Question

In: Economics

In the Senate, there is a certain procedural rule not created or even anticipated in the...

  1. In the Senate, there is a certain procedural rule not created or even anticipated in the Constitution that makes it hard for most bills to pass the Senate even if a simple majority of Senators favor passage. What is that procedural rule, exactly how does it work, and how does it relate to the role of political parties in the Senate? This question does not involve the role of the House of Representatives or the president in the passage of bills, but rather, is strictly about whether a bill will pass the Senate?

Solutions

Expert Solution

1- Legislation is introduced-
- Any member can introduce a piece of legislation
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. If any senator objects, the introduction of the bill is postponed until the next day.
2- Committee action-
- The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218 members).
Steps in Committee:

Comments about the bill's merit are requested by government agencies.
Bill can be assigned to subcommittee by Chairman.
Hearings may be held.
Subcommittees report their findings to the full committee.
Finally there is a vote by the full committee - the bill is "ordered to be reported."
A committee will hold a "mark-up" session during which it will make revisions and additions. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote.
In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways:
Members can move rules to be suspended (requires 2/3 vote)
A discharge petition can be filed
The House can use a Calendar Wednesday procedure.
3- Floor Action-
Legislation is placed on the Calendar
House: Bills are placed on one of four House Calendars. The Speaker of the House and the Majority Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a discharge petition.)

Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought to the floor whenever a majority of the Senate chooses.

Debate-
House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members.

Senate: debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane - riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death."

Vote - the bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee.
4- conference Committee
Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill.
If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber.
The conference report must be approved by both the House and the Senate.
5.The president
The bill is sent to the President for review.
A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.
If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.")
If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law.
6.The bill Becomes a Law
Once a bill is signed by the President or his veto is overridden by both houses it becomes a law and is assigned an official number.


Related Solutions

2. At a certain college, the student senate conducted a poll of 200 students to ask...
2. At a certain college, the student senate conducted a poll of 200 students to ask about using student services. In the poll, 24% of students had used tutoring services in the past week, 72% had used the library in the past week, and 14% had used both tutoring and the library in the past week. a. What percent of students used either tutoring or the library in the past week? b. What percent of students used neither tutoring nor...
The US senate has 100 members, A certain bill they are considering has 49 supporters and...
The US senate has 100 members, A certain bill they are considering has 49 supporters and 51 opponents. On the day of the final vote, 5 senators are absent due to random circumstances that are not related to the bill. What is the probability that the bill passes?
Compute the anticipated room rate using the Rule-of Thumb, or Building Cost rate. (Note: More information...
Compute the anticipated room rate using the Rule-of Thumb, or Building Cost rate. (Note: More information may be GIVEN than is needed.) GIVEN: Number of rooms 800 Average Occupancy Percentage first two years 60% Cost of erecting the building $64,500,000 Cost of acquiring the land $ 8,000,000 Legal costs to incorporate $        500,000 Upfront costs to lease furniture and TV’s $       100,000 Landscaping costs $ 1,250,000 Cost of tearing down the old structure $       750,000
-1 Two loop rules and a point rule are created for a simple circuit: 10 -...
-1 Two loop rules and a point rule are created for a simple circuit: 10 - 10I2 - 20I1 = 0 10 - 5I3 - 20I1 = 0 I1 = I2 + I3 I1 represents the current coming from the battery. Assume that all currents are positive. What is the equivalent resistance of the circuit? A. 10.0 ? B. 35.0 ? C. 12.7 ? D. 23.3 ? 1.2 For the situation described by the equations given in the previous question,...
Provide the AICPA code reference to the rule that requires even part time faculty members to...
Provide the AICPA code reference to the rule that requires even part time faculty members to comply with the integrity and objectivity rule.
The events of 2020 and in particular the COVID-19 pandemic have created many threats and even...
The events of 2020 and in particular the COVID-19 pandemic have created many threats and even opportunities for companies. How has the COVID-19 pandemic affected the taxi industry in Australia? What strategies would you recommend to taxi companies in the short and long term to deal with these issues?
The rule nonconsequentialist theories essentially state that there are certain moral absolutes that should never be...
The rule nonconsequentialist theories essentially state that there are certain moral absolutes that should never be violated (e.g., rules against killing, mutilating, stealing, and breaking promises). To what extent do you agree or disagree with this idea? Are there certain do’s and don’ts to which human beings should always adhere and what are they? Why should they adhere to these moral principles, and what are the reasons behind this view of yours?
The UCC Perfect Tender Rule sets out certain options that the buyer of goods has if...
The UCC Perfect Tender Rule sets out certain options that the buyer of goods has if the delivery fails to conform to the contract. What are these options? What conditions must the buyer meet?
Warranties can be created when a seller affirms that the goods meet certain standards of quality,...
Warranties can be created when a seller affirms that the goods meet certain standards of quality, description, performance, or condition. These warranties are a. Express b. Implied c. Executed d. Executory Why A? Your explanation should compare express and implied warranties
Some ads are amateurish, poorly written, even downright annoying—especially cyberads created for the Web. Identify a...
Some ads are amateurish, poorly written, even downright annoying—especially cyberads created for the Web. Identify a digital ad that you consider to be ineffective, and offer a detailed critique on why the ad’s copy and illustration left you with a negative impression and failed to stimulate you to action. Be sure to include a copy of the ad.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT