CHAPTER 6: THE LEGISLATURE Text: Cubbage et al., 1992

 Chapters 6-11: participants in policy process  Official policymakers – with authority  Unofficial – SIGs, media  Decision-making model & players  people perceive problems or issues  problems brought to attention of elected officials  laws enacted by legislatures  laws implemented by administrative agencies  disputes over laws resolved by judicial system CHAPTER 6: THE LEGISLATURE

1. Enact Legislation: Constitutional Authority: Articles I, VII, VIII) Why enact laws: 1. to protect state; to benefit general public 2. for public health and safety objectives 3. to promote free market competition 4. to protect people from discrimination or crime LEGISLATIVE POWERS:

2. Raise & allocate funds: Raise revenue: - source of gov’t revenues: taxes - fed agencies: congressional appropriations - Knutson-Vanderberg Act of payments in lieu of taxes - state’s sources of $ Appropriating expenditures: - Authorization (first), then Appropriation Developing budgets - Table 6-1 (Budget timetable) LEGISLATIVE POWERS:

Examples of laws with $funding  McIntire Stennis Act of 1962 – for forestry research  Federal Aid in Fish Restoration Act (1950) or Dingell-Johnson Sport Fish Restoration Act (with Wallop-Breauz funds) – cooperate with state fish and game departments in “fish restoration and management projects”, funded by an excise tax on fishing equipment.  Federal Aid in Wildlife Restoration Act (1937), or Pitman- Robertson Wildlife Restoration Act – cooperate with state fish & game departments “in wildlife restoration projects”, funded by an excise tax on sales of arms & ammunition  Land and Water Conservation Fund Act of 1965 – US Army COE to develop & maintain outdoor recreation facilities at water resource development projects, funded by proceeds from sale of certain surplus property, motorboat fuels tax and appropriated funds.  Migratory Bird Hunting Stamp Act (1934) or Duck Stamp Act – proceeds from annual stamp sales are deposited in migratory bird conservation fund to acquire wetlands & pothole areas & other lands suitable for migratory bird refuges.

3. Oversight: the power of review Limitations to Congressional power of review: 1. Constitution - Prohibits Congress from suspending right of habeas corpus or pass an ex post facto law - Bill of Rights (first 10 amendments) places significant limits on congressional authority 2. Judiciary – courts check legislative powers - can rule on the constitutionality of laws - influence policy by their interpretation of laws 3. Executive - can veto on a bill LEGISLATIVE POWERS:

 Figure 6-4: The Legislative Process (also in Packet)  Senator/rep/group of Congress members introduces a similar bill into Senate, House, or both.  Bill is referred to standing committee, which may refer it to subcommittees (esp. in House)  Subcommittee reviews bill, holds hearings, accept original/amend it, pass it back to full committee  Full committee reports bill out for floor action by entire House or by Senate. House bills go to Rules Committee which sets conditions for floor debate.  Each house may pass/defeat bill on the floor  roll call/voice vote is done to determine majority.  If House & Senate versions are not identical  conference committee is convened to resolve differences. LEGISLATIVE PROCESS

 Bicameral (House & Senate) –senator has 6-yr terms –representative has 2-yr term  No limits to terms for senators & reps  2 senators/state; representative  1/550,000  Most work (oversight, analysis, shaping of legislation) done by standing committees & subcommittees  Legislators assisted by personal & committee staff LEGISLATIVE ORGANIZATION

 4 Types of committees – Select – ad hoc, special assgts – Joint standing -recurring issues for both H&S – Conference - each bill, if different H & S versions – Standing - continuous LEGISLATIVE ORGANIZATION

 Functions of committees – Hearings – Actions  Some committees relating to natural resources – Agriculture (H, S) – Energy & Natural Resources (S), Interior & Insular Affairs (H) – Environmental & Public Works (S), Public Works & Transportation (H) – Labor & Human Services (S), Educ. & Labor (H), – Commerce, Science, & Transportation (S), Energy & Commerce (H) LEGISLATIVE ORGANIZATION

Individual Legislator: Influential factors: elections, interest groups, constituents, chief executive, bureaucracy, committees/party leadership, recommendations by trusted colleagues & constituents Issue selection – how do legislators choose issues to support? about 5000 bills introduced/year interest in important committees leadership in controversial issues LEGISLATIVE ORGANIZATION

Illustration: Pork Barrel and National Parks  Pork barrels projects: Congressional members get $ for these projects to the advantage of their own districts  before Reagan: National Parks Service (interdisciplinary panels) nominates new NPs for creation, Congress reviews and authorizes new sites & appropriates $ to run them.  Reagan --> new policy  don’t create anymore NPs (more parks means big federal government!)  Reagan disbanded NPS panel; no new NP for next 10 years  Result: NP designation left to Congress entirely!  Events that followed: congressional members asked for $ to develop areas (of national significance) in their district --> about 20 sites were created and funded, and some of these were of DUBIOUS national significance!  Results: created NPs of little merit; resource implications include less dollars for others already existing! LEGISLATIVE ORGANIZATION

Individual Legislator: Representative philosophy: Delegate or Trustee?  Delegates – follow course of action dictated by constituents  Trustees – follow course of action they think is right or just; exercise independent judgment; they seek to lead constituents, hoping constituents will agree with them  Who usually acts like “delegates”? --> first year legislators, those who are up for re-election  Who usually acts like “trustees”? --> those who are elected with wide popularity margins LEGISLATIVE ORGANIZATION