CHAPTER
12
CONGRESS
IN ACTION
CONGRESSIONAL LEADERSHIP house leadership
SPEAKER – PRESIDING OFFICER OF THE HOUSE
o ELECTED
BY PARTY CAUCUS
§
USUALLY THE SENIOR MEMBER OF THE MAJORITY PARTY
o SPECIFIC POWERS
§
PRESIDES OVER
THE HOUSE
§
MAINTAINS ORDER
§
ONLY REQUIRED TO VOTE TO BREAK A TIE
o IF HE
CHOOSES TO ENTER FLOOR DEBATE, HE MUST
VACATE THE CHAIR
-
PRESIDENT OF THE
SENATE – THE VICE PRESIDENT
o HIS ONLY
CONSTITUTIONAL DUTY IS TO VOTE IN CASE OF A TIE
-
PRESIDENT PRO TEMPORE
OF THE SENATE
o HE
PRESIDES OVER THE SENATE IN THE ABSENCE OF THE V.P.
-
MAJORITY AND
MINORITY LEADERS
o ELECTED
BY PARTY CAUCUS
o CHARGED
WITH THE DUTY OF MANAGING THE PARTY’S
INTERESTS ON THE CONGRESSIONAL FLOOR
§
ACTS AS LEGISLATIVE STRATEGIST
·
STEERS FLOOR ACTION TO THE BENEFIT OF THE PARTY
o SETS THE
LEGISLATIVE AGENDA
§
USUALLY BIPARTISAN
-
MAJORITY AND
MINORITY WHIPS
o ELECTED
BY PARTY CAUCUS
o ASSIST
THE FLOOR LEADERS
o RESPONSIBLE
FOR “GETTING THE VOTE OUT”
CAUCUS
-
Def – CLOSED MEETING OF A POLITICAL PARTY IN
CONGRESS
-
DEALS MAINLY WITH PARTY MATTERS
o SELECTS
PARTY FLOOR LEADERS
o HANDS OUT
COMMITTEE ASSIGNMENTS
o WORKS FOR
CONCERTED PARTY ACTION
§
MAINTAINS PARTY DISCIPLINE
SENIORITY
-
Def – CONSECUTIVE YEARS OF SERVICE
-
THE DEFINING FACTOR THAT INFLUENCES POWER IN
CONGRESS
THE COMMITTEE SYSTEM
-
THE REAL WORK OF CONGRESS IS DONE IN COMMITTEE
§
REPRESENTATION ON COMMITTEES REFLECT A POLITICAL
PARTY’S RELATIVE STRENGTH IN CONGRESS
§
HOUSE RULES LIMIT EACH MEMBER TO ONE STANDING
COMMITTEE ASSIGNMENT
§
SENATORS CAN SERVE ON MORE THAN ONE
-
COMMITTEE CHAIRMEN
o ALWAYS
COME FROM THE MAJORITY PARTY
o SELECTION
BASED UPON SENIORITY
o CRITICISM
§
IGNORES ABILITY OF YOUNGER CONGRESSMEN
§
SOME CONGRESSMEN ARE OUT OF TOUCH WITH THE PULSE OF
THEIR CONSTITUENCY AND NATIONAL ISSUES
o ADVANTAGE
§
THE EXPERIENCE ACQUIRED IN CONGRESS FACILITATES THE
PASSAGE OF LEGISLATION
-
TYPES OF
COMMITTEES
o STANDING COMMITTEES – PERMANENT COMMITTEES
§
MOST POWERFUL COMMITTEES
§
HOUSE RULES
COMMITTEE
·
ACTS AS A TRAFFIC COP – HAS LIFE OR DEATH
IMPLICATIONS FOR PROPOSED LEGISLATION
o SELECT COMMITTEES – TEMPORARY COMMITTEES
§
MEMBERSHIP CHOSEN BY PRESIDING OFFICER
§
USUALLY INVESTIGATIVE IN NATURE
o JOINT COMMITTEES
§
MEMBERSHIP INCLUDES BOTH SENATORS AND
REPRESENTATIVES
§
EX - CONFERENCE
COMMITTEE
·
CREATED FOR PURPOSES OF SAVING TIME
HOW A BILL BECOMES A LAW
-
PRINCIPLE SOURCES
OF PROPOSED LEGISLATION
o
BUSINESS AND
INDUSTRY
o
LOBBIES AND PACS
o
THE EXECUTIVE
BRANCH
-
LEGISLATION MUST
BE PROPOSED BY EITHER A SENATOR OR A REPRESENTATIVE
o
PETITION IS
NOT USED AT THE NATIONAL LEVEL
o
APPROPRIATION
BILLS MUST ORIGINATE IN THE HOUSE OF REPRESENTATIVES
-
THE PROCESS
( BEGINNING IN THE HOUSE)
o
A BILL CAN BE
INTRODUCED BY ANY REPRESENTATIVE BY DROPPING IT INTO THE HOPPER
o
IT IS NUMBERED
AND GIVEN ITS FIRST READING BY THE CLERK
o
IT IS SENT TO THE
PERTINENT STANDING COMMITTEE
§
TYPICALLY IT IS
SENT TO A SUBCOMMITTEE
·
HEARINGS ARE HELD
WHEN TESTIMONY BOTH FOR AND AGAINST THE PROPOSED LEGISLATION IS PROVIDED BY
EXPERTS
·
LEGISLATION IS
PUT INTO DRAFT FORM AND SENT BACK TO THE STANDING COMMITTEE
o
OPTIONS OF THE
STANDING COMMITTEE
§
PIGEONHOLE
·
POWERFUL
COMMITTEE CHAIRMEN CAN SHELVE
LEGISLATION
o
TANTAMOUNT TO
KILLING LEGISLATION
·
CAN BE FORCED OUT
OF COMMITTEE BY A DISCHARGE PETITION
§
AMEND LEGISLATION
§
SEND BACK TO THE SUB-COMMITTEE
BY FURTHER HEARINGS
§
REPORT FAVORABLY
TO THE FLOOR
o
WHEN IT REACHES
THE FLOOR IT IS PLACED ON A CALENDAR
§
HOUSE CALENDAR -
BILLS OF NATIONAL CONCERN
§
UNION CALENDAR
- APPROPRIATIONS BILLS
§
PRIVATE CALENDAR - LOCAL CONCERNS
§
DISCHARGE CALENDAR - RESULTING FROM DISCHARGE PETITIONS
§
SENATE - SENATE CALENDAR
o
IF A QUORUM (MINIMUM REQUISITE TO DO
BUSINESS)IS NOT PRESENT IN THE HOUSE IT CAN ADJOURN AND RESOLVE ITSELF INTO THE
COMMITTEE OF THE WHOLE
o
DEBATE ON THE FLOOR
§
THE HOUSE LIMITS
DEBATE (MAX. 1 HR.) BECAUSE OF ITS SHEER SIZE
§
DEBATE CAN BE
TERMINATED AND AN ISSUE CAN BE BROUGHT UP FOR A VOTE BY MOVING THE PREVIOUS QUESTION
§
THE SENATE,
SMALLER IN SIZE AND ORGANIZED MORE INFORMALLY, ENJOYS UNLIMITED DEBATE
·
IN THE
SENATE CLOTURE CAN END A FILIBUSTER
o
Def- AN ATTEMPT TO TALK A BILL TO DEATH)
o
A 3/5THS VOTE IS
NEEDED TO STOP A FILIBUSTER
o
TYPES OF VOTES
§
VIVA VOCE -
VOICE VOTE - MOST OFTEN UTILIZED BY CONGRESS - “AYE” OF “NAY”
§
STANDING VOTE
§
TELLER VOTE
§
ROLL CALL - MOST
CONCISE - USED TO DETERMINE ACCOUNTABILITY
§
ELECTRONIC VOTE
– ONLY ON THE HOUSE
o
IF A BILL
RECEIVES A MAJORITY VOTE, IT GOES TO THE SENATE
o
IF THE SENATE
VERSION DIFFERS, THE BILL IS SENT TO A CONFERENCE COMMITTEE TO IRON OUT THE
DIFFERENCES
-
PRESIDENTIAL OPTIONS
o
SIGN IT
o
VETO IT
o
IF LEGISLATION
SITS ON THE DESK OF THE PRESIDENT FOR 10 DAYS WHILE CONGRESS IS IN SESSION. THE
BILL BECOMES LAW W/O THE SIGNATURE OF
THE PRESIDENT
§
A PRESIDENT WILL
ALLOW THIS TO HAPPEN TO SHOW HIS DISAPPROVAL OF THE LEGISLATION
o
POCKET VETO
§
IF CONGRESS
ADJOURNS BEFORE THE 10 DAY WAITING PERIOD IS UP
§
THE PRESIDENT
WILL ALLOW THIS TO HAPPEN WITH CONTROVERSIAL LEGISLATION WHERE HE CHOOSES NOT
TO TAKE A STAND
o
AT ONE TIME A
PRESIDENT HAD THE OPTION OF LINE ITEM
VETO
§
THIS WOULD ALLOW
THE PRESIDENT TO ELIMINATE RIDERS
FROM APPROPRIATION BILLS
·
Def – A
CONTROVERSIAL PIECE OF LEGISLATION WHICH CANNOT OBTAIN PASSAGE ON ITS OWN
MERITS BUT WHICH IS ATTACHED TO FAVORABLE OR ESSENTIAL LEGISLATION IN HOPE OF
PASSAGE
CONGRESSIONAL RESOLUTIONS
-
JOINT RESOLUTIONS
o
USUALLY DEAL WITH
UNUSUAL OR TEMPORARY MATTERS
§
PROPOSE
CONSTITUTIONAL AMENDMENTS
§
ADMIT NEW STATES
OR ACQUIRE TERRITORY
§
THEY HAVE
THE FORCE OF LAW
-
CONCURRENT RESOLUTIONS
o
USED BY CONGRESS
TO STATE A POSITION
§
EX - USED BY
CONGRESS TO APPROVE THE INVASION OF IRAQ AND OUST SADAAM
HUSSEIN
§
EX - GULF OF
TONKIN RESOLUTION
§
DOES NOT HAVE THE
FORCE OF LAW
ANECDOTAL INFORMATION