How a Bill Becomes a Law

Influences on Law-making There are two major forces impacting Congressional law-making External influences Constituency Interest groups Internal/governmental influences Party leadership Congressional colleagues President/executive branch

Influences on Law-making Influence from the Constituency Members of Congress comply with views of constituents due to re-election need They voluntarily anticipate or find out constituents’ positions 1998, 31 House democrats crossed the party line and voted in favor of an impeachment inquiry (e.g., Congressman Gary Condit)

Influences from Interest Groups Mobilize followers in a member’s congressional districts “Astroturf lobbying” Provide information

Influences from Party Org Party leaders in Congress have influence over members Party organizations have resources: Leadership PACs PACs (1) raise funds and then (2) distribute to members for running for election PACs enhance party power PACs create bond between leaders & members who receive money Committee Assignments Access to Floor The whip system communication network, with info on member intentions in voting Logrolling

Influences from the President Since 1940s, President submitted yearly legislative proposals to Congress Since mid-1950s, Congress has looked to the President for legislative proposals

How a Bill Becomes Law Some facts: For a bill to become law, there are many routine hurdles It is easier for opponents to kill a bill than to pass it The law-making process is highly political

How a Bill Becomes Law The Law-making Steps Introducing legislation Who can introduce legislative proposals? Members of Congress Executive branch Interest groups Constituents

How a Bill Becomes Law The Law-making Steps 2. Assignment to Committee Given a number in House preceded by “H. R.” and by “S” in Senate Bill referred to a committee Most bills assigned to the appropriate committees Complex bills referred to several committees Controversial bills are sometimes handled by temporary or ad hoc committees set up for that purpose

How a Bill Becomes Law The Law-making Steps 2. Assignment to Committee Often, nothing happens to the bills in committee. Neglect leads to death of many bills Bills to be acted on are often referred to the appropriate sub-committees.

How a Bill Becomes Law The Law-making Steps 3. Hearing Once the sub-committee or full committee decides to act, hearings are held participated by: Executive agency representatives Academia Interest groups Other interested persons In a typical two-year Congress Senate: 1200 hearings House: 2300 hearings

How a Bill Becomes Law The Law-making Steps 4. Reporting a Bill When a sub-committee decides to act on a bill, it drafts it line by line It reports it to the full committee The full committee accepts, rejects or amends the bill.

How a Bill Becomes Law The Law-making Steps 5. Schedule Debate When a committee agrees to submit a bill to the two houses, it is put on the House & Senate calendar, a list bills for action Each house has different calendars for different bills In House, non-controversial bills are put on the Consent Calendar or Private Calendar to be passed without debate

How a Bill Becomes Law The Law-making Steps 5. Schedule Debate Each house has different calendars for different bills Controversial or important bills are placed on the Union Calendar or house Calendar. Rules & procedures (length of debate) are requested from the Rules Committee. Define the following: filibuster, cloture, open rule, closed rule.

How a Bill Becomes Law The Law-making Steps 6. Debate & Amendment Opponents & proponents have equal debate time Relevant amendments, if allowed, can be added Floor debate seldom change views of others In Senate, debate can last long time In Senate, filibuster can be used Senators can propose amendments irrelevant to the bill.

How a Bill Becomes Law The Law-making Steps 7. The Vote How do members vote? What impact their voting behavior? Personal views Opinions of the constituents Advice of knowledgeable & trusted colleagues Occasionally, President can win over wavering members of their Party to stick with the team or by cutting deals with pivotal members. It is important for members to cast an explainable vote, one that is defendable in public when challenged.

How a Bill Becomes Law The Law-making Steps 7. The Vote How do members vote? What impact their voting behavior? It is important for members to cast an explainable vote, one that is defendable in public when challenged. Not every vote has to please the constituents. But, too many “bad” votes are costly and show distance with one’s folks at home.

How a Bill Becomes Law The Law-making Steps 8. In Conference Committee Once passed, a bill is sent to the other chamber for consideration If the 2nd chamber passes the bill, it is then sent to the White House for action. But, controversial bills need to go to a Conference Committee to reconcile the differences in the two versions of the bills After Conference, details of the bill are reported back to each chamber before sending to the President.

How a Bill Becomes Law The Law-making Steps 7. To the President Approve the bill into law Ignore it, with the result it becomes law in 10 days (not including weekend & when Congress is still in session) Veto it (& facing override in Congress) Pocket veto it (if Congress adjourns before the 10 days are up) When President vetoes a bill, he usually explains why he does so.

How a Bill Becomes Law The Law-making Steps 7. Congressional Override of Veto A two-thirds majority is required in each chamber to override the Presidential veto