2.2.2 Legislative function

Question 1

7

List the different stages of the legilsative process in Congress

Answer 1

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

Question 2

2

Describe unanimous consent

Answer 2

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

Question 3

4

Describe the introduction of a bill in the House

Answer 3

• 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

Question 4

4

Describe the introduction of a bill in the Senate

Answer 4

• 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

Question 5

4

Describe the committee consideration stage

Answer 5

• 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

Question 6

3

Describe the process of ‘pigeon-holing’

Answer 6

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

Question 7

2

Describe the signfiicance of ‘pigeon-holing’

Answer 7

• 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

Question 8

3

Describe the scheduling stage in the House

Answer 8

• 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

Question 9

3

Describe the membership of the House Rules Committee

Answer 9

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

Question 10

2

Describe the scheduling stage in the Senate

Answer 10

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

Question 11

3

Describe the floor action stage in the House

Answer 11

• 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

Question 12

3

Describe the floor action stage in the Senate

Answer 12

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

Question 13

4

Describe fillibustering

Answer 13

• 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

Question 14

1

Describe the significance of fillibustering

Answer 14

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

Question 15

2

Describe opposition to fillibuster reform

Answer 15

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

Question 16

1

Describe the resolving differences stage

Answer 16

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

Question 17

3

Describe the methods in which resolving differences can take place

Answer 17

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

Question 18

2

Describe conference committees

Answer 18

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

Question 19

2

Describe ‘ping pong’

Answer 19

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

Question 20

2

Describe ‘take it or leave it’

Answer 20

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

Question 21

3

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

Answer 21

• Sign bill into law
• Veto bill
• Leave the bill for 10 days

Question 22

2

What happens if the President leaves a bill for 10 days

Answer 22

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

Question 23

3

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

Answer 23

• 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’

Question 24

3

Describe the difference in amendments allowed to bills in each House

Answer 24

• 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

Question 25

# 3 - (3) (3) (3) Describe the strengths of the legislative process

Answer 25

* **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

Question 26

# 3 - (3) (4) (3) Describe the weaknesses of the legislative process

Answer 26

* **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

Question 27

# 3 - (3) (4) (3) Describe the argument that Congress is significant in policy making

Answer 27

* **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

Question 28

# 3 - (3) (3) (3) Describe the argument that Congress is not significant in policy making

Answer 28

* **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

Question 29

# 2 Describe states ignoring Congress on cannabis laws

Answer 29

* Cannabis federally illegal * 24 states + DC have passed state legislation to 'legalise' it

Question 30

# 3 Describe the 'Contract with America'

Answer 30

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

Question 31

# 3 Which policy areas tend to hold bipartisan support?

Answer 31

* Veteran affairs * National Security * e.g. The Honouring our PACT Act 2022 - passed Senate 84-14

Question 32

# 5 Describe standing committees

Answer 32

* 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)

Question 33

# 3 Describe select committees

Answer 33

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

Question 34

# 1 What is a limit to the power of a Commitee Chairman

Answer 34

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