Institutions of American Government

Module 4.1: Congress

Section 8: The Legislative Process Revisited

Lesson Objectives

• Describe in detail the Legislative Process

• Predict the probability a bill will pass a chamber based on its committee report

• Develop a plan to ensure passage of a legislative proposal in the US Congress

What does the Constitution Say?• Article 1 Section 7

– All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills

– 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

• If he approve he shall sign it• But if not he shall return it with his objections to that house in which it shall

have originated– Who shall enter the Objections at large on their Journal– And proceed to reconsider it– If after such reconsideration two thirds of that house shall agree to pass the bill,

it shall be sent, together with the objections, to the other house» By which it shall likewise be reconsidered, and if approved by two thirds

that house, it shall become a law. • If any bill shall not be returned by the President within ten days (Sundays

excepted) after it shall be presented to him, the Same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

OK, what does it mean?Bill introduced in HR Bill introduced in Senate

Vote50%+1 Yes?

Vote50%+1 Yes?

No N

o

Dead Bill Dead Bill

Yes Passed other House? Yes

No

Yes

Bill Presented to PotUS

YesApproval?

Yes

PotUS Signs

Law

No

Debate Debate

10 days

Congress in Session?

No

Yes

Action?

NoVeto:Returned

with Objections To

Originating House

Bill reconsidered in SenateBill reconsidered in HR

Vote2/3 Yes?

Vote2/3 Yes?

Reconsidered by other House?

Yes

And that’s the simple explanation!

Question #2

• In order to become a law, a bill must be a. approved by both houses

b. signed by the President

c. approved by the Supreme Court

d. both a and b

Question #3

• Appropriations bills must be introduceda. in the Senate

b. in the House of Representatives

c. in both houses simultaneously

d. through the initiative power

What makes it Worse?

• Article 1 Section 7– 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

– Implications • Both Houses of Congress may amend bills, but • Both Houses of Congress must pass Identical bills

Markup Periods• Two kinds of markup

– Committee markup• Nearly every bill goes through committee markup

– Floor markup• “Regular” bills go through floor markup• “privileged” bills cannot be amended

– Bills under reconsideration after a veto– Commemorative and congratulatory resolutions– Other bills recommended by Rules committee or Floor leaders

• Markup periods slow down the legislative process• Markup periods generally result in two different versions of a legislative

proposal– House version– Senate version

• Article 1 section 7 requires the House and Senate to pass identical bills.

– House and Senate versions of a bill must be reconciled– Reconciliation results in a new “compromise” bill

Question #4

• What is a markup period?a. A markup period is a timeframe within which interest

groups may propose changes to a billb. A markup period is a timeframe within which

committee members seek public comment on a proposal

c. A markup period is a timeframe within which members of a legislative body may propose changes to a bill

d. A markup period is a timeframe within which members of a legislative body attempt to override a veto

Question #5

• What is distinct about privileged bills?a. Privileged bills must be considered ahead of

other bills on the legislative calendar

b. Privileged bills must be voted on before any other bill can be debated

c. Privileged bills are those favored by the floor leadership

d. Privileged bills cannot be amended

The Process in the HouseIntroduction

Referral to Standing CommitteeBy House Speaker

Referral to Sub Committees

Rules Committee Influence

Committee Markup Period

Committee ReportIncludes recommendations to the Floor

Committee Staff Influence

Committee Staff Influence

Rules Committee Influence

Pass with Amendment Do not Pass

Pass

Question #6

• In the House of Representatives the discharge petition is used to

a. force the Speaker to take action on a bill.

b. Prevent the president from using the pocket veto

c. To force a bill from committee consideration

d. Delay action on a bill that has the support of the majority

Question #7

• What is included with every committee report?

a. a recommendation to the floor, either to pass, not pass, or pass with amendment

b. a statement of the bill’s legislative intent

c. a summary of the major provisions of the bill

d. all of the above

After the Report in the HouseCommittee Report

Includes recommendations to the FloorReferral to Rules Committee

By House Speaker

Rules Committee ReportIncludes recommendations to the Floor

SchedulingSet Time limits

Amendment period

Adopt Rules?Rules Committee

recommendations implemented

Floor Markup Period? Yes

Debate according to adopted rules

Yes

No

Allow amendments from floor according to adopted rules

NoVote:

Amendments firstAmended bill last

The Process in the SenateIntroduction

Referral to Standing CommitteePresident pro tempore

Referral to Sub Committees

Majority Leader Influence

Committee Markup Period

Committee ReportIncludes recommendations to the Floor

Committee Staff Influence

Committee Staff Influence

Majority Leader Influence

Pass with Amendment Do not Pass

Pass

After the Report in the SenateCommittee Report

Includes recommendations to the FloorAction by Floor Leaders

Majority & Minority

Scheduling Terms of Debate

Amendment period

Floor Markup Period?Yes

Floor DebateSenatorial privilege of unlimited Debate

Amendments from floor accepted by floor leaders

NoVote:

Amendments firstAmended bill last

Question #8

• Which of the following best describes cloture?a. The use of the privilege of unlimited debate in the

Senate to block further action on a bill, resolution or confirmation

b. The use of the privilege of unlimited debate in the House to block further action on a bill, resolution or confirmation

c. The suspension of privilege of unlimited debate in the Senate to force action on a bill, resolution or confirmation

d. The suspension of privilege of unlimited debate in the House to force action on a bill, resolution or confirmation

Vote

Markup & Debate

Committee Report

Committee Markup

Referral by Pres. pro tem

Vote

Committee Markup

Passing the BillBill introduced in HR

Referral by Speaker

Committee Report

Rules Committee

Markup & Debate

Bill introduced in Senate

Majority & MinorityFloor Leader

House Version Senate Version

ConferenceCommittee

Speaker AppointsHouse members to

Majority Leader Appoints Senate members to

Reconcile Differences?

DebateNo Amendments

allowed

Yes

Compromise legislation

(Privileged bill)

ConferenceCommittee Report

ConferenceCommittee Report

DebateNo Amendments

allowed

Bill Presented to PotUS

No

Dead Bill

Question #9

• Before a bill passes to the floor for debate, what must happen?

a. The standing committee considering the bill must deliver a report on it to the full chamber

b. The standing committee considering the bill must deliver a report on it to the full chamber with recommended action

c. The standing committee considering the bill must issue a recommendation to the full chamber

d. The standing committee considering the bill must deliver a report to the presiding officer

Question #10

• The typical order in which a floor vote occurs for a legislative proposal is

a. First, the original bill; then amendments to the bill

b. First, amendments to the bill; then the amended bill

c. First, the original bill, then amendments; finally, the amended bill

d. First, individual amendments to the bill, then the original bill; finally the slate of amendments to the bill

Activity

Answer one of the following questions:You are a freshman House member from the majority party. You sponsor a bill

that has strong support among your constituents, but only a dozen co-sponsors. The Speaker, the floor leader and the principal whip are not on the list. It is referred to a committee that you do not sit on. How do you get it out of that committee and onto the floor for debate?

You are the chair of the Senate Finance Committee and up for re-election. The House has just passed a version of a well-publicized spending bill that you do not support. It has been referred to your committee in the Senate as well as to the Ways and Means Committee. The Ways and Means Chair supports the bill, as do your constituents. How do you make sure the bill fails, but still manage to keep your seat?