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The Legislative Process

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Lee Hamilton’s Comments on Congress:

The Legislative Process

 

Overview

The Center on Congress at Indiana University produces a series of commentaries by Director Lee Hamilton. In these commentaries, Hamilton draws on his 34 years of experience as a United States Representative from the Ninth District, Indiana, and explains the important function of Congress in our system of representative democracy. The commentaries listed below specifically describe the dynamic and complex nature of the legislative process.

Why We Need Compromise observes that politics at its best is not a matter of holding onto your opinions no matter what; it's the art of searching for common ground with people who think differently. Hamilton says that in a nation as big and diverse as ours, legislators must bridge differences of opinion and solve problems in a way that allows us all to work peaceably and productively together.

It’s Hard to Write Laws observes that once in a while, Congress can legislate quickly, as it did in rapidly approving federal relief after Hurricane Katrina. But Hamilton says that usually, lawmaking demands lots of time and patience, and requires members and staff with sophisticated political and technical skills.

Be Thankful The House And Senate Are Different explains what the framers of the Constitution had in mind when they designed the bifurcated Congress. The House, with two-year terms, is to closely reflect the concerns of the people. The Senate, with six-year terms, is to take the longer view, and not get so caught up in the passions of the moment.

How a Bill Really Becomes Law contrasts the civics textbook diagram of "How a Bill Becomes Law" — showing a simple, linear progression from introduction to passage — with the vastly more complex reality of how lawmaking actually happens. Hamilton says that while the workings of Washington may appear to be a tangled and contentious mess, the legislative process is doing the fundamental work of democracy: taking into account all points of view in our large, diverse and complicated country.

Congressional Bickering explains that heated debate in Congress should be expected because Representatives and Senators feel strongly about issues and want to represent the best interests of their constituents. Hamilton says that dispute is not the same as dysfunction; intense debate doesn't mean that issues cannot be resolved — just that accommodating different views can take lots of time and patience.

Congress Needs the Deliberative Process explains that a crucial duty of Congress is to give careful scrutiny to new proposals, accommodate different interests, reduce points of friction, and strive to pass legislation with broad support that meets the need of an array of Americans. Hamilton warns that short-cutting the deliberative process hurts the quality of legislation and makes Congress a less open, fair and representative body.

The Importance of Good Process discusses the trend towards "unconventional lawmaking" in Congress — manipulating the rules and circumventing regular order to achieve a legislative result. Hamilton explains why the traditional, slow-moving legislative process envisioned by the nation's Founders is necessary to ensure fairness and to uphold the legitimacy of our system of government.

How Members Vote describes the wide range of factors, interests and pressures that confront members of Congress when they are trying to decide how to vote. Hamilton says that while every vote ultimately boils down to black or white — yea or nay — making that call involves a thorny analysis of shades of gray.

Clicking on any commentary title will direct you to a screen with the text of that essay. You can hear a shorter version of the commentary, recorded by Hamilton, by clicking on the LISTEN TO THE RADIO VERSION OF THIS ARTICLE link. If you wish to print the commentary without frames, click on PRINTABLE PAGE.

 

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