U.S. Government: Congress, Elections, Courts & Taxation

The U.S. Legislative Process

The U.S. Constitution gave Congress the power of legislation. In fact, its major function is to make laws. Congress converts public will into public policy by way of law. The Constitution provides rules to which Congress must adhere throughout the legislative process; however, over the years there have been additions and modifications to the procedure. Currently, there is debate over how to reform the legislative process.

The general legislative process is set forth in the Constitution. However, as with other aspects of government, the Framers purposely structured it in this manner so as to allow the American people an opportunity to fill in the details of the outline. One of the most important powers delegated to the House is the ability to raise revenue. The Constitution states that a bill must be approved in both chambers and then presented to the president. In the case of a presidential veto, Congress may override it with a two-thirds vote in each house. Additionally, the Constitution states that a bill not returned to Congress by the president within ten days is automatically enacted into law.

The current lawmaking process involves several steps, incorporating both constitutional requirements and subsequent modifications. It usually begins when a member of Congress presents a bill — essentially a proposal — to their respective chamber. There are public bills and private bills. The former are national or universal in scope, whereas the latter are sectional and particular. In both chambers, the bill is read by clerks and recorded in a log. It is then referred to a standing committee and then to a subcommittee, which studies, revises, and approves the bill. The subcommittee presents it to the full committee, where the bill undergoes the same process of deliberation and revision. In the House, the Rules Committee establishes the rules under which the bill will be debated and amended on the floor. After passing through these steps, both chambers take floor action — meaning the bill is debated, amended, passed, or defeated. If it passes, a conference committee of members from both houses convenes to resolve discrepancies between the two versions of the bill. The reconciled version is then submitted to each respective chamber for final approval. Finally, the president receives a copy of the bill and may either sign it into law or veto it. Should the president veto the bill, Congress can override that decision with a two-thirds majority vote in both chambers.

The two-party system is important in today's legislative process, as it requires both sides to compromise throughout the entire procedure. In other words, in order to avoid a stalemate, Republicans and Democrats alike must be willing to engage in a process of give and take. Furthermore, political parties serve as important vehicles through which legislation is organized. Most importantly, political parties can influence legislation, as the most heavily represented party in Congress commands, to some degree, the direction of the legislature.

Proposals for legislative reform abound. Some believe that voting and budgeting procedures should be more open and fair than current practices, including allowing the public to observe Congressional meetings. Others support a reduction in the number of committees in both chambers, which would logically involve decreasing support staff. Taxes are also a source of concern; many want to make it more difficult for Congress to raise them. Furthermore, some wish to impose term limits on Congressional members. Although there are numerous suggestions for legislative reform, only the future will reveal whether such proposals are incorporated into the ever-evolving American system of government.

The Electoral College and Presidential Elections

The presidential election process contains an important aspect that is commonly misunderstood by millions of Americans. When voting for a presidential candidate, citizens are actually choosing presidential electors who are collectively known as the Electoral College. The members of the Electoral College then cast their votes for the presidential candidate. It is this indirect voting system that determines the outcome of presidential elections.

In the hypothetical situation provided, Candidate A, a Democrat, received 233 electoral votes, representing 43.3% of the total popular vote. Candidate B, a Republican, secured 272 electoral votes, or 50.5% of the total popular vote. Finally, Candidate C, an Independent, received 33 electoral votes, which translates into 0.6% of the cumulative popular vote. Based on these figures, Candidate B won the election by holding the majority of the electoral votes.

The concern over "faithless electors" has probably existed since the inception of the Electoral College. An elector is expected to vote for their party's candidate. A "faithless elector," therefore, is one who votes for another party's candidate. This usually occurs when an elector knows that their vote will not affect the outcome of the election, and they typically do so to make a statement. The faithless elector may choose a candidate that reflects their own preference rather than their party's selection. In practice, faithless electors have never altered the results of a presidential election.

In the unlikely event that no candidate secures a majority of the electoral votes — at least 270 — the House of Representatives selects the president from among the top three contenders. During this process, each state casts one vote, and a winner must secure at least 26 votes. Regulations stipulate that each state's vote is given to the candidate favored by a majority of that state's House delegation. Should a tie occur within a delegation, that state's vote is dismissed. Furthermore, if the House fails to choose a president by January 20th, the newly elected vice president acts as interim president until the House resolves the issue. If no candidate acquires the majority vote for vice president, the Senate chooses between the top two contenders, and a majority vote of the entire Senate is required to elect a vice president.

There is ongoing concern about the Electoral College system. Critics note the possibility that a candidate who did not win the popular vote can still be elected president. This can occur if three or more candidates secure roughly equal numbers of votes so that none obtains a majority. It can also happen if a candidate accumulates a concentrated number of votes in a few states while their opponent wins a popular lead in the remaining states, thereby securing the majority of electoral votes. Finally, it is conceivable that a third candidate could acquire enough minority support to make it impossible for either of the other two candidates to secure a majority.

The presidential election process is often misunderstood due to its complexity, and fierce debates surround it accordingly. Both opponents and proponents are quick to highlight its faults and merits. Despite the controversy, it appears that the United States will adhere to this system until a compromise between the two factions emerges — though, as with other matters of public concern, that may be a long time coming.