Processes Of Congress



Processes Of Congress

I. How a Bill Becomes A Law

a. Bills travel at different speeds

i. Money bills or tax/regulations move slow

ii. Bills with a clear, appealing idea move fast

iii. Complexity of legislative process helps opponents

b. Introducing a bill

i. By member of Congress

ii. Congress initiates most legislation

1. Presidentially DRAFTED legislation is shaped by Congress

iii. Resolutions

1. simple – passed by one house affecting the house

2. concurrent – passed by both houses affecting both

3. joint

a. Essentially a law passed by both houses, signed by President

b. If used to propose constitutional amendment – two-thirds vote in both houses, president’s signature unnecessary

c. Role of Leadership

i. House/Senate – set agenda, decide which bills will come to floor

ii. Access to the Floor

1. Senate – ranking committee members influence allocation of time

2. House – Chair can “refuse to recognize”

a. BE NICE TO SPEAKER

d. Role of Committee

i. Referred to committee by Speaker or presiding officer

ii. Revenue bills must originate in the House

iii. Most die in committee

1. Multiple referrals – limited after 1995

iv. Mark-up bills are revised by committees

v. Committee reports a bill out to chamber

1. if not reported out, House can use “discharge petition” (discharge motion in Senate)

a. usually unsuccessful

vi. bill is placed on calendar

vii. House Rules Committee – sets rules for consideration (see handout)

1. can move to suspend rules

e. Floor Debate

i. House

1. Committee of the Whole – procedural device for expediting house consideration of bills (Cannot Pass bills)

a. Reduces Quorum to 100 (from 218)

2. Committee sponsor of bill organizes discussion

a. Lead supporter, opponent given time

i. Can dole out in small increments to anyone wishing to speak on bill

3. No real “surprises” – Speaker can choose to not recognize individuals (germaneness)

4. House usually passes sponsoring committees version of bill

ii. Senate

1. No rule limiting germaneness

2. Committee hearing process can be bypassed by a senator with a “rider”

3. Debate can only be limited by “cloture” vote (60 Senators)

a. Filibuster – unlimited debate, easier to stage now

b. Can be curtailed by “double-tracking”, shelving bill to continue on to other business

4. Roll Call votes replacing long speeches

f. Logrolling

i. Practice of using reciprocal agreements (usually through trading votes), to gain passage of a bill

ii. Unites parties that have nothing in common other than desire to exchange support (unlike bargaining)

g. Voting Procedures

i. House

1. voice vote

2. division (standing) vote

3. roll-call vote

4. teller vote

ii. Senate – same, no teller

iii. Differences in bills between houses

1. if minor, last house merely sends to other for acceptance

2. if major, conference committee appointed

a. 10-15% of bills

b. Senate usually wins

3. Conference reports bill back fo each house

4. report can only be accepted/rejected, no amendments

iv. Finally – Goes to President

1. may sign

2. Can veto, returns to house of origin

a. 2/3rds to override (either house)

b. Veto sustained 96% of time

II. How Members Vote

a. Representational View

1. Assumes members vote to please constituents

2. Constituents must have clear opinion of issue (vote must attract attention – IRAQ WAR)

a. Civil rights, social welfare bill

b. Weak correlation to foreign policy

Can anyone identify any votes that fit these criteria that have come up in local elections?

3. Constituency important in Senate, unknown in House

4. members in marginal districts as independent as those in safe districts

5. Weaknesses of this explanation: No clear opinion in the constituency on most issues

b. Organizational View

1. Assumes members vote to please colleagues, gain status, prestige

2. Cues

a. Party

b. Ideology

c. Party Members on sponsoring cmtes

3. Problem is party and other organizations do not have clear position on all issues

4. On minor votes, most members influenced by party members on cmtes.

c. Attitudinal View

1. assumes ideology affects a legislators vote

2. House members tend to have opinions more similar to American voters WHY???

a. 1970s – Senators more liberal

b. 1980s – More conservative

III. Reforming Congress

a. Numerous proposals

b. Representative or Direct Democracy?

i. Framers: Reps refine, not reflect public opinion

ii. Today: reps should mirror public opinion

c. Guardians?

i. Madison – National laws transcend local interest

1. legislators should make reasonable compromises

2. should not be captured by “special interests”

a. PROBLEM – most interests represent professions, public-interest groups

d. Decisive or Deliberative?

i. Framers designed to work slowly by balancing competing views

ii. Today – complaints of GRIDLOCK, but if Congress moves quickly, might not move wisely

e. Term Limits?

i. Anti-Federalists distrusted strong national gov., favored term limits

ii. 80% of public supports

iii. Effects of term limits vary

1. Lifetime limits produce amateur legislators less prone to compromise

2. limiting continuous sequence leads to “office hopping” and attention seeking

3. 1995 – Congress failed to approve Const. Amend. For term limits

4. Supreme Court ruled states cannot impose term limits on Congress

f. Reducing Power/Perks

i. Legal bribes such as gifts banned in 1995

ii. Regulating Franking?

iii. Congressional Accountability Act of 1995

1. forced Congress to obey 11 major employment laws

iv. Trim Pork

1. main cause of deficit is entitlement programs, not pork

2. some spending is needed, most already decreased

3. members supposed to advocate interests of district (price of citizen-oriented Congress)

v. Cut committees/assignments to slow pace and allow reasoned consideration of bills

1. 1995 reforms cut # of committees

vi. Downsize staff

1. same as 1980s

2. cutting staff makes Congress more dependent on Executive

g. Ethics and Congress

i. Separation of Powers and Corruption

1. Fragmentation of power increases number of officials with opportunity to sell influence

2. Example: Senatorial Courtesy rule (informing before nominating) offers opportunity for office seeker to influence a senator

ii. Forms of Influence

1. $ and Exchange of Favors

iii. How define unethical conduct?

1. Violation of criminal law – obvious

2. 1978-1992 Congressional Misconduct charged against 63 members

3. 31 sanctioned/convicted, 16 resigned/retired,

4. ABSCAM

iv. New Ethics Rules 1994 (104th Congress)

1. Honoraria – House bans, Senate may designate charity

2. Campaign Funds – ban retaining of surplus

3. Lobbying – former members banned for one year

4. Gifts - $100 Senate, $250 House

5. Lobbyist payments banned for travel, defense funds, charitable donations

v. Problems with Rules

1. Assume money is only source of corruption

2. Neglect political alliances and personal friendships

3. Framers were more concerned to ensure liberty (through checks and balances) than morality

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