Legislative Process Suffolk University

Clerk (House/Senate) Relevant Comm Hearing Kill Pass Schedule Hearing Kill Pass Approp/Ways & Means No Action Adverse Pass Pull Floor Floor Floor Wright, Chapter 3: Vermont Legislature

Clerk (House/Senate) Relevant Comm Hearing Pass Kill Ways & Means Schedule Pass Kill Ways & Means Rules Steer/Policy Study Kill Pass Adverse Calendar Pass No Action Floor Floor Floor State Legislature

Power of House Speakers: US State Legislature Squire and Hamm, p. 102

Power of House Speakers: US State Legislature Squire and Hamm, p. 102 Indicators: Ability to 1) Appoint other Leaders; 2) Comm. Chairs; 3) Comm. Members; 4) Tenure Potential; 5) Control of Resources and Procedures.

Power of House Speakers: US State Legislature Case: Florida: Speaker Can: Appoint other Leaders Appoint Comm. Chairs/Members Controls Procedure But, has Limited Tenure Limited Resources Squire and Hamm, p. 102 Indicators: Ability to 1) Appoint other Leaders; 2) Comm. Chairs; 3) Comm. Members; 4) Tenure Potential; 5) Control of Resources and Procedures.

Power of House Speakers: US State Legislature Case: Hawaii: Speaker Can: Control Procedure Has control of Tenure But, has limited ability to Appoint Comm. Chairs/Members Limited Resources Squire and Hamm, p. 102 Indicators: Ability to 1) Appoint other Leaders; 2) Comm. Chairs; 3) Comm. Members; 4) Tenure Potential; 5) Control of Resources and Procedures.

Source: Davidson and Oleszek, Chapter 8.

Separation of Powers Source: Davidson and Oleszek, Chapter 8.

Separation of Powers

Committees: State Level

TR: Expanded GVT Taft: Limited GVT (Positive Liberty) (Negative Liberty) LBJ (1963-1968) Nixon (1968-1974) Ford (1974-1976) Carter (1976-1980) Reagan (1980-1988) H.W. Bush (1988-1992) Clinton (1992-2000) W. Bush (2000-2008) Obama (2008-2016) Trump (2016-)

S Perdue (Agriculture) Expanded GVT (Positive Liberty) Limited GVT (Negative Liberty) Scott Pruitt (EPA) S. Munchin (Treasury) J. Sessions (A. General) A. Azar (HHS) B. Devos (Education) Ben Carson (HUD) S Perdue (Agriculture) Alex Acosta (Labor) J. Mattis (Defense)

What Shapes Legislative Behavior? Rules, Norms, Trends Leadership (White House) Leadership (I, $) Institutionalism Political Economy Member Inter. Grps/Lobbyists (I, $) Business and Labor Interests (I, V, $) Rational Choice Preferences? Voters (I, V, $) Pluralism

What Shapes Legislative Behavior? Political Economy Member Business and Labor Interests (I, V, $) Source: John Berg a. Autonomy of the state, economic determination in the last instance (Class trumps politics, policies…)

What Shapes Legislative Behavior? Executive: Nat. Rules, Norms, Trends Leadership (White House) Leadership (I, $) Institutionalism Executive: State Member Leadership (Governor) Sources: Dodd and Oppenheimer; Sinclair; Green and Burns; Pearson and Schickler a. Rise of a Powerful Speaker (1970s to Pelosi) and Special Rules b. Influence of the Bush White House 2002-2006 (Medicare Drug Benefit, Tax Cuts) c. Trends: Polarization, Low Retire., Careerism, Partisan Redistricting (incumbency) 2. Sinclair; Lee, Wright a. Trends/Norms: Rise of Individualist, Partisan Senate with weakened Leadership. b. Rules: Deliberative process of Senate is making the Chamber Irrelevant c. States: Personal Politics of Power and Comm. Assign., Variation in States (Speaker)

What Shapes Legislative Behavior? Member Inter. Grps/Lobbyists (I, $) Source: McDonough; Dodd and Opp a. Normative v. Self-Interested leadership b. limits of the const. service, governmental intervention; c. which interests matter in a district; who has access, faith in the system, partisan basis of incumb. Voters (I, V, $) Pluralism

Separation of Powers Legislative Branch Executive Branch Judicial Branch Congress President Supreme Court Power to tax Declare war Coin and borrow money Necessary and proper clause (elastic clause). Commander in Chief Veto Head diplomat Nominates Supreme Court Justices Executive Privilege? -Judicial Review -Life Time Appointment

Separation of Powers Legislative Branch Executive Branch Judicial Branch Congress President Supreme Court - Power to tax Declare war Coin and borrow money Necessary and proper clause (elastic clause).\ - To Impeach Power: Expressed Powers (Listed in Art. I, s. 8) Commander in Chief Veto Head diplomat Nominates Supreme Court Justices Executive Privilege? Power: “Power to Persuade…” (Neustadt) -Judicial Review -Life Time Appointment Power: “to say what the law is … ” (Marbury v. Madison)

Separation of Powers Legislative Branch Executive Branch Judicial Branch Congress President Supreme Court Power to tax Declare war Coin and borrow money Necessary and proper clause (elastic clause). - To Impeach Commander in Chief Veto Head diplomat Nominates Supreme Court Justices Executive Privilege? -Judicial Review -Life Time Appointment Nat. Sec. Nat. Sec.

Nominated by President Separation of Powers Legislative Senate (100) Bicameral Legislature (Two Houses: Upper, Lower) House of Reps (435) Senate: Direct* Elected for 6 Years House: Direct Elected for 2 Years * (17th Amend, 1913) Executive Judiciary Presidency Supreme Court Electoral College Four Terms (Twice)* *(22nd Amend, 1951) Nominated by President Confirmed by Senate Lifetime (Art 2, Sect 2, Cl 2)

Each State Assigned Electors* based on: # of House Members Presidency Electoral College Each State Assigned Electors* based on: # of House Members + 2 Senators (*Electors names by parties) Total: 538: 435 Cong, 100 Sens, 3 Electors for DC. Presidential Vote: Vote for Electors (winner-take-all)* Candidate that wins popular votes gets all of a state’s Electors. (*save for Maine and Nebraska) Needed to Win: 270 (majority) (Article II, Sect 1, Clause 2)

Source: http://kbeckert. weebly

House of Representatives Session: Two Years (Begins on January 3rd) Congress Senate 50 members 35 Years 9 year citizen Ratify Treaties Cabinet Positions Confirm Justices Two, Per State Upper Bicameral Total: 535 Term: Six Years House of Representatives 435 members 25 Years 7 year citizen Levy Taxes Spending Bills Based on Pop. Lower Term: Two Years Session: Two Years (Begins on January 3rd) Madison: Federalist 62: Senate will calm passions of lower house.

Presiding Officer

Source: http://cnx.org/resources/e9c6d9f6a9198c139704d671882119343cb6eeec/OSC_AmGov_13_02_Structure.jpg

Executive Power: Article II Power to Convene Congress Formally Address Congress/Nation: State of the Union Commander and Chief Propose Budget Nominate Supreme Court Justices Power to Persuade (Go Public) Executive Privilege Veto Power Legislative Power: Article I Power to Tax Impeach (subpoena) Declare War Coin and borrow money Necessary and proper clause (elastic clause)

Executive Power: Article II Power to Convene Congress Formally Address Congress/Nation: State of the Union Commander and Chief Propose Budget Nominate Supreme Court Justices Power to Persuade (Go Public) Executive Privilege Veto Power Legislative Power: Article I Power to Tax Impeach (subpoena) Declare War Coin and borrow money Necessary and proper clause (elastic clause)

Executive Power: Article II Power to Convene Congress Formally Address Congress/Nation: State of the Union Commander and Chief Propose Budget Nominate Supreme Court Justices Power to Persuade (Go Public) Executive Privilege Veto Power Legislative Power: Article I Power to Tax Impeach (subpoena) Declare War Coin and borrow money Necessary and proper clause (elastic clause)

Executive Power: Article II Power to Convene Congress Formally Address Congress/Nation: State of the Union Commander and Chief Propose Budget Nominate Supreme Court Justices Power to Persuade (Go Public) Executive Privilege Veto Power Legislative Power: Article I Power to Tax Impeach (subpoena) Declare War Coin and borrow money Necessary and proper clause (elastic clause)

Declare War Legislate Power to Tax Override Commander and Chief: “National Security.” Declare War Power to Persuade/State of the Union: “Going Public.” Legislate Budget Proposals Power to Tax Veto Power (Reg., “Pocket” no sign. after 10 days) Override (2/3 vote, each House)

Declare War Legislate Power to Tax Override Commander and Chief: “National Security.” Declare War Power to Persuade/State of the Union: “Going Public.” Legislate Budget Proposals Power to Tax Veto Power (Reg., “Pocket” no sign. after 10 days) Override (2/3 vote, each House)

House Procedure Majority (218 Votes) Details: - Required to end debate on legislation and nominations.

Filibuster/Cloture Vote Senate Procedure Filibuster/Cloture Vote Super Majority (3/5 (60) Votes) Details: - Required to end debate on legislation and nominations.

Filibuster/Cloture Vote Senate Procedure Filibuster/Cloture Vote Super Majority (2/3 (67) Votes) Details: Required to end debate on changes to Senate Rules.

Senate Procedure Nuclear Option Majority (51 Votes) Details: 2013: Cannot be used in Supreme Court nominations. 2017: Republican considering extending Rule to Supreme Court nominee Neil Gorsuch (confirm with 51 votes).

Senate Procedure Reconciliation Majority (51 Votes) Details: Can ONLY be used for legislation relating to budget issues (this was been interpreted creatively). Created by the Budget Act of 1974.

- Cannot be used to amend Senate Rules or in Supreme Court Senate Procedure Nuclear Option Majority (51 Votes) - Cannot be used to amend Senate Rules or in Supreme Court Reconciliation Majority (51 Votes) Debate limited to 20 Hours Amendments must be germane

American Health Care Act Senate Procedure Reconciliation and Repeal of Obamacare in 2017 Reconciliation Bills 2016 2017 American Health Care Act (AHCA) Tax Reform First Second Tax savings Good until October Details: Rep leadership had a Reconciliation opportunity left from 2016, and decided to use to repeal Obamacare. Reconciliation bills must be considered one a time.

GOP and 2016 Overlapping Congressional Origin: Changes in Leadership Time 2016 1970s 1970s 2016 Dem Reforms (Rules, Comms, Leadership Democratic Party Republican Party Left Center Right Ideology

House of Representatives Watergate Class Me-Too to Newt Rise of the Right Republican Revolution 1974-1980 1980-1990 1990-1994 1994-2006 Liberal Attack on southern wing of the Dem. Party Features: - Weaken Southern Dems by weakening Comm. Chairs a. Sub Committee Bill of Rights - Term limits - Empower more liberal leadership Rep. Right takes on strategy of me-tooism Features: Three part-strategy: 1. Oppose All Dems 2. Oppose Rep who work with Dems 3. Shutdown GOVT if necessary. 1980: Reps win majority in Senate (1980-1986) Confrontational Rep. strategy works: Features: - Newt and Con. Reps win a series of battles with Dem leaders in Congress. - Rep minority becomes more con., cohesive and influential within Congress. Republican Revolution: Features: -Reps took over Congress for the first time in 40 years. - Newt Gingrich becomes Speaker - Consolidates power in Speakers office, a process started with Dems in 1974.

House of Representatives Pelosi Period Repeal, Repeal, Repeal Repeal and Replace The Future? 2006-2010 2010-2014 2014-2016 Liberal Dems take over Congress attacking corruption. Features: Attacks by Rep. push Dems libs into leadership within Dem Conf. Opposition to Iraq War Pelosi first female Speaker in Congress Pass Obamacare Reps take back House by running against Obamacare (lose in Senate). Features: Strategy of “NO” Reps maintain a policy of uniform opposition to all things Obama. Rise of the Tea Party 2012: Obama reelected Reps Maintain by running against Obama/care Features: Reps add “repeal” to attack on Obamacare 2014: Reps win Senate 2016: Unified Rep GOVT (Congress and White House (Trump) Where do we go from here?

Political Spectrum: US Politics Left: Public Positive Liberty: Freedom to… Center: Public-Private Hybrid Right: Private Negative Liberty: Freedom Free… More Government Scale Less

Political Spectrum: US Politics Left: Public Positive Liberty: Freedom to… Center: Public-Private Hybrid Right: Private Negative Liberty: Freedom Free… More Government Scale Less

More Government Scale Less Type of Government the Framers wanted … FREEDOM FROM ... - Fiscal uncertainty - Irregular currencies - Trade wars among states - From attacks on creditors - From popular insurrection (pre Revolutionary land disputes, Shays Rebellion) More Government Scale Less Left: Public Positive Liberty: Freedom to… Civil Rights Center: Public-Private Hybrid Right: Private Negative Liberty: Freedom Free… Civil Liberties

Political Spectrum: US Politics LEFT LIBERAL RIGHT Left: Public Positive Liberty: Freedom to… Center: Public-Private Hybrid Right: Private Negative Liberty: Freedom Free… More Government Scale Less

Political Spectrum: US Politics Dem: 1992- Rep: 1980- LEFT LIBERAL RIGHT Left: Public Positive Liberty: Freedom to… Center: Public-Private Hybrid Right: Private Negative Liberty: Freedom Free… More Government Scale Less

Political Spectrum: US Politics: Taxes Dem: 1992- Rep: 1980- LEFT LIBERAL RIGHT Left: Public Positive Liberty: Freedom to… Center: Public-Private Hybrid Right: Private Negative Liberty: Freedom Free… More (Taxes) Government Scale Less (Taxes)

Political Spectrum: US Politics Public Democratic Party Private Left: Public Positive. Liberty: Freedom To… Right: Private Negative Liberty: Freedom Free… Center: Public-Private Hybrid More Government Scale Less

Political Spectrum: US Politics Public Republican Party Private Left: Public Positive. Liberty: Freedom To… Right: Private Negative Liberty: Freedom Free… Center: Public-Private Hybrid More Government Scale Less

US Politics: Health Care Reform Public Democratic Party Private Single Payer Public Option Private Insurance Left: Public Positive. Liberty: Freedom To… Right: Private Negative Liberty: Freedom Free… Center: Public-Private Hybrid More Government Scale Less

US Politics: Health Care Reform How often did the New York Times refer to differing health care policy options? (March 2010) 13 21 16 Single Payer Public Option Private Insurance Left: Public Positive. Liberty: Freedom To… Right: Private Negative Liberty: Freedom Free… Center: Public-Private Hybrid More Government Scale Less

US Politics: Health Care Reform How often did the New York Times refer to differing health care policy options? (April 2009- April 2010) 104 357 223 Single Payer Public Option Private Ins/Health C Left: Public Positive. Liberty: Freedom To… Right: Private Negative Liberty: Freedom Free… Center: Public-Private Hybrid More Government Scale Less

Politics, Power and the Media

US Politics: Social Security Privatization Public Republican Party Private Public Social Security Private Investment Left: Public Positive. Liberty: Freedom To… Right: Private Negative Liberty: Freedom Free… Center: Public-Private Hybrid More Government Scale Less

Factions Liberty Minority Faction Religion Opinion Unequal Property Causes Effects Solutions Liberty Minority Faction Religion Opinion Unequal Property Majority Faction (mob rule?) - Rep Govt: Outvote min faction Factions …majority or minority of the whole, who are united and actuated by some common impulse or passion or of interest, adverse to the rights of other citizens… - Large Republic - Rep Govt: Delegations - Sep. of Powers Remove Causes? “destroying liberty to prevent faction would be a remedy worse than the disease.”