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The Law Making Process
What happens in Congress
Jan 3rd House of Reps. has to reorganize because
all seats were up for election. ◦ No sworn in members◦ No rules◦ No organization
Speaker is chosen in a Caucus – (Conference of Party members)
Opening Day Of Congress – House of Representatives
The speaker of the House is by tradition a senior member of the majority party. He is sworn in by the Dean (member with the longest record of service)
The constitution only states there will be a speaker. Job is to
◦ Preside and keep order◦ Recognize speakers◦ Interpret rules◦ Refer bills to committee◦ Rules on points of order◦ Puts a question to vote◦ Determines the outcome of votes taken◦ 2nd in line for Presidency◦ Usually abstains (chooses not to vote) must in case of tie
Current Speaker is John Boehner
Speaker
No reorganization needed because it is a continuous body.
According to constitution, the president of the senate is the Vice-President.
The Vice-President’s job is to:◦ Recognize members◦ Put questions to a vote◦ May only vote to break tie.
A President Pro-Tempore takes over if the Vice-President is absent and is a member of the majority party.
Senate
When Congress is organized a Joint Session is called. This is when the President will deliver the STATE OF THE UNION ADDRESS.
Quorum – Number of people that must be present in order to carry out official business.
Congress
President reports on the ◦ State of the nation◦ Outlines policies◦ Plans◦ Specific legislation
State of the Union Address
A member from the majority and minority party in each house. They are legislative strategist.
Floor leaders are assisted by Whips.◦ They line up party votes.
Floor Leaders and Whips
Decide when Committees meet. Which Bills they consider. Decide whether to hold meetings in public. And What witnesses to call.
◦ Subpoena – an order to appear.◦ Junket – A fact finding trip taken by congressmen at
taxpayers expense.
SENIORITY RULE: By unwritten custom, the most important committee post are awarded by seniority. (disadvantage: it ignores ability, advantage: it ensure experience in key positions)
Committee Chairpersons
Standing Committees – Permanent groups to which all similar bills are sent. The Speaker and the Vice Pres. are responsible for assigning bills to the appropriate committee. (22 in H.O.R./17 in Senate)
Members of the House of Reps. may serve on 1 major committee – The Senate may serve on 2.
Subcommittees – Divisions of existing committees formed to address specific issues.
Committees
House Rules Committee – Manages the scheduling of bills for consideration by the full house.◦ In the Senate the majority floor leader controls the appearance of
bills. Majority floor leader is Harry Reid
Select Committees – Special groups set up for a specific purpose and for a limited period of time (Watergate, Benghazi)
Joint Committee – Composed of members from both houses. Some are permanent, while others are temporary. Organized to deal with issues of common concern.
Conference Committee – temporary committees organized to resolve differences in similar bills passed in both houses. ◦ NOTE: In order for a bill to become law, it must pass both houses in
the exact same form.
Committees
Bill – Is a proposed law.◦ Public Bills – apply to entire nation (Obamacare)◦ Private Bills – pertain to a certain person or place
($85,000 to rancher who lost sheep from Yellowstone Grizzly Bears).
Only a member of congress can introduce a bill. Over 5,000 bills are introduced a year. Less than 10% ever become law. Most die in committee.
◦ Pigeonhole – Taking no action on a bill and it dies in committee.
◦ Discharge Petition – A tool used by a majority vote to blast a bill out of committee.
Bills
Bills originate from members of congress, the executive branch, special interest groups, private citizens. Anyone can write a bill, but again only a member of congress can introduce it.
Bills
Riders – is a provision not likely to pass on its own merits that are attached to an important measure certain to pass.
Hopper – box on the side of the clerks desk where bills are introduced.
Bills
Joint resolutions – deal with temporary or unusual matters and have the force of law.
Concurrent resolutions – deal with common concerns and does not have the force of law.
Resolutions – deal with matters concerning only one house.
Resolutions
Two most common ways of voting are by Voice and Electronic.
Voting
House of Representatives: Debate is strictly limited, members must stay on the subject at hand
Senate – Debate is not strictly limited – Senators may speak on the floor as long as the wish. (limit 2 per legislative day). Do not have to stay on the subject at hand.◦ Filibuster – An attempt to talk a bill to death. Strom
Thurmon holds record – 24 hrs 18 min. Longest by a group was 3 weeks.
◦ Cloture Rule – Tool used to end a filibuster – limits debate in the senate. Must be submitted by 16 Senators and passed by 60.
Debate