THE LEGISLATIVE PROCESS Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act 2001 For detailed information about the legislative process, visit How Laws are Made by John V. Sullivan, Parliamentarian, House of Representatives HISTORICAL CONTEXT On September 11, 2001, terrorists attacked the World Trade Center and the Pentagon. These acts created a political climate in which the George W. Bush Administration and Congress quickly sought to investigate and punish those responsible and propose legislation that would prevent future attacks. HISTORICAL CONTEXT Discussion Questions: If you were a member of Congress in 2001, how would you have responded to the 9/11 attacks on the World Trade Center and Pentagon? Click here for footage Video Clip – 5 minutes What power(s) does the Constitution give Congress regarding national security threats? HISTORICAL CONTEXT Discussion Questions: What do you think constitutes a “heinous” or atrocious act? What do you think are some of the most heinous acts in world history? Click here for footage Do you agree with Mayor Rudy Giuliani’s assessment that the 9/11 attacks on the World Trade Center and Pentagon are one of the “most heinous acts” in world history? Explain your answer. Video Clip – 1 minute Would you consider these attacks an act of war? Why or why not? If so, who is the war against? HISTORICAL CONTEXT Discussion Questions: Why did President George W. Bush refer to the party responsible for the 9/11 attacks as a “faceless coward”? Click here for footage Video Clip – 2 minutes What constitutional powers did President Bush use to do “whatever [was] necessary to protect America and Americans”? What role did the President’s cabinet play in executing domestic and foreign policy? HISTORICAL CONTEXT Discussion Questions: Define bipartisanship. How was this gathering of Congress an example of bipartisanship? Click here for footage Video Clip – 3 minutes PROPOSING LEGISLATION Discussion Questions: Although only members of the House and the Senate can introduce legislation, who can propose legislation to Congress? Which federal department proposed anti-terrorism legislation to Congress? Define civil liberties. List examples. Click here for footage Video Clip – 3 minutes Are you willing to give up individual liberties in the interest of public safety? PROPOSING LEGISLATION Discussion Questions: What is the purpose of a standing committee? Why is the Attorney General proposing antiterrorism legislation to the House Judiciary Committee? Why does Representative Sensenbrenner consider the anti-terrorism legislation proposal bipartisan? How does Representative Sensenbrenner view the anti-terrorism legislation proposal? Click here for footage Video Clip – 6 minutes Why does Representative Sensenbrenner share the plan for hearing testimonies? Why do the participants take an oath before providing testimony to the committee? Using the video content, describe a power(s) used by the chairman of the Judiciary Committee. PROPOSING LEGISLATION Discussion Questions: How did Attorney General Ashcroft define the new threat of terrorism? Why do you think Attorney General Ashcroft emphasized the importance of preserving civil liberties in his testimony? Click here for footage Video Clip – 12 minutes What were the two problems Attorney General Ashcroft saw with the current statutes? What were the five objectives Attorney General Ashcroft addressed in the anti-terrorism legislation proposal? PROPOSING LEGISLATION Discussion Questions: Why did the Attorney General propose anti-terrorism legislation to the Senate Judiciary Committee? What is a “sunset” provision in legislation? Click here for footage Video Clip – 3 minutes Why did Senator Feinstein want to put a “sunset” provision on certain sections of the anti-terrorism legislation? What was Attorney General Ashcroft’s response to the senator’s suggestion? PROPOSING LEGISLATION Discussion Questions: How did Attorney General Ashcroft propose to detain suspected terrorists? Click here for footage Video Clip – 3 minutes Why did Attorney General Ashcroft suggest clarification on this section of the proposal? INTRODUCTION Discussion Questions: Describe the major actions taken by both houses of Congress on the USA PATRIOT bill up to the introduction of HR 3162. HR 2975 (Original version of antiterrorism legislation introduced in the House) Click here for footage Video Clip – 4 minutes S 1510 (Original version of antiterrorism legislation introduced in the Senate) What compromises were made between the House and Senate to draft HR 3162? COMMITTEE ACTION Visit the link to HR 3162 on Thomas to determine which House committees the bill was referred. Then click on “All Congressional Actions.” Why do you think the bill was referred to each of these committees? FLOOR ACTION IN THE HOUSE Discussion Question: Why did Representative LaHood vote in favor of the new bill? Click here for footage Video Clip – 1 minute FLOOR ACTION IN THE HOUSE Discussion Questions: What is the role of the House Committee on Rules? What is meant by “closed rule’? Click here for footage Video Clip – 3 minutes Why was Representative Frank disappointed in the legislative procedures established for the USA PATRIOT Act? FLOOR ACTION IN THE HOUSE Discussion Questions: Why did Representative Sensenbrenner think the new bill was stronger than the original? Click here for footage Video Clip – 6 minutes Why did Representative Sensenbrenner think a conference committee was not necessary? VOTING IN THE HOUSE Click here for footage Video Clip – 1 minute Click here for footage Video Clip – 30 seconds Discussion Question: Discussion Question: Describe the voting process in the House. If the bill passes in the House, what is the next step? FLOOR ACTION IN THE SENATE Discussion Question: What were Senator Feingold’s objections to the bill? Click here for footage Video Clip – 12 minutes FLOOR ACTION IN THE SENATE Discussion Questions: What were Senator Hatch’s rebuttals to Senator Feingold’s objections? Click here for footage Video Clip – 8 minutes VOTING IN THE SENATE Click here for footage Video Clip – 40 seconds Discussion Question: How is voting in the Senate different than the House? Click here for footage Video Clip – 1 minute Discussion Question: What happens after the same bill passes both the House and Senate without any changes? PRESIDENT SIGNS THE BILL INTO LAW Discussion Questions: What happens after the President signs a bill into a law? Click here for footage Video Clip – 12 minutes How does this step in the legislative process show the system of checks and balances? How could the third branch of government check this law? TRACING THE LEGISLATIVE PROCESS Now that students have experienced the legislative process, they will research a specific bill and explain how it became a law. Access the Tracing the Legislative Process lesson plan and have your students complete the procedure and culminating activity using C-SPAN’s resources.