1. Comparing the legislative branches
UK vs USA

2. Learning Intentions
To compare the UK legislative branch to the USA. Noting its differences
Success
criteria
I can take notes on differences between the UK and USA legislative branch

3. In your notepad draw a table titled
“Comparisons between the UK & USA legislative branches”
You will need a few pages to do this, leave your margin empty as this is where you will annotate notes at the side to ensure you understand what each comparison is specifically giving details about
for example: Party discipline
USA LEGISLATIVE BRANCH
UK LEGISLATIVE BRANCH

4. The legislative function in the US Congress and UK Parliament
Remember-Once the bill passes the committee stage it enters the timetabling stage. If a bill passes in one house and not the other, the bill will die here before the second reading. Upon the 2nd reading the bill will be debated and where allowed amendments will be made.
Remember the 2nd reading is where the government Minister of MP responsible for that bill will read the bill for the second time before the House.
A vote is taken on the general outlines of the bill before being sent to committee.
The legislative function in the US Congress and UK Parliament
A government programme of legislation exists – announced every year in the Queen’s Speech (Official Opening of Parliament)
The level of party discipline is high – whip system!
A limited number of bills are introduced in any session
Most of these bills are passed into law (as they originate from the government) PMB’s are less likely to be passed as they are given less time in the House
The committee stage comes after the second reading
No government programme of legislation exists
The level of party discipline is low – Republicans turning on each other during Trump era
Thousands of bills are introduced in any one session.
Few of these bills are passed into law- on average around 5%
The committee stage comes before the second reading

5. The legislative function in the US Congress and UK Parliament
Standing committees are permanent and policy specialist
Bills are usually considered by both houses concurrently
The two chambers have equal power
The president has the significant power of veto over laws
Standing committees are non permanent and non-specialist
Bills are considered by both houses consecutively
The lower chamber (HoC) dominates
Royal assent is a formality and is not withheld – The Queen will not refuse to sign bills.

6. Programmes of government legislation
All legislation introduced by individual members of Congress
Few opportunities for individual MP’s to introduce their own bills- private member bills.
Government control the legislative agenda (government majority likely)

7. Party Discipline Most votes are party line…Government v Opposition
Votes are much more coalition building within congress- getting enough Democrats and Republicans to support things
Esp important in senate when threat of filibuster/tied vote split. (broken by the Vice President)
Most votes are party line…Government v Opposition
Very rare for MP’s to oppose their own parties (power of whips)
Filibuster- Obstructive tactic used in the US Senate to prevent a measure from being brought to a vote.

8. Number of bills No control of legislative agenda
Importance on committees deciding what to prioritise or “pigeon hole” – if a committee side-lines a bill it is basically dead.
Importance of rules committee (13 members) deciding what to timetable to present to the chamber
Legislative agenda controlled by government due to their control of parliament
Any legislation to be spoken about will be determined by the party with the most seats that form government.

9. Legislative process
Standing committees chairpersons can block bills that they don’t like
Standing committees have full power of amendment.
Remember they do most of the debating, legislating and actual work of Congress due to the thousands of bills that can pass through per congressional session.
President can block any legislation by vetoing it –Clinton vetoed 36 laws
But congress can override with 2/3 majority (although this is an uncommon occurrence)- 290/435 votes
Limited role for standing committees- now known as general committees. These are set up upon the proposal of new bills- controlled by whips. The government will have majority in these committees.
Government effectively controls amendments by using its majority to vote down amendments it does not like.
Monarch does not block legislations (last time was in 1707!)

10. Parliament legitimises legislation
Conclusions
Legislation is passed by Congress
Legislation is the administration’s (executive’s) wish list
Remember the executive will hold majority in Congress making it easier to influence the legislative agenda or have numerous members of Congress champion a bill they wish to introduce.
State of the union…every January President asks congress to implement particular laws-
Congress legislates
Legislation passes through parliament
Legislation is the government’s shopping list
Remember the PM sets Cabinet agenda and chairs Cabinet meetings. This informs the work of government departments which has a direct impact on legislative processes at Parliament.
Queens speech…my government will…
Parliament legitimises legislation

11. Ways the USA & UK legislative branches can scrutinise the executive

12. Scrutiny - holding the executive to account
Impeachment
Standing committees
Select committees (investigative role rather than legislative).
Confirmation of appointments (Senate)
Ratification of treaties (Senate)- 2/3rds vote- 67.
Intense media scrutiny
Vote of no confidence in the government- this is very uncommon due to strict party discipline
Question time (and written questions)
Debates
Select committees
House of Commons Select Committees are largely concerned with examining the work of government departments/dealing with allegations of misconduct.
Committees in the House of Lords concentrate on six main areas: Europe, science, economics, communications, the UK constitution and international relations.

13. Scrutiny of appointments
Parliament has no control over the Prime Minister’s “power of patronage” – choosing of the cabinet
Parliament has no power once treaties are signed by government
Senate has power to confirm (or reject) all presidential senior appointments – Obama’s 2nd pick for Supreme Court was never confirmed.
Senate has to ratify all treaties signed by the President

14. Scrutiny of workings of government
Various opportunities for MPs to question government ministers but none are particularly effective (PMQTs is a political show, no real outcome)
Congress has real power to examine and investigate. This is usually delegated to congressional committees. They force officials to appear before it or provide information

15. Scrutiny of work of committees
Standing committees both legislate and scrutinise
Well staffed, well funded, powerful
Hold hearings, carry out investigations, force witnesses to attend or documents to be handed over
Standing committees only deal with legislation and don’t have much influence over this
Select committees scrutinise government
Hold hearings but cannot force government to release information or subpoena ministers to appear