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Why is it so hard to pass legislation in Congress?

Why is it so hard to pass legislation in Congress?. A21. It is notoriously difficult to pass legislation in Congress – why is this so?. Introduction. A21. The success rate for bills being passed in Congress is only 3%!! Of 13,000 bills proposed in 109 th Congress only 395 became law.

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Why is it so hard to pass legislation in Congress?

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  1. Why is it so hard to pass legislation in Congress? A21 It is notoriously difficult to pass legislation in Congress – why is this so?

  2. Introduction A21 The success rate for bills being passed in Congress is only 3%!! Of 13,000 bills proposed in 109th Congress only 395 became law • In UK, 219 were introduced and 58 became law. • Government bills of course pass without very little problem (due to Party control and Government majority)

  3. The reasons are that Congress is actually DESIGNED NOT TO WORK. A21 • The system of CHECKS AND BALANCES is such that the only way anything can be done is through a very rigorous set of COMPROMISES • Between institutions • Between Parties • AND often Within Parties There are 7 factors that have been considered by Anthony Bennett as to why legislation is so difficult to pass:

  4. 1) Complicated Process A21 There are a great deal of hurdles to overcome in the US system “It is stacked against the enactment of Law” • In the US the COMMITTEE STAGE is fundamental and comes BEFORE the Second reading • It is carried out by a permanent and SPECIALIST Policy committee • They have life or death say over bills AND are deferred to by other members due to their status as Specialist. In UK, there are 3 readings and a committee stage. The Committee stage comes after the 2nd reading and is carried out by a non specialist and partisan committee Remember how much control the Government / party has in these areas.

  5. 2) The need for SUPER MAJORITIES A21 • Any bill must have a MAJORITY in BOTH HOUSES • Any bill must have a MAJORITY of 3/5ths in the SENATE • (To end a FILIBUSTER requires 60 members) • Any bill VETOED by the President must have a MAJORITY of • 2/3rds in BOTH HOUSES • Supporters in this case have an uphill struggle. • EXAMPLE: Clinton vetoed the LATE TERM ABORTION BAN BILL • The House voted over 2/3rds to overrule the veto • The Senate however were 3 votes short of the 2/3rds required • THEREFORE: despite the fact that the majority overall wanted the ban the President (and minority supporters) still won the day

  6. 3) BOTH Houses possess EQUAL POWER The UK has only one real chamber to deal with when it comes to legislation. The Lords can only delay bills A21 The US has a bicameral system where BOTH houses share equal power necessitating compromise and negotiation It also leads to the potential problem of DIVIDED GOVERNMENT & GRIDLOCK. BILLS MUST BE APPROVED BY THE STANDING COMMITTEES OF BOTH CHAMBERS

  7. 4) The Two houses may be controlled by different parties A21 The separation of powers can lead to partisan chambers and often has done. This adds to complications. Although some may say it increases the scrutiny given to laws and appointments. During periods of divided government the House and Senate may be working towards different agendas and their committees chaired by people of very different ideologies. It can lead to GRIDLOCK in some circumstances

  8. 5) The President and Congress may be controlled by different parties A21 Again the separation of powers can lead to divided Government between President and Congress. This adds to complications. Between 1969 and 2001 for only 6 years did the President remain the same party as the Congress The use of the Presidential veto is greatest during a period of divided Government. (7 per year as opposed to an average of 2 per year) Divided government can cause a President a great deal of problems as Clinton found out. Clinton (Dem) wanted an increase in the minimum wage Congress (Rep) wanted cuts in Federal programmes!

  9. 6) Party discipline is weak A21 A Presidential majority is no guarantee of success. Of Clintons 6 legislative proposals in 1993 only 2 were passed (even with majority’s in the House and Senate Most votes in Congress are BIPARTISAN – One group of Democrats AND Republicans voting against another group of Dems and Reps. Check the example of No Child Left Behind

  10. 7) Decentralised power A21 • Previously there was a set of key players called ‘ the Kings of the Hill’ • Speaker ; majority leader and Committee chairmen • Over time however power moved from very powerful committee chairmen to subcommittee chairmen. • The powerful FEW became the considerably less powerful MANY • Piecing together coalions therefore is notoriously difficult now • “LIKE SEWING BUTTONS ON TO CUSTARD”

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