opportunities for delay such as filibusters
Supporters of the bill must win at every stage whereas opponents only have to defeat it once
Bill that are not completed in one Congress must start again in the next - Congress only lasts 2 years
The Senate and the House are equal in legislative power and neither can impose its will on another
- the relationship between them is likely to be strained if they are under control of different parties
Partisanship in Congress is as strong as at any point since WWII and an unwillingness to compromise results in fewer bills being passed
Committee Chairmen are powerful
Control the agenda - chairmen determine what is being discussed and as a result this can shape and focus the direction of an investigation
Decide who is going to speak and where the meetings will take place - this gives chairmen tremendous power in being able to stop opposing voices being heard when legislation is being written and hearings held
Committee Chairmen have a large support staff which they can use to obtain detailed research and evidence that will support their position in the committee
Committee Chairmen aren’t powerful
The responsibility for shaping important legislation has moved from committee chairmen to party leaders and this has finished the once powerful role they once held
Republican committee Chairmen have been limited to a maximum term of 6 years since 1994 and this has reduced the power of once long serving Chairmen who could dominate an area of public policy for decades
Chairmen no longer owe their position to seniority and this means that sitting Chairmen can be removed from their position if the party leadership believe somebody else is more deserving of the post
Standing committee
They are in both houses and they are a permanent policy- specialist committee
Senate : normally has 18 members
House : normally has around 40-50 members
The chair of the committee is always from the majority and the party balance in each committee is proportionate to the representation of the chamber .
Have three jobs (3RD is Senate only)
1) conduct committee stage of bills
2) conduct investigations within committees policy area
3) begin the confirmation process of numerous presidential opportunities
House rules committee
It is one of the standing committees of the House and the membership is much smaller; the chair of this committee is considered to be one of the most influential posts in Congress
Prioritising bills coming from committee stage to House floor for Reading - most bulls must go through House Rules Committee if they are to reach the final passage
In 2009 the Committees has just 13 members - 9 democrats and 4 Republicans
Conference Committee
They are needed because they attempt to reconcile the Senate and House if they have different versions of the same bill.
It is as hoc and therefore only used for significant legislative processes
Select Committee
They are mostly ad hoc and they investigate something that other committees have not covered .
The Seniority rule rates that the chair of a congressional standing committee will be the member of the majority party with the longest continuous service on that Committee
Exclusive powers of the House
Initiate money bills : the directly elected representatives should have first say in how the money is spent
Power of impeachment : with any member of the executive of judiciary
Deadlock of electoral college : House is charged with electing the President — only happened in 1800 and 1824
Exclusive powers of the Senate
Power of taking impeachment to trial
To elect the VP if it’s deadlocked - not used since 1824
To ratify treaties - 2/3rd majority required
By a simple majority they can confirm or reject appointments made by the President e.g. Obama and rejection of Merit Garland
Joint powers
To pass legislation - consensus needed from both chambers
Declare war - this has not been used since 1941!
To initiate amendments to the constitution 2/3rd majority required
To scrutinise the executive branch of the government ; standing and select committee
To confirm the appointments of appointed VP- 25th Amendment
Members are out of touch with their constituents (5)
Consistently low approval ratings of Congress as an institution
High cost of elections deters challengers and means that senators and representatives are beholden to donors rather than voters
The house changing hands in two of the last four elections suggests a high level of voter discontent
Lack of term limits creates an unrepresentative elite
Safe states and gerrymandered districts means that many senators and representatives face no serious challenges in the general election, and the only threat to their security is through a primary challenger ; consequently the only constituency they have an incentive to represent is primary voters
Members aren’t out of touch with their constituents (5)
senators and representatives devote much of their legislative energy to obtaining benefits for their states and districts
Senators and representatives often have high individual approval ratings
High rates of incumbency success , typically over 90% in the House and 80% in the Senate- this suggestso a higher level of voter satisfaction
Elections every two years in the House mean representatives have to stay in touch to remain electable
Senators and representatives make considerable effort to keep in touch with their constituents
Pressures on the members of Congress ?
Party : party voted happen over ideological matters and since 90’s there has been an increase in partisanship as one party votes against another. HOWEVER they are ideological groupings within parties which can vote with opposing party
e.g. In 2011 there was 75.8% party votes
Constituents : they are vested with formal responsibility of others and they will face the electors every two years. Members of the constituency will put pressure on their representatives by sending emails or participating in town hall meetings
e.g. in 2012 Eric Canter lost his seat in primary election to a tea party Republican because it was claimed he fell out of touch
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Congress has influence on foreign policy
Congressional oversight - Benghazi investigations with Obama, Trump- Russia investigation
Congress continues to control all financing of the armed forces and arguably brought the Vietnam War to and end through its withdrawal
Congress’ power to declare war was reaffirmed by the War Powers Act
The Senate must approve all Cabinet members appointments , influence foreign policy in rejecting people they may disagree with from position of Secretary of State/ defence
e.g. John Tower Secretary of Defence in 1989
Significant Presidential treaties have been rejected by the Senate e.g. Comprehensive Test Ban Treaty 1999
Congressional leaders sometimes attempt to run an alternative foreign policy path to the President e.g. the passing of the Helms - Burton Act and 2012 sanctions on Iraq
Congress doesn’t have influence on foreign policy
Congressional attempts to exercise the power of the purse typically end in failure e.g. timeline for withdrawal from Iraq 2006-2008
The power as commander in chief means that he can deploy armed forces without Congressional approval as occurred in Libya March 2011 and even in face of explicit congressional refusal e.g. Clinton and Kosovo 1999
The President can bypass the Senates powers of ratification and confirmation through recess appointments and executive agreements
Evidence of party control
Evidence of rebellion is rare and lost members of Congress vote with their parties on a vast majority of issues
The party will distribute campaign funds to members and this money can be used to coerce members of Congress to vote as a party would like. If members are continuously rebellious they may find that the party is unwilling to support their re- election campaign
Growing control over committee members - this ensures that discipline is enforced over Patty members as the leadership can take members off committees that may be potentially lucrative or politically beneficial
