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How A Bill Becomes A
Law
How A Bill Becomes A
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Step #1: Introducing A Bill
1.
Anyone may introduce a
Bill
a)
In the
House of
Representatives:
1) Hand Bill to a clerk
2) Drop Bill into a “hopper” (tradition from UK)
b)
In
the Senate
:
1) Being recognized by the presiding officer and announcing the bill’s introduction
2.
Bill is numbered and sent
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⚫ Types of Bills:
a) Public- public affairs
b) Private-
a) a person pressing a financial claim against the government
b) Seeking special permission for something (citizenship)
(once numerous)
⚫ Types of Resolutions
⚪
Simple (passed by either
house)
Example - establishing the rules under which each body will operate
⚫ Types of Resolutions (Cont)
b) Concurrent
Resolution-a) Settles housekeeping and
procedural matters that impact both houses
⚪ Both Simple and Concurrent are not signed by the president and do not have the force of law
c) Joint Resolutions
-b) Requires approval of both houses + the signature of the President
a) Essentially, same as law b) Often used to propose
constitutional amendments…
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Step #2: Study By Committee
1.
Bill referred to a
committee by either;
a)
Speaker of the House
b)
Presiding officer of the
Senate
⚫
Rules govern which
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Step #2a: Study By Sub-Committee
2.
Referred to a
Sub-committee
⚪
Sub Committees are the
research arm of the larger,
Full/Standing Committee
⚪
Multiple Referral vs.
Sequential Referral
What happens in a
subcommittee?
a)
Witnesses appear
b)
Evidence is taken
c)
Questions are asked
d)
Hearings used to
a)
Inform members
b)
Permit interest
groups
c)
Build public support
Sample Testimony
3.
After hearing,
sub-committee
“marks
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Step #2: Study By Committee
Note about Committees:
⚫ Committees may hold bills hostage!
⚫ Discharge Petition
⚫ House – 218 signatures
⚫ Senate – motion
⚫ Last 100 years – attempted 800+ times, successful 24 times
4.
Back to the Standing
Committee for a possible
vote
⚪ If majority of the committee votes to report a bill out of committee, it goes on
Accompanied by a report that explains:
Why the committee favored it Why they wish to see its amendments, if any, adopted
b) If the committee does not
report favorably on the bill, the bill dies
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Out of Committee…onto Rules
5.
Bill must be placed on
calendar
before it can go before
the house again
⚪
Though it goes on the calendar,
Not considered in orderor
Necessarily at all
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Rules Committee
⚫
Adopt a rule to govern the
procedures under which the
bill will be considered
1.
Closed Rule
:
a) sets strict time limits on debate
b) forbids the introduction of amendments from the floor (except if offered by
sponsoring committee)
2.
Open Rule:
a) Permits amendments
3.
Restrictive Rule:
a) Permits some amendments but not others
⚫
Exceptions to the Rules:
⚪ In House:
1. Member can move that the rules be suspended
Requires 2/3 vote
2. A discharge position can be filed
3. House can use the “Calendar Wednesday Procedure”
⚫
Rules are in place to prevent
“riders”
⚪ Provision added to legislation that is not germane to the bill’s purpose
⚪ “Christmas Tree” Bill
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THE HOUSE
THE SENATE
1. Discussed by “Committee of the Whole”
a) Whoever is present at the time
b) Quorum for C.W.: 100 ppl (usually 218)
1. Speaker chooses presider
2. Committee debates, amends, decides final shape
⚫ During this time, no riders
allowed- unless related to bill’s purpose
⚫ Time for debate divided evenly
⚪ 5 minutes per person
⚫ “Quorum Call”- time staller
⚫ No rule limiting debate
⚫ Senators can speak as long as they want
Remarks need not be relevant
Anyone can offer an Amendment at anytime
Amendments need not be germane Often had many riders
⚫ No Committee of the Whole
⚫ If house has passed a bill, Committee hearing can be waived in Senate
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Step #3: Floor Debate
⚫
THE SENATE (continued)
⚪
Filibuster
-
The use of obstructionist tactics, especially prolonged speechmaking, for the purpose of delaying legislative action.Strom Thurmond
set a record in 1957 by filibustering the Civil Rights Act of 1957 for 24 hours and 18 minutes, although the bill ultimately passed. Thurmond broke the previous record of 22 hours and 26 minutes set by Wayne Morse (I-OR) in 1953 protesting the Tidelands Oil legislation.
Visited a steam room before his filibuster in order to dehydrate himself so he could drink without urinating. An aide stood by in the cloakroom with a pail in case of emergency.“
⚪
Cloture Rule- parliamentary procedure by which debate is
ended and an immediate vote is taken on the matter under
discussion.
Requires 16 Senators for petition
Motion is voted on 2 days after petition is introduced
To pass, 3/5 of Senate membership is needed- 60 Senators If passed, each Senator is limited to 1 hour of debate
After that, total debate can only = 100 hours (including role call)
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Step #3: Floor Debate
⚪
Cloture (Continued)
DoubleTracking-One way to keep Senate going during cloture
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Step #4 Voting
1. Voice Vote-
a) Yea vs Nay
2. Division (Standing
Vote)-a) Stand and be counted
(in both, members names are not recorded) 3. Teller Vote-
a) the members pass between two tellers..yeas first, nays second
b) Usually recorded
5.
Role Call
Vote-1.
Yea or Nay to people’s names
2.
Can be done at the request of 1/5 of reps present
6.
The Senate
7.
No teller vote and not electronic counters
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Step #5 (Sometimes): Reconciling Different Bills
⚫
If a bill passes the house differently in the House than in
the Senate, differences must be reconciled.
⚫
If changes minor, last house may refer back to first house
to accept alterations
⚫
If differences are major, bill goes to
conference
committee:
⚪
Each house votes to make committee
⚪
Members picked by chairperson of the House + Senate Committees
that have been handling the bill
3-15 members per house (depending on bill)
Decision must be approved by majority of all members
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Step #6: Off To The White House
⚫ If bill is accepted by both houses, goes to President
⚫ President’s options:
⚪ Sign or veto
⚫ If President signs, Bill becomes a law!
⚫ If President vetos, bill goes back to Congress
⚪ Congress can override with a
2/3 vote of members present in each house (if quorum
exists)
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1. Who can propose a bill?
2. How is a resolution different from a bill?
1. Simple
2. Concurrent
3. In which house do “bills for raising revenue” get proposed? Why?
4. Why is it cool to be on the ways and means committee?
5. What does an appropriation mean?
6. Os multiple referral of a bill better than the traditional way of referring a bill?
7.
Is the discharge petition useful in speeding things up?
8.
Why is adopting a closed rule most common in the
House, not in the Senate?
9.
How is the “Committee of the Whole” different from a
quorum?
10.
What are some differences that exist as far as Floor
Debate in each house?
11.
What is a filibuster?
12.
Does cloture help move things along?
13.
What are the advantages/disadvantages of a teller
vote?
14.
Does Congress take too long to accomplish its goal?
15.
Are there too many members concerned with self
interest?
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