In: Economics
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?
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.