Congress in Action The Filibuster & Test Prep Guiding Question: Is “Gridlock” actually built right into our legislative system? 1

Do not think of a pink elephant.

Standards USG.2.4 Explain the history and provide examples of foundational ideas of American government embedded in the Founding-Era documents such as: natural rights philosophy, social contract, popular sovereignty, constitutionalism, representative democracy, political factions, federalism, and individual rights. USG.3.2 Explain the constitutional principles of federalism, separation of powers, the system of checks and balances, republican government or representative democracy, and popular sovereignty; provide examples of these principles in the governments of the United States and the state of Indiana. USG.3.3 Identify and describe provisions of the United States Constitution and the Indiana Constitution that define and distribute powers and authority of the federal or state government. USG.3.7 Explain the relationships among branches of the United States government and Indiana government, which involve separation and sharing of powers as a means to limited government. USG.3.9 Explain how a bill becomes law in the legislative process of the United States and the state of Indiana. 3

The Test Essay You will be asked to answer two essay questions on the day of the test. Part A (Short Answer - 10 Points): You should be prepared to answer one of the following in a short answer format: 1.Despite the desire by most Americans to see Congress and the President work together the two branches often find themselves stuck in gridlock. Identify and explain 2 factors that encourage gridlock. 2.Generally speaking, over 90% of House and Senate members who run for re-election will win the election. Identify and explain two components of the Incumbency Advantage that aid members in getting re-elected. Part B (Long Answer- 24 Points) : Please provide a detailed description of the lawmaking process. Your answer to this portion of the essay will be graded according to the following rubric. 4

Part B of the Legislative Essay will be graded according to this Rubric 5

Additional Information: Log Rolling - the practice of exchanging favors, especially in politics by reciprocal voting for each other's proposed legislation. Concurrent Powers – are powers that are shared by both the State and the federal government. These powers may be exercised simultaneously within the same territory and in relation to the same body of citizens. These concurrent powers including regulating elections, taxing, borrowing money and establishing courts. 6

Filibuster (Remember Gridlock?) 7

Gridlock (redux) Gridlock occurs most often when there is divided government. Divided government is when the legislative branch and the executive branch are not unified under the same party. Gridlock can also occur even when the government is unified. One reason for this is the structure of the bicameral legislature. Even when a bill is easily passed in the House of Representatives, it can be stopped by a filibuster in the Senate. The nature of the media and technological advancements in communication have also contributed toward gridlock. Since politicians are always in the spotlight, they are more concerned with satisfying their constituents in order to win elections than being willing to make compromises. Gridlock (to the extent it was intended at all) was likely intended by the Framers to prevent colossal mistakes from being made. In current politics, however, gridlock has led to government inaction. 8

Filibuster An action such as a prolonged speech that obstructs progress in a legislative assembly while not technically contravening the required procedures. The filibuster was initially conceived of as a way to ensure that minority opinions were heard and understood before the Senate voted on an issue. Senate rules first allowed for filibusters in First used in The idea behind the filibuster was simple: As long as a senator kept talking on the floor, a bill could not move forward. Throughout the 19th century, the Senate left ending the filibuster up to the filibustering senators. In 1917, at the behest of President Wilson, the Senate adopted a procedure known as the cloture vote, which could end a filibuster. If a cloture vote is called for, a super- majority of senators can force an end to debate and bring the question under consideration to an up-or-down vote. Filibusters were particularly useful to Southern senators who sought to block civil rights legislation, including anti-lynching legislation, until cloture was invoked after a 60 day filibuster against the Civil Right Act of In 1975, the Senate reduced the number of votes required for cloture from two-thirds to three-fifths, or 60 of the current one hundred senators. 9

Filibuster The filibuster has been used 1,300 times since However, the vast majority of those filibusters have taken place in recent years. Filibuster use began to increase dramatically in the 1970s. Even so, there still had only been a grand total of 413 Senate filibusters by Over the last 14 years, however, the filibuster was used over 600 times! These filibusters aren't just being used to extend debates or stall votes— today, senators filibuster motions to proceed, preventing bills from being debated at all. 10

The filibuster…. How Hollywood imagines it…. The filibuster…. How Hollywood imagines it…. (Parks & Rec) (8:43)

How it really isHow it really is…. (3:00)

Filibuster Gregory Koger, Explaining The American Filibuster (21:00) Gregory Koger, Explaining The American Filibuster 13

Legislative Review Activity Working with a partner (or individually) please start reviewing for the Legislative Test. The Review Activity is a great place to start. You might also consider creating rough drafts of your essays. 14

Homework Please study for the Legislative Unit test. It will cover Topics in your text and notes. You will need to write a short essay a long essay and complete a MC test. 15