CONGRESS AS A LEGISLATIVE ASSEMBLY: STRUCTURE AND PROCESSCongress as a Legislative AssemblyParliamentary vs. Separation-of-Powers SystemsParliamentary vs. Separation-of-Powers Systems (cont.)The “Westminster” SystemThe “Westminster” System (cont.)Slide 7Other Parliamentary SystemsOther Parliamentary Systems (Cont.)U.S. Separation-of-Powers SystemU.S. Separation-of-Powers System (cont.)Slide 12Slide 13“How a Bill Becomes a Law”Slide 15How a Bill Becomes a Law (cont.)Slide 17House ActionHouse Action (cont.)Slide 20Slide 21Slide 22Senate ActionSenate Action (cont.)Slide 25Slide 26The Conference CommitteeConference Committee (cont.)Slide 29The “Third House”: The PresidentThe “Third House” (cont.)Presidential ActionLBJ Signing MedicareThe Presidential Veto PowerThe Pocket VetoVeto BargainingCONGRESS AS A LEGISLATIVE ASSEMBLY:STRUCTURE AND PROCESSTopics #22-23Congress as a Legislative Assembly•Thus far we have looked at external relationships of Congress, i.e., –its representative character.•Now we turn to look at internal characteristics of Congress, i.e., –the organization and procedures that Congress uses to carry out its legislative tasks.•including investigation and oversight.Parliamentary vs. Separation-of-Powers Systems•Two broad patterns of legislative organization are found in democracies:–Parliamentary systems, in which •legislative and executive elections are fused [into “general elections”], •legislative organization is highly centralized and highly party-focused, and•the executive dominates the legislature.–Separation-of-powers [or Presidential] systems, in which •the legislature and executive are separately elected, •legislative organization is relatively decentralized and less party-focused, and•the legislature and executive “check and balance” one another.Parliamentary vs. Separation-of-Powers Systems (cont.)•In this respect, the U.S. is the exception.•Parliamentary systems are much more common than separation-of-powers systems.–Virtually all European countries have parliamentary systems.•France is partial exception.•Plus Canada, Australia, India, Israel, Japan, etc.–Parliamentary systems are of two broad types:•“Westminster” (two-party) systems, and•proportional representation (multi-party) systems.–The U.S. separation-of-powers system has been copied in many Latin American countries and the Philippines.The “Westminster” System•The framers of the U.S. Constitution did not deliberately reject a parliamentary system.–Parliamentary systems did not evolve in Europe until the mid-to-late 19th century and early 20th century.•In many ways, the framers thought they were copying the structure (without the hereditary elements) of British system of government as it then existed (which they rather admired),–with a separate legislature (Parliament) and executive (Monarch).The “Westminster” System (cont.)•A parliamentary system evolved in Britain in the mid-to-late 19th century, with the following developments:–the monarchy lost more and more powers to Parliament;–the (hereditary) House of Lords lost powers to the (elected) House of Commons;–the right to vote for members of the House of Commons was broadened;–MPs [Members of Parliament, but specifically of the House of Commons] were (and continue to be) elected from SMDs;–malapportionment (“rotten boroughs”) of parliamentary constituencies was reduced; and (most importantly)–rival groupings of more or less like-minded MPs evolved into two rival political parties,•first called Tories and Whigs•and later Conservatives and Liberals.The “Westminster” System (cont.)•One or other major party wins a majority of seats in the House of Commons [until 2010].•The leader of the majority party becomes Prime Minister.•The Prime Minister, together with other leading party MPs, form the Cabinet [and government] whose members run the government departments that execute laws passed by Parliament.•The leader of the other party becomes Leader of the Opposition, who together with other leading party MPs form the Shadow Cabinet.•Both sets of party leaders exercise strong discipline over their “back-benchers.”•Thus executive and legislative power are fused and centralized.•So voters are in effect voting for a party, Prime Minister, and government when they vote for one of their local MP candidates.•“Divided government” is ruled out.Other Parliamentary Systems•Other (non-Westminster) parliamentary systems:–Parliamentary seats are allocated among parties on the basis of one or other system of proportional representation.•Voters vote for parties, not candidates.•Parties win seats in Parliament in proportion to the votes they receive (at least above some vote threshold)–The apportionment problem arises again.–Parliament achieves a high degree of descriptive representation with respect to partisanship, but–there is little or no local representation.–Almost always more than two parties win seats, and•typically no party wins a majority of seats.Other Parliamentary Systems (Cont.)–Thus following an election, there must be negotiation among party leaders to form a coalition government. –Party leaders exercise strong discipline over their “back-benchers.”–Thus executive and legislative power are fused and centralized.–However, there is (typically) no single governing or opposition party.–Voters vote for their preferred party but not for a local MP, or Prime Minister, or government.U.S. Separation-of-Powers System•The President is not a mere figurehead with ceremonial duties only (like a Monarch or President in a parliamentary system).•Since both the President and Congress have substantial constitutional powers, there is always an actual or potential struggle between them to control government policy.U.S. Separation-of-Powers System (cont.)•Legislative (Congressional) elections and executive (Presidential) elections are separate.–Thus divided government may result, so that•one party controls the Presidency, while•the other branch controls (at least one house of) Congress.–Even with unified party control of President and Congress, the executive cannot dominate the legislature (or vice versa),–So Congress need not pass legislation requested by the President.•Members of Congress are responding to different political incentives from the President, in particular•being good