Denison Middle

Civics 7th Grade

Chapter 12Congressional Lawmaking

Congressional elections are held every two years on the first Tuesday in November.

In the Senate, 1/3 of the seats are up for election every two years.

12.2 - Convening a New Congress

Before the new Congress holds its first formal meeting, lawmakers from each chamber meet with fellow party members in what is known as either a party caucus or a party conference.

There are 4 meetings - Two for each chamber, for the majority and minority party’s.

Meeting to Choose Congressional Leaders

Meeting to Choose Congressional Leaders

At the first conference, members begin to organize the new Congress.

Their primary task is to elect their congressional leaders: the speaker of the House, majority and minority leaders, and majority and minority whips.

Speaker of the House: John Boehner,since January 5, 2011

Another vital task is the formation of party committees.

Through these committees, republicans and democrats consider strategies for the upcoming session, determine party positions on legislation, and nominate party members to serve on standing committees.

Meeting to Choose Congressional Leaders

Making Committee AssignmentsLeaders of both parties in the

House and the Senate workout the number of seats the two parties will have on each standing committee.

Seats are assigned roughly in proportion to overall representation.

Nearly all House members sit on at least one standing committee, with many sitting on two or three.

Most of the 100 Senators sit on three to five of the Senate’s 20 committees.

A handful of these standing committees are most sought-after by members. E.g.: Appropriations, Budget, Commerce committees for both chambers, etc.

Historically, party leaders in Congress used their power to assign committee seats as a tool to ensure party loyalty.

Members who received a requested assignment understand they “owe” the party leaders a favor (vote).

• In general, new members accept whatever committee assignments they receive and try to improve their position in the future.

Making Committee Assignments

The first day of a new Congress opens with a series of ceremonies.

Once a quorum (i.e.: a majority) is established, the House votes for a speaker.

Members vote along party lines, so the majority party always wins.

Next, the dean of the House, or the member with the most years of service, administers the oath to the speaker.

The First Day of a New Congress

The speaker of the House then swears in all members of the House at once.

In the Senate, the vice president swears in members of the Senate, a few at a time.

The First Day of a New Congress

Create a spoke diagram like the one below. On each spoke, note one important task or ceremony that is completed at the start of each new Congress. Then select one of these tasks, and explain how it might be used to influence or affect how laws really get made.

Select party

leaders

Form party committees

Nominate party members to serve on standing committees

A great deal of work occurs in a committee.

12.3 - Working in Committee

Committee chairs are chosen by the majority party.

Historically, the choice of chairs was governed by seniority rule.

This rule automatically gave the position of committee chair to the majority party with the most consecutive years of service on the committee.

Choosing Committee Chairs and Ranking Members

Because currently Congress is controlled by Democrats, Congressperson W would most likely be selected as chair.

If it were controlled by Republicans, Congressperson X would most likely be selected.

This is because committee chairs are always from the majority party, and the seniority rule usually gives the chair to the longest serving member of the House (though the seniority rule is not as rigid as it once was).

Given the current makeup of Congress, choose which of the following members would most likely be selected as chair of the House Armed Services Committee, and explain why.:Congressperson W: Democrat, 28 years in Congress, 12 years on committeeCongressperson X: Republican, 24 years in Congress, 18 years on committeeCongressperson Y: Republican, 20 years in Congress, served as a military officerCongressperson Z: Democrat, 16 years in Congress, former Democratic candidate for president

Beginning in the 1970s, party leaders began considering other factors, such as party loyalty, political skill, and trustworthiness, in choosing committee chairs.

Even so, seniority remains the best predictor of leadership in Senate committees.

In the House, fewer committee leaders are chosen based only on seniority.

Choosing Committee Chairs and Ranking Members

Bills come to a committee from a variety of sources, including individual citizens and interest groups.

A large number of bills originate in departments and agencies of the executive branch.

These bills are put forward to advance the policies advocated by the president.

Assigning Bills to Committees

According to the rules of the House, the speaker distributes proposed legislation (bills) to various committees for study.

Once a bill is sent to a committee, the chair decides what to do with it.

One option is to ignore the bill and let it die.

Another option is to hold a hearing on the bill, either in the full committees or one of the subcommittees.

Assigning Bills to Committees

A committee’s work on a proposed bill can be divided into 3 phases:

1. Hearings: This phase begins with a legislative hearing - the purpose of the hearing is to listen to testimonies and gather information from individuals who are interested in or have expertise to share about the legislation.

In these hearings, sub committee chairs control the selection and scheduling of witnesses If they favor a bill, they can move the hearings along. If they oppose a bill, they kill it by scheduling hearings that never seem to end.

The Path of a Bill Through Subcommittee

2. Mark up: Known as a markup session (i.e.: a meeting of a legislative committee at which members amend, or “mark up,” a bill before putting it to a vote), subcommittee members determine the bill’s final language. At least 1/3 of the subcommittee members must be present at a markup session to make up a quorum. Any changes to the bill must be approved by a majority of those present. During mark up, members are usually torn between their roles as delegates and trustees.

3. Report: The members of the subcommittee vote to return the bill to the full committee. The standing committee can then accept the bill how it is or amend it further.

The Path of a Bill Through Subcommittee

The House Rules Committee acts as a “traffic cop” for House legislation. It can move a bill ahead of others on the House

schedule so that it can be considered quickly; or it can delay a bill’s arrival on the House floor.

The Rules Committee also sets the rules for debate on a bill.A bill’s supporters usually ask for a closed rule -

limits floor debate and amendments to a bill.Makes it easier to get a bill through the house quickly, with

no damaging debate or changes.An open rule allows floor debate and the introduction

of amendments that could cripple or kill a bill.

The Power of the House Rules Committee

Imagine that you are a member of the majority on the House Rules Committee. You are reviewing a bill that the speaker of the House strongly supports. What kind of rule—closed or open—would you likely ask for this bill and why?

Answer the following question in your notebook:

12.4 - Debating and Voting on the House and Senate Floor

Create a Venn diagram comparing how the House and Senate conduct debates, amend bills, and vote on bills. List at least three similarities and three differences in your diagram.

House Similarities Senate

In both chambers, the majority party controls what happens on the chamber floor.

The speaker of the House and the majority leader of the Senate determine which bills will be debated and who will be allowed to speak and for how long.

Once debate begins, the speaker and majority leader have the power of recognition, meaning that no member may rise to address the chamber without first being recognized, or given permission.

The Majority Party Controls Floor Debate

The Majority Party Controls Floor Debate

Armed with the power of recognition, the speaker and majority leader are usually able to run an orderly legislative process.

This process has 3 parts:1. General debate on the

bill.2. Debate and voting on

amendments to the bills.

3. Voting on final passage of the bill.

With 435 members, the House has to put limits on floor debate.

On most bills, the Rules Committee often limits general debate to 1 hour - 30 minutes for the majority and minority parties.

The goal of the 1 hour rule is to keep things moving.

House Debate: Keeping It Short, If not Sweet

The Senate prides itself on its tradition of unlimited debate.

The Senate majority leader has limited control over the legislative agenda.

Senators must consent to limit debate.If they do not, any senator- once recognized-

may speak on any subject at any length.

Unlimited Debate in the Senate: Filibuster and Holds

This right comes into play most vividly when a senator starts a filibuster.

A filibuster involves prolonged debate or other tactics aimed at blocking (delaying) the passage of a bill favored by a majority of lawmakers. Filibusters are not permitted in the House.

In 1917, the Senate adopted a means of closing debate known as a cloture rule (i.e.: process used to end a filibuster in the Senate; at least 60 senators must support a cloture vote to overcome a filibuster) - requires a supermajority (i.e.: a number of votes greater than a simple majority) of 2/3 of all senators to cut off debate.

Today, closure only requires 3/5 of the Senate, or 60 votes.

Passing a bill in the House requires a simple majority.

Unlimited Debate in the Senate: Filibuster and Holds

Like the rules for debate, the amendment process also differs in the 2 chambers.

In the House, when general debate ends, the measure is opened to amendment.House members have 5 minutes each to debate

proposed amendments .

Once all amendments have been voted on, the full House is ready to vote on the final passage of the bill.

Amendments: Riders and Christmas Tree Bills

The House and Senate follow similar rules.

According to House rules, an amendment is supposed to be relevant to the content of the bill.

In the Senate, senators can attach amendments that are totally unrelated to a bill- known as riders.

Must-pass legislation, such as an emergency funding bill, tends to attract many riders because the president is unlikely to veto such a measure- this is also known as a Christmas tree bill.

Amendments: Riders and Christmas Tree Bills

Floor votes in the House and Senate can be taken 3 ways:

1. In a voice vote, supporters all together call out “aye,” meaning “yes” and opponents to the bill call out “no”.

2. In a standing vote, first supporters and then opponents stand to be counted.

3. In a roll-call vote, each member’s vote is officially recorded.

In the Senate, this is done by having a clerk call each name from the roll of senators and recording one’s vote.

The House uses electronic voting booths to record votes.

Voting on a Bill

House Similarities Senate

-majority party controls the agenda.-speaker of the House and the Senate majority leader both have power of recognition during floor debate.-Both houses use voice votes, standing votes, and roll-call votes.

-Debate in the House is restricted, often as little as one hour.-Passing a bill in the House requires a simple majority.-House rules demand that amendments be related to the bill.

-Rules of the Senate include unlimited debate.-To pass a bill in theSenate, the Senate requires 60 votes, because a senator can filibuster a bill. It takes three-fifths of the Senate (60 votes) to end a filibuster.-In the Senate, riders that have nothing to do with the original bill can be attached to it.

Before voting on any bell, most legislators consider the views of their constituents, as well as their own personal convictions.

Other sources of pressure come from:Interest groups. They confront legislators who

undecided on how to vote.Party leaders. Leaders of each political party expect

their members to support the party’s public policy goals.

Colleagues. Members of Congress regularly yield to pressure to trade votes.This kind of logrolling, or mutual support and

cooperation, is a common way to get things done in Congress.

Pressures and Influences on Legislators

constituentsinterest groupsparty leaderscolleagues

List at least four groups or individuals who typically influence or pressure legislators. Which of these groups or individuals do you think should have the most impact on how laws really get made? Why?

Both chambers of Congress must vote to approve the bill in identical form before it goes from Capitol Hill to the White House for the president’s signature.

12.5 - Final Steps in the Legislative Process

Create a flowchart of all the possible things that can happen to a bill after it passes the House and Senate.

Be sure your diagram includes these terms: conference committee, presidential veto, and congressional override.

About 20% of the time, especially with major or controversial legislation, House and Senate leaders cannot reach an agreement informally.

In such cases, the bill is sent to a joint conference committee.The task of the committee

is to work out a compromise that a majority of lawmakers in both chambers can accept and that the president will sign into law.

Congress Speaks as One - Eventually

Appointed by leadership in both houses, conferees (i.e.: members of a congressional conference committee) bargain face to face to reach an agreement.

The agreement, known as a conference report, goes back to the House and Senate for an up-or-down vote - the revised bill must be adopted or rejected as is, with no further amendments.

Congress Speaks as One - Eventually

Once a bill is delivered to the White House, the president has 10 days (not counting Sundays) to do one of the following:

1. Sign the bill into law

2. Veto the bill

3. Take no action and the bill becomes law after 10 days

The President Takes Action on a Bill- Or Not

A bill that has been vetoed by the president is delivered back to the first chamber that passed it.

That chamber decides whether to revise the bill or to let it die.

The President Takes Action on a Bill- Or Not

2/3 of the members present in each chamber must vote in favor of saving legislation.

If the first chamber fails to override the veto, the measure dies there.

Otherwise, it moves to the second chamber for a vote.

If 2/3 of the lawmakers in the second chamber also approve the override, the bill becomes a law without the president’s signature.

Congress Can Try to Save Vetoed Legislation

Your flowchart should look something similar to this.