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THE LEGISLATIVE PROCESS How a Bill Becomes a Law.

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Presentation on theme: "THE LEGISLATIVE PROCESS How a Bill Becomes a Law."— Presentation transcript:

1 THE LEGISLATIVE PROCESS How a Bill Becomes a Law

2 How a Bill Becomes a Law (The House) Creating and introducing bills.  Most bills do not originate with members of Congress but in the executive branch, in special interest groups, or with private citizens.  All revenue-raising bills begin in the House; all other bills may be introduced in either chamber.

3 How a Bill Becomes a Law (The House) Types of Bills and Resolutions  Bills- These are proposed laws presented to Congress. Public bills apply to the entire nation; private bills pertain to certain persons or places.  Joint Resolutions- These deal with temporary or unusual matters, have the force of law, must be passed by both houses, and must be signed by the President.

4 How a Bill Becomes a Law (The House)  Concurrent Resolutions- These deal with common concerns of both houses, do not have the force of law, and do not require the President’s signature.  Resolutions- These deal with matters concerning either house alone, they usually are concerned with house rules and do not require the President’s signature.

5 How a Bill Becomes a Law (The House) The First Reading  The first reading of a bill consists of the assignment of a house number, a short title, and entry into the House Journal and the Congressional Record for the day.  The Speaker then refers the bill to the appropriate standing committee for consideration.

6 How a Bill Becomes a Law (The House) The Bill in Committee  Most committee work is done by sub-committees which investigate, debate, and recommend the fate of particular bills.  After subcommittees complete their work, the measure returns to the full committee.  The full committee may report the bill favorable to the full House.  The full committee may refuse to report the bill, or pigeonhole it.

7 How a Bill Becomes a Law (The House)  The full committee may report an amended bill.  The full committee may report the bill unfavorably.  The full committee may report an entirely new bill. Most bills die in committee!

8 How a Bill Becomes a Law (The House) Rules and Calendars  Before reaching the floor of the House, a bill must be placed on one of several calendars, or schedules, for deliberation.  In order to be debated on the floor, each bill must receive a rule, or approval for its appearance on the floor (unless the bill is privileged or the rules are suspended.)

9 How a Bill Becomes a Law (The House) The Bill on the Floor  Most important bills are considered in the Committee of the Whole.  Debate- strict rules limit the length of each individual’s debate.  Voting- A bill requires formal House vote on it and on various amendments that might be attached to it.  Voice votes are the most common.  A standing vote may be demanded if any member thinks the speaker has erred in judging a voice vote.  One-fifth of a quorum may demand a teller vote.  A roll-call vote may be demanding by one-fifth of the members.

10 How a Bill Becomes a Law (The House) Final Stages  An approved bill is engrossed, read a third time, voted on again, and signed by the Speaker.  A signed bill is then sent to the Senate president.

11 The Bill in the Senate and the Final Stages. Bills are introduced by senators, given a number and title, read twice, and referred to committee. Senate proceedings are less formal than those of the House, have only one calendar for bills, and are called to the floor by the majority floor leader.

12 The Bill in the Senate and the Final Stages. Floor debate is almost unlimited in the Senate. The Filibuster- The filibuster is a tactic used by a minority to “talk a bill to death” on the Senate floor. The Cloture Rule  This is the Senate’s check on the filibuster and limits debate, but requires a petition signed by at least 16 senators and approval by at least three-fifths (60 senators) of the full Senate.  Many senators hesitate to use the cloture rule for fear that it will limit free debate and it will undermine the effectiveness of the filibuster technique.

13 The Bill in the Senate and the Final Stages. If the House and Senate versions of a bill differ, a joint conference committee is appointed to achieve a compromise bill acceptable to both houses. Appointees are usually the senior, most powerful members of each committee and the compromises they reach are usually acceptable to both houses.

14 The Bill in the Senate and the Final Stages. The President Acts  A bill passed by both houses goes to the President for his action.  The president may sign the bill, veto it, allow the bill to become law by not signing it within ten days of receiving it, or pocket veto the bill by not acting on it before Congress adjourns.

15 How Congress Works ROLES AND LEADERSHIP IN CONGRESS

16 House Qualifications, Terms, and Salary Qualifications, Terms, Salary  25 years old  Must be a U.S. citizen for 7 years.  Terms are 2 years  There is not a term limit  Their salary is $174,000 plus generous retirement and health benefits.  There are 435 members  House members must reside in the state they serve.

17 Senate Qualifications, Terms, and Salary Must be at least 30 years old and a citizen for at least 9 years. They must reside in the state that they serve. There are 100 senators (two from each state). Salary 174,000 plus generous retirement and health benefits.

18 General Make-up of Congress Most have a background in law or business but other elite occupations like academia are well represented. Some prominent groups are underrepresented: African Americans make up 10% of Congress but 13% of the population. There are no African Americans in the Senate. Hispanic, Asian, and Native American are also underrepresented. Women are the most underrepresented group, comprising of more than half the population but only 17% of Congress. Most members of Congress are white, protestant, and male.

19 © EMC Publishing, LLC Leadership in the House In both houses of Congress, the party with the most members, the majority party, gets the top leadership posts. The Speaker of the House is the most powerful member of the House. The House Speaker leads debates, interprets rules, schedules proposed legislation, assigns proposed legislation to committees, and is in the line of succession to the presidency. The House majority and minority leaders work to carry out their party’s agenda and assist the Speaker.

20 © EMC Publishing, LLC House Leadership in the 110th Congress

21 © EMC Publishing, LLC Leadership in the Senate The U.S. vice president presides over the Senate. The vice president’s power is limited to voting in a tie. In the absence of the vice president, the president pro tempore presides. The president pro tempore is elected and is often the majority party’s most senior senator. The president pro tempore is in line for succession to the presidency after the Speaker of the House. As in the House, the majority and minority leaders are party officials and are the real leaders in the Senate. The Senate leaders are assisted by whips.

22 © EMC Publishing, LLC Senate Leadership in the 110th Congress

23 © EMC Publishing, LLC Leadership Power in the House At the turn of the 20th century, the House moved from a strong “boss rule” system to a seniority system In the seniority system, power was given to the most senior committee member. Until the 1970s, committee chairs were powerful because they could decide which matters were heard and which were ignored. From the 1970s to the present, power has shifted away from committee chairs, although they remain relatively powerful.

24 © EMC Publishing, LLC Leadership Power in the Senate Senate leaders have less control over members of the Senate than do leaders of the House over their members. Senate majority leaders can schedule legislation or even pull proposed legislation from consideration.

25 AMERICANS OF ALL AGES, ALL CONDITIONS, AND ALL DISPOSITIONS, CONSTANTLY FORM ASSOCIATIONS. THEY HAVE NOT ONLY COMMERCIAL AND MANUFACTURING COMPANIES…BUT ASSOCIATIONS OF A THOUSAND OTHER KINDS—RELIGIOUS, MORAL, SERIOUS, FUTILE, GENERAL OR RESTRICTED, ENORMOUS OR DIMINUTIVE.” (ALEXIS DE TOCQUEVILLE) Influence of lobbyist and special interest groups on the legislative process.

26 Function of lobbyists and interest groups An interest group is an organization of individuals who share a common political goal and unite for the purpose of influencing decisions about public policy. Interest groups often support policies involving the collective good.

27 © EMC Publishing, LLC How Are Interest Groups Formed? 1.Individuals identify a public problem, such as water pollution, overcrowded classrooms, or global warming. 2.Those individuals convince other people that they share the problem and share ownership in the solution. a.Overcome the problem of collective action b.Overcome the free rider problem 3.The people they convince come together and form an interest group.

28 © EMC Publishing, LLC What Do Interest Groups Do? Interest groups lobby—that is, persuade policy makers to support the positions of their members. Direct lobbying consists of direct interaction with decision makers in government. Indirect lobbying involves mobilizing members and the general public to contact government officials.

29 © EMC Publishing, LLC What Do Interest Groups Do? Lobby Directly Strategies for lobbying Congress:  Establish personal contact.  Hire professional lobbyists.  Give expert testimony.  Make campaign contributions.  Form coalitions.

30 © EMC Publishing, LLC What Do Interest Groups Do? Lobby Directly Strategies for lobbying the courts:  Challenge laws or administrative regulations through lawsuits.  File amicus curiae briefs.

31 © EMC Publishing, LLC What Do Interest Groups Do? Lobby Directly Strategies for lobbying the president:  Work with the Office of Public Liaison.  Establish personal connections with staff members.  Meet with the president or vice president. Strategies for lobbying the bureaucracy:  Find experts to work as lobbyists.  Establish connections with officials in regulating agencies.

32 © EMC Publishing, LLC What Do Interest Groups Do? Lobby Indirectly Goal: Put pressure on politicians to do as the interest group wants.  Methods: Educate the public. Mobilize the public. Conduct a social protest.

33 © EMC Publishing, LLC What Do Interest Groups Do? Provide Participation Opportunities Promote involvement beyond periodic elections. Offer social benefits for individuals. Organize social protest activities. Encourage communication with government officials.  Writing letters and/or e-mails  Sending faxes  Making phone calls

34 © EMC Publishing, LLC What Do Interest Groups Do? Educate Interest groups educate policy makers and the public thought:  Reports and testimony  Issue advocacy ads  Advertising

35 © EMC Publishing, LLC What Do Interest Groups Do? Influence Agendas and Public Policy Interest groups try to ensure that their issues become part of the country’s political agenda. Interest groups can supply alternative suggestions for dealing with issues. Once laws are enacted, interest groups monitor results.

36 © EMC Publishing, LLC Interest Group Resources Money  Pays for staff, lobbyists, and public relations firms  Facilitates campaign contributions Leadership Membership  Provides financing for interest groups and campaigns  Provides the power of large numbers for contacting government officials Information

37 © EMC Publishing, LLC Attempts at Lobbying Reform Lobbyists and lawmakers have tight relationships that benefit lawmakers. The ethics behind such relationships can be called into question. To address ethical questions, Congress has passed several reforms:  Lobbying Disclosure Act (1995)  Gift and travel restrictions (1995, 1999, and 2003)  Ethics reform bills (2007)


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