How a bill becomes a law
• Bill must be introduced by a member of Congress
• Bill is referred to a committee for consideration (amendments,
thrown out or pigeonholed)
– May be referred to multiple committees (multiple referral) or
parts (sequential referral)
• Revenue bills (tax reforms) must originate in the House
• Most bills die in committee
– Full House or Senate may use discharge petition to get a bill out
of committee (218 mem)
• Some sent to subcommittee to hold hearings (individuals, interest
groups, Congressional members speak for/against inform, public
support)
• After hearings and mark-up sessions, the committee reports a bill
out to the House or Senate
• Bill must be placed on a calendar to come for a vote before either
House
• House Rules Committee sets the rules for consideration (open vs.
closed debate, time limits set in House)
How a Bill becomes a law (Contd)
• Senate has unlimited debate
– filibuster – unlimited debate, used to eliminate a bill; more
commonly used today due to double tracking – disputed bill is
shelved and business continues
– Filibuster may be ended by a cloture – vote to end debate, 60
senators needed (supermajority)
– Longest filibusters: Strom Thurmond (24 hours continuously),
team of senators- 57 days for Civil Rights Act of 1964
• Bills are debated on the floor of the House or Senate
– Quorum required – minimum number of members present in
House to conduct business (100 members for the Committee of
the Whole which is led by a comm. Chairmen and is debated by
members and amended; 218 for House to vote)
– Open v. closed in House
– Amendments must be germane (relevant) to bill in House
– Riders – provisions attached to a bill that is not germane to the
bill’s purpose in order to get a legislator’s “pet project” passed
many riders on a bill = “Christmas tree bill” – allowed in
Senate
How a Bill becomes a law (Contd)
• If there are major differences in the bill as passed by the House and
Senate, a conference committee is appointed compromise bill
reworked and rewritten then a revote
• Then bill goes to the president
• The president may sign it, let it sit or veto it (president’s check)
– Pocket veto – bill given to President 10 days before end of
Congress session that he does not act on
• If the president vetoes it, it returns to house of origin
• Both houses must support the bill, with a two-thirds vote, in order
to override the president’s veto
• If a bill does not go through entire process within life of 2 year
Congress, must be reintroduced completely next Congress
Founders made the
process long,
cautious, and
deliberate so that
many people could
consider and approve
of a change
-efficiency and haste
is the hallmark to
oppressive
government
Methods of voting
• Voice vote
– Shout “yea” or “nay”
• standing (division ) vote
– Members stand to be counted
• Teller vote
– Members file past the clerk, first the “yeas” and then the “nays”
• Roll-call vote
– Call members names to vote, recorded
• Electronic vote
– Roll call vote that permits members to insert plastic card into slot
(House), recorded
– Vote appears on a “score board” marquee
Resolutions
Congress also passes 3 types of resolutions:
• Simple Resolution
– Either House or Senate
– Establishes rules, regulations or practices
– Does not have force of law, not signed by president
– Ex. Setting a rule, congratulating someone
• Concurrent Resolution
– Comes from both houses
– Settles housekeeping and procedural matters affecting both Houses
– Not signed by president, no force of law
• Joint Resolution
– Requires approval of both houses, signed by president
– Force of law
– Passed when Congress react to an important issue that needs immediate
attention
– Ex. After 9/11 attacks, joint resolution condemning attacks and allowing Bush to
take preliminary military action
Criticisms of Congress
• Pork barrel legislation and Earmarks
– Bills that give benefits to constituents (local bridges and highways) in
hope of gaining votes rather than welfare of entire nation
• Federal money being wasted?
• 2005 Consolidated Appropriations Act – funded 11,000 projects (hall of
fames, theme parks)
• Logrolling
– Members of Congress support another member’s pet projects in
return for support of his or her own project, esp. pork barrel
– “You scratch my back, I’ll scratch yours”
– Non germane riders/amendments added to bills = Christmas Tree Bill
• Abusing franking privilege
• Special interest group influences
• Inefficiency – Gridlock
• Term limits needed?
– Members become unresponsive to their constituents
but expertise needed?
Congressional Caucuses
• Caucus: informal groupings of members of Congress sharing the
same interests of point of view
– created to advocate a political ideology or a regional or
economic interest
– Goal: to shape agenda of Congress by elevating their issue
– Functions: press for committees to hold hearings and organize
votes on bill in their favor
• Intra-party caucuses: members share a similar ideology
(Democratic study group)
• Personal interest caucuses: members share a common interest in
an issue (environment, arts)
• Constituency caucuses: established to represent groups (race and
gender), regions or both (Congressional Black Caucus, Vietnam
Veterans, Congressional Women’s caucus)
Congressional Staff
Growth of staff from 1930-2000
Constituency service is a major task
of members’ staff, many control
local offices
Legislative functions of professional
staff include devising proposals,
negotiating agreements, organizing
hearings, and meeting with
lobbyists and administrators,
scheduling member’s time, dealing
with media
Members’ staff consider themselves
advocates of their employers
# of staffers have increased drastically
over years (over 30,000 staffers;
Senators average 30; House = 15)