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Day 3 Reading: U.S. Legislative Process

Unit 1: Current Functioning of the United States Government

Overview of the Legislative Process

  • The legislative process in the U.S. Congress is outlined in Article I, Section 7 of the Constitution, but its wording is vague:

    • "Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States…"

    • The term "shall have passed" lacks a specific definition.

    • Article I, Section 5 allows each House to determine its own rules, leading to differing approaches between the House and Senate.

Process in the House of Representatives

Introduction and Referral

  • Introduction:

    • Any member can introduce a bill by placing it in the "hopper" within the House Chamber.

    • The bill must have the sponsor's signature.

  • Referrals:

    • The Clerk of the House assigns the bill a number, and the Speaker of the House refers the bill to the relevant committee(s).

    • The Speaker has considerable power, as they can prevent a bill from being referred to committee.

Committee Consideration

  • Once referred, a bill typically goes to a subcommittee, which is composed of members with relevant interest and expertise.

  • Public Hearings:

    • The subcommittee chair schedules a public hearing, inviting witnesses to testify.

    • Hearings are publicly accessible, except those involving classified information.

  • Mark-Up Sessions:

    • After the hearing, the subcommittee engages in a mark-up session to debate and amend the bill.

    • Amendments require majority approval.

  • Voting:

    • If approved, the bill goes to the full committee for consideration.

    • The full committee votes to either support the amended bill or reject it by tabling.

Reporting and Rules Committee

  • Upon receiving a committee report, the Speaker decides on the House's consideration of the bill.

  • Most bills are referred to the House Rules Committee, which establishes rules regarding:

    • Time allocated for debate.

    • Whether amendments can be offered.

  • Debate Formats:

    • Open Rule: Allows pre-determined amendments.

    • Closed Rule: Prohibits any amendments; members must vote on the bill as presented.

  • The Speaker can delay consideration by holding the bill in the Rules Committee.

Discharge Petitions

  • If a bill is stuck in a committee, supporters can file a "discharge petition" to bring it to a vote on the House floor if they obtain a majority of signatures.

  • Debate on a bill under a discharge petition adheres to a special rule regarding time limits and no amendments.

Final Consideration on the House Floor

  • A quick debate and vote occurs regarding the rules governing debate on the bill; if rejected, the bill cannot be considered.

  • If the rule passes, debate on the bill and any offered amendments follows.

  • Final voting on the bill requires a majority of 218 votes to pass.

Process in the Senate

Majority Leader's Role

  • Similar to the Speaker of the House, the Senate's Majority Leader refers bills to committees and schedules votes.

  • The Majority Leader can block consideration of any bill.

Debate and Amendment Procedures

  • Debate in the Senate is less restricted than in the House:

    • Senators can propose unlimited amendments, including non-germane (irrelevant) amendments.

  • Filibuster:

    • A strategy to prolong debate and delay votes, traditionally requiring continuous speaking on the floor.

    • Senators can now notify leadership of intent to filibuster without continuous speech.

  • Cloture:

    • Requires three-fifths of the Senate (60 votes) to cut off debate and proceed to a vote on the bill.

Final Voting in the Senate

  • After addressing amendments and voting for cloture, the Senate must pass the bill by a simple majority vote.

Conference Committees

  • Conference Committees resolve differences between House and Senate versions of a bill:

    • Membership consists of representatives from both chambers, creating a final bill proposal.

    • The final proposal must return to both chambers for a vote without amendments or filibuster limitations.

    • Both chambers must approve the final version for it to pass.

The President's Role in Legislation

  • Following Congress' approval, the bill is presented to the President:

    • If approved, the President signs the bill into law.

    • If opposed, the President can veto the bill, returning it to the originating chamber with objections.

  • Overriding a Veto:

    • Requires a two-thirds vote in both the House and Senate to become law despite a presidential veto.

  • If the President takes no action within ten days while Congress is in session, the bill automatically becomes law.

    • If Congress adjourns before the ten-day window, the bill dies (pocket veto).

Constitutional Context of Legislative Power

  • Article I, Section 8 outlines Congress' enumerated powers, granting authority to legislate in specific areas.

    • Powers include taxation, commerce regulation, military support, and creation of laws necessary for carrying out these functions (elastic clause).

  • Denied Powers:

    • Article I, Section 9 specifies prohibitions on legislative action.

    • Many laws passed by Congress may extend beyond enumerated powers, leading to debates about federal authority.

Implications of the Legislative Process

  • The complexity of the legislative process requires significant compromise from representatives from both parties.

  • Electoral systems often hinder deal-making and promote extreme positions, complicating effective governance.

Excerpts from the U.S. Constitution

  • Article I, Section 7: Legislative Process and Veto Power.

  • Article I, Section 8: Enumerated Powers of Congress.

  • Article I, Section 9: Denied Powers of Congress.

  • Amendments relevant to congressional authority and legislative enforcement roles, including the 16th Amendment concerning income tax and the 27th Amendment regarding legislative compensation.