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. 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

13. 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…)

14. 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)

15. 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

16. 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

17. 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)

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).
- To Impeach
Commander in Chief
Veto
Head diplomat
Nominates Supreme Court Justices
Executive Privilege?
-Judicial Review
-Life Time Appointment
Nat. Sec.
Nat. Sec.

19. 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)

20. 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)

21. 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)

22. 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)

23. 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)

24. 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)

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

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

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

28. 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).

29. 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.

30. - 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

31. 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.