AP NSL Congress Overview & Bills to Law
description
Transcript of AP NSL Congress Overview & Bills to Law
AP NSL Congress Overview & Bills to Law
COMMITTEES
• The real work of Congress occurs here‐ divides up the work on bills.
THREE KINDS
• Standing: (most important) permanent bodies with specified legislative responsibilities
• Select: appointed for limited purpose and lasting only a few Congresses
• Joint: both representatives and senators serve; created conference committee for revision
of different legislation or to attack specific national problems.
• Republican majority had reduced number of committees in both houses
• Most power given to Committee Chair. They are ALWAYS from the majority party and
usually have served the longest tenure on that committee.
• Their minority counterpart is called the ranking minority member.
STAFF AGENCIES
• Congressional Research Service: responds to congressional requests for info; neutral
political body, therefore will not recommend policy, but will report facts and indicate
arguments for/against policies. Keeps status tracks of major bills.
• General Accounting Office: financially audits money spent by executive depts, agencies and
policies, makes recommendation on several gov. aspects.
• Congressional Budget Office: advises Congress on likely economic effects of different
spending programs and prepares costs of proposed policies. Prepares analysis of prez’s
budget and eco projections.
TYPES OF RESOLUTIONS
• Simple resolution‐ passed by one house and affects that house, not signed by the president;
does not have the force of law. Usually procedural in nature.
• Concurrent resolution‐ passed by both houses and affects both, not signed by the president
and does not have the force of law.
• Joint resolution‐ essentially a law. Passed by both houses and signed by the president.
• If used to propose a constitutional amendment, 2/3 vote required in both houses but the
president’s signature is unnecessary.
HOW A BILL BECOMES A LAW
BILL LAW cont.
• “Mark up” occurs in committees and/or subcommittees but these changes are not final until
they are approved by the House or the Senate.
• A bill only moves forward if a majority of the committee votes to report it out to the House or
Senate. Attached to the bill are the committee’s opinions of the bill (including dissenting
opinions, if any)
• Most bills usually die in committees and/or subcommittees (OVER 90%)
• In the House, a discharge petition can be filed to remove a bill from committee and put it
directly out onto the floor, but it is rarely used
• In the Senate, a bill can be discharged from committee session when a member moves to have
the bill come directly before the Senate. However, discharge is rarely used because almost any
proposal can get to the floor as an amendment to another bill.
• Both houses set calendars to hear and vote on bills
• In the House, the Rules Committee reviews most bills and decides how they will be heard
• Closed rule means that a bill has a strict time limit on debate and that no amendments can be
offered unless they come from the sponsoring committee.
• Open rule permits any amendments to a bill from the floor
• A rider is a provision added to a piece of legislation that does not pertain to the bill’s purpose. It
has the ability to strongly persuade the president to vote one way or the other based on the
extent of the rider. It also allows legislators to attach to the bill any pet project that they wish to
get passed.
• A Christmas tree bill is a bill that has a lot of riders attached. (Riders only permitted in Senate).
• Bills in the Senate may be considered in any order at any time that the majority of the Senate
chooses while the House sticks to a very tight hearing schedule that does not allow any
individual complaints to be heard.
FLOOR DEBATE IN HOUSE
• Floor debate in the House on revenue bills and most other bills is discussed by the “Committee
of the Whole” which is a 100 member quorum encompassing whoever happens to be on the
floor at that time.
• The Committee of the Whole debates, amends, and decides the final wording of the bill but
must send it back to the House to vote on it.
• In the Committee of the Whole, the sponsoring committee guides the discussion and allots time
equally between proponents and opponents and limits speaking time. Only germane
amendments are permitted if rule allows but riders are never permitted.
• A quorum call is a delay tactic used to postpone action on a bill by roll calling to see if the
minimum number of members is present. If there are missing members, the House must
adjourn or send someone to find the missing members.
FLOOR DEBATE IN SENATE
• In the Senate, there are no time limits for debating a bill, an amendment can be offered at any
time, and senators need not address anything relevant to the bill if they wish.
• Riders can be used and amendments do not need to pertain to the bill
• A cloture motion can end a Senate filibuster if 16 Senators sign a petition for cloture and 3/5
(60) of the Senate vote yes on the petition. If it passes, each Senator is limited to one hour of
debate on a bill
• Filibusters and cloture votes has become more popular recently.
• Double‐tracking has allowed to Senate to continue with normal business during a filibuster by
temporarily shelving the bill. This also allows the Senators filibustering a bill to rest and take a
break, which makes it easier to filibuster.
METHODS: VOTING ON BILLS
• Voice vote: members shout yea or nay; division (standing) vote: members stand and are
counted; in both of these votes, names are not recorded.
• Teller vote: members line up in yea lines and nay lines and record their votes with a teller.
Names are only recorded at the request of 20 members.
• Roll‐call vote: now done electronically, records the vote of each name; can be done at the
request of 1/5 of the representatives present in House.
• The Senate does not use a teller vote nor electronic counters
• If a bill passes in the House and Senate in different versions, the differences must be ironed out.
Minor differences are concluded by the last house to act on the bill sending the bill back to
other house, which accepts the alterations.
• If the differences are major, a conference committee between the two houses is held. Members
of the committee are picked up the chairmen of the committees that handled the bill in the
House and the Senate. There are usually between 3‐15 members. Debate in conference
committees is very arduous and can either be open or closed to the public. Often the legislation
is changed substantially.
• Most conference committees usually favor the Senate version of the bill. After a decision is
reached, the houses can either accept or reject the report. In most cases, it is accepted and sent
to the president for signature. If the president vetoes, the bill returns to the house of origin.
Both houses can override the veto is 2/3 of each house approve.
• There are 435 voting representatives in the House. If all these representatives voted, it would
take 2/3rds of 435 = 290 votes to override a veto. In the Senate, it also takes a 2/3rds of 100
members = 67 votes to override a veto. (But if only 90 actually voted, then it would take only
2/3 of 90 = 60 votes to override). Assuming all members turn out to vote, 290 (House) + 67
(Senate) = 357 total votes are required to override a presidential veto.
REDUCING POWER AND PERKS
• Many congressional would‐be reformers claim that legislators overuse “pork‐barrel legislation”,
which are bills that give tangible benefits to a group of constituents in order to win votes, but
that legislators are very slow to pass meaningful legislation regarding national policy.
• The franking privilege, or free postage, is the most treasured perk of congressional incumbents
because they can send out campaign literature for free.
• Many reformers do not agree with the franking privilege or wish to prohibit it because it comes
directly from taxpayers.
• In the past, Congress has exempted itself from the laws it passed, claiming it would “violate the
separation of powers”. In response to public criticism of this practice, in 1995, Congress passed
a bill that requires Congress to obey eleven important laws governing things such as civil rights,
occupational safety, and fair labor standards, and family leave.
• Reformers claim that pork‐barrel legislation (“bring home the bacon”) is a misallocation of tax
dollars because it supports trivial social projects for reelection prospects.
• Truthfully, not all pork is bad because many congressional districts get benefits that are long
overdue to them. Additionally, spending on pork legislation is only a small fraction of what is
spent on entitlement programs.
• A citizen‐oriented Congress= a pork‐barrel oriented Congress.
ETHICS AND CONGRESS
• Some argue that the separation of powers has fostered corruption rather than prevented it like
the Framers hoped it would because with power placed in the hands of many, there are many
opportunities to exercise influence and to satisfy favor seekers.
• Some rules on ethics in the Senate and House: Senators and Congressmen may not receive gifts
from totaling more than $100, or accept any contributions or gifts from lobbyists. A Senator’s
outside income may not exceed 15% of a senator’s salary. House members may travel at the
expense of others if it relates to business. Ex‐Senators and Ex‐House members may not try to
influence members of Congress for one year after leaving office.
SETTING THE AGENDA
• The political agenda involves what to make policy about
• At any given time, certain shared beliefs determine what is legitimate for the government to do.
This legitimacy is affected by shared political values, the impact of custom and tradition, the
impact of events such as wars and depressions, and changes in the way political elites think and
talk about politics.
LEGIT SCOPE OF GOV ACTION
• Changes in attitude and the impact of events tend to increase the scope of legitimate
government action. The expansion of government has been a nonpartisan process.
• During wartime (or after a terrorist attack), the people authorize the government to do
whatever is necessary to win. During a depression, the people also expect the government to do
something.
• Sometimes, the government enlarges its agenda of policy issues without any crisis or
widespread public demand, even when conditions at which a policy is directed are improving
(i.e.‐programs to combat urban poverty were adopted in the mid‐1960s when the number of
people (black and white) living below the poverty line was declining).
• Many policies are the result of small groups of people enlarging the scope of government
through their demands. Sometimes they are organized groups like corporation or unions and
other times they are unorganized groups like urban minorities.
• De Tocqueville observed that citizens are most restless when they have started to become
better off (“relative deprivation”).
• On occasion, a group will express its dissatisfaction violently (i.e‐ the black riots in American
cities in the mid 1960s).
• The courts, the bureaucracy, and the Senate have become particularly important in setting the
agenda.
• The courts make decisions that force action by the other branches of government; they set off a
chain reaction that alters the political agenda (Brown v Board of Education).
• The courts are the preferred vehicles for the advocates of unpopular cases where there is no
majority.
• The bureaucracy is so large and includes so many experts that it has become a source of policy
proposals as well as an implementer of those proposals that become a law.
• The fact that the Senate has become a source for political change can be seen in the fact that
many senators are tempted to run for president and raise new issues to the public.
HOUSE
• 435 members that serve 2 year terms
• Can only one major committee assignment (policy specialists)
• Speaker’s referral of bills to committee is hard to challenge
• Committees almost always consider legislation first
• Scheduling and rules are controlled by the majority party
• Rules Committee is powerful; controls time of debate, admissibility of amendments
• Debate is usually limited to one hour
• No germane amendments may not be introduced from the floor
• Revenue bills must start here.
• Decides President if no winner in Electoral College.
SENATE
• 100 members that serve 6 year terms (staggered terms)
• Can sit on 2 or more committees (policy generalists)
• Referral decisions are easy to challenge
• Committee consideration is easily bypassed
• Scheduling and rules are generally agreed to by majority and minority leaders
• Rules Committee is weak; few limits on debate or amendments
• Debate is unlimited unless shortened by unanimous consent or by invoking cloture
• No germane amendments may be introduced. (Riders)
• Choose VP if no winner in e college.
• Do members represent their voters?
• Representational view (delegate)‐ members vote to please their constituents in order to secure
re‐election.
• Organizational view‐ where members take cues from their party on how to vote.
• Attitudinal view (trustee)‐ the member’s ideology determines his/her vote.