whoo hoo! Congressional leadership House and Senate floor procedure (part 1) For more on floor procedure, see. Pocket floor procedures
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2 whoo hoo! Congressional leadership House and Senate floor procedure (part 1) For more on floor procedure, see. Pocket floor procedures
3 Have you checked out LegSim resources?
4 Congressional Leadership Constitutional roles Speaker of the House Vice President/P. Tempore Party roles Majority, minority party leaders Majority, minority party whips Committee chairs and ranking minority party members
5 Leader selection process In both chambers, chosen by majority of chamber In practice, majority party caucus decides then votes together on the floor Accountable to chamber or party?
6 Leaders objectives Fairness Enforce the rules of the chamber Efficiency Manage scarce time and resources Agenda control Promote party priorities
7 What leaders do Fairness Enforce the rules of the chamber in a non-partisan Efficiency Allocate scarce time and resources effectively Agenda control Favor party s priorities and election goals
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9 You are the House Speaker. Need to pass a funding to prevent a government shutdown A majority of your party will only vote for it if it also eliminates Obamacare funding No one in the other party will vote for it if it eliminates the Obamacare funding What will you do?
10 2013 Government Shutdown
11 Procedural fun facts! House and Senate used to have unlimited debate House started limiting debate in the mid-1800s ( previous question ) Senate started to limit it in the early 1900s ( cloture )
12 House of Representatives 435 members + 6
13 Ordinary House floor procedure Ordinary procedure bills are brought up on the floor in the order reported from committee One hour of debate, equally divided Germane amendments are in order 5 minute rule Previous question motion
14 Ordinary Senate floor procedure No limits on debate No limits on amendments No germaneness requirement
15 Floor management - House Special rule Rules Committee proposes an alternative procedure that must be approved by the chamber Open germane amendments allowed Restrictive limited amendments specified by the rule Closed no amendments Self-enforcing bill passes if rule is adopted
16 Senate 100 members
17 Floor management - Senate Majority and minority leaders consult on which bills to bring up Majority leader proposes either: Unanimous Consent Agreement (UCA), or Motion to proceed can be filibustered To prevent or end filibuster requires 60 votes for cloture
18 Voting Cloture (closure) Senator places hold on bill (threatening filibuster) Leader proposes cloture motion If a cloture is adopted (60 votes): 30 hours of additional debate Only amendments submitted in advance are considered ( filling amendment tree ) No senator can speak for more than one hour
19 Eliminate the filibuster?
20 Eliminate the filibuster?
21 Eliminate the filibuster?
22 Eliminate the filibuster?
23 Eliminate the filibuster? Actual filibusters are rare. Contemporary relevance is that 60 votes are required to pass almost any kind of legislation The bill failed by a vote of 54 yeas and 46 nays Not what the framers intended but still a good idea?
24 Next time: Committees Little legislatures What do they do and how do they do it?
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26 Today Congressional committees: Facts Theories of behavior (Groseclose and King) Next Monday: New members reception; leader nominations
27 New Members Reception 1. Something interesting about yourself unrelated to this class? 2. Your state and its priorities? 3. Your personal political views and priorities?
28 Committees in Congress
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33 Why committees? Facts: Committee responsibilities, membership and activities Gatekeeping - 85% of bills die in committee Theory: Explanations for patterns WHY do 85% die in committee? Test: Comparing predictions to facts Rare that facts only support one theory
34 Committee facts Activities and Procedure Jurisdictions and referral Assignment process
35 Activities and procedures Investigate: is action is needed? Issue Findings Review and develop legislation Hold hearing Consider amendments Report committee substitute with findings Oversee implementation of law
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37 Waxman article describes all of these activities (and makes it interesting!)
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39 Jurisdictions Committees have rights! Encourages specialization, reduces policy conflicts Protect your turf!
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41 Click here
42 Turf wars! Jurisdiction is not always clearly defined, especially for newer issues Facebook: Telecommunications or Consumer protection? Kaiser book: Agriculture? Where a bill gets referred can determine its fate! Tobacco: Agriculture or health?
43 Assignment process 1. Majority Party decides # of seats House: party bias (e.g. 55% => 69% on Rules) Senate: proportional (51%=>51%) 2. Members make committee requests 3. Party steering committees make assignments Seniority is primary consideration
44 Committee Theories (Groseclose and Snyder) Informational: Gatekeeping (GK) serves the interests of the nation (expertise) Distributive: GK serves the interests of local constituencies (pork) Partisan: GK serves the interests of the majority party (negative agenda control) Bicameral competition: GK serves the interests of lobbyists (blackmail)
45 And the facts support? All of these dynamics are in play. Hard to generalize Differences across committees and issues Across lawmakers (workhorses,.) Same lawmaker in different contexts
46 Robert Byrd
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48 Randy (Duke) Cunningham From Hero to Zero
49 New Members Reception Name, State, Party (optional!) Talk to at least 5 people you don t already know! -Politics of the state they represent -Personal policy interests and priorities
50 Chamber leader candidates (so far) Scott Platz Zack Bonser, Ryan Wagstaff, Arshia Nilchian (coalition) Trevor Hunt Ethan Silver Kerry Pemberton Kevin Lorayco Gerard Boseman Philip Darby
51 Today Decide procedures for: Electing leader of the chamber Assigning members to committees Selecting committee chairs Friday Make the actual decisions!
52 Next week Bill drafting ( major bill assignment May 6) Monday: *Important* discussion of what goes in a good bill for this class Read Waxman article? Tuesday: Committee meetings? Work together on legislation or separately?
53 Wednesday visit
54 This week! Bill drafting Types and purposes of bills Major bill assignment (Due Sunday, May 6) Elements of a bill Let s get to work!
55 Bill types S. Res. expresses the sense of the Senate on any matter S., S.J. Res alters current law (US Code) Constitutional amendments (S.J. Res) requires 2/3rds majority Authorizations vs Appropriations
56 Regular order Appropriations? 14 appropriations bills (one for each cabinet level agency) or one omnibus bill Irregular order Continuing appropriations (maintain funding at previous levels) Byrd Rule Amendments proposing net increases in spending are out of order
57 More on (LegSim) Byrd rule 1. A senator raises a point of order (that an amendment violates the Byrd rule) 2. The presiding officer makes a ruling on the advice of the parliamentarian 3. A senator can than appeal the ruling to the chamber. A 3/5ths vote is required to overturn it. In Congress, the Byrd rule applies to budget reconciliation bills (more on this later) but we ll apply it the same principle to appropriations!
58 Introducing a bill House: Legislation is handed to the clerk of the House or placed in the hopper. Senate: Members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour.
59 Bill referrals The majority leader refers each bill to one committee based on jurisdiction Bills cannot be edited on LegSim after they are referred
60 Purposes of bills Portfolios : Members sponsor bills for many different reasons. See Sponsor and Cosponsor activity charts Signal support (constituents, interest groups) Start a conversation Change public policy In a little way In a big way
61 Effectiveness? Is passing a bill what voters (or other lawmakers) care about?
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63 Effectiveness? Drafting quality legislation Advancing policy ideas Constructing an appropriate portfolio Working to make legislation better Building coalitions Persuading others to reconsider their support or opposition to someone else s bill And much much more
64 Major bill assignment Change public policy in a big (but not too big) way Read and complete all parts of the assignment Cannot be copied from another source Cite all sources used in developing it Appropriations members must research and draft their own authorization bill
65 Subject restrictions? None! Just remember that you are changing federal law.
66 Elements of a bill Findings (what is the problem?) Definitions (what is an assault weapon? ) Statutory language (updating the US code) Proposed policy? Who is responsible? Policy evaluation? Authorization of appropriations (cost?) Sunset clause? (temporary or permanent law?)
67 Located under the instructions link on LegSim Elements of a bill
68 Some random examples bills Worker training for displaced miners Scientific integrity Assault Weapons Ban of 2017 Second Amendment Enforcement Act ALEC model legislative language
69 Wednesday! Bring your federal problem(s) to discuss Brainstorm: What could we do about it?
70 Wednesday visit
71 House v. Senate Day in the House Nice details about House organization here: Day in the Senate 52:00 Introducing a bill in Senate examples 3:40
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76 Bee facts? What do we know and what don t we know? What is the problem?
77 Current bee policy? US Code search honeybee
78 Current bee policy? Code of Federal Regulations search honeybee
79 Current bee policy? Bills search honeybee
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82 Major bill assignment? It s on the syllabus Submit as a written assignment (including explanation on Canvas) Submit bill on LegSim Verbally introduce bill during morning business starting next week (30 seconds use it well!)
83 Next week Senate Morning Business begins! Budgeting How Congress tries to be fiscally responsible *whoo hoo! So you want to balance the budget.
84 Groups of 3-4 Try to do this for several problems 1. Describe the problem. Is there a role for the federal government? If yes, 2. Brainstorm: What could the government do about the problem? 3. Pick one solution and work through the prompts on the sample bill template
85 Strategic Agenda Setting What problem do other people want to address? Define your pet proposal as a solution to that problem! Problem: School violence Solutions? Problem: Stagnant wages Solutions? Problem: Opioid crisis Solutions?
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88 Groups of 3-4 Try to do this for several problems 1. Describe the problem. Is there a role for the federal government? If yes, 2. Brainstorm: What could the government do about the problem? 3. Pick one solution and work through the prompts on the sample bill template
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