It is notoriously difficult to pass It is notoriously difficult to pass legislation in Congress – why is this legislation in Congress – why is this so? so?

The success rate for bills being passed in Congress is The success rate for bills being passed in Congress is only 3%!!only 3%!!

Of 13,000 bills proposed in 109Of 13,000 bills proposed in 109thth Congress only 395 Congress only 395 became law became law

In UK, 219 were introduced and 58 became law.In UK, 219 were introduced and 58 became law.

• Government bills of course pass without very little Government bills of course pass without very little problem (due to Party control and Government problem (due to Party control and Government majority) majority)

The reasons are that Congress is actually The reasons are that Congress is actually DESIGNED NOT TO WORKDESIGNED NOT TO WORK..

The system of The system of CHECKS AND BALANCESCHECKS AND BALANCES is such that the is such that the only way anything can be done is through a very only way anything can be done is through a very rigorous set of COMPROMISES rigorous set of COMPROMISES

• Between institutionsBetween institutions

• Between Parties Between Parties

• AND often Within Parties AND often Within Parties

There are 7 factors that have been There are 7 factors that have been considered by Anthony Bennett as to why considered by Anthony Bennett as to why legislation is so difficult to pass:legislation is so difficult to pass:

There are a great deal of hurdles to overcome in the US There are a great deal of hurdles to overcome in the US systemsystem

““It is stacked against the enactment of Law” It is stacked against the enactment of Law”

In UK, there are 3 readings and a committee stage.In UK, there are 3 readings and a committee stage.

The Committee stage comes The Committee stage comes afterafter the 2 the 2ndnd reading and reading and is carried out by a is carried out by a non specialistnon specialist and and partisanpartisan committee committee

RememberRemember how much control the Government / party how much control the Government / party has in these areas. has in these areas.

In the US the In the US the COMMITTEE STAGECOMMITTEE STAGE is fundamental and is fundamental and comes comes BEFOREBEFORE the Second reading the Second reading

• It is carried out by a It is carried out by a permanentpermanent and and SPECIALISTSPECIALIST Policy Policy committee committee

•They have life or death say over bills AND are deferred They have life or death say over bills AND are deferred to by other members due to their status as Specialist.to by other members due to their status as Specialist.

• Any bill must have a MAJORITY in BOTH HOUSESAny bill must have a MAJORITY in BOTH HOUSES

• Any bill must have a MAJORITY of 3/5ths in the SENATE Any bill must have a MAJORITY of 3/5ths in the SENATE

(To end a FILIBUSTER requires 60 members)(To end a FILIBUSTER requires 60 members)

• Any bill VETOED by the President must have a Any bill VETOED by the President must have a MAJORITY of MAJORITY of

2/3rds in BOTH HOUSES2/3rds in BOTH HOUSES

Supporters in this case have an uphill struggle.Supporters in this case have an uphill struggle.

EXAMPLE: Clinton vetoed the LATE TERM ABORTION BAN EXAMPLE: Clinton vetoed the LATE TERM ABORTION BAN BILLBILL

• The House voted over 2/3rds to overrule the vetoThe House voted over 2/3rds to overrule the veto

• The Senate however were 3 votes short of the 2/3rds The Senate however were 3 votes short of the 2/3rds requiredrequired

•THEREFORE: despite the fact that the majority overall THEREFORE: despite the fact that the majority overall wanted the ban the President (and minority supporters) wanted the ban the President (and minority supporters) still won the daystill won the day

The UK has only one real chamber to deal with when it The UK has only one real chamber to deal with when it comes to legislation. The Lords can only delay bills comes to legislation. The Lords can only delay bills

The US has a bicameral system where BOTH houses The US has a bicameral system where BOTH houses share equal power necessitating compromise and share equal power necessitating compromise and negotiationnegotiation

It also leads to the potential problem of DIVIDED It also leads to the potential problem of DIVIDED GOVERNMENT & GRIDLOCK. GOVERNMENT & GRIDLOCK.

BILLS MUST BE APPROVED BY THE STANDING BILLS MUST BE APPROVED BY THE STANDING COMMITTEES OF BOTH CHAMBERSCOMMITTEES OF BOTH CHAMBERS

The separation of powers can lead The separation of powers can lead to partisan chambers and often has to partisan chambers and often has done. This adds to complications. done. This adds to complications. Although some may say it Although some may say it increases the scrutiny given to increases the scrutiny given to laws and appointments. laws and appointments.

During periods of divided During periods of divided government the House and Senate government the House and Senate may be working towards different may be working towards different agendas and their committees agendas and their committees chaired by people of very different chaired by people of very different ideologies. ideologies.

It can lead to GRIDLOCK in some It can lead to GRIDLOCK in some circumstancescircumstances

Again the separation of powers can lead to divided Again the separation of powers can lead to divided Government between President and Congress. This adds Government between President and Congress. This adds to complications. to complications.

Between 1969 and 2001 for only 6 years did the Between 1969 and 2001 for only 6 years did the President remain the same party as the CongressPresident remain the same party as the Congress

The use of the Presidential veto is greatest during a The use of the Presidential veto is greatest during a period of divided Government. (7 per year as opposed to period of divided Government. (7 per year as opposed to an average of 2 per year)an average of 2 per year)

Divided government can cause a President a great deal Divided government can cause a President a great deal of problems as Clinton found out. of problems as Clinton found out.

Clinton (Dem) wanted an increase in the minimum wage Clinton (Dem) wanted an increase in the minimum wage

Congress (Rep) wanted cuts in Federal programmes!Congress (Rep) wanted cuts in Federal programmes!

A Presidential majority is no guarantee of success. A Presidential majority is no guarantee of success.

Of Clintons 6 legislative proposals in 1993 only 2 were Of Clintons 6 legislative proposals in 1993 only 2 were passed (even with majority’s in the House and Senate passed (even with majority’s in the House and Senate

Most votes in Congress are BIPARTISAN – One group of Most votes in Congress are BIPARTISAN – One group of Democrats AND Republicans voting against another Democrats AND Republicans voting against another group of Dems and Reps. group of Dems and Reps.

Check the example of No Child Left BehindCheck the example of No Child Left Behind

Previously there was a set of key players called ‘ the Previously there was a set of key players called ‘ the Kings of the Hill’ Kings of the Hill’

-Speaker ; majority leader and Committee chairmenSpeaker ; majority leader and Committee chairmen

-Over time however power moved from very powerful Over time however power moved from very powerful committee chairmen to subcommittee chairmen. committee chairmen to subcommittee chairmen.

-The powerful FEW became the considerably less The powerful FEW became the considerably less powerful MANYpowerful MANY

Piecing together coalions therefore is notoriously Piecing together coalions therefore is notoriously difficult nowdifficult now

““LIKE SEWING BUTTONS ON TO CUSTARD” LIKE SEWING BUTTONS ON TO CUSTARD”