US Congress - Topic 2.2.2

Question 1

What is the first stage of the legislative process in Congress?

Answer 1

A formality; received by a leading member of the House or Senate and placed in committee(s).

Introduction

Question 2

What is the second stage of the legislative process in Congress?

Answer 2

Pigeon-Holing: Put into a congressional committee but not given hearings or further action; effectively ‘dying’. If they’re fortunate enough to be acted on by the committee, it is then sent to the specific house to be considered.

In the Senate, bills can be considered by a whole committee or sub-committee. If a bill is considered, it is amended first before being sent off.

Committee Consideration

Question 3

What is the third stage of the legislative process in Congress?

Answer 3

Timetabling is decided by the House Rules Committee (2:1 ratio of majority). The committee decides when it’ll be debated and how it’ll be debated (open or closed).

In the Senate, the Senate majority leader decides on timetabling.

Scheduling

Question 4

What is the fourth stage of the legislative process in Congress?

Answer 4

In the House - It’s timed. Once time is up, a vote must be taken.

In the Senate - Unlimited Debate a.k.a Filibustering
To end a filibuster, a cloture motion must be invoked (60 senators need to sign).

Floor Action

Question 5

What is the fifth stage of the legislative process in Congress?

Answer 5

Both houses must agree on a version of the bill via conference committee.

Method of reconciling bills:

• ‘Ping-pong’ - Liaised over by the leaders of each chamber
• ‘Take it or leave it’ - One chamber will adjourn, forcing the other to accept

Resolving differences

Question 6

What is the sixth stage of the legislative process of Congress?

Answer 6

Sign legislation - The President signs and it becomes law

Veto legislation - The President vetoes and doesn’t become law

• Line-Item Veto (Has been deemed unconstitutional). Allows the executive to veto certain lines of legislation in a bill without vetoing the entire bill and it still is signed and passed
• ‘Leave on the desk’ - Can either become law in 10 days while Congress is in session. If not, it is ‘pocket vetoed’

Presidential action

As of December 2022, out of the 17641 pieces of legislation proposed in the 117th Congress, 228 of them have passed to become laws. There is a 1% success rate.

Question 7

What is the importance of having both chambers in the process?

Answer 7

• In the House, amendments offered must be relevant to the bill that is currently being debated. In the Senate, the “germaness rule” is irrelevant and is not followed
• The House’s process on the legislative process is controlled more by the majority party compared to the Senate. The Speaker of the House chooses which committee gets the bill as well as choose the members of the majority members of the House Rules Committee. The principle of unanimous consent makes party control weaker in the Senate and allows for individual influence in the process
• The House has timed debates, the Senate has ‘unlimited debate’

Question 8

Is Congress significant in policy making?

For:

Answer 8

• Congress can pass laws on a wide range of policies and has the ‘necessary and proper clause’ to rely on expanding its power
• Congress has deepened its role in policy that has usually been left to the states
• In unified government, significant pieces of legislation can pass
• The supremacy of Congress dictates that congressional law will always be more powerful that state law
• Congress is capable of being bipartisan and can therefore pass legislation compromise or not

Question 9

Is Congress significant in policy making?

Against:

Answer 9

• States have been unwilling to give Congress complete control and making their own legislation in rebuttal
• Congress is dependent on the states to enforce laws and it has previously found its laws ignored
• The difficulty of creating and passing laws in Congress means it passes very little bills. Congress has found it hard to pass immigration reform despite bipartisan support in both chambers
• Laws passed by Congress can be overturned by the President and the Supreme Court
• The increase in hyperpartisanship has reduced Congress’ ability to pass legislation, reducing impact