Chapter 106

into a number of committees, each of which is charged with the consideration of legislation dealing with particular subjects. Previous to 1911 the Speaker appointed all House committees, but since that date all committees have been chosen by the House as a body, though in practice the decisions are made by the caucuses of the majority and minority parties, held just before the organization of the House. Similarly, the Senate chooses its own committees from lists drawn up by the caucuses of the two political parties. In either house, the minority party has such representation upon committees as the majority party chooses to allow. There are in the House more than fifty of these committees, while in the Senate the number is even larger. In the House of Representatives the more important committees are those on rules, ways and means, appropriations, judiciary, banking and currency, interstate and foreign commerce, and rivers and harbors.

B. THE MAKING OF A FEDERAL LAW [Footnote: A more detailed account of the law-making process may be found in Reed, _Form and Functions of American Government_, Chapter XXII.]

555. HOW LEGISLATION IS INITIATED.--The course of congressional legislation may be illustrated by following a bill through the House of Representatives.

Any member of the House may introduce a bill by filing it with the clerk. The title of the bill is printed in the _Journal and Record_, this constituting a first "reading." The bill is then delivered to the Speaker, who refers it to the proper committee. Once a bill has been passed to the committee its fate rests largely with that body. The committee may confer with certain administrative officers, listen to individuals interested in the subject, summon and examine other persons, and then reach a decision upon the bill. The committee may amend the bill as it pleases. If unfavorable to the measure, the committee may report it adversely, or too late for legislative action. Indeed, it may even fail to report it at all. Theoretically the House may overrule the committee's decision on a bill, but so generally are the committee's recommendations followed by the House that the adverse action of the committee virtually kills a bill.

556. THE BILL IS REPORTED TO THE HOUSE.--Let us suppose that the committee reports the bill back to the House. The measure is then placed upon a calendar and here awaits its turn, unless the committee on rules sees fit to direct the immediate attention of the House to it. The second reading is an actual and full reading of the bill for the purpose of allowing amendments to be offered. After the second reading, which may result in the adoption of amendments, the Speaker puts the motion, "Shall the bill be engrossed and read a third time?" Debate is then in order. If the vote which follows is in the affirmative, the bill is read a third time, but only by title. The question of passage is put by the Speaker immediately after the third reading.

557. DEBATE UPON THE BILL.--Debate in the House of Representatives has little influence upon most bills, the fate of a measure being practically determined by the committee considering it. Most speeches are frankly intended for political purposes, and for circulation in the Congressional Record, rather than as actual and positive influences upon the bill which is being discussed.

Debate in the House is limited in several ways. No member may spend more than an hour in debate upon any question, except the member in charge of the bill. This member may have an additional hour at the close. In the committee of the whole, speeches are limited to five minutes. No member may speak more than once on the same subject without special permission from the chair. The single exception to this rule is the member who has introduced the bill. Before debate begins, the chairman of the committee in charge of the bill arranges, in consultation with the Speaker, a list of members who are to be heard upon the bill. No other members are ordinarily recognized by the Speaker in the ensuing debate.

After a certain amount of discussion the member in charge of the bill will generally move the previous question in order to cut short the debate and bring the House to a direct vote upon the question.

558. THE VOTE.--In the House voting may be by any one of three methods. Voting may be by "sound of voices." In this case the Speaker calls in turn for the "ayes" and "noes," and decides by the volume of the sound whether the motion has been carried or lost. This is usually the method first employed, but either of the other two methods may be demanded before or after voting by sound of voices has been employed.

Voting may be by tellers. When this is decided upon the members pass between tellers appointed by the Speaker--those in the affirmative first--and are counted. This method requires the demand of one fifth of a quorum.

Voting may be by yeas and nays. In this event, the clerk calls the roll and each member, as his name is reached, answers "aye" or "no," the vote then being recorded. The Constitution provides that one fifth of the members present may demand the yeas and nays. Since it takes a long time to call the roll of the House, demands for roll-calls are frequently employed by minorities with the intent of obstructing legislative business.

559. THE BILL GOES TO THE SENATE.--A bill defeated in the House never reaches the Senate, of course.

But if it receives a majority vote in the House, it is engrossed and sent to the Senate. Here the bill goes through practically the same stages as in the House. [Footnote: In the Senate, however, debate is unlimited.]If the Senate rejects the bill, the measure is dead. If the Senate passes the bill without amendment, it is returned to the House, and enrolled on parchment for signature by the President. If the Senate amends the bill, the bill and the attached amendments are returned to the House. If the House disagrees with the proposed changes, it may either ask for an inter-house conference, or it may simply send a notice of its disagreement to the Senate. In the latter case, the Senate either reconsiders its amendments, or asks for a conference. In case of a conference, each house appoints an equal number of "managers," who arrive at some sort of compromise, and embody this in a report. This report is acted upon by each house in separate session.

560. THE BILL GOES TO THE PRESIDENT.--Bills killed in Congress never reach the President, but a measure duly approved by both houses is then sent to the chief executive for his approval. If he signs it, the bill becomes law. If he does not approve it, he may return it with his objections to the house in which it originated. If this house votes for the passage of the measure by a two-thirds majority, and if this action is concurred in by the other house, the measure becomes law over the veto of the President. If the President neither signs nor returns the measure within ten days, it automatically becomes law. However, measures reaching the President during the last ten days of the congressional session become law only if signed by him. His failure to sign a bill reaching him under these circumstances constitutes a "pocket veto."

QUESTIONS ON THE TEXT

1. Distinguish between the two regular sessions of Congress.

2. Describe the internal organization of the houses of Congress.

3. Name and briefly characterize the chief officers of Congress.

4. What are the customary duties of the Speaker of the House?

5. By what means does the Speaker influence legislation?

6. What is the nature and function of the committee on rules? What changes in the character of this committee occurred in 1910?

7. Outline the organization of the Congressional committee system.

8. How may a bill be introduced into the House of Representatives?

9. Outline the steps in enacting a Federal law.

10. Discuss the nature and limits of the Presidential veto.

REQUIRED READINGS

1. Beard, _American Government and Politics_, chapter xiv.

2. Guitteau, _Government and Politics in the United States_, chapter xxiv.

3. Munro, _The Government of the United States_, chapter xxi.

4. Reed, _Form and Functions of American Government_, chapter xii.

QUESTIONS ON THE REQUIRED READINGS

1. What is the relation of party organization to leadership in Congress? (Beard, pages 267-269.)

2. Discuss the constitutional rights of the minority in the House of Representatives. (Beard, pages 288-289.)

3. What is the influence of the Senate upon our national financial policy? (Munro, pages 307-308.)

4. What are the chief advantages of the committee system? (Guitteau, pages 275-276.)

5. What are the chief defects of this system? (Guitteau, pages 275- 276.)

6. What effect has the practice of unlimited debate in the Senate had upon legislative business? (Beard, pages 275-276.)

7. What is one of the most important defects of Congressional legislation? (Munro, pages 310-311.)

8. What is the "morning hour"? (Reed, page 273.)

9. What is done with a bill which the President has signed? (Reed, page 277.)

10. To what extent is Congress responsive to Public Opinion? (Munro, page 299.)

TOPICS FOR INVESTIGATION AND REPORT

I

1. Compare the internal organization of Congress with the organization of your state legislature.

2. Compare the officers of Congress with the officers of your state legislature.

3. Compare the committee system of Congress with the committee system in your state legislature.

4. Compare the practice of debate in the National House of Representatives with the use of debate in the lower house of your state legislature.

5. Compare Congress with your state legislature with respect to volume of legislation.

6. The business of Congress. (McCall, _The Business of Congress_.)

7. Rules of the Senate. (_Manual of the Senate_.)

8. The Senate at work. (Bryce, _The American Commonwealth_, vol. i,