“Multiple Paths: Legislative Process in the House” Barbara Sinclair

Legislative Process Legislative Process: From Textbook to Modern Congress The assumption of the “Textbook” Congress was that the legislative process was consistent and predictable. Reality: Legislative Process is “Varied and Complex”

Legislative Process Scheduling Legislation: The scheduling of legislation is controlled by the House Majority, but it is considered simply in the order in which it appears on the schedule. Legislative Rules The legislation is generally considered according to a variety of rules.

Legislative Rules Legislative Rules: Most of the legislative process is governed by agreed upon rules. What Rules Do: 1) Restrict Amendments 2) Waive Points of Order

Legislative Rules: Legislative Rules: Restricting Amendments: Options 1) Open Rule: Allows Germane (Relevant) Amendments 2) Closed Rule: Only Reporting Comm. Can Suggest Amends. Modified Options: 1) Modified Open Rule: Allows Some Germane Amendments 2) Modified Closed Rule: Certain Comms. Can Suggest Amendments.

Legislative Rules Examples of Legislative Rules 1) Suspension of Rules 2) Special Rules

Legislative Rules Examples of Legislative Rules Suspension of Rules It is typically used only with non-controversial legislation. Features: 1) Controlled by Speaker 2) Debate Limited to 40 Minutes 3) No Amendments Allowed

Legislative Rules Examples of Legislative Rules Special Rules Special Rules also allow legislation to be considered out of order. They are introduced by the Rules Committee, as House Resolutions.

Legislative Process Rules Committee Before legislation can be considered, the rules to be applied to floor debate must be determined. The rules of legislative debate often shaped by the complexity of the legislation: how committees are reporting, for example. How Rules Shape the Debate: Examples 1) King of the Hill 2) Queen of the Hill

Legislative Process How Rules Shape the Debate: 1) King of the Hill: Amendments are voted on in a series, with the last one achieving an majority passing. Hence, the key version, supported by Speaker is always placed last. Example: 1991 Civil Rights Bill 2) Queen of the Hill: Amendments are voted on in a series, with the first receiving a majority passing. Again, the key version, supported by Speaker is generally placed last.

Legislative Process Ruling Making Process: 1) Debate on the Rule Limited to a Hour: Rules Half/Min Half 2) Move the Previous Question: a. Passes: Ends Debate, Allows Vote on Rule. b. Fails: Opponents Control Floor Ex: Reagan Econ. Policy 3) Vote on Rule a. Roll Call (Votes Recorded) b. Voice Vote 4) Committee of the Whole

Legislative Process Committee of the Whole Is the whole House, but the rules are streamlined. Aspects: 1) Only need 100 for quorum (opposed to 218) 2) Amendment Limited to Five Minutes 3) Speakers Delegates to Presiding Officer