South Dakota State University

POLS 348: The Legislative Process

Concepts addressed: Legislative branch: formal and informal qualifications, selection and succession, roles, and powers and limitations

AN INTRODUCTION TO AMERICAN POLITICS

Political Science: A Science of Politics

What is Science? Conceptual Precision Empiricism Objectivity Control

Common Terms in Political Science

What is Power? When Person A gets Person B to do something Person B does not want to do. (Weber) Positive/Negative aspects Individual/Group Social Relations Social Context

What is Politics? Authoritative allocation of values (Easton) Who Gets What? (Lasswell)

The American Political System

Theory <—> Data

AN OVERVIEW OF LEGISLATIVE POLITICS: THE INSTITUTIONAL APPROACH D&O, Chapters 1-2, K&O, Chapters 1-2

A Brief History of Legislatures Tribal Councils Roman Republic British Parliament American Colonies

Comparing Legislatures on Key Indicators Professional and Amateur Legislatures Salaries Staffing Development of this review sheet was made possible by funding from the US Department of Education through South Dakota’s EveryTeacher Teacher Quality Enhancement grant.

Length of Sessions Size of the Legislature Length of Terms Term Limits Careers Trajectories and Political Ambitions Decision Making

The Functions of Legislature

Two Congresses Representation: "Congress of Ambassadors" Governing: "A Deliberative Body"

Traditional Approach Lawmaking Representing Oversight

The American Founding Democracy (Direct and Representative) Centralized Government: From Confederation to Federalism Separation of Powers Legislature Predominant (Locke's Social Contract) Strong Executive Checks and Balances Congressional Reform Modern Presidency and the Eclipse of Congress The "Textbook" Congress Post-Reform Congress: A Resurgence of Power?

Evolution of an Institution (What is an Institution?) Autonomy Complexity Universalism

Goal-Based Behavior: Multiple Goals Reelection Policy Power & Influence

Elective Careers Candidate-Centered Campaigns Political Experience (Incumbency) Career Ladders

MEMBERSHIP SELECTION See Campaigns and Elections; Political Parties and Interest Groups

WORKING IN AN ATOMISTIC CONGRESS (D&O, Chapter 5, K&O, Chapter 5)

Development of this review sheet was made possible by funding from the US Department of Education through South Dakota’s EveryTeacher Teacher Quality Enhancement grant.

Members are Individualistic Outside Congress Inside Congress

Congressional "Styling" Hill Styles Who are they?

Representation Symbolic (Descriptive) Substantive (Policy) Home Style

Roles: Trustee, Delegate,

Constituency Circles District Political Supporters Loyalists Intimates

Presentation of Self Qualified Identity Empathy

Office of the Members, Inc. Road Tripping Constituency Casework Personal Staff

INTERNAL POWER STRUCTURES See also Political Parties and Interest Groups

COMMITTEES: DECENTRALIZING BODIES (D&O, Chapter 7, K&O, Chapters 6-7)

"Congress at Work Is Congress in ."

Decentralized Power: Negative and Positive Power

Purposes of Committees: Distributional, Pork Informational, Expertise Partisan, Behest of Party Conference

Types of Committees: Standing, Select, Joint, Conference

The Assignment Process: Pecking Order Seniority Development of this review sheet was made possible by funding from the US Department of Education through South Dakota’s EveryTeacher Teacher Quality Enhancement grant.

Party Loyalty Electoral Concerns Representation (Regional, State; Class; Racial and Ethnic, Gender)

Policymaking Overlapping Jurisdictions Multiple Referrals Where Bills Go (Hearings, , Report)

Committee Staff

MEASURING THE POWER OF COMMITTEES

Get Their Legislation through the Variation by

INTERNAL FACTORS

Committee Leadership: Chair

Unekis and Rieselbach Model: Extreme (Chair Agree with Extreme Wing of Party) Partisan Middleman (Represents Middle of Party Position) Bipartisan Consensual (Pivotal Vote, Works with Both Sides)

Committee Integration: Cohesion

Socialization of New Members Behavioral Norms: Unity, Workhorse Not Show Horse, Collegiality, Policy Goals (Budget Committee: Reduce Spending) Infrastructure Norms: Specialization on Subcommittees, Reciprocity Between Subcommittees, Subcommittee Unity

EXTERNAL FACTORS

Subject Matter (Jurisdiction of Committees)

Policy Type Distributive: Allocate Federal Dollars, Pork, Coalitional Regulatory: Government Regulation of Business, Conflictual Redistributive: Zero-sum Issues, Taxes, Some Conflict

Member Goals: Reelection / Constituency Policy Power / Prestige

Committee Representativeness Does Committee Membership Reflect (Represent) Chamber Membership? Committee Assignments Bias Against this Sort of Assignment. Also Perfectly Matched Committees Would Discourage Members from Working as Hard on Issues in Which Development of this review sheet was made possible by funding from the US Department of Education through South Dakota’s EveryTeacher Teacher Quality Enhancement grant.

They Are less Interested.

Unrepresentative Committees (Outliers): Less Successful, Independent from Party Leadership

COMMITTEE REFORM

Textbook Congress Chair is all-powerful! Holds Meetings, Sets Agenda, Invites Witnesses, Votes Proxies, Decides on Subcommittees, Selects Subcommittee Chairs, Hires Committee Staff, Becomes Bill Shepherds Bill Before Full Chamber//

Subcommittee Bill of Rights Chair Elected by Caucus, Not Seniority Rule, Steering Committee (Dominated by Speaker, Controls One-fourth of Votes) Must Have Subcommittees, Chairs Elected by Committee Subcommittee Chair Hires Staff, Controls Agenda

Contemporary Congress, Republican-led Chair Elected by Caucus, Six-year Term Limit Must Have Subcommittees, but Selected by Chair In Current Congress, Can Vote Proxies

RULES AND PROCEDURES: FURTHER DECENTRALIZATION D&O, Chapter 8, K&O, Chapter 8

Introduction of Bills Authorship and Sponsorship Drafting and Timing

Referral of Bills Rules and Speaker's Decision

SCHEDULING IN THE HOUSE

Calendars (Lists of Bills). Does Not Guarantee Access to Floor. Does Not Mean Date Has Been Set for Bill to Proceed to Floor. Some Action Is Required to Have Debate and Vote on Floor.

Shortcuts to Calendars Corrections Calendar Suspension-of-the-Rules

The Rules Committee Dominated by Speaker, Hence Party

"Rules" (Or Special Rules) = Privileged Resolutions That Grant Priority for Floor Consideration for Virtually All Major Bills "Open" Any Germane Amendments "Closed" No Amendments of Any Kind Can Be Offered Development of this review sheet was made possible by funding from the US Department of Education through South Dakota’s EveryTeacher Teacher Quality Enhancement grant.

"Modified" Some Parts of Bill or Certain Kind of Amendment, or Certain Specific Amendments Can Be Offered

Creative Rules King-of-the-hill, Last Amendment That Wins Is Attached to Bill Queen-of-the-hill, Amendment with Most Support Is Attached

Three Means to Dislodge a Bill from Committee 1. Discharge Petition, Majority on Floor with 218 Signatures Can Remove from a Standing Committee 2. Calendar Wednesday, Standing Committees Can Bypass Rules Committee on Wednesdays If Bill Is on Calendar ( of Committees, Committee May Wait Weeks for its Turn to Come Up, Only Chairman or Designated Committee Member, Two Hours of Debate, must Complete Action on That Day, If Not Return to Roll Call) Rule Can Be Dispensed with by 2/3 Vote 3. Extraction - Rules Committee Can Propose Rules for Bills That Are Stuck in Committee House Floor Procedures Adoption of Rule Committee of the Whole General Debate Amending Phase Voting Final Passage

House Floor Procedures Adoption of Rule Committee of the Whole General Debate Amending Phase Voting Final Passage

SCHEDULING IN THE SENATE

Reaching Floor Is More Difficult, Protection of Minority Rights, Individual Senators Have Power to Block Legislation

"Traditional" Be Recognized and Speak Tag-team Filibuster

Invoke

Other Dilatory Tactics Filibuster by Amendment Points of Order (Call Quorum)

"Hold" System Secret until 1997. "Silent" Filibuster

Unanimous Consent (UC) Resolution or Agreement, Similar Procedure to House "Special Rules," Sets Terms of Debate, Including Amendments, Time of Debate, Germaneness Requirement

Bicameral Legislation

Development of this review sheet was made possible by funding from the US Department of Education through South Dakota’s EveryTeacher Teacher Quality Enhancement grant.

The Role of the Conference Committee: The "Third" House

Party and Chamber Strategies

Selection of Members House Instructions Presidential Involvement or "Summits"

DECISION MAKING IN AN ATOMISTIC CONGRESS D&O, Chapter 9

Types of Decisions (Non-Voting) Specializing Staking Out Positions Participation

What Do Votes Mean?

Determinants of Voting

Party and Ideology Member's Ideology (Personal Values) Similar Constituencies House Leadership Presidential Leadership

Staff

Constituency Trustee / Delegate Attentive and Inattentive Publics

Other Members Party Leaders Similar Colleagues (regional, committee)

The Presidency

Interest Groups

Vote History (Standing Decision)

RELATIONSHIPS WITH EXTERNAL ACTORS See Executive Branch; Political Parties and Interest Groups

POLICY PROCESSES AND OUTCOMES

THE BUDGET: THE CENTRAL POLICYMAKING TOOL Development of this review sheet was made possible by funding from the US Department of Education through South Dakota’s EveryTeacher Teacher Quality Enhancement grant.

D&O, Chapter 14

Policymaking Process Include Fifth Step: Evaluating Policy Which Actors Are Important at Which Stage?

Budget as Policy Instrument Monetary Policy - Overall Economy Federal Reserve Bank Manipulates Interest Rates Debt Management (deficit, surplus, and the debt)

Fiscal Policy - Particular Sectors of the Economy Spending Encourages Behavior Taxes Discourage Behavior Evaluating Tax Systems Fairness (equity of burden) + Ease of Collection Elasticity (responsive to changes in economy) Kinds of Taxes: Income, Sales, Property, User Fees and Penalties

History of National Budget Making Pre-1921 (agency and congressional committees) 1921 - Centralized authority: Bureau of Budget, General Accounting Office 1939 - Bureau of Budget in Executive Office of the President 1969 - Office of Management and Budget 1974 - Budget and Impoundment Control Act, Congressional Budget Office 1981 - Reagan Tax Cuts, increased deficits and, hence, debt 1985 - GRH land II 1990 - Budget Enforcement Act, "fire walls," deficit-neutral (PAYGO) 1998 - First of Three annual surpluses 2001 - Bush Tax Cuts 2002 - Return of Deficit Spending 2005 - Return of "Structural" Deficits

NATIONAL SECURITY POLICIES: LEGISLATING BEYOND THE WATER'S EDGE D&O, Chapter 15

Constitutional Powers Globalization in the 21st Century The Presidency as a Unitary Actor Crisis Policies: The War Powers Homeland Security and Antiterrorism

CONCLUSION (D&O, Chapter 16, K&O, Chapter 14)

Two Congresses? The Last Gasp of Legislative Power?

Development of this review sheet was made possible by funding from the US Department of Education through South Dakota’s EveryTeacher Teacher Quality Enhancement grant.