1. Legislation
Difficulties

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