Section 4: The Bill in the Senate

Objectives: * Explain how a bill is introduced in the Senate. * Compare the Senate’s rules for debate with those in the House. * Describe the role of conference committees in the legislative process. * Analyze the constitutional powers of the President after both houses have passed a bill.

The Bill in the Senate * The basic steps in the lawmaking process are much the same in the House and the Senate. * There are a few critical differences Introducing the Bill * Bills are introduced by senators, who are formally recognized for that purpose. * A measure is then given a number and short title, read twice, and referred to a committee, where bills are dealt with much as they are in the House. * The Senate’s proceedings are less formal and its rules are less strict that the House.

The Bill in the Senate * The Senate has only ONE calendar for all bills reported out of its committees. * Bills are called to the floor at the discretion of the majority floor leader. Rules of Debate * The major difference between the House and the Senate procedures involve debate. * Floor debate is strictly limited in the House, but almost unrestrained in the Senate. * Most senators are intensely proud of belonging to what has been called the “greatest deliberative body in the world”.

The Bill in the Senate * As a general matter, senators may speak on the floor for as long as they please. * The Senate has not rule that requires a senator to speak only on the measure before the chamber. * The Senate’s rules do not allow any member to move the previous question. * The Senate’s consideration of most bills is brought to a close by unanimous consent agreement. * Discussion ends and the chamber votes at a time previously agreed to by the floor leaders.

The Bill in the Senate * If any senator objects, and so prevents unanimous consent, the procedure fails. * The Senate does have a “two-speech rule”. * Under this rule, no senator may speak more than twice on a given question on the same legislative day. * By recessing – temporarily interrupting – rather than adjourning a day’s session, the Senate can prolong a “legislative day” indefinitely. * The two-speech rule can successfully limit the amount of time the Senate spends on some matters on its agenda.

The Bill in the Senate * The Senate’s dedication to freedom of debate is almost unique among modern legislative bodies. * The freedom is intended to encourage the fullest possible discussion of matters on the floor. * The greatest latitude allowed can be abused by the filibuster. Filibuster * The filibuster is an attempt to “talk a bill to death”. * It is a stalling tactic, a process in which a minority of senators seek to delay or prevent the Senate action on a measure.

The Bill in the Senate * The filibusters try to monopolize the Senate floor and its time that the Senate must either drop the bill or change it in some manner acceptable to the minority. * The filibuster is a major weapon that senators use as a time-killing motion. * Senator Huey Long (D-La) spoke for 15 hours on * He stalled by reading from the Washington, DC phone book, recipes for “potlikker” (a corn bread and turnip greens).

The Bill in the Senate * In 1947, Glen Taylor (R-Idaho), used more than 8 hours of floor time talking about his children, Wall Street, baptisms, and fishing. * LONGEST FILIBUSTER - - Strom Thurmond (SC) He talked for 24 hrs and 18 minutes against the Civil Rights Act of Read the Declaration of Independence, Washington’s acceptance speech, and etc

The Bill in the Senate * A team of senators consumed 57 days of debate trying to filibuster the Civil Rights Act of * 2 nd longest – Alfonse D’Amato (NY) Spoke for 23 hrs and 30 minutes on the military bill of * 3 rd longest – Wayne Morse (Oregon) Spoke for 22 hrs and 26 minutes on the Tidelands Oil Bill in * The practice of filibustering is still used and quite successful.

The Bill in the Senate * 200 measures have been talked to death in the Senate. * Just the threat of a filibuster has resulted in the Senate’s failure to consider a number of bills and the amending of many more. * The Senate often tries to beat off a filibuster with lengthy, even day-and-night, sessions to wear down participants.

The Bill in the Senate * At times, some little observed rules are quite strictly enforced. 1) Senator must stand the entire time they talk They cannot sit, lean on their desk, or walk around the chamber 2) They cannot use “unparliamentary language” * Most counter measures do not work * The Cloture Rule > The Senate’s real check on the filibuster is its Cloture Rule. > Adopted in 1917 – after a three week filibuster > The German U-Boats had targeted US merchant ships at the start of WW II. President Wilson asked Congress to pass a bill that would allow the arming of merchant ships. 12 men in the senate filibustered it to death.

The Bill in the Senate * The Cloture Rule came about after this event. * Cloture or limiting debate. * This rule is not in regular force. * A vote to invoke the rule must be taken two days after a petition calling for that action has been submitted. * If 16 members submit it and 60 senators vote for it, then the rule becomes effective and 30 hours of total floor time may be spent on the measure. * 400 attempts have been made to invoke this rule and about a 1/3 of them have been successful

The Bill in the Senate Conference Committees * A bill has a long route to becoming a law in Congress. * It has to make its way through Committee, the rules and floor decisions, and then debate and vote on the bill. * Any measure enacted by Congress has to pass both houses and be signed by the President. * The measure has to be passed in identical form * When both houses pass a measure that are different versions, the measure is turned over to a conference committee.

The Bill in the Senate * A conference committee is a temporary joint committee of both houses. * It seeks to iron out the differences and come up with a compromise bill. * The committee’s version cannot contain any new information that was not already in either measure. * Once the committee has agreed on a measure, it is submitted to both houses for a vote. * Rarely it is turned down. * Conference Committees are referred to as the “third house of congress”.

The Bill in the Senate The President’s Power * The Constitution requires that every bill which shall have passed the House and the Senate shall be presented to the President… * The Constitution presents the President with four options. 1) The President may sign the bill into law. 2) The President may veto – reject – the bill.

The Bill in the Senate 3) The President may allow the bill to become law without signing it – buy not acting on it within 10 days. 4) The President may pocket veto it – If Congress adjourns its session within 10 days of submitting a bill to the President, and the President does not act, the measures dies.