CHAPTER 6 THE LEGISLATURE Text Cubbage et al

CHAPTER 6: THE LEGISLATURE Text: Cubbage et al. , 1992

CHAPTER 6: THE LEGISLATURE v Chapters 6 -11: participants in policy process v. Official policymakers – with authority v. Unofficial – SIGs, media v Decision-making model & players people perceive problems or issues problems brought to attention of elected officials laws enacted by legislatures laws implemented by administrative agencies disputes over laws resolved by judicial system

LEGISLATIVE POWERS: 1. Enact Legislation: Constitutional Authority: Articles I, VIII) Why enact laws: 1. to protect state; to benefit general public 2. for public health and safety objectives 3. to promote free market competition 4. to protect people from discrimination or crime

LEGISLATIVE POWERS: 2. Raise & allocate funds: Raise revenue: - source of gov’t revenues: taxes fed agencies: congressional appropriations Knutson-Vanderberg Act of 1930 payments in lieu of taxes state’s sources of $ Appropriating expenditures: - Authorization (first), then Appropriation Developing budgets - Table 6 -1 (Budget timetable)

Examples of laws with $funding u u u Mc. Intire Stennis Act of 1962 – forestry research Federal Aid in Fish Restoration Act (1950) or Dingell-Johnson Sport Fish Restoration Act (with Wallop-Breauz funds) – cooperate with state fish and game departments in “fish restoration and management projects”, funded by an excise tax on fishing equipment. Federal Aid in Wildlife Restoration Act (1937), or Pitman. Robertson Wildlife Restoration Act – cooperate with state fish & game departments “in wildlife restoration projects”, funded by an excise tax on sales of arms & ammunition Land Water Conservation Fund Act of 1965 – US Army COE to develop & maintain outdoor recreation facilities at water resource development projects, funded by proceeds from sale of certain surplus property, motorboat fuels tax and appropriated funds. Migratory Bird Hunting Stamp Act (1934) or Duck Stamp Act – proceeds from annual stamp sales are deposited in migratory bird conservation fund to acquire wetlands & pothole areas & other lands suitable for migratory bird refuges.

LEGISLATIVE POWERS: 3. Oversight: the power of review Limitations to Congressional power of review: 1. Constitution - Prohibits Congress from suspending right of habeas corpus or pass an ex post facto law - Bill of Rights (first 10 amendments) places significant limits on congressional authority 2. Judiciary – courts check legislative powers - can rule on the constitutionality of laws influence policy by their interpretation of laws 3. Executive - can veto on a bill

LEGISLATIVE PROCESS u Figure 6 -4: The Legislative Process (also in Packet) u Senator/rep/group of Congress members introduces a similar bill into Senate, House, or both. u Bill is referred to standing committee, which may refer it to subcommittees (esp. in House) u Subcommittee reviews bill, holds hearings, accept original/amend it, pass it back to full committee u Full committee reports bill out for floor action by entire House or by Senate. House bills go to Rules Committee which sets conditions for floor debate. Each house may pass/defeat bill on the floor roll call/voice vote is done to determine majority. If House & Senate versions are not identical conference u u committee is convened to resolve differences.

LEGISLATIVE ORGANIZATION u Bicameral (House & Senate) – senator has 6 -yr terms – representative has 2 -yr term No limits to terms for senators & reps u 2 senators/state; representative 1/550, 000 u u u Most work (oversight, analysis, shaping of legislation) done by standing committees & subcommittees Legislators assisted by personal & committee staff

LEGISLATIVE ORGANIZATION u 4 Types of committees – Select – ad hoc, special assgts – Joint standing -recurring issues for both H&S – Conference - each bill, if different H & S versions – Standing - continuous

LEGISLATIVE ORGANIZATION u u Functions of committees – Hearings – Actions Some committees relating to natural resources – Agriculture (H, S) – Energy & Natural Resources (S), Interior & Insular Affairs (H) – Environmental & Public Works (S), Public Works & Transportation (H) – Labor & Human Services (S), Educ. & Labor (H), – Commerce, Science, & Transportation (S), Energy & Commerce (H)

LEGISLATIVE ORGANIZATION Individual Legislator: Influential factors: elections, interest groups, constituents, chief executive, bureaucracy, committees/party leadership, recommendations by trusted colleagues & constituents Issue selection – how do legislators choose issues to support? about 5000 bills introduced/year interest in important committees leadership in controversial issues

LEGISLATIVE ORGANIZATION Illustration: Pork Barrel and National Parks u Pork barrels projects: Congressional members get $ for these projects to the advantage of their own districts u before Reagan: National Parks Service (interdisciplinary panels) nominates new NPs for creation, Congress reviews and authorizes new sites & appropriates $ to run them. u Reagan --> new policy don’t create anymore NPs (more parks means big federal government!) u Reagan disbanded NPS panel; no new NP for next 10 years u Result: NP designation left to Congress entirely! u Events that followed: congressional members asked for $ to develop areas (of national significance) in their district --> about 20 sites were created and funded, and some of these were of DUBIOUS national significance! u Results: created NPs of little merit; resource implications include less dollars for others already existing!

LEGISLATIVE ORGANIZATION Individual Legislator: Representative philosophy: Delegate or Trustee? u Delegates – follow course of action dictated by constituents u Trustees – follow course of action they think is right or just; exercise independent judgment; they seek to lead constituents, hoping constituents will agree with them u Who usually acts like “delegates”? --> first year legislators, those who are up for re-election u Who usually acts like “trustees”? --> those who are elected with wide popularity margins