Unorthodox Lawmaking

by
Edition: 3rd
Format: Paperback
Pub. Date: 2007-07-02
Publisher(s): Cq Pr
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Summary

There is the textbook &BAD:"how-a-bill-becomes-a-law&BAD:" diagram, and then there is the way that most major measures really wind their way through the contemporary Congress. Sinclair aptly calls this &BAD:"unorthodox lawmaking,&BAD:" and gives students a much more realistic take on today&BAD:rs"s legislative process. Bills can follow a number of routes through Congress: they might be considered by several committees, or none; they could be subjected to non-germane amendments or filibustered on the Senate floor; or they may be governed by special rules individually tailored to facilitate or slow a bill&BAD:rs"s progress. Whatever the unorthodox route, Sinclair describes the legislative process as it really operates, exploring the range of special procedures, practices, and the factors that have contributed to their emergence. In this timely revision, she focuses especially on how partisan polarization has shaped the legislative process in recent years, with new case studies on the Bush tax cuts, the 2005 energy bill, and the 2003 Medicare/prescription drug bill. Always written with the narrative in mind and providing a unique perspective, Unorthodox Lawmaking introduces novice students to the intricacies of Congress. Sinclair also tackles the larger questions: Does the use of new procedures and practices enhance or inhibit the likelihood of a bill becoming law? What other effects does unorthodox lawmaking have on how Congress functions? This important supplemental reading gives students the tools to assess the relative successes and limitations of the legislative process.

Author Biography

Barbara Sinclair is the Marvin Hoffenberg Professor of American Politics at the University of California at Los Angeles. Her publications on the U.S. Congress include articles in the American Political Science Review, American Journal of Political Science, and Journal of Politics as well as six books. Among the latter are Legislators, Leaders, and Lawmaking: The U.S. House of Representatives in the Postreform Era; Transformation of the U.S. Senate, which won the Richard F. Fenno Prize and the D.B. Hardeman Prize; and Party Wars: Polarization and the Politics of National Policy Making. Sinclair was an American Political Science Association Congressional Fellow in the office of the House Majority leader in 1978-1979 and a participant observer in the office of the Speaker in 1987-1988.

Table of Contents

Prefacep. viii
Clean Air: An Introduction to How the Legislative Process Has Changedp. 1
A Note on Datap. 8
Multiple Paths: The Legislative Process in the House of Representativesp. 10
Bill Introductionp. 11
Bill Referralp. 11
Postcommittee Adjustmentsp. 20
Suspension of the Rulesp. 23
Special Rulesp. 25
On the Floorp. 35
Unorthodox Lawmaking in the Housep. 42
Routes and Obstacles: The Legislative Process in the Senatep. 43
Bill Introductionp. 43
Bill Referralp. 44
Postcommittee Adjustmentsp. 49
Scheduling Legislation for the Floorp. 51
The Senate Floorp. 61
Unorthodox Lawmaking in the Senatep. 72
Getting One Bill: Reconciling House-Senate Differencesp. 73
Nonconference Reconciliation Proceduresp. 73
Conference Committeesp. 76
The Final Stepp. 89
Reconciling Differences: How Much Change?p. 90
Omnibus Legislation, the Budget Process, and Summitsp. 91
Omnibus Legislation and the Budget Processp. 92
Congress, the President, and Summitryp. 102
What Is the Regular Process?p. 105
Why and How the Legislative Process Changedp. 108
From Decentralization to Individualism in the Senatep. 108
Reform and Its Legacy in the Housep. 110
Budget Reformp. 112
A Hostile Political Climate as a Force for Innovation: The 1980s and Early 1990sp. 113
How Internal Reform and a Hostile Climate Spawned Unorthodox Lawmakingp. 116
Unorthodox Lawmaking in the Republican Congressp. 131
The 2005 Energy Bill: About as Orthodox as It Getsp. 139
House Committee Actionp. 141
Preparing the Bill for the Floorp. 144
House Floor Actionp. 146
Senate Committee Actionp. 147
Senate Floor Considerationp. 148
The Conferencep. 153
About as Orthodox as It Gets: Enacting Energy Legislation in 2005p. 156
Medicare/Prescription Drug Legislation: Making Sweeping Policy Change in a Highly Partisan Environmentp. 161
The Bush Proposal and the Congressional Responsep. 162
Pre-Floor Action in the Senatep. 164
House Committee Actionp. 166
Senate Floor Considerationp. 167
House Pre-Floor Decisionsp. 170
House Floor Considerationp. 171
Reconciling the House and Senate Billsp. 173
Passing the Conference Reportp. 177
Aftermathp. 180
Making Sweeping Policy Change in a Highly Partisan Environmentp. 181
Medical Malpractice Caps: Senate Rules and Unorthodox Lawmaking-or Notp. 186
House Actionp. 187
Senate Stalematep. 190
The impact of Senate Rulesp. 193
The Budget Process as an Instrument for Policy Change: Clinton's Economic Programp. 196
Budget Policy Making and Politics: The Context in 1993p. 197
Committing to the Clinton Plan: Crafting and Passing the Budget Resolutionp. 198
Delivering on Promised Policy Change: Reconciliationp. 200
Unified Government, Procedural Control, and Policy Successp. 210
Republican Majorities, Divided Government, and Budget Politicsp. 215
The Republican Revolution and the Budget Process, 1995-1996p. 215
Balancing the Budget, 1997p. 235
Budget Politics after the Balanced Budget Deal, 1998-2000p. 243
The Republican Tax-Cutting Agenda and the Budget Process: The Bush Tax Cuts of 2001 and 2003p. 248
Delivering: Cutting Taxes in 2001p. 249
Once More with Feeling: The 2003 Tax Cutp. 259
Cutting Taxes via Unorthodox Lawmakingp. 263
Budget Policy and Politics since the Early 1990s: A Final Wordp. 264
The Consequences of Unorthodox Lawmakingp. 268
Lawmaking in the Contemporary Congressp. 268
Unorthodox Lawmaking and Legislative Outcomesp. 271
Other Costs and Benefitsp. 276
Assessing Unorthodox Lawmakingp. 283
Referencesp. 289
Useful Web Sites for Congress Watchersp. 293
Abbreviations of Commonly Used In-text Citationsp. 294
Indexp. 295
Table of Contents provided by Ingram. All Rights Reserved.

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