How A Bill Becomes A Law. Structure of the Capital.

How A Bill Becomes A Law

Structure of the Capital

How A Bill Becomes

A Law

Overview

Step #1: Introducing A Bill

1. Anyone may introduce a Bill

a) In the House of Representatives:

1) Hand Bill to a clerk2) Drop Bill into a

“hopper”

b) In the Senate:1) Being recognized by

the presiding officer and announcing the bill’s introduction

2. Bill is numbered and sent to a printer

Types of Bills:a) Public- public affairsb) Private-

a) a person pressing a financial claim against the government

b) Seeking special permission for something (citizenship)

(once numerous)

Types of Resolutionsa) Simple (passed by either

house)a) Used for matters such as

establishing the rules under which each body will operate

Types of Resolutions (Cont)b) Concurrent Resolution-

a) Settles housekeeping and procedural matters that impact both houses

Both Simple and Concurrent are not signed by the president and do not have the force of law

c) Joint Resolutions-a) Requires approval of both

houses + the signature of the President

a) Essentially, same as lawb) Often used to propose

constitutional amendments…

Step #1: Introducing A Bill

Rushing Legislation…

Congressional Motivation:

Lengthy processRole of Constituents

Presidential Motivation:Lengthy processCan not introduce bill

himselfParties in PowerMidterm Elections

What happens to bill after Congressional Session ends?

Step #2: Study By Committee

Types of Committees: Standing or Full Committees

21 House & 17 Senate Special or Select Committees Sub Committees Joint Committees Rules Committee Conference Committee Committee of the Whole

1. Bill referred to a committee by either;

a) Speaker of the Houseb) Presiding officer of the

Senate Rules govern which

committee will get a bill Rules vary per house

Step #2: Study By Sub-Committee

2. Referred to a Sub-committee

Small divisions of the Full or Standing Committees

Sub Committees are the research arm of the larger, Full/Standing Committee.

What happens in a subcommittee?

a) Witnesses appearb) Evidence is takenc) Questions are askedd) Hearings used to

a) Inform membersb) Permit interest

groupsc) Build public support

Pros of Hearings

Cons of Hearings

Step #2: Study By Sub-Committee

Multiple Referral- Purpose and effectiveness

Sequential Referral Purpose and effectiveness

3. After hearing, sub-committee “marks up” bill

a) Make revisions and additions

b) Changes do not become part of the bill

a) Unless they are approved by the House of which the committee is apart]

Step #2: Study By Committee

Note about Committees:

Committees may hold bills hostage!

Discharge Petition Full House or Senate can get

a stalled bill out of committee and onto the floor with a d.p. House needs 218 votes Senate needs a motion and a

vote

4. Back to the Standing Committee for a possible vote

a) After being studied in Sub Committee, bills are returned to the full committee for further debate.

If majority of the committee votes to report a bill out of committee, it goes on Accompanied by a report that

explains: Why the committee favored it Why they wish to see its

amendments, if any, adopted

b) If the committee does not report favorably on the bill, the bill dies

Out of Committee…onto Rules

5. Bill must be placed on calendar before it can go before the house again Though it goes on the calendar,

Not considered in order or Necessarily at all

6. Moves onto Rules Committee

Are we done yet? I’m bored

Rules Committee

Adopt a rule to govern the procedures under which the bill will be considered

1. Closed Rule:a) sets strict time limits on

debate b) forbids the introduction of

amendments from the floor (except if offered by sponsoring committee)

2. Open Rule:a) Permits amendments

3. Restrictive Rule:a) Permits some amendments

but not others

Exceptions to the Rules: In House:

1. Member can move that the rules be suspended

Requires 2/3 vote2. A discharge position can be

filed3. House can use the

“Calendar Wednesday Procedure”

Rules are in place to prevent “riders”

Provision added to legislation that is not germane to the bill’s purpose

“Christmas Tree” Bill Purpose of Riders?

THE HOUSE THE SENATE

1. Discussed by “Committee of the Whole”

a) Whoever is present at the timeb) Quorum for C.W.: 100 ppl (usually

218)

2. Speaker chooses presider3. Committee debates,

amends, decides final shape During this time, no riders

allowed- unless related to bill’s purpose

Time for debate divided evenly

5 minutes per person “Quorum Call”- time staller

No rule limiting debate Senators can speak as long

as they want Remarks need not be relevant Anyone can offer an Amendment

at anytime Amendments need not be germane Often had many riders

No Committee of the Whole

If house has passed a bill, Committee hearing can be waived in Senate

Senate Filibuster- time staller

Step #3: Floor Debate

Step #3: Floor Debate

THE SENATE (continued) Filibuster -The use of obstructionist tactics, especially

prolonged speechmaking, for the purpose of delaying legislative action. Strom Thurmond

set a record in 1957 by filibustering the Civil Rights Act of 1957 for 24 hours and 18 minutes, although the bill ultimately passed. Thurmond broke the previous record of 22 hours and 26 minutes set by Wayne Morse (I-OR) in 1953 protesting the Tidelands Oil legislation.

Visited a steam room before his filibuster in order to dehydrate himself so he could drink without urinating. An aide stood by in the cloakroom with a pail in case of emergency.“

Cloture Rule- parliamentary procedure by which debate is ended and an immediate vote is taken on the matter under discussion. Requires 16 Senators for petition Motion is voted on 2 days after petition is introduced To pass, 3/5 of Senate membership is needed- 60 Senators If passed, each Senator is limited to 1 hour of debate After that, total debate can only = 100 hours (including role call)

vs.

Step #3: Floor Debate

Cloture (Continued) Double Tracking-

One way to keep Senate going during cloture Disputed bill is shelved temporarily so that the Senate

can get other work done

Step #4 Voting

1. Voice Vote- a) Yea vs Nay

2. Division (Standing Vote)-a) Stand and be counted(in both, members names are not recorded)

3. Teller Vote- a) the members pass between two tellers..yeas first, nays secondb) Usually recorded

4. Role Call Vote-a) Yea or Nay to people’s namesb) Can be done at the request of 1/5 of reps present

The Senate1. No teller vote and not electronic counters

THE HOUSE

Step #5 (Sometimes): Reconciling Different Bills

If a bill passes the house differently in the House than in the Senate, differences must be reconciled.

If changes minor, last house may refer back to first house to accept alterations

If differences are major, bill goes to conference committee: Each house votes to make committee Members picked by chairperson of the House +

Senate Committees that have been handling the bill 3-15 members per house (depending on bill) Decision must be approved by majority of all

membersBill goes back to each house to accept or

reject

Step #6: Off To The White House

If bill is accepted by both houses, goes to President

President’s options: Sign or veto

If President signs, Bill becomes a law!

If President vetos, bill goes back to Congress Congress can override

with a 2/3 vote of members present in each house (if quorum exists)

Vote must be a roll call

1. Who can propose a bill?

2. How is a resolution different from a bill?

1. Simple

2. Concurrent

3. In which house do “bills for raising revenue” get proposed? Why?

4. Why is it cool to be on the ways and means committee?

5. What does an appropriation mean?

6. Os multiple referral of a bill better than the traditional way of referring a bill?

7. Is the discharge petition useful in speeding things up?

8. Why is adopting a closed rule most common in the House, not in the Senate?

9. How is the “Committee of the Whole” different from a quorum?

10. What are some differences that exist as far as Floor Debate in each house?

11. What is a filibuster?

12. Does cloture help move things along?

13. What are the advantages/disadvantages of a teller vote?

14. Does Congress take too long to accomplish its goal?

15. Are there too many members concerned with self interest?

Review…

The End!