The Legislative Process

Learning Objectives

• To examine the use of the filibuster in the Senate

• To assess to what extent the legislative process is difficult

Filibuster• In the Senate, unlike the House, no time limits are set on the speeches made for or against a

bill. It comes from the Spanish word filibustro, which used to describe a pirate.• The words has come to mean anyone acting in an irregular manner. A filibuster takes place in

the Senate when a member on the minority side tries to get a bill changed or killed by talking for so long that the majority group gets fed up and concedes.

• In the Senate, it is against the rules for a member of the majority to end a debate in order to vote. It is generally the case that no vote can take place if any Senator still wants to speak.

• Strom Thurmond, who talked non-stop for over 24 hours in 1957, held the record in Congress.

• To end a filibuster, Senators can invoke what is known as a cloture (a call for a vote), where three fifths (6) must vote, or in certain circumstances two thirds of those present.

• This can’t happen, however, until two days after the cloture has been proposed and signed by 16 senators.

• Even after cloture, there are still 30 more hours allowed, during which time Senators can speak for no more than an hour. In the event, this procedure is used less than one might suppose.

• During the presidency of George W Bush the Democrats used the filibuster to such effect that the Republicans considered changing the rules to make the process more difficult to achieve. The Democrats lost their ‘supermajority’ of 60 not long before the 2010 midterms and this made their position far more difficult.

Famous Filibusters

Why is the use of the filibuster now so controversial?

Read the articles about the use of the filibuster in US politics, and answer the questions below.1. Why is the use of the filibuster now so controversial?2. What (in your opinion) is the best option for reform?

[You may need to research options for reform in more detail on the internet.]

3. "The current partisan divide in Washington makes abuse of the filibuster increasingly untenable." - Do you agree? Why?

VLE Assignment

How difficult is the legislative process?

Difficult Not difficult

“We don’t like change!”

• There is certain degree of negativity that is part of the obstructionist's platform.

• Republicans, and some moderates of both parties, are not progressive.

• They want things to remain the same, even when it becomes out-dated.

• They look at new ideas with a preconceived idea that it will fail.

“Controversial Bill? Forget it!”• This means that controversial bills will

require some negotiations to get passed. • Controversial legislation typically won't

pass unless it's sponsored by the majority party, and even then weak links can be found to vote against the bill.

• The weak party discipline in the congressional system often means members of the party have little to gain from voting along party lines, and would rather follow their own personal opinions or those of their constituents.

“Political Action-less Committees”• The legislative process bestows

power on the committee system, allowing a committee to simply “table” a bill.

• Tabling a bill/piece of legislation means that it is set aside for later consideration.

• Whether or not it is "dead" depends upon how many people in the legislature want it considered later, how much other legislation is under consideration - and how much pressure they can bring to bear on the committee chair(s) to bring the tabled item up for active consideration.

“A Committee is a group of people who individually can do nothing, but as a group decide that

nothing can be done.” – Fred Allen

American Comedian, 1894-1956

President: “No Way José!”

• The presidential veto allows the president to return legislation to Congress unsigned.

• Congress can only override this veto with a 2/3 majority in both houses of Congress – something that is difficult to achieve, especially if the bill is considered to be partisan or controversial.

“I’ll filibuster you!”

• The filibuster allows the minority in the Senate to delay or defeat (potentially) any piece legislation.

• Sometimes the threat of a filibuster can force a small majority to negotiate further with the minority.

“Over my dead body….blah blah blah…Never in a

million years…blah blah blah…..”

“In a democracy the Majority rules!”

• If a party has a majority in both houses of Congress, then in theory they will be able to pass most of their party platform legislation (providing there is nothing too controversial).

• How easy it is to pass legislation is (normally) proportionate to the size of the majority.

• But what about divided government?

Year S H1981-1983 R D1983-1985 R D1985-1987 R D1987-1989 D D1989-1991 D D1991-1993 D D1993–1995 D D1995-1997 R R1997-1999 R R1999-2001 R R2001-2003 D/R R2003–2005 R R2005–2007 R R2007-2009 D D2009–2011 D D2011-2013 D R

“I lead…You follow!”• In both chambers, party leaders involve

themselves in the legislative process on major legislation earlier and more deeply, using special procedures to aid the passage of legislation.

• In the House, special rules from the Rules Committee have become powerful tools for controlling floor consideration of bills and sometimes for shaping the outcomes of votes.

• Often party leaders from each chamber negotiate among themselves instead of creating conference committees. Party leaders also use omnibus legislation that addresses numerous and perhaps unrelated subjects, issues, and programs to create winning coalitions.

NB: In the Senate, leaders have less leverage and individual senators have retained great opportunities for influence. As a result, it is often more difficult to pass legislation in the Senate.

“What the President wants…the President gets!”

• Presidents are partners with Congress in the legislative process, but all presidents are also Congress' adversaries in the struggle to control legislative outcomes. Presidents have their own legislative agenda, based in part on their party's platform and their electoral coalition. The president's task is to persuade Congress that his agenda should also be Congress' agenda.

• Presidential success rates for influencing congressional votes vary widely among presidents and within a president's tenure in office. Presidents are usually most successful early in their tenures and when their party has a majority in one or both houses of Congress. Regardless, in almost any year, the president will lose on many issues.

How difficult is the legislative process?

Difficult• RESISTANT TO CHANGE• CONTROVERSY• COMMITTEE TABLING• PRESIDENTIAL VETO• FILIBUSTER

Not difficult• PARTY MAJORITY• PARTY LEADERSHIP• PRESIDENTIAL

INFLUENCE

EXAM FOCUS

Why is it easier to defeat legislation in

Congress than to pass it?