How a bill becomes a law Bill must be introduced by a member of Congress Bill is referred to a committee for consideration (amendments, thrown out or pigeonholed)

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Presentation transcript:

How a bill becomes a law Bill must be introduced by a member of Congress Bill is referred to a committee for consideration (amendments, thrown out or pigeonholed) May be referred to multiple committees (multiple referral) or parts (sequential referral) Revenue bills (tax reforms) must originate in the House Most bills die in committee Full House or Senate may use discharge petition to get a bill out of committee (218 mem) Some sent to subcommittee to hold hearings (individuals, interest groups, Congressional members speak for/against  inform, public support) After hearings and mark-up sessions, the committee reports a bill out to the House or Senate Bill must be placed on a calendar to come for a vote before either House House Rules Committee sets the rules for consideration (open vs. closed debate, time limits set in House)

How a Bill becomes a law (Contd) Senate has unlimited debate filibuster – unlimited debate, used to eliminate a bill; more commonly used today due to double tracking – disputed bill is shelved and business continues Filibuster may be ended by a cloture – vote to end debate, 60 senators needed (supermajority) Longest filibusters: Strom Thurmond (24 hours continuously), team of senators- 57 days for Civil Rights Act of 1964 Bills are debated on the floor of the House or Senate Quorum required – minimum number of members present in House to conduct business (100 members for the Committee of the Whole which is led by a comm. Chairmen and is debated by members and amended; 218 for House to vote) Open v. closed in House Amendments must be germane (relevant) to bill in House Riders – provisions attached to a bill that is not germane to the bill’s purpose in order to get a legislator’s “pet project” passed  many riders on a bill = “Christmas tree bill” – allowed in Senate

How a Bill becomes a law (Contd) If there are major differences in the bill as passed by the House and Senate, a conference committee is appointed  compromise bill reworked and rewritten then a revote Then bill goes to the president The president may sign it, let it sit or veto it (president’s check) Pocket veto – bill given to President 10 days before end of Congress session that he does not act on If the president vetoes it, it returns to house of origin Both houses must support the bill, with a two-thirds vote, in order to override the president’s veto If a bill does not go through entire process within life of 2 year Congress, must be reintroduced completely next Congress

Founders made the process long, cautious, and deliberate so that many people could consider and approve of a change -efficiency and haste is the hallmark to oppressive government

Methods of voting Voice vote standing (division ) vote Teller vote Shout “yea” or “nay” standing (division ) vote Members stand to be counted Teller vote Members file past the clerk, first the “yeas” and then the “nays” Roll-call vote Call members names to vote, recorded Electronic vote Roll call vote that permits members to insert plastic card into slot (House), recorded Vote appears on a “score board” marquee

Resolutions Congress also passes 3 types of resolutions: Simple Resolution Either House or Senate Establishes rules, regulations or practices Does not have force of law, not signed by president Ex. Setting a rule, congratulating someone Concurrent Resolution Comes from both houses Settles housekeeping and procedural matters affecting both Houses Not signed by president, no force of law Joint Resolution Requires approval of both houses, signed by president Force of law Passed when Congress react to an important issue that needs immediate attention Ex. After 9/11 attacks, joint resolution condemning attacks and allowing Bush to take preliminary military action

Criticisms of Congress Pork barrel legislation and Earmarks Bills that give benefits to constituents (local bridges and highways) in hope of gaining votes rather than welfare of entire nation Federal money being wasted? 2005 Consolidated Appropriations Act – funded 11,000 projects (hall of fames, theme parks) Logrolling Members of Congress support another member’s pet projects in return for support of his or her own project, esp. pork barrel “You scratch my back, I’ll scratch yours” Non germane riders/amendments added to bills = Christmas Tree Bill Abusing franking privilege Special interest group influences Inefficiency – Gridlock Term limits needed? Members become unresponsive to their constituents but expertise needed?

Congressional Caucuses Caucus: informal groupings of members of Congress sharing the same interests of point of view created to advocate a political ideology or a regional or economic interest Goal: to shape agenda of Congress by elevating their issue Functions: press for committees to hold hearings and organize votes on bill in their favor Intra-party caucuses: members share a similar ideology (Democratic study group) Personal interest caucuses: members share a common interest in an issue (environment, arts) Constituency caucuses: established to represent groups (race and gender), regions or both (Congressional Black Caucus, Vietnam Veterans, Congressional Women’s caucus)

Congressional Staff Growth of staff from 1930-2000 Constituency service is a major task of members’ staff, many control local offices Legislative functions of professional staff include devising proposals, negotiating agreements, organizing hearings, and meeting with lobbyists and administrators, scheduling member’s time, dealing with media Members’ staff consider themselves advocates of their employers # of staffers have increased drastically over years (over 30,000 staffers; Senators average 30; House = 15)