5.1 Rules and procedures in the House and Senate
4 min read•july 30, 2024
Rules and procedures in Congress shape how laws are made and debates unfold. The House and Senate have distinct approaches, reflecting their different sizes and roles. These rules impact everything from committee assignments to floor debates.
Understanding these procedures is key to grasping how Congress works. They determine which bills move forward, how amendments are handled, and ultimately how laws are passed. The rules also reflect the balance of power between parties and individual members.
House vs Senate Rules
Differences in Rules and Procedures
- The House has stricter rules and procedures, while the Senate allows for more open debate and individual power for Senators
- The House operates under a Rules Committee that sets the parameters for debate on bills, while the Senate relies on agreements negotiated by party leaders
- The House has a germaneness rule requiring amendments to be relevant to the bill under consideration (defense appropriations bill), while the Senate allows non- (adding healthcare provisions)
- The House typically has a more structured and predictable schedule, while the Senate schedule is more fluid and unpredictable
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Unique Procedures in Each Chamber
- The House has a discharge petition process allowing a majority of members to force a bill out of committee (overriding committee chair), while the Senate does not have this procedure
- Filibusters are allowed in the Senate to extend debate and delay or prevent a vote on a measure (talking for hours), while the House does not allow filibusters
- The House requires a simple majority to pass legislation (218 votes), while the Senate often requires a 60-vote supermajority to overcome a ( vote)
Speaker of the House and Majority Leader
Leadership Roles and Responsibilities
- The and Senate are the most powerful members of their respective chambers and play a crucial role in shaping the legislative agenda
- The Speaker is elected by the majority party in the House and presides over the chamber (maintaining order), while the Senate Majority Leader is chosen by the majority party in the Senate
- The Speaker and Majority Leader work with committee chairs and party leaders to determine legislative priorities and schedule votes on key bills and resolutions (setting the agenda)
Powers and Influence
- The Speaker has the power to refer bills to committees, appoint members to committees (rewarding loyalty), and control debate on the House floor (recognizing speakers)
- The Senate Majority Leader works to build consensus within their party and negotiate with the minority party to advance legislation and overcome procedural hurdles (finding compromises)
- Both leaders serve as the public face of their party in their respective chambers and are responsible for communicating the party's message and positions to the media and the public (press conferences)
Committee System in Legislation
Types and Functions of Committees
- The committee system is the backbone of the legislative process in Congress, where much of the work of drafting and debating legislation takes place
- There are three main types of committees: standing committees, which have jurisdiction over specific policy areas (Agriculture Committee); select committees, which are created for a specific purpose and have a limited duration (Select Committee on the Climate Crisis); and joint committees, which include members from both the House and Senate (Joint Economic Committee)
- Committees hold hearings to gather information and expert testimony on policy issues, conduct investigations and oversight of executive branch agencies (investigating scandals), and mark up legislation before sending it to the full chamber for consideration (amending bills)
Majority Party Control and Influence
- The majority party in each chamber controls the committee process, with the majority party holding more seats on each committee and the committee chairs being selected by the majority party leadership (rewarding seniority)
- Committees have the power to subpoena witnesses and documents (compelling testimony), and their recommendations and actions can have a significant impact on the fate of legislation (killing bills in committee)
- The committee process allows for specialization and expertise among members of Congress (building policy knowledge), as well as opportunities for stakeholders and interest groups to provide input and influence legislation (lobbying efforts)
Open vs Closed Rules in the House
Defining Open and Closed Rules
- Open and closed rules are procedures used by the House Rules Committee to govern debate and amendment of legislation on the House floor
- Under an open rule, amendments can be offered by any member of the House, and debate is not restricted (fostering deliberation). This allows for a more freewheeling and unpredictable process on the floor
- Under a closed rule, only amendments approved by the Rules Committee are allowed, and debate is strictly limited (streamlining the process). This gives the majority party leadership greater control over the outcome of the vote
Strategic Use of Rules
- Closed rules are often used for controversial or high-stakes legislation where the majority party wants to limit the ability of the minority party or dissenting members to offer amendments or prolong debate (preventing delays)
- Open rules are more common for less controversial bills or those with broad bipartisan support (encouraging collaboration)
- The use of closed rules has become increasingly common in recent years, as party polarization and partisan conflict have intensified in the House (exerting party discipline)
- The choice between open and closed rules is a strategic decision by the majority party leadership, balancing the need for control and efficiency with the desire for open debate and member participation (managing the legislative process)
Key Terms to Review (18)
Bicameralism: Bicameralism refers to the practice of having a legislature composed of two separate chambers or houses. In the context of the U.S. Congress, this structure is exemplified by the Senate and the House of Representatives, each with distinct powers and responsibilities that contribute to the legislative process and reflect a system of checks and balances.
Cloture: Cloture is a procedural mechanism in the U.S. Senate used to end a filibuster and bring a debate to a close, allowing the Senate to move forward with voting on a bill or nomination. This process is crucial for maintaining order and efficiency in legislative proceedings, especially when dealing with controversial issues that could lead to prolonged debates.
Conference committee: A conference committee is a temporary panel composed of members from both the House of Representatives and the Senate, formed to reconcile differences in legislation that has passed both chambers. This process ensures that a unified version of a bill is produced before it is sent to the President for approval, highlighting the collaborative nature of the legislative process.
Filibuster: A filibuster is a legislative tactic used in the Senate to delay or obstruct a vote on a bill or nomination by extending debate. This strategy allows minority parties or individual senators to prolong discussions, often to force compromise or to highlight opposition, effectively utilizing their power within the chamber's rules.
Germane amendments: Germane amendments are changes or additions to a bill that are directly related to the subject matter of that bill. In the legislative process, these amendments are important as they help ensure that discussions remain focused and relevant, allowing for more efficient decision-making and debate in both the House and Senate.
Gridlock: Gridlock refers to a situation in which progress is stalled due to an inability to reach consensus or agreement, often resulting from divided control between political parties. In the context of legislative bodies, such as the House and Senate, gridlock occurs when conflicting interests and partisan divisions prevent the passage of bills or resolutions, leading to inefficiency and stagnation in governance.
Majority Leader: The majority leader is the head of the majority party in either the House of Representatives or the Senate, responsible for leading party strategy, managing legislative priorities, and coordinating the efforts of party members. This role is crucial for guiding legislation through Congress and ensuring that the party's agenda is advanced.
Majority rule: Majority rule is a fundamental principle in democratic governance that states that the decision or opinion held by more than half of a voting group should prevail. This concept is crucial in the legislative process, as it helps facilitate decision-making, particularly in large bodies where consensus can be difficult to achieve.
Markup: Markup refers to the process by which committees or subcommittees in Congress review, amend, and revise proposed legislation before it is sent to the full chamber for consideration. This stage is critical as it allows for detailed scrutiny of the bill, leading to changes that reflect the interests of various stakeholders and parties involved in the legislative process.
Partisanship: Partisanship refers to the strong allegiance to a particular political party, often resulting in a bias towards that party's policies and interests. This loyalty can heavily influence the legislative process, including the way rules are applied, the strategies employed in legislative debates, and how public opinion shapes congressional behavior. In a political environment marked by increasing polarization, partisanship plays a critical role in shaping decision-making and governance.
Point of order: A point of order is a procedural objection raised by a member of a legislative body, such as the House or Senate, when they believe that the rules of the body are not being followed. This mechanism is essential for maintaining order and adherence to established procedures during debates and discussions. It allows members to bring attention to perceived violations, ensuring that all actions taken in the legislative process comply with the established rules.
Quorum: Quorum is the minimum number of members required to be present for a legislative body to conduct its business legally. This concept is essential for ensuring that decisions made by Congress represent a sufficient segment of its members, providing legitimacy to legislative actions and preventing a small group from making decisions on behalf of the whole.
Roll call vote: A roll call vote is a formal voting process in legislative bodies where each member's name is called, and they must verbally state their vote. This method provides a clear record of how each member voted, enhancing accountability and transparency. Roll call votes are essential in the context of party discipline, as they allow party whips to keep track of members' positions and influence their voting behavior.
Speaker of the House: The Speaker of the House is the presiding officer of the United States House of Representatives, responsible for maintaining order, guiding legislation, and representing the House to the President and the Senate. This position is crucial in shaping congressional priorities and facilitating party leadership dynamics, making it a key role in the functioning of Congress.
Standing Committee: A standing committee is a permanent committee in Congress that focuses on specific areas of legislation, allowing for detailed examination and discussion of bills and policies. These committees play a crucial role in shaping legislation through their jurisdiction, which determines the types of bills they review, and they are integral to the process of reporting bills to the floor for consideration by the entire chamber.
Suspension of the rules: Suspension of the rules refers to a procedural action in legislative bodies that allows members to set aside certain established rules for a specific period, usually to expedite the passage of legislation or to consider a matter that may not conform to the standard procedures. This practice is essential for facilitating quick decision-making and is often used in both the House and Senate to overcome obstacles posed by formal rules, enabling lawmakers to advance their priorities more efficiently.
Unanimous consent: Unanimous consent is a procedural practice in legislative bodies that allows for the expedited passage of legislation or other actions when no member objects. This practice is essential in both houses of Congress as it promotes efficiency and helps streamline processes, especially in managing time during debates or discussions. When unanimous consent is requested, any single objection can halt the procedure, making it a crucial tool for legislative leaders in navigating the complexities of lawmaking.
Voice vote: A voice vote is a method used in legislative bodies to gauge the opinion of members on a particular issue or proposal by calling for 'aye' or 'no' responses. This voting method allows for quick and informal decisions, helping to streamline the legislative process by providing an immediate sense of majority opinion without requiring a formal recorded vote.