2. Introduction
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
3. The process
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
4. Supermajorities
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
5. Equal power
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
6. Party control
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
7. Divided government
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
8. Weak party discipline
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
9. Decentralisation of power
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
