Institutions of American Government Module 4.1: Congress Section 8: The Legislative Process Revisited

Lesson Objectives Describe in detail the Legislative Process Predict the probability a bill will pass a chamber based on its committee report Develop a plan to ensure passage of a legislative proposal in the US Congress

What does the Constitution Say? Article 1 Section 7 All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States If he approve he shall sign it But if not he shall return it with his objections to that house in which it shall have originated Who shall enter the Objections at large on their Journal And proceed to reconsider it If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house By which it shall likewise be reconsidered, and if approved by two thirds that house, it shall become a law. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall be presented to him, the Same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

Bill reconsidered in Senate Bill introduced in Senate OK, what does it mean? And that’s the simple explanation! Bill reconsidered in HR Bill introduced in HR Bill reconsidered in Senate Bill introduced in Senate No Vote 50%+1 Yes? Vote 2/3 Yes? Reconsidered by other House? Vote 50%+1 Yes? Vote 2/3 Yes? Passed other House? Yes Yes Debate Debate No Yes Yes No Bill Presented to PotUS Dead Bill Dead Bill Action? No 10 days No Yes Veto: Returned with Objections To Originating House Congress in Session? No Approval? Yes Yes PotUS Signs Law

Question #2 In order to become a law, a bill must be approved by both houses signed by the President approved by the Supreme Court both a and b

Question #3 Appropriations bills must be introduced in the Senate in the House of Representatives in both houses simultaneously through the initiative power

What makes it Worse? Article 1 Section 7 Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States Implications Both Houses of Congress may amend bills, but Both Houses of Congress must pass Identical bills

Markup Periods Two kinds of markup Committee markup Nearly every bill goes through committee markup Floor markup “Regular” bills go through floor markup “privileged” bills cannot be amended Bills under reconsideration after a veto Commemorative and congratulatory resolutions Other bills recommended by Rules committee or Floor leaders Markup periods slow down the legislative process Markup periods generally result in two different versions of a legislative proposal House version Senate version Article 1 section 7 requires the House and Senate to pass identical bills. House and Senate versions of a bill must be reconciled Reconciliation results in a new “compromise” bill

Question #4 What is a markup period? A markup period is a timeframe within which interest groups may propose changes to a bill A markup period is a timeframe within which committee members seek public comment on a proposal A markup period is a timeframe within which members of a legislative body may propose changes to a bill A markup period is a timeframe within which members of a legislative body attempt to override a veto

Question #5 What is distinct about privileged bills? Privileged bills must be considered ahead of other bills on the legislative calendar Privileged bills must be voted on before any other bill can be debated Privileged bills are those favored by the floor leadership Privileged bills cannot be amended

The Process in the House Introduction Rules Committee Influence Referral to Standing Committee By House Speaker Rules Committee Influence Referral to Sub Committees Committee Staff Influence Committee Markup Period Committee Staff Influence Committee Report Includes recommendations to the Floor Pass with Amendment Do not Pass Pass

Question #6 In the House of Representatives the discharge petition is used to force the Speaker to take action on a bill. Prevent the president from using the pocket veto To force a bill from committee consideration Delay action on a bill that has the support of the majority

Question #7 What is included with every committee report? a recommendation to the floor, either to pass, not pass, or pass with amendment a statement of the bill’s legislative intent a summary of the major provisions of the bill all of the above

After the Report in the House Committee Report Includes recommendations to the Floor Referral to Rules Committee By House Speaker Adopt Rules? Rules Committee Report Includes recommendations to the Floor Scheduling Set Time limits Amendment period Rules Committee recommendations implemented Yes No Floor Markup Period? Yes Allow amendments from floor according to adopted rules No Vote: Amendments first Amended bill last Debate according to adopted rules

The Process in the Senate Introduction Majority Leader Influence Referral to Standing Committee President pro tempore Majority Leader Influence Referral to Sub Committees Committee Staff Influence Committee Markup Period Committee Staff Influence Committee Report Includes recommendations to the Floor Pass with Amendment Do not Pass Pass

After the Report in the Senate Committee Report Includes recommendations to the Floor Action by Floor Leaders Majority & Minority Scheduling Terms of Debate Amendment period Floor Markup Period? Yes Amendments from floor accepted by floor leaders No Vote: Amendments first Amended bill last Floor Debate Senatorial privilege of unlimited Debate

Question #8 Which of the following best describes cloture? The use of the privilege of unlimited debate in the Senate to block further action on a bill, resolution or confirmation The use of the privilege of unlimited debate in the House to block further action on a bill, resolution or confirmation The suspension of privilege of unlimited debate in the Senate to force action on a bill, resolution or confirmation The suspension of privilege of unlimited debate in the House to force action on a bill, resolution or confirmation

Bill introduced in Senate Majority Leader Appoints Passing the Bill Bill introduced in HR Bill introduced in Senate Conference Committee Referral by Speaker Speaker Appoints House members to Referral by Pres. pro tem Committee Markup Committee Markup Reconcile Differences? Conference Committee Report Committee Report Compromise legislation (Privileged bill) Conference Committee Report Committee Report Majority Leader Appoints Senate members to Majority & Minority Floor Leader Rules Committee No Yes Dead Bill Markup & Debate Debate No Amendments allowed Debate No Amendments allowed Markup & Debate Vote Vote House Version Senate Version Bill Presented to PotUS

Question #9 Before a bill passes to the floor for debate, what must happen? The standing committee considering the bill must deliver a report on it to the full chamber The standing committee considering the bill must deliver a report on it to the full chamber with recommended action The standing committee considering the bill must issue a recommendation to the full chamber The standing committee considering the bill must deliver a report to the presiding officer

Question #10 The typical order in which a floor vote occurs for a legislative proposal is First, the original bill; then amendments to the bill First, amendments to the bill; then the amended bill First, the original bill, then amendments; finally, the amended bill First, individual amendments to the bill, then the original bill; finally the slate of amendments to the bill

Activity Answer one of the following questions: You are a freshman House member from the majority party. You sponsor a bill that has strong support among your constituents, but only a dozen co-sponsors. The Speaker, the floor leader and the principal whip are not on the list. It is referred to a committee that you do not sit on. How do you get it out of that committee and onto the floor for debate? You are the chair of the Senate Finance Committee and up for re-election. The House has just passed a version of a well-publicized spending bill that you do not support. It has been referred to your committee in the Senate as well as to the Ways and Means Committee. The Ways and Means Chair supports the bill, as do your constituents. How do you make sure the bill fails, but still manage to keep your seat?