The Legislative Branch: Legislative Process Unit 3: The Legislative Branch

Legislative Tactics Legislators have plenty of opportunities (other than their vote) to impact both the form of legislation or the passage of legislation as the bill goes through the process Committee System: Committees can decide not to take action on bills, making it close to impossible to get a bill to the floor for debate/vote Amendments: During the debate, members can propose amendments to the bill (common in Senate, but House Rules committee can limit proposals in the house). These amendments can change the legislation for either a positive policy benefit, change the bill to make it easier for others to support, or be a “poison pill” that makes it harder for people to support the bill.

Legislative Tactics “Riders”: A specific type of Amendment. Adds legislation to the bill that has little to do with the purpose of the bill. Can be used both to gain support or as a “poison pill.” Bills with lots of riders are called “Christmas Tree” bills. “Pork Barrel Legislation”: Specific Riders that provides funds/projects for other members’ home districts/states to curry favor. “Logrolling”: And attempt to get somebody to support your legislation by backing bills they support Lobbying Other Members: Legislators may use their personal relationships with other members to try to influence their vote. Caucuses: Might help form voting blocks to encourage/discourage legislation from passing. Often they can get amendments made to the bill in order to gain their support.

Legislative Tactics The Filibuster and Cloture A filibuster is when a Senator (or a group of Senators) continue to speak in order to avoid coming to a vote A filibuster can only end with a motion for Cloture Cloture officially ends debate and moves to voting Cloture takes 60 votes to achieve Meaning, a minority group in the Senate can prevent a majority vote In order to save time now a party will announce an intent to filibuster, and if the majority can’t find 60 votes to bring Cloture, they will move on to another item Individual Senators (Ted Cruz, Rand Paul) have tried one man filibusters not to stop a vote, but to make a point and get publicity

Theories of Legislative Voting Trustee Model (Attitudinal View) Members of the legislature vote using their own personal beliefs, ideology, and view on a bill. Assumes that you are elected not to simply parrot the views of your constituents but because they trust you to use your best judgment on the merits of legislative action. Delegate Model (Representational View) Members of the legislature vote the way their constituents want them to vote. Assumes that you are elected to be the voice of what your constituents want.

Influences on Congressional Voting Constituents: Members, especially those who won by close margins, have to pay close attention to their constituents’ views and wishes Other Lawmakers and Staff: Most senior members often influence newer members; committee members who work on legislation often influence other members; staff research and advise members President: Puts pressure on members. Success based usually on popularity of the President Lobbyists and Interest Groups: Often provide members with information on topics and possible financial support Party Influences: Each Party’s platform takes a stand on major issues. Loyalty is rewarded in the party (“primary” those who aren’t loyal). More influential in the House

Party Polarization Over the past 30 years or so the two political parties have been moving “further” from each other. In the Legislative Branch this is known as “Party Polarization.” Republicans and Democrats being unable to compromise either based on each party moving further to the right/left OR on a more “rigid” ideology that rejects compromise. Seen more often in the House than the Senate

Causes of Party Polarization Clear Issue Differences Between the Parties Particularly as social issues (Abortion, Gay Marriage, etc) have risen. Gerrymandering (House only) Gerrymandering of districts creates more “safe” seats where the election is won in the primaries. As primary voters are more ideological the winner is the more ideological of the two. Media Polarization The MSNBC-FOXification of the media Primary System Congressional races are now “ideological” and they weren’t before Interest Groups Single Issue Interest Groups have gained power and influence

Impact of Polarization Gridlocked Government When government is “divided” (different party control of different branches) it makes it difficult to get anything passed. Lack Of Compromise