Legislative Function

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Legislative Function
US Congress
UK Parliament
No government programme of
legislation exists
The level of party discipline is low
Thousands of bills are introduced in
any one session
Few of these bills are passed into law
The committee stage comes before
the second reading
Standing committees are permanent
and policy specialists
Bills are usually considered by both
houses concurrently
The two chambers have equal
powers
The president has a significant power
of veto
A government programme of
legislation exists
High levels of party discipline exist
A limited number of bills are
introduced in any session
Most bills are passed into law
The committee stage comes after the
second reading
Standing committees are nonpermanent and non-specialist
Bills are considered by each house
consecutively
The lower chamber dominates

The royal assent is no longer withheld
The most significant function of both parliament and Congress is
legislation. The legislative process is similar: essentially, a series of
debates and votes on the floor of both chambers, with some work
being done by the Committees. Amendments can be tabled, and
simple majorities are usually required when voting takes place.
Programmes of government legislation
 In parliament there is a readily recognisable government programme of
legislation, announced to the voter in the General Election manifesto.
The government announces its intention to bring forward specific
legislative proposals in the Queen’s Speech. Most legislation
considered in parliament can best be described as ‘government
legislation’ There are few opportunities for individual backbench MP’s
to introduce their own bills, called ‘private members’ bill.’ These bills
are limited and rarely successful.
 In Congress individual House and Senate members sponsor all
legislation. The president’s State of the Union Address is not usually as
consequential as the Queen’s Speech in parliament.
Party discipline
 In the HoC, the government programme of legislation is supported by
every member of the governing party and opposed by most members
of the opposition party. Most votes in the HoC show exceedingly high
levels of party discipline. Dissent is rare and limited and when it does
occur it is still headline news.
 In Congress however party discipline is more limited, despite a rise in
partisanship during the 1990’s, party discipline never rose to the levels
that are present in the UK
Number of bills
 In parliament the government controls the process carefully and
introduces only those bills that it believes it has time to get through all
their stages with a parliamentary session of about a year (up to 50
government bills during a typical session, with the addition of private
members’ bills, private bills and the odd hybrid bill this can total around
125 bills however only 100 are given the royal assent and become law.
 There are no such controls in Congress. In a typical session of about a
year, upwards of 4000 bills will be introduced, of that only around 200
might expect to become law. So a bills chance of success in Congress
is minimal compared with Parliament.
The legislative process
 This process in Congress is more exacting than the one that exists in
Parliament.
 The committee stage in Congress comes before the second reading,
and therefore before either of the chambers has debated the bill. The
committees that conduct this committee stage are permanent, policyspecialists with names reflecting the policy areas e.g. the House
Agriculture Committee.
 In the HoC the committees are generalist and named by a letter: A, B,
C.
 In the USA permanent, specialist congressional committees have full
power of amendment. In the HoC, the standing committees can amend
bills only within the principles already agreed at the second reading.
These congressional standing committees have the power to
pigeonhole bills giving them no consideration at all. This power causes
them to act as a legislative sieve only passing those bills of which they
approve.
 In parliament, each house considers bills consecutively- usually the
HoC first, then the HoL. In Congress both houses usually consider bills
concurrently, having a Congress version and a Senate version.
 In legislation Congress and Senate are co-equal whereas in
parliament, the HoL has only the power to delay legislation. Since the
passage of the 1911 and 1949 Parliamentary Acts, the HoC has had
the power to override the objections of the Lords.
 In parliament when it has passed a bills through its agreed procedure,
the bill is sent for the royal assent and thus becoming law, not since
1707 has the monarch refused to give the royal assent to parliamentary
legislation. In the USA, however the president’s signing of a bill into law
is not guaranteed. Presidents have a pocket veto, but Congress then
by 2/3 majority (in both houses) override a President’s veto.
 As a result, Congress is a real legislature; parliament is not. Congress
legislates; parliament merely ‘legitimises legislation’
 Andrew Heywood said “legislation is passed through parliament; it is
passed by Congress”
 In Congress the administration can afford no shopping lists, just wish
lists. In parliament the Queens Speech states that ‘My government
will….’ In Congress the president’s State of the Union Address asks
Congress if it would be good enough to consider ideas.
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