Unit 7 - The Legislature- American ✅

Question 1

First Reading

Answer 1

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

Question 2

Committee Stage

Answer 2

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

Question 3

Timetabling

Answer 3

‘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

Question 4

Second reading

Answer 4

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

Question 5

Filibuster

Answer 5

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

Question 6

Third Reading

Answer 6

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

Question 7

Conference Committee

Answer 7

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

Question 8

Presidential Action

Answer 8

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

Question 9

Why do so little bills become law?

Answer 9

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

Question 10

Committee Chairmen are powerful

Answer 10

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

Question 11

Committee Chairmen aren’t powerful

Answer 11

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

Question 12

Standing committee

Answer 12

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

Question 13

House rules committee

Answer 13

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

Question 14

Conference Committee

Answer 14

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

Question 15

Select Committee

Answer 15

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

Question 16

Exclusive powers of the House

Answer 16

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

Question 17

Exclusive powers of the Senate

Answer 17

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

Question 18

Joint powers

Answer 18

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

Question 19

Members are out of touch with their constituents (5)

Answer 19

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

Question 20

Members aren’t out of touch with their constituents (5)

Answer 20

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

Question 21

Pressures on the members of Congress ?

Answer 21

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
—

Question 22

Congress has influence on foreign policy

Answer 22

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

Question 23

Congress doesn’t have influence on foreign policy

Answer 23

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

Question 24

Evidence of party control

Answer 24

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

Question 25

Evidence of a lack of control

Answer 25

Members may vote against their leadership when they believe it is in their own best electoral interest e.g. three democrats supported the nomination of Neil Gorsuch to the Supreme Court in 2017

Pressure groups can be seen to have a tremendous influence on the votes of individual members e.g. the NRA is particularly effective at campaigning to make sure that GOP’s vote against gun control legislation

John Boehner was forced to step down as speaker of the House due to a lack of support from the Freedom Caucus in the GOP’s. Ideological divisions exist within the parties which make it very difficult for the leadership to effectively govern. The left wing of the Democratic Party and right wing of the Republican are opposed to the leadership on a number of issues