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, Politico
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 Committees."
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, Markup, Report)
Committee Staff
MEASURING THE POWER OF COMMITTEES
Get Their Legislation through the Floor Variation by Committee
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 Floor Leader Shepherds Bill Before Full Chamber// Ranking Member
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 (Roll Call 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" Filibuster Be Recognized and Speak Tag-team Filibuster
Invoke Cloture
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.