final Flashcards
(270 cards)
A bill
draft law – a law in the making
the steps necessary for a bill to become law-the House
Introduced by a member or passed by Senate
Assigned to Committee, then subcommittee, or drafted there
Hearings
Mark up (writing)
Positive Report
Scheduled for debate by Rules Committee, “rule” assigned to limit debate and amendments
the steps necessary for a bill to become law-the Senate
Introduced by a member or passed by House
Assigned to Committee, then subcommittee, or drafted there
Hearings Mark up (writing) Positive Report Scheduled for debate by Majority Leader (in consultation with Minority Leader); no limit on debate or amendments (table in lecture 11)
A missed step, such as a negative vote by either house, means…
no law
pocket veto
occurs if Congress submits a bill for the President’s approval but goes out of session before the 10 days are up. A pocket veto cannot be overridden. Congress can avoid a pocket veto by staying in session as long as necessary to complete the 10 days.
discharge petition
If the committee and scheduling procedures fail to place the bill before Congress, a majority can bring it to the floor with a discharge petition followed by a vote to discharge. That rarely happens.
How Congress Spends Your Money
To spend your money Congress must do three things, which in our system requires three separate laws. So says Congressional procedure adopted by Congress, not the Constitution.
- Tax or Borrow
- Authorize government activity
- appropriate money year by year
- Another feature of the budget process concerns the role of the executive: Executive Budget Initiative
- Tax or borrow
Congress must first get the money needed to run the government. It does that by taxing or borrowing, by passing revenue or debt-ceiling bills.
- Authorize government activity
Congress must create administrative agencies and tell them what they can or must do. It does that by passing authorization bills - - bills that establish executive units, their programs, and their powers. (Conventionally, revenue and borrowing bills are classified as authorizations too.)
- appropriate money year by year
-Congress then must give money to the agencies and programs that it has authorized- by passing appropriations bills. Without money a program exists only on paper. (It is not uncommon for Congress to decide not to appropriate funds to authorized programs.) Appropriations are annual: they have to be renewed every year - - else the agencies and programs that they would have funded must shut down and furlough staff.
exception to money appropriation
- entitlements, or backdoor spending. The initial authorization law says that certain people are entitled to certain amounts of money (according to some formula) regardless of whether Congress has appropriated enough. Sometimes the law authorizes automatic increases no matter what the state of the budget is. Congress gives itself no choice but to appropriate the authorized money unless it changes or rescinds the original authorization law. It does not do that directly, case by case, but by allowing the treasury to borrow as need be. In all other areas, an agency or program would die a sudden death without its annual appropriation. Entitlements are classified as “non-discretionary spending” in the federal budget. Needless to say, they bear much of the responsibility for deficit spending.
- Examples of entitlements: Medicare, Social Security, VA Pensions, Pell Grants, and farm subsidies.
Executive Budget Initiative
-The Budget Act of 1921 requires executive budget initiative: each year the President must submit a single, comprehensive budget that says exactly how much will be spent and on what. Congress modifies this presidential baseline to make an overall decision on how much to tax and spend.
Prior to 1921, each department would ask for money, and Congress would decide piecemeal how much to spend. The current system makes it easier to assess the “big picture,” to know how much is spent overall.
The same act created the Budget Bureau, charged with consolidating the budget requests from executive departments into one comprehensive budget proposal.
-The Budget and Impoundment Control Act of 1974 came in response to President Nixon’s refusal to spend funds appropriated by Congress. It turned the Bureau of the Budget into the Office of Management and Budget, or OMB. Today the OMB is one of the most important executive agencies. It coordinates all executive-branch requests and submits the budget to Congress.
The Budget Process
-Executive budget initiative is one kind of centralization in the budget process. Since 1974 there has emerged a second kind, one involving Congress. Prescribed by the Budget and Impoundment Act of 1974, the mechanics of the budget process are as follows:
• Acting for the President, the OMB (Office of Management and Budget) prepares a comprehensive executive budget proposal in January.
• The Congressional Budget Office (CBO) prepares a report on the President’s proposal by Feb. 15. It questions the assumptions the President’s proposal makes about how fast the economy is projected to grow, how high unemployment is likely to be, how much revenue will be collected, etc. This office is made up of civil servants, supposedly nonpartisan professional economists.
If they wish, the various legislation-writing committees make reports on the aspects of the proposal pertaining to their jurisdictions by Feb. 25.
• The reports and proposals of these three groups are then submitted to the House and Senate Budget Committees. These committees must then report by April 1. They base their budget proposals on the President’s original proposal but always make some changes, large or small.
• The First Concurrent Budget Resolution in supposed to pass Congress by April 15th. This is not a bill, only a resolution that will never be submitted to the president for his signature. It is not a draft law but a guide for subsequent revenue, authorization, and appropriations bills.
• Throughout the summer, new bills – tax, authorizations, and appropriations - - are prepared in the various Congressional committees (e.g. agriculture, energy) pertaining to the agencies and programs under their jurisdiction. Each house has an Appropriations Committee, whose subcommittees correspond more or less to the substantive committees (e.g. Commerce, Education, Agriculture).
• In September comes the Second Concurrent Budget Resolution, reflecting the new laws generated by the bill-writing committees. Here the comprehensive budget is revised.
• Usually a reconciliation act is needed to revise the laws just passed so they conform to the new budget resolution. Such an act breaks the standard mold by addressing authorizations and appropriations and a multitude of committee jurisdictions all in one fell swoop, and it is treated as a single, must-vote, take-it-or-leave-it package, not subject to amendment or filibuster.
• Finally the fiscal year begins on October 1.
when the budget timeline breaks down
This is the nominal timeline of events. But it is rarely adhered to: delays occur. Rarely do both houses concur on budget resolutions. Rarely does Congress pass all required appropriations bills by October 1. If that deadline is not met and a final budget is not ready by October 1, Congress passes one or more continuing resolutions, constituting a temporary budget to keep the federal government running. Without them, the federal government, or part of it, shuts down.
Sometimes the schedule is followed closely enough but Congress underestimates needs. Then it must appropriate more money later in the year with supplemental and deficiencies acts.
Reagan and enhancing pres power through the budget
Although designed to curtail presidential power, the Congressional centralization mentioned earlier allowed President Ronald Reagan to enhance presidential power. In 1980, when R2 first came into office, instead of accepting the budget passed the previous year, he drafted a sweeping new budget and demanded that Congress pass it as a “reconciliation act.” In that way he acted rather like a prime minister in a parliamentary system, who annually demands a yes-or-no vote on a single, comprehensive “budget.” Later presidents emulated him. For example, President Obama’s controversial, 2,700-page health care bill was ultimately passed as a “reconciliation act.”
Aside: As I said, failure to appropriate enough money early enough prompts later Congressional action in the form of supplemental and deficiency bills to fill holes. This suggests that the budget numbers discussed in September do not mean all that much. Maybe politicians try to deceive us with low appropriations - - or maybe it is hard to guess how much money will be needed.
Congressional legislation obviously depends on…
- votes
- less obviously on procedural or agenda control
- Both reflect strategy, and strategy reflects congressmen’s goals.
- Apart from personal values, those goals are driven by the reelection incentive and by partisanship.
Votes
The former means that Congressmen want, above all, to hold onto their jobs. In Europe, members of parliament belong to disciplined parties that present platforms to the electorate, who vote mostly on the basis of party positions. In the US, parties are weaker, less disciplined, less committed to clear, comprehensive platforms. Therefore, getting reelected in the US requires pretty much that every Congressman watch out for himself. He must see himself as an agent of his constituency, as much as (maybe more than) his party. That leads him toward the following activities:
- Credit claiming
- position taking
- particularism
- universalism
credit claiming
A congressman wants his constituents to see him doing good things for them. So he tries to take credit for every good thing the government does for them. Among other things he is usually the first to announce any federal benefit for his district, such as a school-construction or transportation grant or a defense contract. The bureaucracy allows this in order to stay on his good side.
position taking
Each representative is one of 435 and often will not prevail in getting what his constituency wants. Even so he will try hard to show that he has at least fought for the “right” cause (or the “left” cause, if that’s what his constituents prefer). This involves voting for losing propositions, making public statements, etc.
particularism
Each representative tries to deliver locally targeted benefits of two sorts: Pork is money directly spent on separate, tangible projects in his district - roads, hospitals, levees, bridges, schools, and whatnot. Laws that authorize such projects are called pork-barrel legislation, especially when one wishes to deride them for inefficiency. Case work (or constituent service) involves acting as an intermediary to help constituents with the federal bureaucracy. A congressman’s staff might intervene with the post office, expedite the issuance of a passport, secure a veteran’s benefit, etc. Congressmen have local staff dedicated to this service. The bureaucracy is usually pretty responsive because Congress appropriates its budget. That may sound a bit shady, but it isn’t, or it need not be. A voteseeking congressman has an incentive to play ombudsman. Budget-seeking bureaucrats have an incentive to obey him with alacrity. It is surprising that not more citizens take advantage of this service.
universalism
This means that the shared incentive congressmen have to secure goodies for their own constituencies results in something for everyone. Congressmen scratch each other’s backs. In order to avoid fights over the benefits, everyone goes along with passing laws that are known to be fat with pork, hence inefficient. There is pork for all. For example, interstate highway funds bring roads to every state. Once in Honolulu I took special pleasure in driving down the Eisenhower Interstate Highway.
Beside the reelection incentive, congressmen are driven also by…
partisan and personal preferences. After all, congressmen are not just reelection machines but people who chose government as a calling. And they are not isolated individuals but team members, or partisans.
a key to understanding congressional behavior is to
…appreciate how the particular rules and institutions of Congress (its gears and levers) affect actors’ incentives and strategies.
Legislative Strategy
There are at least three possible kinds of voting:
- Sincere voting
- Strategic voting
- Cooperative voting