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1. Anyone may introduce a Bill (a) In the House of Representatives:

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1

How A Bill Becomes A

Law

(2)

How A Bill Becomes A

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3

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 order

or

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)

Double

Tracking-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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References

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