The document discusses the difficulties in passing legislation through Congress. It notes that only a small percentage of bills become law due to institutional barriers like checks and balances and the need for supermajorities. Committees have significant power over bills. Legislation is further complicated when different parties control the houses or presidency, or when power is decentralized. The legislative process is designed to make new laws difficult to enact.

1. Legislation
Difficulties

2.  It is hard to pass legislation through
Congress eg 2005/06 -3% of bills
became law
 Institutional and structural reasons –
Bennett ‘it’s not so much that the system
doesn’t work, but rather the system is
designed not to work’
 Constitutional system of checks and
balances- ‘separated institutions sharing
powers’ -Neustadt
Introduction

3.  The hurdles to enacting legislation are
substantial
 Smith – ‘...most remarkable feature of the
legislative process is how much is
stacked against the enactment of new
law’
 Standing committees have life and death
power over bills as well as power of
amendment
The process

4.  Any bill must find a majority in both houses
 Any bill must find a majority of three fifths in
the Senate – filibuster- Obama health care
 Any bill must if it is opposed by the President
find a majority of two thirds in both houses -
Clinton vetoed the Late Term Abortion Ban
Bill
 Legislation can be frustrated by a small
minority
Supermajorities

5.  Both houses have equal power in relation
to legislation –balanced bicameralism
 Bills must be approved by the standing
committees of both chambers; majorities
needed at second and third readings
 Conference committee
Equal power

6.  More difficult when different parties
control the Senate and House eg 1981-
87- a Republican controlled Senate and a
Democrat controlled House
 Different agenda and committees will be
chaired by followers of different ideologies
Party control

7.  Difficult for President to be successful with
his legislative agenda – Nixon, Ford
(whole terms),Clinton’s second term and
G.W. Bush last 2 years
 Clinton late 1990s supported a minimum
wage but Republican Congress wanted
cuts in federal programmes
 Presidential vetoes more common during
times of divided govt
Divided government

8.  Even when the President has a majority in
both houses no guarantee of success
 Clinton – failed to get his healthcare
reform through – scuppered by members
of his own party ;1990 Bush tax increases
passed only with Democrats support
 Most votes bipartisan -No Child Left
Behind-support of Democrats such as Ted
Kennedy
Weak party discipline

9.  1950s/60s – possible to get legislation
through by securing the support of ‘Kings
of the Hill’ –Speaker, majority
leader, committee chairs
 1970s onwards –subcommittee chairmen
and ordinary members of Congress
 Mavericks - Lieberman
Decentralisation of power