chapter 12: congress in action mitch cagney tyler canan adriana garcia bailey murph

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Chapter 12: Chapter 12: Congress in Action Congress in Action Mitch Cagney Mitch Cagney Tyler Canan Tyler Canan Adriana Garcia Adriana Garcia Bailey Murph Bailey Murph

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Chapter 12:Chapter 12:Congress in ActionCongress in Action

Mitch CagneyMitch CagneyTyler CananTyler Canan

Adriana GarciaAdriana GarciaBailey MurphBailey Murph

Congress Organizes:Congress Organizes: Opening Day in the HouseOpening Day in the House

Every other January, the 435 men and women who have been Every other January, the 435 men and women who have been elected to the House come together at the Capitol to elected to the House come together at the Capitol to begin a new term.begin a new term.

The clerk of the House in the preceding term presides, or The clerk of the House in the preceding term presides, or chairs, at the beginning of the first day’s session. chairs, at the beginning of the first day’s session.

Opening day in the House of Representatives follows a Opening day in the House of Representatives follows a traditional routine of votes and speeches. The House traditional routine of votes and speeches. The House chooses its Speaker and other officers for the coming chooses its Speaker and other officers for the coming term.term.

After the Speaker is elected, the House elects its clerk, After the Speaker is elected, the House elects its clerk, sergeant at arms, chief administrative officer, and sergeant at arms, chief administrative officer, and chaplain. chaplain.

The House then adopts the rules that will govern its The House then adopts the rules that will govern its proceedings through the term.proceedings through the term.

Finally, members of the 19 permanent committees of the Finally, members of the 19 permanent committees of the House are appointed by a floor vote.House are appointed by a floor vote.

Congress Organizes:Congress Organizes:Opening Day in the SenateOpening Day in the Senate

The Senate is a continuous body.The Senate is a continuous body. Only one third of the seats are up Only one third of the seats are up for election every two years.for election every two years.

On opening day, newly elected and On opening day, newly elected and reelected members must be sworn in, reelected members must be sworn in, vacancies in Senate organization and vacancies in Senate organization and one committees must be filled, and a one committees must be filled, and a few other details attended to.few other details attended to.

State of the Union MessageState of the Union Message

When the Senate is notified that the House is organized, a When the Senate is notified that the House is organized, a joint committee of the two is appointed and instructed to joint committee of the two is appointed and instructed to wait for the President and inform him that each House is wait for the President and inform him that each House is assembled and are waiting further instruction.assembled and are waiting further instruction.

Within a few weeks, the President delivers the annual State Within a few weeks, the President delivers the annual State of the Union message.of the Union message.

Members of both of the houses, the members of the Cabinet, Members of both of the houses, the members of the Cabinet, the Supreme Court justices, the foreign diplomatic corps, and the Supreme Court justices, the foreign diplomatic corps, and other dignitaries, assemble in the House chamber to listen.other dignitaries, assemble in the House chamber to listen.

In the State of the Union address, the President reports on In the State of the Union address, the President reports on the state of the nation as he/she sees it, in both domestic the state of the nation as he/she sees it, in both domestic and foreign policy terms.and foreign policy terms.

In the address, the President lays out the broad shape of the In the address, the President lays out the broad shape of the policies his administration will follow and the course he has policies his administration will follow and the course he has charted for the nation. charted for the nation.

With the conclusion the President’s speech, the joint session With the conclusion the President’s speech, the joint session is adjourned and each house turns to the legislative business is adjourned and each house turns to the legislative business before it.before it.

The Presiding Officers:The Presiding Officers:The Speaker of the HouseThe Speaker of the House

The Constitution provides for the presiding officers of each The Constitution provides for the presiding officers of each house- the Speaker of the House and the president of the Senate.house- the Speaker of the House and the president of the Senate.

Of the two positions, The Speaker of the House is by far the more Of the two positions, The Speaker of the House is by far the more important and more powerful within the halls of Congress.important and more powerful within the halls of Congress.

The Speaker is both the elected presiding officer of the House and The Speaker is both the elected presiding officer of the House and the acknowledged leader of its majority party.the acknowledged leader of its majority party.

The House has always chosen the Speaker from among its own The House has always chosen the Speaker from among its own members.members.

Nearly all of the Speaker’s powers revolve around two duties: to Nearly all of the Speaker’s powers revolve around two duties: to preside and to keep order.preside and to keep order.

The Speaker presides over most sessions of the House.The Speaker presides over most sessions of the House. No one may speak without being recognized by the Speaker.No one may speak without being recognized by the Speaker. The Speaker interprets and applies the rules, refers bills to The Speaker interprets and applies the rules, refers bills to

committee, rules on points of order, puts motions to vote, and committee, rules on points of order, puts motions to vote, and decides the outcome of most votes taken in the House.decides the outcome of most votes taken in the House.

The Speaker can be overridden by a vote of the House.The Speaker can be overridden by a vote of the House. The Speaker names members of all select committees and signs all The Speaker names members of all select committees and signs all

bills passed by the House.bills passed by the House. The Speaker may also debate and vote on any matter before the The Speaker may also debate and vote on any matter before the

House.House. He/She follows the Vice President in the line of succession to the He/She follows the Vice President in the line of succession to the

presidency.presidency.

The Presiding Officers: The Presiding Officers: The President of the SenateThe President of the Senate

The President of the Senate , the Senate’s The President of the Senate , the Senate’s presiding officer, is not a member of the presiding officer, is not a member of the body over which he presides. body over which he presides.

The Constitution assigns the office to the The Constitution assigns the office to the Vice President. Vice President.

The President of the Senate does have the The President of the Senate does have the usual powers of a presiding officer, but usual powers of a presiding officer, but cannot take the floor to speak or debate cannot take the floor to speak or debate and may vote only to break a tie.and may vote only to break a tie.

In the Vice President’s absence, the In the Vice President’s absence, the president pro tempore may serve. president pro tempore may serve.

The pro tempore is usually the longest The pro tempore is usually the longest serving member of his/her party. serving member of his/her party.

Party Leaders:Party Leaders:The Party CaucusThe Party Caucus

The party caucus is a closed meeting The party caucus is a closed meeting of the members of each party in the of the members of each party in the house.house.

It meets just before Congress convenes It meets just before Congress convenes and occasionally during a session.and occasionally during a session.

The caucus deals mostly with matters The caucus deals mostly with matters of party organization, such as the of party organization, such as the selection of the party’s floor leaders selection of the party’s floor leaders and questions of committee membership. and questions of committee membership.

The policy committee, composed of the The policy committee, composed of the party’s top leadership, acts as an party’s top leadership, acts as an executive committee for the caucus. executive committee for the caucus.

Party Officers:Party Officers:The Floor LeadersThe Floor Leaders

Next to the Speaker, the majority and minority floor leaders in Next to the Speaker, the majority and minority floor leaders in the House and Senate are the most important officers in the House and Senate are the most important officers in Congress.Congress.

Floor leaders are party officers, picked for their posts by Floor leaders are party officers, picked for their posts by their party colleagues.their party colleagues.

They are legislative strategists.They are legislative strategists. They try to carry out the decisions of their parties’ caucuses They try to carry out the decisions of their parties’ caucuses

and steer floor action to their parties’ benefit. and steer floor action to their parties’ benefit. Each of them is also the chief spokesman for his/her party in Each of them is also the chief spokesman for his/her party in

his/her chamber.his/her chamber. The two floor leaders in each house are assisted by party The two floor leaders in each house are assisted by party

whips. whips. Whips are assistant floor leaders. Whips are assistant floor leaders. A number of whips serve in the House, and the floor leaders in A number of whips serve in the House, and the floor leaders in

both houses have a paid staff.both houses have a paid staff. The whips check with party members and tell the floor leader The whips check with party members and tell the floor leader

which members, how many votes, can be counted on in any which members, how many votes, can be counted on in any particular matter.particular matter.

Committee Chairman:Committee Chairman:Seniority RuleSeniority Rule

The seniority rule is, in fact, an unwritten custom. The seniority rule is, in fact, an unwritten custom. The seniority rule provides that the most important The seniority rule provides that the most important

posts, in both the formal and the party organization, posts, in both the formal and the party organization, will be held by those party members with the longest will be held by those party members with the longest records of service in Congress.records of service in Congress.

The rule is applied most strictly to the choice of The rule is applied most strictly to the choice of committee chairmen. committee chairmen.

There are many critics of the seniority rule who insist There are many critics of the seniority rule who insist that the seniority system ignores ability and discourages that the seniority system ignores ability and discourages younger members.younger members.

Defenders of the seniority rule argue that it ensures Defenders of the seniority rule argue that it ensures that a powerful and experienced member will head each that a powerful and experienced member will head each committee.committee.

Opponents have gained some ground in recent years. Thus, Opponents have gained some ground in recent years. Thus, the House Republican Conference now picks several GOP the House Republican Conference now picks several GOP members of House committees by secret ballot.members of House committees by secret ballot.

Committees in Congress:Committees in Congress:Standing CommitteesStanding Committees

The House and Senate have been The House and Senate have been naming their own special committees naming their own special committees since 1789. since 1789.

By 1794, there were more than 300 By 1794, there were more than 300 committees.committees.

Each house then began to set up Each house then began to set up permanent panels, known as standing permanent panels, known as standing committees, to which all similar committees, to which all similar bills could be sent.bills could be sent.

Standing Committees:Standing Committees:Committee AssignmentsCommittee Assignments

Each House committee has from 10 to as many as 75 Each House committee has from 10 to as many as 75 members, and each Senate committee has from 14 to 28.members, and each Senate committee has from 14 to 28.

Representatives are normally assigned to one or two Representatives are normally assigned to one or two standing committees and senators to three or four.standing committees and senators to three or four.

Some panels are more prominent and more influential than Some panels are more prominent and more influential than others and most members try to win assignments to these others and most members try to win assignments to these important panels.important panels.

The leading committees in the House are the Rules, Ways The leading committees in the House are the Rules, Ways and Means, Appropriations, Armed Services, Judiciary, and Means, Appropriations, Armed Services, Judiciary, International Relations, and Agriculture committees.International Relations, and Agriculture committees.

In the Senate, senators usually compete for places on In the Senate, senators usually compete for places on the Foreign Relations, Appropriations, Finance, the Foreign Relations, Appropriations, Finance, Judiciary, Armed Services, and Banking, Housing, and Judiciary, Armed Services, and Banking, Housing, and Urban Affairs committees.Urban Affairs committees.

Standing Committees:Standing Committees:Committee AssignmentsCommittee Assignments

When a bill is introduced in either house, When a bill is introduced in either house, the Speaker or the president of the Senate the Speaker or the president of the Senate refers the measure to the appropriate refers the measure to the appropriate standing committee.standing committee.

The chairman of the standing committees is The chairman of the standing committees is chosen according to the seniority rule.chosen according to the seniority rule.

The members of the standing committees are The members of the standing committees are formally elected by a floor vote at the formally elected by a floor vote at the beginning of each term of Congress.beginning of each term of Congress.

The majority party always holds a majority The majority party always holds a majority of the seats on each standing committee. of the seats on each standing committee.

Most standing committees are divided into Most standing committees are divided into two subcommittees, and each subcommittee is two subcommittees, and each subcommittee is responsible for a particular slice of the responsible for a particular slice of the committee’s overall workload.committee’s overall workload.

Standing Committees:Standing Committees:The House Rules CommitteeThe House Rules Committee

The House Committee on Rules is sometimes called The House Committee on Rules is sometimes called the “traffic cop” in the lower house.the “traffic cop” in the lower house.

There are many measures introduced in the House There are many measures introduced in the House each term that some screening is necessary.each term that some screening is necessary.

Before most bills can reach the floor of the Before most bills can reach the floor of the House, they must also clear the Rules Committee.House, they must also clear the Rules Committee.

Normally, a bill gets to the floor only if it has Normally, a bill gets to the floor only if it has been granted a rule-been scheduled for floor been granted a rule-been scheduled for floor consideration-by the Rules Committee.consideration-by the Rules Committee.

The committee decides whether and under what The committee decides whether and under what conditions the full House will consider a measure.conditions the full House will consider a measure.

In the Senate the majority floor leader controls In the Senate the majority floor leader controls the appearance of bills on the floor.the appearance of bills on the floor.

Standing Committees:Standing Committees:Select CommitteesSelect Committees

At times, each house finds need for a select committee. At times, each house finds need for a select committee. These groups are sometimes called special committees; they are These groups are sometimes called special committees; they are

panels set up for some specific purpose and, most often, for a panels set up for some specific purpose and, most often, for a limited time.limited time.

The Speaker of the House or the president of the Senate The Speaker of the House or the president of the Senate appoints the members of these special committees.appoints the members of these special committees.

Most select committees are formed to investigate a current Most select committees are formed to investigate a current matter.matter.

Congress must decide on the need for new laws and gauge the Congress must decide on the need for new laws and gauge the adequacy of those already on the books.adequacy of those already on the books.

It also must ensure that federal agencies are following the It also must ensure that federal agencies are following the laws it has already passed.laws it has already passed.

At times, the committee may conduct an investigation of an At times, the committee may conduct an investigation of an issue in order to focus public attention on the matter.issue in order to focus public attention on the matter.

Most investigations are conducted by standing committees, Most investigations are conducted by standing committees, however, select committees occasionally do that work.however, select committees occasionally do that work.

Joint and Conference Joint and Conference CommitteesCommittees

A joint committee is one composed of members of both A joint committee is one composed of members of both houses.houses.

Some are select committees set up to serve some Some are select committees set up to serve some temporary purpose.temporary purpose.

Most are permanent groups that serve on a regular Most are permanent groups that serve on a regular basis.basis.

Some joint committees are investigative in nature and Some joint committees are investigative in nature and issue periodic reports to the House and Senate. issue periodic reports to the House and Senate.

Most committees have routine duties.Most committees have routine duties. When the two houses pass differing versions of a bill When the two houses pass differing versions of a bill

and the first house will not agree to the changes the and the first house will not agree to the changes the other has made, a conference committee-a temporary, other has made, a conference committee-a temporary, joint body- is created to iron out the differences in joint body- is created to iron out the differences in the bill. the bill.

Its job is to produce a compromise bill that both Its job is to produce a compromise bill that both houses will accept.houses will accept.

How a Bill Becomes a Law: The House:How a Bill Becomes a Law: The House:

The First StepsThe First Steps

A bill is a proposed law presented to the House or A bill is a proposed law presented to the House or Senate for consideration.Senate for consideration.

Most bills are born in the executive branch.Most bills are born in the executive branch. Business, labor, agriculture, and other special Business, labor, agriculture, and other special

interests groups often draft measures as well.interests groups often draft measures as well. Many others are born in the standing committees of Many others are born in the standing committees of

Congress.Congress. Measures dealing with any other matter may be Measures dealing with any other matter may be

introduced in either chamber.introduced in either chamber. Only members can introduce bills in the House, and Only members can introduce bills in the House, and

they do so by dropping them into the “hopper,” a they do so by dropping them into the “hopper,” a box hanging on the edge of the clerk’s desk.box hanging on the edge of the clerk’s desk.

The First Steps:The First Steps:Types of Bills and ResolutionsTypes of Bills and Resolutions

There are two types of bills: public bills and There are two types of bills: public bills and private bills. private bills.

Public bills are measures applying to the nation Public bills are measures applying to the nation as a whole.as a whole.

Private bills are measures that apply to certain Private bills are measures that apply to certain persons of places rather than to the entire persons of places rather than to the entire nation.nation.

Joint resolutions are similar to bills, and when Joint resolutions are similar to bills, and when passed have the force of law. passed have the force of law.

Joint resolutions most often deal with unusual or Joint resolutions most often deal with unusual or temporary matters.temporary matters.

They are also used to propose constitutional They are also used to propose constitutional amendments and they have been used to annex amendments and they have been used to annex territories.territories.

The First Steps:The First Steps:Types of Bills and ResolutionsTypes of Bills and Resolutions

Concurrent resolutions deal with matters in which Concurrent resolutions deal with matters in which the House and Senate must act jointly.the House and Senate must act jointly.

They do not have the force of law and do not They do not have the force of law and do not require the President’s signature. require the President’s signature.

Concurrent resolutions are used most often by Concurrent resolutions are used most often by Congress to state a position on some matter.Congress to state a position on some matter.

Resolutions deal with matters concerning either Resolutions deal with matters concerning either house alone and are taken up only by that house.house alone and are taken up only by that house.

They are regularly used for such things as the They are regularly used for such things as the adoption of a new rule of procedure of the adoption of a new rule of procedure of the amendment of some existing rule.amendment of some existing rule.

Resolutions do not have the force of law and do Resolutions do not have the force of law and do not require the President’s signature.not require the President’s signature.

The First Steps:The First Steps:Types of Bills and ResolutionsTypes of Bills and Resolutions

A bill or resolution usually deals with a A bill or resolution usually deals with a single subject, but sometimes a rider single subject, but sometimes a rider dealing with an unrelated matter is dealing with an unrelated matter is included.included.

A rider is a provision not likely to pass A rider is a provision not likely to pass on its own merit that is attached to an on its own merit that is attached to an important measure certain to pass.important measure certain to pass.

Its sponsors hope that it will “ride” Its sponsors hope that it will “ride” through the legislative process on the through the legislative process on the strength of the main measure.strength of the main measure.

Most are tacked onto appropriations Most are tacked onto appropriations measures.measures.

The First Steps:The First Steps:The First ReadingThe First Reading

The clerk of the House numbers each bill as it is The clerk of the House numbers each bill as it is introduced.introduced.

The clerk also gives each bill a short title-a The clerk also gives each bill a short title-a brief summary of its principal contents.brief summary of its principal contents.

The bill is then entered in the House Journal and The bill is then entered in the House Journal and in the Congressional Record for the day.in the Congressional Record for the day.

Members have five days in which to make changes in Members have five days in which to make changes in each temporary edition. each temporary edition.

They often insert speeches that were in fact never They often insert speeches that were in fact never made, reconstruct “debates,” and revise made, reconstruct “debates,” and revise thoughtless or inaccurate remarks.thoughtless or inaccurate remarks.

With these actions the bill has received its first With these actions the bill has received its first reading.reading.

All bills are printed immediately after All bills are printed immediately after introduction and distributed to the members.introduction and distributed to the members.

The First Steps:The First Steps:The First ReadingThe First Reading

Each bill that is finally passed in either house Each bill that is finally passed in either house is given three readings along the legislative is given three readings along the legislative route.route.

In the House, second reading comes during floor In the House, second reading comes during floor consideration, if the measure gets that far.consideration, if the measure gets that far.

Third reading takes place just before the final Third reading takes place just before the final vote on the measure.vote on the measure.

The three readings are intended to ensure careful The three readings are intended to ensure careful consideration of bills.consideration of bills.

After the first reading, the Speaker refers the After the first reading, the Speaker refers the bill to the appropriate standing committee. That bill to the appropriate standing committee. That is, the proposal is sent to the committee that has is, the proposal is sent to the committee that has jurisdiction over its subject matter.jurisdiction over its subject matter.

The Bill in CommitteeThe Bill in Committee The standing committees sift through all of the many The standing committees sift through all of the many

bills referred to them-rejecting most, considering and bills referred to them-rejecting most, considering and reporting only those they find to be worthy of floor reporting only those they find to be worthy of floor consideration.consideration.

Most of the thousands of bills introduced in each Most of the thousands of bills introduced in each session of Congress die in committee.session of Congress die in committee.

If a bill is buried but the majority of the House wants If a bill is buried but the majority of the House wants to consider it, the bill can be blasted out of the to consider it, the bill can be blasted out of the committee with a discharge petition. committee with a discharge petition.

A discharge petition enables members to force a bill A discharge petition enables members to force a bill that has remained in committee 30 days onto the floor that has remained in committee 30 days onto the floor for consideration.for consideration.

If a discharge motion is signed by 218 of the House If a discharge motion is signed by 218 of the House members, the committee has seven days to report the members, the committee has seven days to report the bill.bill.

The Bill in Committee:The Bill in Committee:Gathering InformationGathering Information

Those bills that a committee, or at least its Those bills that a committee, or at least its chairman, does wish to consider, are discussed at chairman, does wish to consider, are discussed at times chosen by the chairman.times chosen by the chairman.

Most committees do most of their work through Most committees do most of their work through their several subcommittees.their several subcommittees.

Where an important or controversial bill is Where an important or controversial bill is involved, a committee, or subcommittee, holds involved, a committee, or subcommittee, holds public hearings on the measure. public hearings on the measure.

These public hearings are information-gathering.These public hearings are information-gathering. If necessary, a committee can force a witness to If necessary, a committee can force a witness to

testify under threat of imprisonment.testify under threat of imprisonment. Occasionally, a subcommittee will make a junket, Occasionally, a subcommittee will make a junket,

or trip, to locations affected by a measure.or trip, to locations affected by a measure.

The Bill in Committee:The Bill in Committee:Committee ActionsCommittee Actions

When a subcommittee has completed its work on a bill, the measure When a subcommittee has completed its work on a bill, the measure goes to the full committee.goes to the full committee.

The body may:The body may: Report the bill favorably, with a “do pass” recommendation. It Report the bill favorably, with a “do pass” recommendation. It

is then the chairman’s job to steer the bill through debate on is then the chairman’s job to steer the bill through debate on the floor.the floor.

Refuse to report the bill-that is, pigeonhole it. Again, this Refuse to report the bill-that is, pigeonhole it. Again, this is the fate suffered by most measures in both houses.is the fate suffered by most measures in both houses.

Report the bill in amended form. Many bills are changed in Report the bill in amended form. Many bills are changed in committee, and several bills on the same subject may be committee, and several bills on the same subject may be combined into a single measure.combined into a single measure.

Report the bill with an unfavorable recommendation. This does Report the bill with an unfavorable recommendation. This does not often happen. Occasionally, however, a committee feels that not often happen. Occasionally, however, a committee feels that the full House should have a chance to consider a bill or does the full House should have a chance to consider a bill or does not want to take the responsibility for killing it.not want to take the responsibility for killing it.

Report a committee bill. This is an entirely new bill that the Report a committee bill. This is an entirely new bill that the committee has substituted for one or several bills referred to committee has substituted for one or several bills referred to it.it.

Scheduling Floor Debate:Scheduling Floor Debate:CalendarsCalendars

Before it goes to the floor for consideration, a bill reported by Before it goes to the floor for consideration, a bill reported by a standing committee is placed on one of several calendars.a standing committee is placed on one of several calendars.

A calendar is a schedule of the order in which bills will be A calendar is a schedule of the order in which bills will be taken up on the floor.taken up on the floor.

There are five calendars in the House:There are five calendars in the House: The Calendar of the Committee of the Whole House on the State The Calendar of the Committee of the Whole House on the State

of the Union, commonly known as the Union Calendar, for all of the Union, commonly known as the Union Calendar, for all bills having to do with revenues, appropriations, or bills having to do with revenues, appropriations, or government property.government property.

The House Calendar, for all the public bills.The House Calendar, for all the public bills. The Calendar of the Committee of the Whole House, commonly The Calendar of the Committee of the Whole House, commonly

called the Private Calendar, for all private bills.called the Private Calendar, for all private bills. The Corrections Calendar, for all bills form the Union or The Corrections Calendar, for all bills form the Union or

House Calendar taken out of order by unanimous consent of the House Calendar taken out of order by unanimous consent of the House of Representatives. These are most often minor bills to House of Representatives. These are most often minor bills to which there is no opposition.which there is no opposition.

The Discharge Calendar, for petitions to discharge bills from The Discharge Calendar, for petitions to discharge bills from committee. committee.

Scheduling Floor Debate:Scheduling Floor Debate:RulesRules

The Rules Committee plays a critical role in the The Rules Committee plays a critical role in the legislative process of the House.legislative process of the House.

It must grant a rule before most bills can in fact It must grant a rule before most bills can in fact reach the floor.reach the floor.

By not granting a rule for a bill, the Rules By not granting a rule for a bill, the Rules Committee can effectively kill it.Committee can effectively kill it.

When the Rules Committee does grant a rule, it may be When the Rules Committee does grant a rule, it may be a special rule. a special rule.

A special rule regularly sets a time limit on floor A special rule regularly sets a time limit on floor debate.debate.

On certain days, the House may suspend its rules.On certain days, the House may suspend its rules. It must be approved by a two-thirds vote.It must be approved by a two-thirds vote. When that happens, the House moves so far away from When that happens, the House moves so far away from

its established operating procedures that a measure its established operating procedures that a measure can go through all the many steps necessary to can go through all the many steps necessary to enactment in a single day.enactment in a single day.

The Bill on the FloorThe Bill on the Floor If the bill finally reaches the floor, it receives its If the bill finally reaches the floor, it receives its

second reading in the House.second reading in the House. The more important measures are considered in the The more important measures are considered in the

Committee of the Whole, an old parliamentary device for Committee of the Whole, an old parliamentary device for speeding business on the floor.speeding business on the floor.

When the House resolves itself into the Committee of the When the House resolves itself into the Committee of the Whole, the Speaker steps down because the full House of Whole, the Speaker steps down because the full House of Rep. is no longer in session.Rep. is no longer in session.

General debating begins, and the bill receives a second General debating begins, and the bill receives a second reading, section by section.reading, section by section.

As each section is read, amendments may be offered. As each section is read, amendments may be offered. Votes are taken on each section and its amendment as the Votes are taken on each section and its amendment as the

reading proceeds.reading proceeds. When the bill has been gone through, the Committee of the When the bill has been gone through, the Committee of the

Whole has completed its work.Whole has completed its work. It then rises, dissolves itself, and the House is back in It then rises, dissolves itself, and the House is back in

session. The House formally adopts the committee’s work.session. The House formally adopts the committee’s work.

The Bill on the Floor:The Bill on the Floor:DebateDebate

There are many limits on floor debate.There are many limits on floor debate. No member may hold the floor for more than an hour No member may hold the floor for more than an hour

without unanimous consent to speak for a longer time.without unanimous consent to speak for a longer time. The Speaker has the power to force any member who The Speaker has the power to force any member who

strays from the subject at hand to give up the floor.strays from the subject at hand to give up the floor. The majority and minority floor leaders generally The majority and minority floor leaders generally

decide in advance how they will split the time spent decide in advance how they will split the time spent on the bill.on the bill.

Any member may demand a vote on the issue before the Any member may demand a vote on the issue before the House.House.

If that motion passes, only 40 minutes of further If that motion passes, only 40 minutes of further debate are allowed before a vote is taken.debate are allowed before a vote is taken.

This device is the only motion that can be used in This device is the only motion that can be used in the House to close debate.the House to close debate.

The Bill on the Floor:The Bill on the Floor:VotingVoting

A bill may be the subject of several votes on the floor.A bill may be the subject of several votes on the floor. If amendments are offered, members must vote on each of If amendments are offered, members must vote on each of

them.them. A number of procedural motions may be offered.A number of procedural motions may be offered. The members must vote on each of these motions.The members must vote on each of these motions. The House uses four different methods for taking floor The House uses four different methods for taking floor

votes:votes: Voice VotesVoice Votes If any member thinks the Speaker has erred in judging a If any member thinks the Speaker has erred in judging a

voice vote, he/she may demand a standing vote, also known voice vote, he/she may demand a standing vote, also known as the division of the House.as the division of the House.

One fifth of a quorum can demand a teller vote.One fifth of a quorum can demand a teller vote. A roll-call vote may be demanded by one fifth of the A roll-call vote may be demanded by one fifth of the

members present. members present.

Voting procedures are much the same in the Senate. Senate does not take teller votes or the use of the electronic voting process.

The Bill on the Floor:The Bill on the Floor:Final StepsFinal Steps

Once a bill has been approved at second Once a bill has been approved at second reading, it is engrossed.reading, it is engrossed.

This means the bill is printed in its This means the bill is printed in its final form.final form.

Then it is read a third time, by title, Then it is read a third time, by title, and a final vote is taken. and a final vote is taken.

If the bill is approved, the Speaker signs If the bill is approved, the Speaker signs it.it.

A page-a legislative aid-then carries it A page-a legislative aid-then carries it to the Senate and places it on the Senate to the Senate and places it on the Senate president’s desk.president’s desk.

The Bill in the Senate:The Bill in the Senate:Introducing the BillIntroducing the Bill

Bills are introduced by Bills are introduced by senators, who are formally senators, who are formally recognized for that purpose.recognized for that purpose.

A measure is then given a A measure is then given a number and short title, read number and short title, read twice, and referred to twice, and referred to committee, where bills are committee, where bills are dealt with much as they are in dealt with much as they are in the House.the House.

The Bill in the Senate:The Bill in the Senate:Rules for DebateRules for Debate

Floor debate is strictly limited in the House, but Floor debate is strictly limited in the House, but almost unrestrained in the Senate.almost unrestrained in the Senate.

Senators may speak on the floor as long as they Senators may speak on the floor as long as they please.please.

The Senate’s rules do not allow any member to move The Senate’s rules do not allow any member to move the previous question.the previous question.

The Senate’s consideration of most bills is The Senate’s consideration of most bills is brought to a close by unanimous consent brought to a close by unanimous consent agreements.agreements.

The Senate does have a “two-speech rule.”The Senate does have a “two-speech rule.” No senator may speak more than twice on a given No senator may speak more than twice on a given

question on the same legislative day.question on the same legislative day.

Rules for Debate:Rules for Debate:The FilibusterThe Filibuster

A filibuster is an attempt to “talk a bill to death.”A filibuster is an attempt to “talk a bill to death.” It is a stalling tactic, a process in which a minority It is a stalling tactic, a process in which a minority

of senators seeks to delay or prevent Senate action on a of senators seeks to delay or prevent Senate action on a measure.measure.

Filibusters try to monopolize the Senate floor and its Filibusters try to monopolize the Senate floor and its time that the Senate must either drop the bill or change time that the Senate must either drop the bill or change it in some manner acceptable to the minority.it in some manner acceptable to the minority.

Talk-and more talk-is the filibusters’ major weapon.Talk-and more talk-is the filibusters’ major weapon. Senators may use time-killing motions, quorum calls, and Senators may use time-killing motions, quorum calls, and

other parliamentary maneuvers.other parliamentary maneuvers. The Senate often tries to beat off a filibuster with The Senate often tries to beat off a filibuster with

lengthy, even day-and-night, sessions to wear down the lengthy, even day-and-night, sessions to wear down the participants.participants.

At times, some little-observed rules are quite strictly At times, some little-observed rules are quite strictly enforced. Such as, senators must stand or walk about enforced. Such as, senators must stand or walk about while speaking.while speaking.

Rules for Debate:Rules for Debate:The Cloture RuleThe Cloture Rule

The Senate’s real check on the filibuster is its Cloture The Senate’s real check on the filibuster is its Cloture Rule, Rule XXII in the Standing Rules of the Senate.Rule, Rule XXII in the Standing Rules of the Senate.

The Cloture Rule was first adopted after a filibuster lasted The Cloture Rule was first adopted after a filibuster lasted for three weeks.for three weeks.

Rule XXII provides for cloture-limiting debate.Rule XXII provides for cloture-limiting debate. It can be brought into play only by a special procedure. It can be brought into play only by a special procedure. A vote to invoke the rule must be taken two days after a A vote to invoke the rule must be taken two days after a

petition calling for that action has been submitted by at petition calling for that action has been submitted by at least 16 members of Senate.least 16 members of Senate.

If at least three fifths of the full Senate then vote for the If at least three fifths of the full Senate then vote for the motion, the rule becomes effective. motion, the rule becomes effective.

No more than another 30 hours of floor time may be spent on No more than another 30 hours of floor time may be spent on the measure. the measure.

Invoking the rule is no easy matter and is rarely done.Invoking the rule is no easy matter and is rarely done.

Conference CommitteesConference Committees Any measure enacted by Congress must have been passed by both Any measure enacted by Congress must have been passed by both

houses in identical form.houses in identical form. There are times when the House or the Senate will not accept There are times when the House or the Senate will not accept

the other’s version of a bill.the other’s version of a bill. When this happens, the measure is turned over to a conference When this happens, the measure is turned over to a conference

committee, a temporary joint committee of the two houses.committee, a temporary joint committee of the two houses. It seeks to iron out the differences and come up with a It seeks to iron out the differences and come up with a

compromise bill.compromise bill. Both the House and Senate rules restrict a conference Both the House and Senate rules restrict a conference

committee to the consideration of those points in a bill on committee to the consideration of those points in a bill on which the two houses disagree.which the two houses disagree.

The committee cannot include any new material.The committee cannot include any new material. The conferees, or leading members of the standing committee, The conferees, or leading members of the standing committee,

make changes that were not considered in either house.make changes that were not considered in either house. Once the conferees agree, their bill is submitted to both Once the conferees agree, their bill is submitted to both

houses. It must be accepted or rejected without amendment.houses. It must be accepted or rejected without amendment.

The President ActsThe President Acts Every bill must be presented to the President to become Every bill must be presented to the President to become

law.law. The Constitution presents the President with four The Constitution presents the President with four

options:options: The President my sign the bill, and then it becomes law.The President my sign the bill, and then it becomes law. Veto-refuse to sign the bill. The measure is then returned Veto-refuse to sign the bill. The measure is then returned

to the house in which it originated, with the President’s to the house in which it originated, with the President’s objections. Congress may pass the bill over the veto by a objections. Congress may pass the bill over the veto by a two-thirds vote.two-thirds vote.

The President may allow the bill to become law without The President may allow the bill to become law without signing it-by not acting on it within 10 days.signing it-by not acting on it within 10 days.

Pocket veto. If Congress adjourns its session within 10 Pocket veto. If Congress adjourns its session within 10 days of submitting a bill to the President, and the days of submitting a bill to the President, and the President does not act, the measure dies.President does not act, the measure dies.

SourcesSources

Magruder’s American GovernmentMagruder’s American Government: William A. : William A. McClenaghanMcClenaghan