1. Legislative Process
Suffolk University

2. 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

3. 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

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

5. 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.

6. 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.

7. 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.

8. Source: Davidson and Oleszek, Chapter 8.

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

10. Separation of Powers

11. Committees: State Level

12. TR: Expanded GVT Taft: Limited GVT (Positive Liberty)
(Negative Liberty)
LBJ ( )
Nixon ( )
Ford ( )
Carter ( )
Reagan ( )
H.W. Bush ( )
Clinton ( )
W. Bush ( )
Obama ( )
Trump (2016-)

13. 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)

14. 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

15. 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…)

16. 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 (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)

17. 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

18. 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

19. 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)

20. 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.

21. 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)

22. 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)

23. Source: http://kbeckert. weebly

24. 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.

26. Presiding Officer

30. Source:

31. 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)

32. 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)

33. 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)

34. 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)

35. 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)

36. 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)

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

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

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

40. 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).

41. 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.

42. - 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

43. 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.

44. 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

45. House of Representatives
Watergate Class
Me-Too to Newt
Rise of the Right
Republican Revolution
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 ( )
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.

46. House of Representatives
Pelosi Period
Repeal, Repeal, Repeal
Repeal and Replace
The Future?
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?

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

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

49. 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

50. 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

51. 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

52. 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)

53. 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

54. 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

55. 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

56. 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

57. US Politics: Health Care Reform
How often did the New York Times refer to differing health care policy options? (April 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

58. Politics, Power and the Media

59. 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

60. 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.”