Processes Of Congress

I.  How a Bill Becomes A Law

  1. Bills travel at different speeds
  2. Money bills or tax/regulations move slow
  3. Bills with a clear, appealing idea move fast
  4. Complexity of legislative process helps opponents
  5. Introducing a bill
  6. By member of Congress
  7. Congress initiates most legislation
  8. Presidentially DRAFTED legislation is shaped by Congress
  9. Resolutions
  10. simple – passed by one house affecting the house
  11. concurrent – passed by both houses affecting both
  12. joint
  13. Essentially a law passed by both houses, signed by President
  14. If used to propose constitutional amendment – two-thirds vote in both houses, president’s signature unnecessary
  15. Role of Leadership
  16. House/Senate – set agenda, decide which bills will come to floor
  17. Access to the Floor
  18. Senate – ranking committee members influence allocation of time
  19. House – Chair can “refuse to recognize”
  20. BE NICE TO SPEAKER
  21. Role of Committee
  22. Referred to committee by Speaker or presiding officer
  23. Revenue bills must originate in the House
  24. Most die in committee
  25. Multiple referrals – limited after 1995
  26. Mark-up bills are revised by committees
  27. Committee reports a bill out to chamber
  28. if not reported out, House can use “discharge petition” (discharge motion in Senate)
  29. usually unsuccessful
  30. bill is placed on calendar
  31. House Rules Committee – sets rules for consideration (see handout)
  32. can move to suspend rules
  33. Floor Debate
  34. House
  35. Committee of the Whole – procedural device for expediting house consideration of bills (Cannot Pass bills)
  36. Reduces Quorum to 100 (from 218)
  37. Committee sponsor of bill organizes discussion
  38. Lead supporter, opponent given time
  39. Can dole out in small increments to anyone wishing to speak on bill
  40. No real “surprises” – Speaker can choose to not recognize individuals (germaneness)
  41. House usually passes sponsoring committees version of bill
  42. Senate
  43. No rule limiting germaneness
  44. Committee hearing process can be bypassed by a senator with a “rider”
  45. Debate can only be limited by “cloture” vote (60 Senators)
  46. Filibuster – unlimited debate, easier to stage now
  47. Can be curtailed by “double-tracking”, shelving bill to continue on to other business
  48. Roll Call votes replacing long speeches
  49. Logrolling
  50. Practice of using reciprocal agreements (usually through trading votes), to gain passage of a bill
  51. Unites parties that have nothing in common other than desire to exchange support (unlike bargaining)
  52. Voting Procedures
  53. House
  54. voice vote
  55. division (standing) vote
  56. roll-call vote
  57. teller vote
  58. Senate – same, no teller
  59. Differences in bills between houses
  60. if minor, last house merely sends to other for acceptance
  61. if major, conference committee appointed
  62. 10-15% of bills
  63. Senate usually wins
  64. Conference reports bill back fo each house
  65. report can only be accepted/rejected, no amendments
  66. Finally – Goes to President
  67. may sign
  68. Can veto, returns to house of origin
  69. 2/3rds to override (either house)
  70. Veto sustained 96% of time

II.  How Members Vote

  1. Representational View
  2. Assumes members vote to please constituents
  3. Constituents must have clear opinion of issue (vote must attract attention – IRAQ WAR)
  4. Civil rights, social welfare bill
  5. Weak correlation to foreign policy

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

  1. Constituency important in Senate, unknown in House
  2. members in marginal districts as independent as those in safe districts
  3. Weaknesses of this explanation: No clear opinion in the constituency on most issues
  4. Organizational View
  5. Assumes members vote to please colleagues, gain status, prestige
  6. Cues
  7. Party
  8. Ideology
  9. Party Members on sponsoring cmtes
  10. Problem is party and other organizations do not have clear position on all issues
  11. On minor votes, most members influenced by party members on cmtes.
  12. Attitudinal View
  13. assumes ideology affects a legislators vote
  14. House members tend to have opinions more similar to American voters WHY???
  15. 1970s – Senators more liberal
  16. 1980s – More conservative

III.  Reforming Congress

  1. Numerous proposals
  2. Representative or Direct Democracy?
  3. Framers: Reps refine, not reflect public opinion
  4. Today: reps should mirror public opinion
  5. Guardians?
  6. Madison – National laws transcend local interest
  7. legislators should make reasonable compromises
  8. should not be captured by “special interests”
  9. PROBLEM – most interests represent professions, public-interest groups
  10. Decisive or Deliberative?
  11. Framers designed to work slowly by balancing competing views
  12. Today – complaints of GRIDLOCK, but if Congress moves quickly, might not move wisely
  13. Term Limits?
  14. Anti-Federalists distrusted strong national gov., favored term limits
  15. 80% of public supports
  16. Effects of term limits vary
  17. Lifetime limits produce amateur legislators less prone to compromise
  18. limiting continuous sequence leads to “office hopping” and attention seeking
  19. 1995 – Congress failed to approve Const. Amend. For term limits
  20. Supreme Court ruled states cannot impose term limits on Congress
  21. Reducing Power/Perks
  22. Legal bribes such as gifts banned in 1995
  23. Regulating Franking?
  24. Congressional Accountability Act of 1995
  25. forced Congress to obey 11 major employment laws
  26. Trim Pork
  27. main cause of deficit is entitlement programs, not pork
  28. some spending is needed, most already decreased
  29. members supposed to advocate interests of district (price of citizen-oriented Congress)
  30. Cut committees/assignments to slow pace and allow reasoned consideration of bills
  31. 1995 reforms cut # of committees
  32. Downsize staff
  33. same as 1980s
  34. cutting staff makes Congress more dependent on Executive
  35. Ethics and Congress
  36. Separation of Powers and Corruption
  37. Fragmentation of power increases number of officials with opportunity to sell influence
  38. Example: Senatorial Courtesy rule (informing before nominating) offers opportunity for office seeker to influence a senator
  39. Forms of Influence
  40. $ and Exchange of Favors
  41. How define unethical conduct?
  42. Violation of criminal law – obvious
  43. 1978-1992 Congressional Misconduct charged against 63 members
  44. 31 sanctioned/convicted, 16 resigned/retired,
  45. ABSCAM
  46. New Ethics Rules 1994 (104th Congress)
  47. Honoraria – House bans, Senate may designate charity
  48. Campaign Funds – ban retaining of surplus
  49. Lobbying – former members banned for one year
  50. Gifts - $100 Senate, $250 House
  51. Lobbyist payments banned for travel, defense funds, charitable donations
  52. Problems with Rules
  53. Assume money is only source of corruption
  54. Neglect political alliances and personal friendships
  55. Framers were more concerned to ensure liberty (through checks and balances) than morality