Understanding how Congressional political parties utilize floor procedure to advance a legislative agenda is fundamental to understanding how Congress operates. This book offers students and researchers an in-depth understanding of the procedural tools available to congressional leaders and committee chairs and how those tools are implemented in the House of Representatives, the Senate, and during negotiations between the chambers. While other volumes provide the party or the procedural perspective, this book combines these two features to create a robust analysis of the role that party can play in making procedural decisions. Additionally, the contributors provide an opportunity to take a holistic look at Congress and understand the changing dynamics of congressional power and its implementation over time. The second edition of Party and Procedure in the United States Congress includes case studies and analyses of the changes and innovations that have occurred since 2012, including the “nuclear option.”
A description of how federal laws are made and the legislative process in the United States Congress. The framers of our Constitution created a strong federal government resting on the concept of "separation of powers." In Article I, Section 1, of the Constitution, the Legislative Branch is created by the following language: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." Article I, Section 5, of the Constitution provides that: "Each House may determine the Rules of its Proceedings, . . .". Upon this elegant, yet simple, grant of legislative powers and rulemaking authority has grown an exceedingly complex and evolving legislative process—much of it unique to each House of Congress. Table of Contents 1. How Our Laws Are Made, by Charles W. Johnson, Parliamentarian (retired), U.S. House of Representatives (2003) I. Introduction II. The Congress III. Sources of Legislation IV. Forms of Congressional Action - Bills - Joint Resolutions - Concurrent Resolutions - Simple Resolutions V. Introduction and Referral to Committee VI. Consideration by Committee - Committee Meetings - Public Hearings - Markup - Final Committee Action - Points of Order With Respect to Committee Hearing Procedure VII. Reported Bills - Contents of Reports - Filing of Reports - Availability of Reports and Hearings VIII. Legislative Oversight by Standing Committees IX. Calendars - Union Calendar - House Calendar - Private Calendar - Corrections Calendar - Calendar of Motions to Discharge Committees X. Obtaining Consideration of Measures - Unanimous Consent - Special Resolution or "Rule" - Consideration of Measures Made in Order by Rule - Reported From the Committee on Rules - Motion to Discharge Committee - Motion to Suspend the Rules - Calendar Wednesday - District of Columbia Business - Questions of Privilege - Privileged Matters XI. Consideration and Debate - Committee of the Whole - Second Reading - Amendments and the Germaneness Rule - The Committee "Rises" - House Action - Motion to Recommit - Quorum Calls and Rollcalls - Voting - Electronic Voting - Pairing of Members - System of Lights and Bells - Recess Authority - Live Coverage of Floor Proceedings XII. Congressional Budget Process XIII. Engrossment and Message to Senate XIV. Senate Action - Committee Consideration - Chamber Procedure XV. Final Action on Amended Bill - Request for a Conference - Authority of Conferees - Meetings and Action of Conferees - Conference Reports - Custody of Papers XVI. Bill Originating in Senate XVII. Enrollment XVIII. Presidential Action - Veto Message - Line Item Veto XIX. Publication - Slip Laws - Statutes at Large - United States Code Appendix 2. The Legislative Process, by Michael Koempel and Judy Schneider, Ch. 8 in the Congressional Deskbook (TheCapitol.Net 2007) 8.00 Introduction 8.01 Legislative Process Flowchart 8.02 House Rules Citations 8.03 Senate Rules Citations 8.04 Selected Procedures: House and Senate Rules 8.10 Types of Measures 8.11 Legislation Glossary 8.20 Drafting and Introducing Legislation 8.21 House Cosponsorship Form 8.22 Sample "Dear Colleague" Letter 8.30 Referral of Legislation to Committee 8.31 Sample Jurisdictional Agreement 8.32 Sample of House Referral 8.40 Committee Hearings 8.41 Committee Hearings Schedule 8.42 Keeping Up with House and Senate Committee Hearings 8.43 Sample Truth in Testimony Form 8.44 Celebrity Witnesses 8.45 Field Hearing Announcement 8.50 Committee Markup 8.51 Committee Markup and Reporting Glossary 8.52 Keeping Up with House and Senate Committee Markups 8.60 Committee Reports 8.61 Reading the Cover Page of a House Committee Report 8.62 House Committee Reports: Required Contents 8.63 Senate Committee Reports: Required Contents 8.70 House Floor: Scheduling and Privilege 8.71 House Calendars 8.72 Daily Starting Times in the House 8.80 House Floor: Methods of Consideration 8.90 Rules Committee and Special Rules 8.91 Special Rules Glossary 8.92 Announcement on Amendments Prior to a Rules Committee Meeting 8.93 Reading a Special Rule 8.100 Consideration of a Special Rule on the House Floor 8.110 Committee of the Whole: Debate 8.111 The Mace 8.112 House versus Committee of the Whole 8.113 Who Is Allowed on the House Floor? 8.114 Committee of the Whole and the House: Stages of Action 8.120 Committee of the Whole: Amendment Process 8.121 Amendment Process Glossary 8.122 Basic House Amendment Tree 8.123 Keeping Up with the House Floor: Scheduling and Proceedings 8.130 House Floor: Voting 8.131 House Voting Glossary 8.140 House Floor: Motion to Recommit and Final Passage 8.141 Approval Terminology 8.150 House and Senate Compared 8.151 Comparison of Selected House and Senate Procedures 8.160 Senate Scheduling 8.161 Keeping Up with the Senate Floor: Scheduling and Proceedings 8.170 Legislative and Calendar Days; Morning Hour and Morning Business 8.180 Senate Calendars and Legislative and Executive Business before the Senate 8.190 Holds, Clearance, and Unanimous Consent 8.191 Who Is Allowed on the Senate Floor? 8.200 Time Agreements and Motions to Proceed on the Senate Floor 8.201 Example of a Senate Unanimous Consent Time Agreement 8.202 Comparing a House Special Rule and a Senate Time Agreement 8.210 Consideration and Debate on the Senate Floor 8.211 Longest Senate Filibusters 8.220 Senate Amendment Procedure 8.230 Cloture in Senate Floor Proceedings 8.231 Steps to Invoke Cloture 8.232 Senate Procedures under Cloture 8.240 Senate Floor: Motion to Reconsider and Final Passage 8.250 Voting in the Senate 8.260 Reconciling Differences between House-Passed and Senate-Passed Legislation 8.261 Reconciling Differences Glossary 8.262 Keeping Up with Reconciling House-Senate Differences 8.270 Amendments between the Houses 8.280 Conference Committees 8.281 Size of Conference Committees 8.282 Authority of Conferees 8.283 Conference Signature Sheet 8.290 Presidential Action on Enacted Measures 8.291 Vetoes and Veto Overrides: Presidential Clout 8.300 Publication of Public Laws 3. Introducing a House Bill or Resolution, Congressional Research Service (CRS) Report for Congress 98-458, November 25, 2008 (see CRS Report 98-458, July 7, 2014, 6-page PDF) 4. The Legislative Process on the House Floor, CRS Report for Congress 98-563, February 2, 2009 (see CRS Report 98-563, December 1, 2016, 18-page PDF) 5. Introducing a Senate Bill or Resolution, CRS Report for Congress 98-459, November 25, 2008 (see CRS Report R44195, January 17, 2017, 12-page PDF) 6. The Legislative Process on the Senate Floor, CRS Report for Congress 96-548, November 26, 2009 (see CRS Report 96-548, August 13, 2014, 20-page PDF) 7. Procedural Distinctions between the House and the Committee of the Whole, CRS Report for Congress 98-143, May 7, 2008 (see CRS Report 98-143, October 17, 2014, 5-page PDF) 8. Committee of the Whole: Stages of Action on Measures, CRS Report for Congress 98-564, December 8, 2006 - Resolving into Committee of the Whole - General Debate - Amendment Under the Five-Minute Rule - Committee of the Whole Reports - House Votes on Amendments - Motion to Recommit - Vote on Final Passage 9. House Committee Markup: Vehicle for Consideration and Amendment, CRS Report for Congress 98-188, July 17, 2008 - Summary - Introduced Measure - Subcommittee Reported Version/Committee Print - Staff Draft/Chairman's Mark - Amendment in the Nature of a Substitute 10. House Committee Markup: Reporting, CRS Report for Congress 98-267, July 17, 2008 - Options for Reporting Amendments - Options on How to Report - Other Reporting Actions and Considerations 11. Provisions of Special Rules in the House: An Example of a Typical Open Rule, CRS Report for Congress 98-334, April 15, 2008 12. Bills and Resolutions: Examples of How Each Kind Is Used, CRS Report for Congress 98-706, November 26, 2008 - Bills (H.R. or S.) - Joint Resolutions (S.J.Res. or H.J.Res.) - Concurrent Resolutions (S.Con.Res. or H.Con.Res.) - Simple Resolutions (H.Res. or S.Res.) 13. Floor Consideration of Conference Reports in the House, CRS Report for Congress 98-736, November 5, 2004 - Filing Conference Reports - Debating Conference Reports - Points of Order 14. The House Amendment Tree, CRS Report for Congress 98-777, May 19, 2008 15. Commonly Used Motions and Requests in the House of Representatives, CRS Report for Congress RL32207, May 22, 2008 (see CRS Report RL32207, September 16, 2015, 20-page PDF) 16. Amendments Between the Houses, CRS Report for Congress 98-812, June 27, 2008 (see CRS Report R41003, March 23, 2015, 40-page PDF) - Summary - Consideration of Senate Amendments by the House - Consideration of House Amendments by the Senate 17. Parliamentary Reference Sources: Senate, CRS Report for Congress RL30788, April 21, 2008 - Introduction - Principles of Senate Parliamentary Practice - Multiple Sources of Senate Procedure - Constitutional Rule-Making Authority of the Senate - Enforcing the Senate Rules and Precedents - The Senate's Reliance on Unanimous Consent - The Importance of Precedents - The Senate's Unofficial Practices - The Senate Manual and Authorities it Contains - Senate Manual - Standing Rules of the Senate - Permanent Standing Orders - Rules for Regulation of the Senate Wing - Rules for Impeachment Trials - Cleaves' Manual on Conferences - Laws Relating to the Senate - Constitution - Other Official Senate Parliamentary Authorities - Riddick's Senate Procedure - Rulemaking Statutes and Budget Resolutions - Legislative Reorganization Acts - Expedited Procedures - Budget Process Statutes - Procedural Provisions in Budget Resolutions - Standing Orders by Unanimous Consent - Unanimous Consent Agreements - Committee Rules of Procedure - Publications of Committees and Offices of the Senate - Budget Process Law Annotated - Senate Cloture Rule - Treaties and Other International Agreements - Enactment of a Law - How Our Laws Are Made - Rules of Senate Party Conferences - Appendix A. Senate Parliamentary Reference Sources - Appendix B. Senate Parliamentary Reference Information Available Through the Internet 18. The Committee System in the U.S. Congress, CRS Report for Congress RS20794, March 21, 2007 - Summary - Introduction - Structure and Organization - Types of Committees - Subcommittees - Composition - Leadership - Staff - Oversight - Operations and Procedures - Referral - Executive Agency Comment - Hearings - Markup - Report - Committees and Chamber Action 19. Other Resources from TheCapitol.Net Capitol Learning Audio Courses TM Understanding the Path of Legislation, ISBN 158733030X Congress, the Legislative Process, and the Fundamentals of Lawmaking, A Nine Course Series, ISBN 1587331241 Conference Committees: How the Work Gets Done, ISBN 1587330210 Live Training Capitol Hill Workshop CapitolHillWorkshop.com https://www.thecapitol.net/Publications/GovernmentSeries/1251_HowOurLawsAreMade.html
While analyzing the contentious debate over health care reform, this much-needed study also challenges the argument that treating medical patients like shoppers can significantly reduce health expenditures. This revealing work focuses on the politics surrounding the Affordable Care Act (ACA), explaining how and why supporters and opponents have approached the issue as they have since the act's passage in 2010. The first book to systematically examine public knowledge of the ACA across time, it also documents how that knowledge has remained essentially static since 2010, despite the importance of health-policy reform to every American. An important book for anyone concerned about the skyrocketing costs of health care in the United States, the work accomplishes three main tasks intended to help readers better understand one of the most important policy challenges of our time. The early chapters explain why congressional Democrats designed the Affordable Care Act of 2010 as they did, clarifies some of the consequences of the act's features, and examines why Republicans have fought the implementation of the law so fiercely. The study then looks at how the intersection of economics and politics applies to the ACA. Finally, the book details what the public knows-and doesn't know-about the law and discusses the prospects for citizens gaining the knowledge they should have about the overall issue of health-policy reform.
The Government-Industrial Complex analyzes the federal government's blended workforce of 9 million civil service, contract, and grant employees. Noted Government reform expert Paul Light explores the history of this blended workforce, explains its rise from Reagan to Trump, and outlines a process for promoting accountability across the government-industrial divide.
Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.
Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.
Between 1989 and 1995, commissioners closed down almost 100 military bases. The process was hailed as a means to take politics out of base closure, and it succeeded insofar as surplus bases closed after a ten-year hiatus. But the author of this volume asserts that the politics of base protection continued.
Leading political innovation activist Katherine Gehl and world-renowned business strategist Michael Porter bring fresh perspective, deep scholarship, and a real and actionable solution, Final Five Voting, to the grand challenge of our broken political and democratic system. Final Five Voting has already been adopted in Alaska and is being advanced in states across the country. The truth is, the American political system is working exactly how it is designed to work, and it isn't designed or optimized today to work for us—for ordinary citizens. Most people believe that our political system is a public institution with high-minded principles and impartial rules derived from the Constitution. In reality, it has become a private industry dominated by a textbook duopoly—the Democrats and the Republicans—and plagued and perverted by unhealthy competition between the players. Tragically, it has therefore become incapable of delivering solutions to America's key economic and social challenges. In fact, there's virtually no connection between our political leaders solving problems and getting reelected. In The Politics Industry, business leader and path-breaking political innovator Katherine Gehl and world-renowned business strategist Michael Porter take a radical new approach. They ingeniously apply the tools of business analysis—and Porter's distinctive Five Forces framework—to show how the political system functions just as every other competitive industry does, and how the duopoly has led to the devastating outcomes we see today. Using this competition lens, Gehl and Porter identify the most powerful lever for change—a strategy comprised of a clear set of choices in two key areas: how our elections work and how we make our laws. Their bracing assessment and practical recommendations cut through the endless debate about various proposed fixes, such as term limits and campaign finance reform. The result: true political innovation. The Politics Industry is an original and completely nonpartisan guide that will open your eyes to the true dynamics and profound challenges of the American political system and provide real solutions for reshaping the system for the benefit of all. THE INSTITUTE FOR POLITICAL INNOVATION The authors will donate all royalties from the sale of this book to the Institute for Political Innovation.
