Bill Making Process

• Where do bills come from?

  • Either house of Congress except

    • Bills related Raise revenue or tax laws ONLY proposed by the House (Article 1 Section 7)

  • Give or take 2-5% become laws every 2 years

  • Amount of bills passed depends on:

    • Divided government- At least one of the 3 (HR, Senate, President) are of differing parties

      • *Bipartisan: Both parties support

    • Government trifecta- All 3 are of the same political party—more bills passed

• Authors of Potential legislation

  • Staffers- writes legislation for Congressmen based on their beliefs

  • Lobbyists- People asking Congressmen to present bills

  • Executive branch

• What happens after someone writes a bill

  • Sponsor presents it and bill gets titled/numbered

    • i.e. Example “S.1.” or “H.R. 8/13”

  • Placed in a specific (or several) committees (i.e. energy, transportation, public education, money)

    • Original bill gets modified

• House

  • Amendments to the bill must be germane (related)

  • Open and Closed Rule- Open rule can be anyone in the House add amendment; closed only those in committee can

• Senate

  • Amendments to the bill can be non-germane (unrelated) for the most part

• Omnibus Bill

  • Think of ornaments to a Chirstmas tree—once revised/amendments added bill becomes completely different no longer the intent of the bill

• Earmarks

  • Funding for specific projects added on to bills

  • Pork Barrel Spending- request for specific funds for projects that benefit your constituents

• Assigning bills to committee

  • Senate: Majority leader assigns bills

  • House: Speaker (later House Rules Committee)

    • Sometimes sent to many committees

      • Military spending Bill

      • Bill concerning land

    • Hearings, Markup Reporting Out- bill is amended, worked on, approved etc.

    • Once a bill is placed on a committee is where it dies*

    • Summary, amend, yeas and nays to bring it to the House floor to vote —> restart process in Senate

• What is needed for bills to pass in Congress?

  • Must pass both houses by a simple majority (for the most part)

  • President can sign or veto

  • Vetoed bill can become law with 2/3 vote

  • Judicial branch may practice judicial review

• Pocket Veto- President has 10 days to sign a bill however if Congressional session ends within 10 days unsigned bill must go through legislative process again

Bill making process Committees Review

• Intro to committees

• Standing Committee- will NEVER be removed

  • Ex. Appropriations (designate money to states) Committee

• Select Committee-temporary committee created by coalition in Congress to address pressing concern (often for investigation)

  • Energy Independence and Global Warming Committee

• Joint Committee- Senate and House members come together to preserve documents

  • Committee on the Library of Congress

• Conference Committee

  • Different versions of the same bill

  • Here’s a breakdown of the various congressional committees in terms of their existence in the House, Senate, or both, the type of committee, and their roles and responsibilities:

    ---

    ### 1. Judiciary

    - Exists in: Both House and Senate

    - Type of Committee: Standing Committee

    - Role/Responsibilities: The Judiciary Committees are responsible for overseeing the administration of justice within federal courts, administrative agencies, and law enforcement entities. They handle issues related to civil liberties, constitutional amendments, immigration, antitrust laws, and criminal law. In the Senate, they also play a key role in the confirmation of federal judges and justices.

    ---

    ### 2. Agriculture, Nutrition, and Forestry

    - Exists in: Senate only

    - Type of Committee: Standing Committee

    - Role/Responsibilities: This Senate committee focuses on legislation concerning agriculture, forestry, and nutrition. It covers matters like farm bills, rural development, food safety, agricultural research, and hunger-related programs like the Supplemental Nutrition Assistance Program (SNAP).

    ---

    ### 3. Energy and Commerce

    - Exists in: House only

    - Type of Committee: Standing Committee

    - Role/Responsibilities: The Energy and Commerce Committee handles legislative matters related to energy, telecommunications, consumer protection, public health, and interstate commerce. It is one of the oldest standing committees in the House and has a broad jurisdiction, including oversight of agencies like the Department of Energy and the Federal Communications Commission (FCC).

    ---

    ### 4. Armed Services

    - Exists in: Both House and Senate

    - Type of Committee: Standing Committee

    - Role/Responsibilities: These committees in both chambers deal with national defense issues. They oversee the Department of Defense, military operations, defense policies, and military personnel matters. They also play a role in authorizing defense budgets and national security policy.

    ---

    ### 5. Foreign Relations

    - Exists in: Senate only

    - Type of Committee: Standing Committee

    - Role/Responsibilities: This committee handles U.S. foreign policy and relations with other countries. It has jurisdiction over treaties, diplomatic appointments, foreign aid, and international organizations. It also plays a critical role in confirming key diplomatic positions, including ambassadors.

    ---

    ### 6. Finance

    - Exists in: Senate only

    - Type of Committee: Standing Committee

    - Role/Responsibilities: The Senate Finance Committee oversees matters related to taxation, revenue generation, and fiscal policy. It also handles programs like Social Security, Medicare, and Medicaid, along with tariffs, trade agreements, and debt management.

    ---

    ### 7. Rules

    - Exists in: House only

    - Type of Committee: Standing Committee

    - Role/Responsibilities: The House Rules Committee determines the rules for the debate of bills on the floor of the House. It sets the terms for how long a bill can be debated, whether amendments can be offered, and how the voting process will be handled. It is often referred to as the "traffic cop" of the House due to its influence on the legislative process.

    ---

    ### 8. Ways and Means

    - Exists in: House only

    - Type of Committee: Standing Committee

    - Role/Responsibilities: This is the chief tax-writing committee in the House. It has jurisdiction over all taxation, tariffs, and revenue-raising measures. The committee also oversees programs like Social Security, unemployment insurance, and public assistance programs.

    ---

    ### 9. Committee to Investigate the January 6 Attack on the U.S. Capitol

    - Exists in: House only (Select Committee)

    - Type of Committee: Select Committee

    - Role/Responsibilities: This was a temporary, select committee formed in the House to investigate the January 6, 2021, attack on the U.S. Capitol. Its role was to collect facts, examine evidence, and issue a report on the events surrounding the attack, including the causes, individuals involved, and recommendations to prevent future occurrences.

    ---

    ### 10. Banking, Housing, and Urban Affairs

    - Exists in: Senate only

    - Type of Committee: Standing Committee

    - Role/Responsibilities: This committee handles legislation related to banking, financial institutions, housing policy, urban development, and international finance. It also oversees the Federal Reserve, housing programs like HUD, and matters involving public and private housing finance.

    ---

    ### 11. Education and Workforce

    - Exists in: House only

    - Type of Committee: Standing Committee

    - Role/Responsibilities: This committee handles issues related to education, labor, and workforce development. It oversees federal education policies, including student loans and higher education, as well as workplace safety, wage standards, and workers' rights.

    ---

    ### 12. Appropriations

    - Exists in: Both House and Senate

    - Type of Committee: Standing Committee

    - Role/Responsibilities: The Appropriations Committees are responsible for allocating federal funds to government agencies, departments, and programs. They play a key role in determining the funding levels for various federal initiatives and have a large influence on government spending.

    ---

    ### 13. Committee on the Strategic Competition Between the U.S. and the Chinese Communist Party

    - Exists in: House only

    - Type of Committee: Select Committee

    - Role/Responsibilities: This is a newly established select committee in the House that focuses on the strategic competition between the U.S. and the Chinese Communist Party. It explores economic, political, and security-related issues, investigating China’s influence on the global stage and its impact on U.S. interests.

    ---

Background Information

• Craft legislation that sets out national policy

• Constitutional Convention

• Incumbents vs Challengers

  • Incumbents have advantage of being elected since they are recognizable

• Committee chairs- seniority advantage—those who were in senate longer more likely to be selected

• Congressional (Legislative) Oversight- ability of Congress to oversee other branches

Structure of Congress- Bicameral Legislature

House-

• More constitutional responsibilities due to short 2 year terms

• Closer relationship with constituents

• Direct election

• District has more than 700,00 inhabitants

Senate-

• Protected from public opinion due to 6 year terms

• Broad/diverse relationship

• State legislature (until 17th amendment allows us to directly elect senators)

• Represent the whole state

Duties and Powers of Congress

• Enumerated/Elastic/Explicit/Delegated Powers- directly in the Constitutions

  • Power to raise tax, Regulate commerce with foreign nations, Naturalization

• Elastic/Implicit Powers- up to interpretation

  • McCulloch v. Maryland 1819, Department of Education, Marriage

• Power of the Purse-

  • raise revenue/tax

  • power to approve spending by the federal government

  • Congress appropriates public money

  • Tends to spend more than they take it

• Commerce:

  • Gibbons v Ogden 1834

  • Civil Rights Act 1964- right to refuse service think lunch counters

  • Commerce Clause defined- govt. used commerce clause to pass civil rights act

• Foreign and Military Affairs

  • Congress declares war

  • Executive extended- President can deploy troops

    • Truman and the Korean War

    • Gulf of Tonkin Resolution

  • War Powers Resolution Act- modern checks and balances; Executive can deploy troops must inform Congress within 48 hours then Congress has a 60-90 day period to decide whether they support or want to withdraw troops

• House

  • Introduce revenue Bill

  • Select president- total of 538 electoral votes (first to 270 wins presidency)

  • Impeach

    • Treason, bribery, high crimes and misdemeanors

    • House of Representatives:

      • Initiates Impeachment: The House has the exclusive authority to initiate impeachment proceedings. This begins with an investigation, often led by a committee, to determine if there are grounds for impeachment.

      • Impeachment Vote: If the committee finds sufficient grounds, the full House votes on articles of impeachment. A simple majority is required to approve the articles—218

    • Senate:

      • Conducts the Trial: Once the House approves the articles of impeachment, the Senate conducts a trial to determine whether to convict and remove the official from office. The Chief Justice of the Supreme Court presides over the trial if the President is being impeached.

      • Conviction Vote: After the trial, the Senate votes on whether to convict the official on the articles of impeachment. Conviction requires a two-thirds majority vote.

    • Ways and Means Committee oversee tax policy and revenue

    • 1998 Impeachment

    • 2019 impeachment

    • 2021 impeachment

  • Senate

    • Advice and Consent- senators can give nominations for people they are likely to approve

    • Check on the president

    • Origins of the Advice and Consent

    • Presidential appointments

    • Approve treaties with foreign nations

    • Senate Trial

      • 2019 Trial

      • 2021 Trial

• Redistricting

  • Every 10 years re-shaped congressional districts

  • Party in power of state legislature has the biggest impact

  • Gerrymandering

    • Illogical district lines that give advantage to one party

    • Baker v. Carr and Shaw v. Reno

• Positions

  • Speaker of the House- Oversees the House of Representatives

  • President of the Senate (Vice President of the US)- Tiebreaker

  • President Pro Tempore- oversees Senate if the President of the Senate is not present

  • Majority and Minority Leaders (House + Senate)- Majority leader for majority political party minority leader for minority political party; Organize congressmen

  • Majority and Minority Whip- Ensure members vote along party lines

• *Models for Congressional Voting

  • Partisan Model- Follows the beliefs of their respective party

  • Delegate Model- Follows the will of their constituents (constituents may directly tell them what they want)

    • Ex. Understanding of their constituency—Living in Florida with lots of retirees voting on bill for social security knows they should advocate for greater social security

  • Trustee Model- Constituents trust congressmen/women to use their best judgement

  • Politico Model- Situational applications of delegate and trustee models

    • Ex. Send out a poll to 1M constituents about what they want, only 1000 responses—make educated judgement based on limited info and small understanding of constituents

House v. Senate Rules

• Rules in the House

  • Important Committees:

    • Ways and Means Committee- Determines tax policy

    • Rules Committee

      • Defines guidelines for debate

      • Determines what bills reach the House floor—assign bills to committee split between rules committee, house speaker

      • Assigns, schedules, debate, and vote on bills

  • *Limited Debate

    • About 40 mins to 1 hour max; each person only around 1 min to speak

    • Majority and Minority Leader set the speaker schedule and have opening speech—can speak as long as they want

  • Hierarchy: Speaker of the House → Majority leader → Minority leader → Majority Whip → Minority Whip

  • Germane amendments to bills

• Senate

  • Senators can speak for as long as they want

  • *Filibuster- Tactic to talk as long as possible to avoid passage of the bill

    • Main point is to represent the view of the minority

      • Star Wars! More Ted

    • Cloture rule- way to end a filibuster

      • For bills need 60 senators to invoke cloture → generally need 60 votes to pass a bill

      • Court nominees- only need simple majority 51 votes

  • Foreign policy functions

    • Ratify/deny treaties-

    • Federalist 75- mostly senate for foreign policy decisions

Budget Items

• Only congress can mess with the budget/money

  • Office of Management and Budget

  • President oversight

• Sources of Revenue

  • Income tax (50%)

  • Corporate (Income tax - tax on corporations and businesses

  • Social insurance taxes - social security and medicare - take ur money before and give it back

  • Tariffs and excise taxes - imports, exports, etc

  • excise-tax on soecific goods

• Government Spending - usually in a deficit

  • Mandatory Spending.

    • Majority of spending

    • The spending must take place bc of laws by gov't: social security, Medicare,funds for people who need it

• Discretionary Spending

  • Congressional committees discuss these payments: Transportation, environment, housing

Government shutdown: jobs and stuff do not get funded, people don't go

Notable Court Cases-

• Baker v. Carr (1962) is a landmark U.S. Supreme Court case that addressed the issue of legislative reapportionment, which refers to the drawing of legislative district boundaries based on population. The case originated in Tennessee, where the state’s General Assembly had not redistricted since 1901, despite significant population growth and shifts over time. As a result, rural areas were overrepresented, and urban areas, particularly in cities like Memphis, were severely underrepresented in the state legislature.

  Background:

  Charles Baker, a resident of Shelby County (Memphis), filed a lawsuit against Joe Carr, Tennessee’s Secretary of State, arguing that Tennessee’s failure to reapportion legislative districts violated the Equal Protection Clause of the Fourteenth Amendment. Baker claimed that his vote in an urban district carried less weight than the votes of individuals in rural districts because of the disproportionate representation.

  Issue:

  The primary legal question in Baker v. Carr was whether the federal courts had the authority to intervene in and decide cases involving legislative reapportionment. Traditionally, courts had considered such matters "political questions" that were outside the scope of judicial review, a principle established in earlier cases like Colegrove v. Green (1946).

  Supreme Court Ruling:

  In a 6-2 decision, the Supreme Court ruled that federal courts do have jurisdiction to hear cases related to legislative apportionment. The Court did not decide on the specific issue of whether Tennessee’s apportionment was unconstitutional but rather established that cases of legislative apportionment could be reviewed under the Equal Protection Clause of the Fourteenth Amendment.

  The Court's decision was authored by Justice William J. Brennan, who outlined that reapportionment cases did not involve "political questions" but rather issues of constitutional rights, making them appropriate for judicial review. This opened the door for future litigation concerning voting rights and the principle of "one person, one vote."

  Significance:

  - The Baker v. Carr decision marked a significant shift in the role of the judiciary in reviewing cases related to voting and representation—Congressional redistricting was subject to Judicial Review

  - It set the stage for subsequent decisions, such as Reynolds v. Sims (1964), which established the principle that legislative districts must be roughly equal in population, ensuring fairer and more equitable representation.

  - The case laid the foundation for modern judicial review of electoral districting and significantly impacted the way political power is distributed in the United States.

• Shaw v. Reno (1993) is a pivotal U.S. Supreme Court case that addressed the constitutionality of racial gerrymandering, where legislative districts are drawn with race as the predominant factor. The case arose from North Carolina's congressional redistricting plan and dealt with the question of whether the use of race in redistricting violates the Equal Protection Clause of the Fourteenth Amendment.

• Background:

  In the early 1990s, North Carolina needed to create new congressional districts following the 1990 census. The state submitted a redistricting plan to the U.S. Department of Justice, which had to approve it under the Voting Rights Act of 1965. The original plan included only one majority-Black district, despite the fact that Black voters made up a large portion of the state's population. The Department of Justice rejected the plan and insisted on creating a second majority-Black district to ensure proper minority representation.

  North Carolina responded by drawing a second majority-Black district, but this new district (District 12) had an extremely irregular shape, stretching along a highway for 160 miles and connecting predominantly Black communities across the state. The district's shape led some residents, including Ruth O. Shaw and others, to file a lawsuit, arguing that the district was drawn solely based on race and that this constituted racial gerrymandering, violating the Equal Protection Clause.

  • Issue:

  The key issue before the Court was whether North Carolina's creation of a racially-based district violated the Equal Protection Clause of the Fourteenth Amendment by focusing too much on race when redrawing legislative boundaries.

  • Supreme Court Ruling:

  In a 5-4 decision, the Supreme Court ruled in favor of Shaw and the plaintiffs. Justice Sandra Day O'Connor wrote the majority opinion, stating that while race-conscious redistricting aimed at preventing racial discrimination in voting is permissible under certain circumstances, the bizarre and irregular shape of District 12 suggested that the redistricting process was driven predominantly by racial considerations. The Court held that this kind of racial gerrymandering could violate the Equal Protection Clause if it led to the segregation of voters based on race without a compelling justification.

  The ruling did not outlaw majority-minority districts altogether but clarified that redistricting based predominantly on race must be subject to strict scrutiny. This meant that such districts must serve a compelling governmental interest, like remedying past racial discrimination, and be narrowly tailored to achieve that interest.

  • Significance:

  - Shaw v. Reno established that racial gerrymandering is subject to strict judicial scrutiny under the Equal Protection Clause.

  - The case introduced the idea that while states can create majority-minority districts to comply with the Voting Rights Act, they cannot use race as the primary factor in drawing district lines without a compelling reason.