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HoW a Bill BECOMES LAW Why do some bills move fast through congress while others move very slowly?

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Presentation on theme: "HoW a Bill BECOMES LAW Why do some bills move fast through congress while others move very slowly?"— Presentation transcript:

1 HoW a Bill BECOMES LAW Why do some bills move fast through congress while others move very slowly?

2 Introducing a bill Any member of Congress may introduce a bill
In the house by handing it to the clerk or putting it in the hopper In the Senate one must be recognized by the presiding officer an announce the bills intro. Bills are next numbered and sent to the printer House bills are labeled HR101 and Senate bills S101. A bill can be a public bill deal with public affairs. A bill can be a private bill deal with to a particular person like a person pressing a claim against the government. These bills are not common and are delegated to the courts or administrative agencies If a bill does not pass by both houses and signed by the president within a term (2 years) of congress it is dead and must reintroduced during the next Congress.

3 Introducing a bill cont.
The president can be the principal author of a bill but he cannot introduce legislation himself he must get a member of congress to do it for him. He only does this after consultation with key congressional leaders. In addition to bills congress can pass resolution Simple resolution used for matters such as establishing the rules under which each body will operate. Concurrent resolution settle housekeeping and procedural matters that affect both houses. Both of these do not need to be signed by the president and do not have the force of law Joint Resolution requires the approval of both houses and signature of the president it is the same as law. (propose a constitutional amendment)

4 Committees All bills are referred to a committee were the real work on congress is done. They are sent to the committees by the speaker of the house and the presiding officer of the Senate. Rules govern which committee will get what bills but sometimes a choice is possible Constitution requires that all bills for raising revenue must originate in the House, the Senate can amend these bills but only after the House has passed it Bills that do not change tax laws can originate in either house. But in practice the house also originates appropriations bills The committee that deals with how money should be spent is the ways and means committee which is very powerful.

5 COMMITTEES CONT Most bills die in committee.
Bills of general interest many of which are drafted in the executive branch are assigned to a subcommittee for a hearing. This is done to give members of congress information and permit interest groups to speak out and build public support for a measure favored by the majority of the committee. Committee hearings are valuable but they also fragment the process of considering bills dealing with complex matters. Because it is hard to take a comprehensive view of a bill cutting across committee lines (power and information are dispersed) To deal with this problem congress came up with the Multiple referral which they did away with in 1995 Why? Under new rules the speaker is allowed to send the bill to a second committee after the first is finished with the bill or he can refer parts of the bill to a separate committee Sequential referral

6 Committees Cont. After the hearings the committee or subcommittee will mark up the bill means make revisions and additions. These do not become part of the bill unless they are approved by the house of which the committee is a part. If the a majority of the committee votes to report a bill out to the House or Senate it is accompanied with a report that tells why they favor the bill and any amendments to it Committee members who oppose the bill have an opportunity to include their dissenting opinions in the report.

7 Committees Cont. If a bill is not reported out of committee it is ordinarily killed. However there is a procedure to get a stalled bill out of committee and brought to the floor. Discharge Petition Must be signed by 218 members if the petition is approved by a vote in the House the bill comes out Senate members can move to discharge a bill and if the motion passes the bill goes before the Senate

8 Calendars For a bill to come before either house it must first be put on a calendar House 5 of them 1. Union Calendar deals with bills to raise revenue or spend money (appropriations bills) 2. House Calendar Nonmoney bills of major importance 3. Private Calendar private bills 4. Consent Calendar noncontroversial bills 5. Discharge Calendar discharge petitions Senate 2 of them 1. Executive Calendar Presidential nominations, proposed treaties 2. Calendar of Business all legislation

9 RULES In the House the Rules Committee reviews most bills and adopts a rule that governs the way in which a bill will be considered in the House. 1. Closed rule Strict time limit on debate Forbids introduction of amendments for the floor Can allow amendments from the sponsoring committee 2. Open Rule Allows amendments from the floor Allows more debate 3. Restrictive Rule Allows some amendments Allow more debate The House has three ways of bypassing the rules committee 1. Members can move that the rules be suspended need 2/3 vote 2. Discharge petition bill goes right to the floor 3. Calendar Wednesday procedure (rarely used) Any bill brought to the floor this way must be finished that day or the bill goes back to committee

10 Rules Cont. In the Senate few barriers to floor consideration exist
Bills my be considered in any order at anytime whenever a majority of the Senate chooses Majority leader, in consultation with the minority leader, schedules bills for debate

11 Floor Debate In The House
In the House all revenue and most other bills are discussed by the Committee of the Whole It is whoever is on the floor at the time A quorum for the committee of the whole is 100 members which is much easier than a quorum of the House (218 constitution) During the committee of the whole the speaker does not preside but chooses another member to do so Committee of the whole debates, amends, decides the final bill but it can not pass it. To do that the committee of the whole must report the bill back to the House.

12 Floor debate in the House Cont.
During the committee of the whole debate is guided by the sponsoring committee of the bill Divide the time equally between those in favor and those opposed to the bill Decide how long each member can speak on the bill If amendments are allowed by rule they must be germane to the purpose of the bill riders are not allowed. No one can talk longer than 5 minutes on an amendment. Members wishing to take time out to get together to talk strategy or delay action can demand a quorum call. If a quorum is not there than the House must adjourn or send out the sergeant at arms to round up members.

13 Floor Debate Senate No rules limiting debate a senator can talk for as long as they can stay on their feet Senators remarks do not need to be relevant to matters being debated. Anyone can offer an amendment at anytime and it does not have to be relevant to the bill. This leads to many riders Why? Committee hearing process can be by passed if the House has already passed the bill. A senator can get the House passed bill put on the calendar without committee action Filibuster/cloture rule Double tracking way to keep Senate going during a filibuster The disputed bill is put to the side temporarily so the Senate can do other business. This has caused filibusters to increase in number why?

14 Methods of Voting It is a mistake to look at the final vote on a bill to see how a member of Congress felt about a bill Why Amendments which totally change bills It is more important to keep track on how a member voted on key amendments than the bill itself. Voting In The House 1. Voice Vote Members calling out yea or nay 2. Standing (division) Vote Members standing and being counted In these two forms of voting the names of members are not recorded so you do not know how they voted.

15 METHODS OF VOTING 3. Teller Vote 4. Roll-Call Vote
Members pass between two tellers, first the yeas and then the nays. Since 1971 a teller vote can be recorded, at the request of 20 members, clerks write down the names of those in favor or against a bill as the walk past the teller. This type of vote can be used in the Committee of the Whole to keep a recorded of how members voted. 4. Roll-Call Vote Members answering yea or nay when their names are called. It is used on request of 1/5 of the representatives present in the House. Since 1973 electronic voting system allows each member to vote using a card and learn the results fast. Voting in the Senate is almost the same but no teller vote and no electronic counter is used.

16 Reducing Power and Perks
We care whether Congress serves the public interest and fulfills its mission. As a result over the last few decades many proposals have been made to reform and improve Congress 1. term limitations 2. campaign finance laws Organizational changes intended to reduce the power and perks of members while making it easier for Congress to pass bills in a timely fashion. Congress is overstaffed and self-indulgent and it imposes new laws on us but is slow to apply those same laws to itself.

17 1. pork-barrel legislation
Bills that give tangible benefits to constituents in the hope of winning their votes. Misallocation of tax dollars or does it 2. franking privilege Allows members of congress to send material through the mail free of charge Problem is it is used to send out questionnaires and letters as campaign literature which amounts to the tax payers subsidy which helps incumbents

18 Congress often exempted itself from many of the laws it passed. Why
Members of Congress would become subject to the executive branch which would give it excessive power over congress (separation of powers) Criticism of Congress and a decline in the trust of government led to a demand that congress subject itself to laws that apply to everyone 1995 Congressional Accountability Act To solve the separation of powers issue Independent Office of Compliance.

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