It is notoriously difficult to pass legislation in Congress – why is this so?

The success rate for bills being passed in Congress is only 3%!! Of 13,000 bills proposed in 109 th Congress only 395 became law In UK, 219 were introduced and 58 became law. Government bills of course pass without very little problem (due to Party control and Government majority) Government bills of course pass without very little problem (due to Party control and Government majority)

The reasons are that Congress is actually DESIGNED NOT TO WORK. The system of CHECKS AND BALANCES is such that the only way anything can be done is through a very rigorous set of COMPROMISES Between institutions Between institutions Between Parties Between Parties AND often Within Parties AND often Within Parties There are 7 factors that have been considered by Anthony Bennett as to why legislation is so difficult to pass:

There are a great deal of hurdles to overcome in the US system “It is stacked against the enactment of Law” In UK, there are 3 readings and a committee stage. The Committee stage comes after the 2 nd reading and is carried out by a non specialist and partisan committee Remember how much control the Government / party has in these areas. In the US the COMMITTEE STAGE is fundamental and comes BEFORE the Second reading It is carried out by a permanent and SPECIALIST Policy committee It is carried out by a permanent and SPECIALIST Policy committee They have life or death say over bills AND are deferred to by other members due to their status as Specialist.They have life or death say over bills AND are deferred to by other members due to their status as Specialist.

Any bill must have a MAJORITY in BOTH HOUSES Any bill must have a MAJORITY in BOTH HOUSES Any bill must have a MAJORITY of 3/5ths in the SENATE Any bill must have a MAJORITY of 3/5ths in the SENATE (To end a FILIBUSTER requires 60 members) (To end a FILIBUSTER requires 60 members) Any bill VETOED by the President must have a MAJORITY of Any bill VETOED by the President must have a MAJORITY of 2/3rds in BOTH HOUSES 2/3rds in BOTH HOUSES Supporters in this case have an uphill struggle. EXAMPLE: Clinton vetoed the LATE TERM ABORTION BAN BILL The House voted over 2/3rds to overrule the veto The House voted over 2/3rds to overrule the veto The Senate however were 3 votes short of the 2/3rds required The Senate however were 3 votes short of the 2/3rds required THEREFORE: despite the fact that the majority overall wanted the ban the President (and minority supporters) still won the dayTHEREFORE: despite the fact that the majority overall wanted the ban the President (and minority supporters) still won the day

The UK has only one real chamber to deal with when it comes to legislation. The Lords can only delay bills The US has a bicameral system where BOTH houses share equal power necessitating compromise and negotiation It also leads to the potential problem of DIVIDED GOVERNMENT & GRIDLOCK. BILLS MUST BE APPROVED BY THE STANDING COMMITTEES OF BOTH CHAMBERS

The separation of powers can lead to partisan chambers and often has done. This adds to complications. Although some may say it increases the scrutiny given to laws and appointments. During periods of divided government the House and Senate may be working towards different agendas and their committees chaired by people of very different ideologies. It can lead to GRIDLOCK in some circumstances

Again the separation of powers can lead to divided Government between President and Congress. This adds to complications. Between 1969 and 2001 for only 6 years did the President remain the same party as the Congress The use of the Presidential veto is greatest during a period of divided Government. (7 per year as opposed to an average of 2 per year) Divided government can cause a President a great deal of problems as Clinton found out. Clinton (Dem) wanted an increase in the minimum wage Congress (Rep) wanted cuts in Federal programmes!

A Presidential majority is no guarantee of success. Of Clintons 6 legislative proposals in 1993 only 2 were passed (even with majority’s in the House and Senate Most votes in Congress are BIPARTISAN – One group of Democrats AND Republicans voting against another group of Dems and Reps. Check the example of No Child Left Behind

Previously there was a set of key players called ‘ the Kings of the Hill’ -Speaker ; majority leader and Committee chairmen -Over time however power moved from very powerful committee chairmen to subcommittee chairmen. -The powerful FEW became the considerably less powerful MANY Piecing together coalions therefore is notoriously difficult now “LIKE SEWING BUTTONS ON TO CUSTARD”