PowerPoint #3 How a Bill Becomes a Law

Essential Questions: Explain the process a bill goes through to become a law. Explain what things can keep a bill from becoming a law.

How a Bill Becomes a Law **(analyze and understand this graph) How does a bill become a law in the US Congress?

What does the Constitution say about setting up laws? Congress has the sole power to create laws Article I of the US Constitution The process is intentionally complex & requires all part to work together …why?

Introduction of a Bill The bill can come from a variety of sources: Individual citizens, Special interest groups Corporations Only a member of Congress can officially introduce the bill

Introduction of a Bill A bill can start in either the House or the Senate The bill is placed in the “hopper” Bills are retrieved from the hopper and referred to committees with the appropriate jurisdiction

The Bill is Assigned to Committee Each House has standing committees that consider their bills Each committee has two leaders who try to edit the bill so it will pass on the floor Chairperson (Majority) Ranking Member (Minority)

Pigeonholing a Bill Definition: Ignoring a bill in committee and letting it die The term comes from pigeons being ignored by most people, and the placing of a bill in a cubbyhole and leaving it there

The Bill is Reported to the Floor If the bill is passed by the committee, it is sent to the whole House for debate and vote “reported the bill favorably to the floor.” The Speaker determines which bills are discussed and for how long. Debate Voting

The Party “Whips” The party “whips” are responsible for “whipping up” support for bills before the House of Representatives House Majority Whip Kevin McCarthy (R-CA) House Minority Whip Steny Hoyer (D-MD)

Congressional Riders Definition: In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill. Riders are usually created as a tactic to pass a controversial provision that would not pass as its own bill. May also be referred to as “pork” or “pork barrel”

Speaking of “Pork”… A look at the National Debt Clock Go to the following website. Touch any of the numbers and it will show an exclamation at the top. http://www.usdebtclock.org/# Many things that the government spends our tax money on sounds like a good idea, but can we really afford it?

Lobbyists Individuals who seek in influence the legislative process for a particular cause, industry, or individuals In 2013 more than 12,000 registered lobbyists spent over three billion dollars attempting to influence the policies of the federal government

The Bill Goes to the Senate The bill is sent to the US Senate As in the House, the bill must be referred to the appropriate standing committee Committees hold hearings & make changes to the bill The committee can ‘report” the bill to the Senate floor

The Senate Party “Whips” The party “whips” are responsible for “whipping up” support for bills before the Senate Senate Majority Whip John Cornyn (R–KY) Senate Minority Whip Dick Durban (D-NY)

Debating in the House / Senate In the House, debates are limited by time Speaker of the House keeps things moving Debate in the Senate is unlimited. Filibusters can be used to block bills (endless debate) Cloture -3/5 (60 votes) of the Senate must agree to stop the filibuster

Filibuster Definition: an action such as a prolonged speech that obstructs progress in a legislative assembly while not technically contravening the required procedures

Record-long Filibuster In 1957 Democratic Senator Strom Thurmond of South Carolina talked for 24 hours, 18 minutes in opposition to the Civil Rights Act of 1957 In the 1960s, he opposed the civil rights legislation of 1964 and 1965 to end segregation and enforce the constitutional rights of African-American citizens, including suffrage.

Senator Robert Byrd (WV) filibustering Civil Rights Legislation Southern Democrats attempted to block the Civil Rights Act of 1965 with a 75 hour group filibuster, which included a 14 hour and 13 minute address by Senator Robert Byrd (D-WV).

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Change Nuclear Option In 2013 Senate Majority Leader Harry Reid, (D-Nev.) secured approval to end the minority’s filibuster right in all but extraordinary circumstances for executive-branch nominations and judicial nominations (not the Supreme Court). This is called the "nuclear option" -- changing the chamber’s rules to eliminate a 60-vote supermajority for executive nominations

Both Houses Must Pass the Bill A simple majority in both houses is needed to pass the bill (51%) In the House: 218 votes are needed In the Senate: 51 votes are needed

Differences Between Houses Must Be Reconciled What happens when each house passes its own bill? Any differences must be ironed out Compromises are necessary The bill is considered by a conference committee, made up of both House and Senate members Sends the combined bill back to both houses. Both Houses must vote on the compromised bill

The Bill is Sent to the President The president has several options when it comes to turning the bill into law Options: Can sign the bill Can veto or reject the bill Not to act on the bill Called “pocket veto” (does nothing and the bill dies)

Line Item Veto Definition: The line-item veto is the power of an executive authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package. This allows the President (or governors for their states) to cross out added pork without vetoing the whole bill.

Line Item Veto Congress gave this power to the President Clinton in 1996 Clinton used it 82 times In 1998 the US Supreme Court ruled line-item veto to be unconstitutional in the federal government. 44 governors have line-item veto powers in their states

1. What conclusions can you draw with President Clinton and the line-item veto? 2. Do you think his debt %’s have anything to do with the 82 times he used the line-item veto?

The Bill Becomes Law Over the Veto If the president vetoes the bill, both Houses can reconsider the bill. Two-thirds (67%) of both Houses are needed to override the President’s veto. In the House: 369 votes are needed In the Senate: 67 votes are needed President Obama veto's a $612 billion defense policy bill

Historic Presidential Veto's and Overrides President (Years) Vetoes Regular Pocket Total Overridden Donald J. Trump (2017-present) 0  Barack H. Obama (2009-2017) 12  1  George W. Bush (2001-2009) 4  William J. Clinton (1993-2001) 36  37  2  George H.W. Bush (1989-1993)1 29  15  44  Ronald Reagan (1981-1989)2 39  78  9  Jimmy Carter (1977-1981) 13  18  31  Gerald R. Ford (1974-1977) 48  66  Richard M. Nixon (1969-1974) 26  17  43  7  Lyndon B. Johnson (1963-1969) 16  14  30  John F. Kennedy (1961-1963) 21  Dwight D. Eisenhower (1953-1961) 73  108  181  Harry S. Truman (1945-1953) 180  70  250  Franklin D. Roosevelt (1933-1945) 372  263  635  Herbert Hoover (1929-1933) 3  Calvin Coolidge (1923-1929) 20  50  Warren G. Harding(1921-1923) 5  6  Woodrow Wilson (1913-1921) 33  11  William H. Taft (1909-1913) Theodore Roosevelt (1901-1909) 42  40  82  William McKinley (1897-1901) Grover Cleveland (1893-1897) 128  170  Benjamin Harrison (1889-1893) 19  25  The complete list is at: https://www.senate.gov/reference/Legislation/Vetoes/vetoCounts.htm

Types of Resolutions (not Bills) Resolutions – official acts of congress (not laws) Simple resolutions – deals with matters only affecting one house (new rule or procedure), does not have the force of law, not sent to the President. Joint resolutions – passed by both houses, signed by President, has the force of law (correct an error in a previous law, appropriate money for disaster relief) Concurrent resolutions – passed by both houses, not sent to the President, does not have the force of law (voice opinion, date of adjournment)

Why So Few Bills Become Law Over 10,000 bills introduced each year, approximately 10% become law. The process is long and complicated (over 100 specific steps). At virtually every step along the way bills can be changed (amended), die – “pigeonholing” (no action taken), or be killed (voted against). Lawmakers must be willing to bargain and compromise with each other and lobbyists to gain enough support. Some laws are only introduced for their principle, idea, or symbolism – when a politician wants to make a statement but may know the bill has no chance.

Essential Questions: Explain the process a bill goes through to become a law. Explain what things can keep a bill from becoming a law.