Week 5: The Legislative Branch

which branch of government is the strongest in tx?

the legislative branch

bicameralism definition

a legislature with 2 chambers

intended to slow down the legislative process

regular session definition

a required, biennial 140-day meeting of the tx legislature mandated by the constitution and state law

special session definition

a session of the legislature called by the governor to address issues of their choosing

separate from the regular lege sessions and last a max of 30 days

how many legislators are there in tx?

181 total

150 in house

31 in senate

term limits definition

laws that restrict elected officials from serving more than a certain number of terms in a given office

when are elections held for the legislative chambers?

in even-numbered years

how long is a tx senate term?

4 years, terms staggered

how long is a tx house term?

2 years

qualifications for tx house

21+ years old, resident of state for 2 years, resident of district their elected for for 1 year, US citizen

qualifications for tx senate 

26+ years old, resident of tx for at least 5 yrs, resident of their district for at least 1 yr, US citizens

incumbency definition

the status of currently holding an elective office, which usually presents a significant advantage in reelection contests due to the incumbent’s name recognition, clear record of public service, and greater access to financial and organizational resources

principle function of the legislature

carry out lawmaking duties

resolutions definition

a formal expression of opinion or decision, other than a proposed law, that may be offered for approval to one or both houses of the legislature by a member of the house or senate

types of bills

general bills, special bills, and local bills

simple resolutions definition

addresses matters that only involve one chamber, involve simple matters

doesn’t require governor approval

joint resolutions definition

requires passage by both chambers, used to propose amendments, voters must approve

doesn’t require governor approval

concurrent resolutions definition

both chambers approval required, usually require governor action

used to offer a commendations or memorial, or to send congrats or a statement of welcome

Sunset Advisory Commission definition

a legislative oversight agency established in 1977 that conducts regular assessments of the continuing need for the existence of various state agencies and programs 

impeachment definition

a component of the legal method of removing high-level gov officials prior to the next election

involves the accusation or indictment of an official by the tx house followed by a trial in the tx senate

immunities definition

special exemptions from certain public law enjoyed by legislators when the tx lege is in session

among other privileges, legislators cannot be charged with or sued for slander over statements made during legislative proceedings, nor can they be arrested on charges other than treason, felony, or breaking the peace

what is an investigative power that the lege holds?

can administer oaths and subpoena witnesses and documents

investigations can be done by one chamber, both, or a committee

reapportionment definition

the process by which seats in the house of reps are redistributed to each state for nationwide pop shifts detected in the census

every 10 years

gerrymandering definition

manipulation of political boundaries and/or electoral constituencies to favor one party over another

who is the president of the tx senate?

the lieutenant governor

voted for

most powerful legislator

lieutenant governor duties

• almost none, member of executive branch

• takes over for governor if they die

• casts deciding vote for senate if tie

• appoints senate’s committee

• assigns bills to specific committees

• serves on important board

• 4 yr term

presiding officer of the house

speaker of the house

chosen by voters of single-member districts

duties of the speaker of the house

• maintain order during debate on the floor

• must sign all bills and joint resolutions

• appoint membership of standing committee

standing committee definition

also called a permanent committee, a committee that meets throughout a legislative session or during a legislative interim

considers and reports on measures refereed to it or tasks assigned to it by the respective presiding officers

select committees definition

a committee created by the speaker of the house or the lieutenant gov to study specific issues, problems, or questions

can be an interim, ad hoc, or a joint committee

pro tempore definition

a latin phrase meaning “for the time being,” which in a legislative context refers to certain temporary leadership positions

two types of committees for the senate

standing committees (deal with public policy) and special committees (subcommittees of regular standing senate committees, study important policy issues)

two types of committees for the house

substantive and procedural committees

substantive committees definition

a committee in the house whose primary duty is to consider legislation itself rather than legislative rules, calendars, or administration

most are standing committees

procedural committees definition

a committee that makes decisions chiefly about the legislative process, calendars, or administration in the house

don’t deal with public policy directly

Calendars Committee definition

a house committee that is charged with scheduling the time that each bill or resolution will be taken up for consideration by the members of that chamber

temporary committee definition

a committee created for a limited time to carry out a specific purpose, such as reconciling btwn the house and senate versions of a bill

joint committees definition

a committee composed of members from each chamber appointed by their respective presiding officers to study a particular issue or group of issues when the lege is not in session

conference committees definition

a joint committee composed of 5 members from each chamber appointed by their respective presiding officers to resolve the differences btwn the house and the senate versions of a bill

interim committees definition

a standing committee consisting of a group of legislators (or a commission consisting of some non-legislative members) appointed by the presiding officer of the house or senate when the legislature is not in session to study a particular issue or group of issues for the purpose of making recommendations for the next lege

ad hoc committees definition

aka special committee, a committee created by the house or senate as occasion demands to study a specific problem or policy area for a specified period of time

impact of committees

• decide which bills get considered and how far they go, advantages to incumbents

• shape bills to get support from interest group

• control legislative operations and power distribution

• interest groups contribute funds

voting the district

siding with voters’ preferences over their party or interest groups 

plurality definition

the largest group of respondents selecting a poll option when no single option has been selected by 51% or more of respondents

interest group definition

formally organized groups of individuals that use dif forms of advocacy to influence lawmakers and members of the public

“the lobby”

assembly of professional advocates who attempt to influence gov

how a bill becomes a law in the senate

bill drafted → introduced to senator → first reading and referred by lt gov → committee action → favorable → printing and distribution → floor consideration → second reading → third reading → engrossed → conference → committee report → enrolled → signed by speaker and lt gov → sent to gov → signed by gov → becomes law

how a bill becomes a law in the house

bill drafted → introduced by rep → first reading and referred by speaker → committee action → favorable → printing and distribution → floor consideration → second reading → third reading → engrossed → conference → committee report → enrolled → signed by speaker and lt gov → sent to gov → signed by gov → becomes law

pigeonhole definition

to stall or kill a legislative proposal by placing it at the bottom of a committee’s agenda

markup definition

process of making substantive changes and editorial corrections to a bill

mostly carried out by committees and subcommittees

filibuster definition

a legislative tactic for senators to kill a bill by holding the floor for as long as they can speak effectively blocking to vote on the proposed legislation

if chambers disagree significantly on their different forms of a bill, what happens?

committee votes on a final version, conference committee sends report back to both chambers, simple majority vote

appropriations bill definition

a bill that authorizes the expenditure of money for a public purpose

in most instances, money cannot be withdrawn from the state treasury except through a specific appropriation

line-item veto definition

the governor’s constitutional power to veto specific items in the legislature’s budget bill rather than the whole bill

legislature may override veto by 2/3 majority, rare

two types of committees in the legislature

standing committees (permanent) and select committees (temporary)

standing committee definition

have specific jurisdictions over particular issue areas

review, amend, and report on bills before they reach the floor for debate

permanent

select committees definition

temporary

created for a specific purpose to address a particular issue

“whipping the vote”

keeping track of votes with procedural persuasion and maneuvering

point of order definition

an objection claiming that a legislative body’s rules of order have not been followed for a bill undergoing floor debate, thus rendering the bill ineligible for further consideration

can be sustained or overruled

very likely to ruin a bill’s chance at passing

“power of the purse”

control spending, set national priorities

how many voting members in the US House?

435

term for us house members

2 years

term for us senators

6 years

limitations on power

• no ex post facto laws

• no bills of attainder

• cannot suspend habeas corpus (unless war or rebellion)

• crucial protections of individual liberties

political parties’ role in congress

• parties gather every 2 years to elect their leaders

• organize collective action - parties encourage cooperation

• agenda formation - majority party wields large influence over the legislative agenda

legislative caucuses definition

groups of mems sharing interests, opinions, or characteristics

less formal than committees and parties

4 types: ideological, identity-based, issue-based, constituency-based

distinct features of the tx lege

• infrequent “part-time” lege

• hectic pace, clock ticking

• death by deadline

• gov can call special session

• little pay

Constitutional Order of Business definition

constitutional specification of how legislative sessions are structured using rules for the timing of specific steps in the lawmaking process

which part of the us congress processes legislation quicker?

the house

which type of resolution can become law?

joint resolutions

how does a bill in the us congress advance to the floor?

committee markup

senate executive duties

• confirm presidential nominations and approve treaties

• treaties need 2/3 majority 

• simple majority for presidential nominees

Cloture Rule

3/5 majority; supermajority limits debate on a bill, amendment, or motion

presidential action with congress bills

has 10 days to sign or veto

automatically signed if no action

hard to override presidential veto

external influences on the lege process

• public opinion

• interest groups and the lobby

• political parties

• election environment

• news media and social media coverage

• unforseen events

main motivator for legislators

get reelected

pork barrel spending definition

using gov funds, typically at the fed level, to finance projects that benefit specific regions or groups of constituents

earmarks definition

money appropriated at the request of a mem of congress with the intention of addressing specific needs or opportunities at the local level

delegate model representation

trying to perfectly mirror their constituents’ views, even if it goes against their personal beliefs

trustee model representation

use their own beliefs, judgment, and expertise to lead to the best decisions

how do Americans view Congress?

negatively

who is underrepresented in Congress?

• hispanics

• people of color

• women

• young ppl