2.2.2 Legislative function Flashcards

1
Q

7

List the different stages of the legilsative process in Congress

A
  1. Introduction
  2. Committee consideration
  3. Scheduling
  4. Floor action
    (Goes through same process in other House)
  5. Resolving differences
  6. Presidential action
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2
Q

2

Describe unanimous consent

A
  • Setting aside of procedures for bill/action if no-one objects
  • Applies to Senate only
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3
Q

4

Describe the introduction of a bill in the House

A
  • House Speaker places bill into relative committee
  • Speaker can choose to send bill through multiple committees
  • Lengthens process and makes it less likely bill will pass
  • ‘split referral’ - places sections of bill into different committees to speed up process
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4
Q

4

Describe the introduction of a bill in the Senate

A
  • Presiding Officer of Senate places bill into relevant committee
  • Usually goes to committee that has authority over relevant policy area
  • unanimous consent required to place bll into multiple committees
  • therefore power of presiding officer of senate weaker
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5
Q

4

Describe the committee consideration stage

A
  • Bills can be considered by whole committee, sub-committee or ‘pigeon-holded’
  • If acted on, subject to committee hearings and amendments (‘mark ups’) by committee
  • Final amended bill must pass vote of whole committee
  • ‘Reported out’ to relevant House if passed
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6
Q

3

Describe the process of ‘pigeon-holing’

A
  • Bill not given any hearings or further action in commitee consideration stage
  • Effectively ‘dies’ once current congressional session ends
  • 90% of bills pigeon-holed
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7
Q

2

Describe the signfiicance of ‘pigeon-holing’

A
  • Can significantly delay or even entirely prevent the passage of legislation that does not fit the agenda of committee chairmen
  • Does not follow will of the majority of Congress
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8
Q

3

Describe the scheduling stage in the House

A
  • House Rules Committee decides timetabling and sets rules on how bill can be debated
  • ‘Open’ debate - amendments can be added
  • ‘Closed’ debate - amendments cannot be added
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9
Q

3

Describe the membership of the House Rules Committee

A
  • Majority party dominates committee by 2:1 ratio
  • Majority party members appointed by speaker
  • Allows majority party to control passage of legislation
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10
Q

2

Describe the scheduling stage in the Senate

A
  • Senate majority leader decides timetable of debate
  • Motion to proceed voted on with simple majority required
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11
Q

3

Describe the floor action stage in the House

A
  • Debates time-limited as determined by the House Rules Committee
  • Debate dominated by bill’s sponsor and leading opponent
  • Once time has elasped, vote taken of all members on passage of amendments and bill
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12
Q

3

Describe the floor action stage in the Senate

A
  • Similar process to House
  • bill can pass by ‘unanimous consent’
  • ‘unlimited debate’ which allows use of filibuster
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13
Q

4

Describe fillibustering

A
  • Prolonged speech on Senate floor aimed at preventing further action being taken on legislation
  • blocks final vote on bill
  • e.g. Ted Cruz spent 21 hours talking on 2013 debate to block bill extending Obamacare provisions
  • Can be ended by ‘cloture motion’ which requires invokation from 60 Senators to allow bill to move forward to vote
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14
Q

1

Describe the significance of fillibustering

A
  • Contetious legislation requires support of 60 Senators to ensure it can succeed
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15
Q

2

Describe opposition to fillibuster reform

A
  • 2022, Machin and Sinema opposed Chuck Schumer’s motion to reduce votes needed to invoke ‘cloture motion’ to 50 votes
  • defeated 48-52
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16
Q

1

Describe the resolving differences stage

A
  • HoR and Senate liase to pass agreed version of bill before being sent for Presidential approval
17
Q

3

Describe the methods in which resolving differences can take place

A
  • Conference committee created (formal method) - declined in usage
  • ‘ping-pong’ (informal method)
  • ‘take it or leave it’ (informal method)
18
Q

2

Describe conference committees

A
  • Created to design one bill from versions from each chamber
  • Senate and HoR represented equally on committtees
19
Q

2

Describe ‘ping pong’

A
  • Amendments liased over by leadership in each chamber as bills pass through prior stages
  • Final versions of bill are identical
20
Q

2

Describe ‘take it or leave it’

A
  • One chamber will adjourn, forcing other chamber to accept its version or drop bill entirely
  • More infrequently used
21
Q

3

Describe the different ways the President can respond to a passed bill

A
  • Sign bill into law
  • Veto bill
  • Leave the bill for 10 days
22
Q

2

What happens if the President leaves a bill for 10 days

A
  • if Congress still in session after 10 days, bill automatically becomes law
  • pocket veto - if congressional sessions end before 10 days elapse, bill ‘dies’
23
Q

3

Give an overview of the differences in legislative process in each chamber

A
  • Difference in amendments allowed
  • Process in HoR controlled by speaker/majority party vs unanimous consent + fillibuster allows for more individual influence in Senate
  • time limits in House vs ‘unlimited debate’
24
Q

3

Describe the difference in amendments allowed to bills in each House

A
  • House - ‘germaness rule’ - amendments have to relevant to topic of bill
  • Senate - can be offered on any topic
  • e.g. amendment providing funds for Smithsonian Museums included in 2020 Coronavirus bill
25
Q

3 - (3) (3) (3)

Describe the strengths of the legislative process

A
  • Length ensures effective, popular and workable laws passed
    • multiple stages allows for extensive scrutiny of proposed legislation
    • prevents reactionary knee-jerk policy from passing
    • e.g. IRA Act 2022 took 11 months from introduction to Presidential sign-off
  • Ensures adequate representation of people and states
    • equality of houses in legislative process (House represents people, Senate represents states)
    • responsiveness of House and stability of Senate
    • requirement for liaison at ‘resolving differences’ stage produces broadly acceptable bill
  • Checks powers of President
    • Veto override and cloture motion prevent tyranny of President’s party, espeically in time of unified government
    • challenging nature ensures only necessary law passes, rather than populist agenda of President
    • President unlikely to veto legislation they proposed, so Congress can scrutinise and amend it considerably without derailing it
26
Q

3 - (3) (4) (3)

Describe the weaknesses of the legislative process

A
  • Length and difficulty lead to inaction
    • lengthy/challenging process contrasts short Congressional sessions (1 year)
    • can ignore Presidential mandate e.g. Trump border wall
    • partisanship in divided govt leads to lack of legislation and ineffective govt
  • Concentrates power in hands of a few powerful members
    • House Speaker can slow or speed up process
    • committee chairs have immense power in committee stage
    • 90% bills die in committee stage
    • fillibustering places immense power in individual senator - 60 votes needed
  • Lack of checks on President’s powers
    • Requirement for supermajority makes it difficult to overturn veto
    • expectation that President’s proposed bills should be allowed to pass given their electoral mandate, bypassing scrutiny
    • no legislative power to overturn pocket veto
27
Q

3 - (3) (4) (3)

Describe the argument that Congress is significant in policy making

A
  • Constitution allows it to pass laws in various policy areas
    • used ‘necessary and proper’ clause and commerce clause to expand areas where it can legislate
    • e.g. IRA 2022, Consolidated Appropriations Act 2022
    • Arizona v. United States 2012 - confirmed immigration policy to be exclusive to Congress
  • Expanded federal government power over states
    • supremacy clause ensures congressional law is superior to state law
    • states bound to follow legislation they do not approve of
    • e.g. Respect for Marriage Act 2022
    • legislation such as Obamacare deepens federal govt role into areas previously reserved for states
  • Unity allows for significant legislative achievements
    • unified government - House Rules Committee domination
    • e.g. Biden-supported Infrastructure Investment and Jobs Act passed despite Democratic disunity under Biden
    • bipartisanship e.g. Safer Communities Act
28
Q

3 - (3) (3) (3)

Describe the argument that Congress is not significant in policy making

A
  • Constitution limits policy significance
    • Presidential veto - 2/3 supermajority to overturn
    • SC rejects legislation through judicial review
    • e.g. Michigan v EPA 2015 - intepretation of Clean Air Act
  • States remain dominant
    • Congress relies on states to enforce laws
    • Congressional cannabis possession laws ignored by states
    • Dobbs returns powers to state over Congress regarding abortion
  • Difficulty of passing legislation
    • facilitated by hyperpartisanship
    • appropriation bills pass due as are necessity to keep govt running; other policy areas (e.g. gun and immigration reform) see inaction
    • anti-lynching legislation did not materialise until Emmett Till Anti-Lynching Act 2022
29
Q

2

Describe states ignoring Congress on cannabis laws

A
  • Cannabis federally illegal
  • 24 states + DC have passed state legislation to ‘legalise’ it
30
Q

3

Describe the ‘Contract with America’

A
  • Platform by Republicans in 1994 mid-terms to shrink size of state
  • all House speaker candidates made to sign contract
  • nationalsied otherwise local elections
31
Q

3

Which policy areas tend to hold bipartisan support?

A
  • Veteran affairs
  • National Security
  • e.g. The Honouring our PACT Act 2022 - passed Senate 84-14
32
Q

5

Describe standing committees

A
  • Legislative - hearings with witnesses and pressure groups
  • Investigation into policy area of committee
  • Begin appointments process (Senate only)
  • membership in proportion to party strength
  • e.g. Senate judiciary Committee (do more then appts)
33
Q

3

Describe select committees

A
  • ad hoc basis
  • Investigative e.g. US House Select Committee on the January 6 attack
  • membership in proportion to party strength
34
Q

1

What is a limit to the power of a Commitee Chairman

A
  • House Republicans have imposed 3-term (6 year) term limit on Republican House Commitee Chairs