Congress Final
suspension of the rules
a way the house operates to be more efficient -suspends all of the rules, operates without -used for less controversial matters, usually things under $100 million -speaker sets agenda and recognizes member, no committee, right to the floor -no amendments, speedy -2/3 super majority required to pass -40 min debate -very common and very efficient
committee of the whole
a way the house operates to be more efficient, very common now -house of representatives in another form to operate as one big committee of all members -applies different set of rules -happens when rule for committee of the whole is approved -speaker appoints a presiding officer who is a junior member of the speaker's party, mace is lowered and taken away when speaker leaves -only need 100 members to do business -happens almost every day, very efficient
administrative creativity
congress creates and passes legislation, but when the presidents signs they can express their opinion on what they think it means or should mean through a signing statement.
going nuclear
constitutional option to change the filibuster rule that you need 60 votes to end -constitution has right to change own rules, don't need everyone to vote to change this -did this for most court nominees and then supreme court too
regulatory domestic policy
designed to protect the public from harm -constrains or encourages behavior -ex: financial regulation, clean-air regulation, food and drug administration
shrinking budget discretion
most spending is mandatory (medicare, medicaid, social security), only a bout a third of the budget pie is discretionary spending and within congress' control -large portion of discretionary goes to defense
the filibuster
a dilatory/obstructive motion used in the senate to extend debate to hold the floor -a power that probably isn't good for doing legislative business, but that senators do not want to give up -most aren't actually talking filibuster, most are just threats to hold stuff up -can be ended with a cloture: 3/5 senators to top debate, still get 30 more hours of debate though -filibuster is exponentially more common, so are clotures -BUT probably even more common b/c threats are so common, but not visible
war powers act 1973
1. if military action is taken must be response to an attack, declaration of war, or statutory authorization 2. president can't send troops without consulting congress in advance 3. president has to report to congress 48 hours after action 4. if don't get one of the 3 to take action, need to terminate in 60 days -made to reel in president's war power -mostly ignored by presidents -toothless application -flagrant violations have upset congress (clinton in somalia) -60 day rule violated all the time -but 48 hour reports are usually sent
presidential options
1. sign into law (most used) 2. veto (override with 2/3 votes) rarely overridden 3. no action (becomes law in 10 days) 4. pocket veto (if congress adjourns) --veto is only tool that constitution gives to president, not often used but always a threat of doing it and is a way to influence congress
types of national security policies
1. structural (resources): biggest portion of discretionary spending is military spending 2. strategic (military policies and diplomacy) where immediate concerns are dealt with 3. crisis (protection) war powers, sending troops, bombing
conference committee
3rd house, part of linear/normal order lawmaking, but is much less common today, used to be very important and did all the real work of the congress -members selected from committees with jurisdiction to reconcile differences in legislation passed by both chambers -sometimes still happens, 10% of bills -BUT mostly bypassed: adopt other chamber's version or do behind the scene amending through leadership and staff -70% of bills already match between chambers b/c leadership, chairs, interest groups, etc. write them and fix them behind the scenes -this is a sign of strong leadership, dysfunction, and polarization, but is very efficient
unorhodox lawmaking
lawmaking by other means, not the linear way that we are taught a bill becomes a law--violates normal order -omnibus bills -suspension of the rules -summits/budget brinksmanship -multiple referral of bills to committees -complex/custom rules assigned to bills -skipping conference committees **the way most laws are made now
recent budget chaos
marked by total unpredictability -2011 budget control act: obama meets tea party, dealing with looming debt ceiling crisis, but republican refused to raise debt ceiling so a super committee is created to cut 1.5 trillion under the threat of a sequester -no agreement was reached and we went off the fiscal cliff: on one hand would help deficit b/c the sequester would chop spending and taxes would rise as cuts expire, but projections were that this would actually slow the economy and hurt growth -after a continuing resolution, real budget was written in march -took total chaos to get to a budget agreement THIS IS BAD NEWS
revenue
money coming into the government, used in spending budget -major sources: personal income tax, payroll tax, corporate income tax, excise tax
Budget Reconciliation (in senate)
outlined in the budget act -tool to overcome obstruction, fast track -conforms spending and revenue with the budget resolution -creates omnibus budget bill, which is more and more common with unorthodox law making -reconciliation was looks to as a vehicle to do things as polarization increased -began to be used for non budget bills -includes special senate rules to avoid obstruction: only need simple majority, no filibuster, uses byrd rule that only germane amendments that are relevant to the bill can be offered, can't increase deficit beyond 10 years, can't make changes to social security -because of this, there is no excuse for the senate majority to blame the minority for not passing the budget bill
(Simple) Resolutions
type of legislation -only has to be passed by one chamber -used for rules of chambers and rules attached to bills -internal things such as allocating committee members -no white house involvement
Bills
type of legislation, most legislative proposals before congress are in bill form -come in both public and private form -becomes law if signed by President -designated by the chamber within which they originate
Concurrent Resolutions
type of legislation, must be passed by both houses -does not require president's signature and does not have the force of law -usually housekeeping stuff or expressive -commemorations, vote to adjourn congress, welcome foreign leaders, etc.
Joint Resolutions
type of legislation, requires president approval and has force of law -specific/special purpose and constitutional amendments -used to propose constitutional amendments
closed rule
very common now, part of unorthodox lawmaking -limited debates -prohibits rank and file members from offering amendments
Bypassing Committee
when a bill is not referred to a committee -done through task forces, leadership-written bills, discharge petitions (uncommon) -part of unorthodox lawmaking, loss of committee power -easier in the senate where committees have less power and the floor is more of a free for all
Multiple Referral
when a bill is referred to multiple committees -joint: sent to many all at once, all need to coordinate -sequential: give bill in sequence -split: bill is cut into pieces **part of unorthodox law making--headache/complicated, slows process; but also an opportunity to bring on more legislators and makes the bill better
congress and national security
Not just declaring war and funding war, so much more involvement
Open rule
Type of rule for floor debate/bill -The more traditionally way we think about Congress functioning -no real limits, open to any amendments -any lawmaker can propose german amendments -not common anymore
structured rule
Type of rule for floor debate/bill -preprinting of amendment in the congressional record or written in the rule, might be limited to amendment on certain sections of the bill -possible time limit on amending process
House Rules Committee
Unique to the House, plays a very important role and has existed since first congress -started as just preparing biennial house rules and dissolving after, now it is more important with the speaker as the chair and a standing committee -the traffic cop -arm of the majority party leadership: essential to majority party control of the floor b/c limits choices for legislators (frustrating to members b/c it takes away their authority) but provides certainty about activity on the floor -power: set agenda, set length of debate, set number and nature of amendments, set voting time limit, set voting procedure rules
authorization and appropriation
a dual process in congress' budget procedures 1. authorizations: establish/continue federal agencies and programs, define the purposes/functions/operations, and recommend the appropriation of funds for programs/agencies--allows programs to be treated and funded, and to make a recommendation to the appropriations committee 2. appropriation: initiated by house, a law that actually supplies programs and agencies with public funds (budget authority)
president as legislator
although president cannot draft/introduce legislation, they still have power in the process -power to persuade: president can command attention of national constituency and media -going public: president can go over congress' head to the public, used to be taboo, but started with fireside chats, motivate to contact congressman. usually best to follow the lead of interest groups and capitalize on existing support -two presidencies: differing levels of success in domestic and foreign policy, usually better at foreign policy -unilateral administrative action: president can make policy by themselves through executive orders, efficient but not deliberative or inclusive and can easily be taken away by next president
department of state
ambassadors and diplomats- relations around the world
war powers dispute
an issue that has arisen as the US has moved to an interventionist approach -concern about presiden't military power -started with Korean war w/out congress declaring, escalated with Vietnam war with president's being extra secretive
department of defense
armed forces, 3 million employees
distributive domestic policy
benefits for a defined group, tangible benefits (subsidies, tax breaks) to groups, individuals or firms -often called pork or earmarks -members bringing money back to their districts
supplemental budget bills
bills where money is appropriated outside of the big federal budget process -these bills are passed at random times throughout the year -used for military or emergency purposes (war in Iraq, needed more money) -sometimes presidents are accused of having known they would have to do this, but waited to use a supplemental bill so that the federal budget could be prettier -recently used for storms and hurricanes -a lot of additional spending, another way the budget process fails
National Security Structures
created by the national security act of 1947 at end of WWII -department of defense (pentagon, defense budget) -central intelligence agency, classified info about other countries or foreign nationals in US -national security council, national security and foreign policy advisors -joint chiefs of staff -all of these structures leave congress out of national security discussion
deficit
difference between what the federal government spends and what it takes in each year from taxes and other revenue sources(budget)
difference/tensions between executive and legislative branch
intentionally built into the constitution -different time horizons, constituencies -shared and separate authority -president may not introduce bills -but all bills go to president desk -treaties and nominations require work with senate -unilateral action posible, president often goes around congress -commander in chief v. war power and funding, president cannot declare war -oversight of executive branch, can investigate and hold congress accountable -impeachment, charged by house, trial by senate
two president's theory
president is more successful in foreign policy than domestic b/c can work quick and unilaterally -foreign policy=president centers, less interest groups, more autonomy and an informational advantage
debts
result of the federal government borrowing money to cover years and years of budget deficits -constitution permits borrowing
rules in the senate
rules are very different form the house, there is no rules committee -extended debate: essentially no limits, and often extemporaneous -need unanimous consent for almost everything -polarization makes senate less efficient because of this, very easy to obstruct -no general germaneness requirement, amendment free for all -hold: notice of intent to object (secret), request to party leader to not schedule a bill, stop things from happening without the public knowing, real power b/c can't be overcome like a filibuster
redistributive domestic policy
shifts resources among groups -very controversial -usually ideological -ex: affordable care act, paid for by upper income earners to proved subsidies to low/moderate income citizens -ex: medicare, medicaid, social security: growing controversy over the share of budget that gores to elderly compared to the rest of society, continues to increase
Complex/Creative Rules
side effect of nonorthodox law making, ways to avoid normal order -these rules are more complicated and reflect the current state of congress which is not linear and more confusing -queen of the hill rule, king of the hill rule, self-executing rule (passing the rule also passes the bill automatically) -often used to cover tracks or take credit for votes on bills they knew wouldn't pass anyways
department of homeland security
since 2002, grown rapidly
continuing resolution
special temporary budget that allows the government to keep doing what they did the last fiscal year for a little while longer while congress tries to pass a new budget -can pass multiple in succession -used when budget isn't read yet -sometimes goes halfway or all the way into the fiscal year -happens in divided and unified government -"band-aid measure" -way budget process fails
tax expenditures/the submerged state
spending that is done through the tax code, outside of the federal budget -this a black box that most of the public doesn't understand -government activity that we cannot see, over 1 trillion a year, gov does more through tax code than actual spending -tax write offs as an incentive: employer-provided health insurance, mortgage interest deduction, retirement plan benefits, tax breaks for charity -problematic b/c highly regressive: benefits go mostly to people with higher incomes, all are forms of lost revenue
why budgeting fails
the process of budgeting still does not work well -not a lot of money left to fight over because congress has less control and less of the budget is discretionary -polarization makes a divided government worse and there is less space to come together, which makes the filibuster worse b/c the minority uses it more to stop the majority -lack of enforcement/penalty, there is nobody making sure congress does what it is supposed to or makes the deadlines laid out in the budget act -elimination of earmarks that used to be used to help build voting coalitions -there are 1-2 big omnibus bills each year, which makes the budget showdown a tool to achieve other goals and it becomes a battle -the process overall fits the pattern of unorthodox law making over regular order -given all of this, it is surprising the budget happens at all
1974 Budget Act
this act came to be because congress felt like it was losing its power of the purse, which was leading to concerns of financial irresponsibility -president nixon (and other presidents) would impound/sit on funds that were allocated to certain programs that he didn't approve of, congress wanted to stop this -created the whole big budget process -created house and senate budget committees that coordinate to write the federal budget -created congressional budget offices(CBO), prepares economic forecasts for congress to estimate the costs of proposed legislation, score bills to provide expertise (recently not very trusted by congress) - created a timeline for budget development with important dates to meet to keep congress on track (dates are often not met) -concurrent budget resolution in house and senate in spring to lay out what the budget will look like (blueprint for spending) -created reconciliation bill that gives an opportunity to match budget resolution to law
Floor Action/Debate
this is often what we think happens in congress, open debate on the floor to make changes and decisions -however, most floor debate is scripted -no real debating happens, tight time limits -the interesting stuff happens elsewhere, in offices, the hallway, etc. -mostly a done deal once it makes it to the floor (like pro-wrestling, all predetermined)
military spending as geographic
this makes members care more about it because it exists in their districts -defense infrastructure is everywhere, so most members claim stake in this type of spending -border security spending is geographic -also b/c of trade, military goods are made in many districts which can cause a more protectionist trade philosophy from members -military contracts with private companies that produce things for the US government, which is a massive private infrastructure that members want to protect THIS LEADS TO MILITARY INDUSTRIAL COMPLEX: COZY RELATIONSHIP BETWEEN MILITARY, INDUSTRY, AND CONGRESS, all benefit from relationship--but protects private interest and not national interests and makes private interests a large factor in the national security dynamic
linear lawmaking
traditional way of lawmaking/normal order -intro-committee action-floor action-compromise approved by House/Senate-President signs into law **this process almost never happens today, pretty much only introduction still exists, very few bills actually becomes laws
