In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill.
Some scholars identify riders as a specific form of logrolling,or as implicit logrolling. Others distinguish riders from logrolling. Adding riders to legislation is not permitted in legislatures bound by a single-subject rule.
In the U.S. Congress, riders have been a traditional method for congressional leadership to advance controversial measures without building coalitions specifically in support of them, allowing the measure to move through the legislative process: "By combining measures, the legislative leadership can force members to accept a measure that might not survive alone because they want the entire bill (or another part of it) to pass."Since the 1980s, however, omnibus bills have become more common: these bills contain provisions, sometime important provisions, on an array of policy areas, and "are powerful for focusing attention away from controversial items to other main items" that either have broad support or are viewed as necessary, "must-pass" measures (such as appropriation bills). While members of Congress often use riders to attempt to kill a piece of legislation, "omnibus bills are pursued in order to get something passed."
When the veto is an all-or-nothing power as it is in the United States Constitution, the executive must either accept the riders or reject the entire bill. The practical consequence of the custom of using riders is to constrain the veto power of the executive.
The Line Item Veto Act of 1996 was passed to allow the President of the United States to veto single objectionable items within bills passed by Congress, but the Supreme Court struck down the act as unconstitutional in Clinton v. City of New York .
Riders may be unrelated to the subject matter of bills to which they are attached and are commonly used to introduce unpopular provisions. For example, a rider to stop net neutrality was attached to a bill relating to military and veteran construction projects.Another rider has been the Hyde Amendment which since 1976 has been attached to Appropriation Bills to prevent Medicaid paying for most abortions. Another was the Boland Amendment in 1982 and 1983 to restrict financing of the Contras in Nicaragua.
A recent notable example of a rider was in the Health Care and Education Reconciliation Act of 2010. An amended version of the Patient Protection and Affordable Care Act in 2010 that was signed into law by Barack Obama only one week before, the amended bill included a rider for the Student Aid and Fiscal Responsibility Act, whose student loan reform was completely unrelated to the broader bill's primary focus on health care reform.
Riders exist at the state level as well. For just one example, a 2005 bill in West Virginia that was primarily focused on limiting the number of members that cities can appoint to boards of parks and recreation unexpectedly included a rider that made the English language the official language of the state of West Virginia. Most members of the West Virginia Legislature did not realize that the rider had been entered into the bill until it had already passed both state houses.Then-West Virginia governor Joe Manchin, although a personal supporter of the English-only movement, promptly vetoed the bill due to a provision in the Constitution of West Virginia that limits bills to one topic, which also makes riders de facto unconstitutional in West Virginia. To counteract riders, 43 of the 50 U.S. states have provisions in their state constitutions allowing the use of line item vetos so that the executive can veto single objectionable items within a bill, without affecting the main purpose or effectiveness of the bill.
The Constitutional Council of France has taken an increasingly hard view against riders, which it considers unconstitutional and contrary to the rules of procedure of the parliamentary assemblies. In 1985 the Council started striking down amendment to laws because they were unrelated to the subject of the law.Two special categories of riders merit mention: the "budgetary riders", attached to budget bills, and "social riders", attached to the budget bill for social security organizations, clauses that have no link to the budget or to the social security budgets, respectively.
Greece's constitutional provisions regarding parliamentary procedure forbid the parliamentary discussion of bills containing unrelated topics. Specifically, article 74, paragraph 5 of the Greek Constitution stipulates that a) a bill that contains provisions unrelated to its main subject is not introduced for discussion, and b) additions or amendments unrelated to the bill's main subject are not introduced for discussion.
In 2005, the Constitutional Court of Hungary struck down the yearly national budget law in its entirety, because almost half of the paragraphs were not related to state fiscals at all, but modified 44 other existing pieces of legislation, which concerned health regulations, public education and foreign relations. This judicial ruling restricted the government's future options in bypassing due parliamentary debate and imposing certain reforms unilaterally.
In some legislative systems, such as the British Parliament, riders are prevented by the existence of the long title of a bill that describes the full purpose of the bill. Any part of the bill that falls outside the scope of the long title would not be permitted. However, legislators often bypass this limitation by naming a bill vaguely, such as by appending "and for connected purposes" to the name.
The Congress of the Philippines is prohibited to add riders in bills. According to Article VI, Section 26(1) of the Constitution of the Philippines, bills must espouse a particular subject which has to be conveyed in the title thereof.
In United States government, the line-item veto, or partial veto, is the power of an executive authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package. The line-item vetoes are usually subject to the possibility of legislative override as are traditional vetoes.
A veto is the power to unilaterally stop an official action, especially the enactment of legislation. A veto can be absolute, as for instance in the United Nations Security Council, whose permanent members can block any resolution, or it can be limited, as in the legislative process of the United States, where a two-thirds vote in both the House and Senate will override a presidential veto of legislation. A veto may give power only to stop changes, like the US legislative veto, or to also adopt them, like the legislative veto of the Indian President, which allows him to propose amendments to bills returned to Parliament for reconsideration.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic, dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth Republic, while the text was drafted by Michel Debré. Since then, the constitution has been amended twenty-four times, through 2008.
An omnibus spending bill is a type of bill in the United States that packages many of the smaller ordinary appropriations bills into one larger single bill that can be passed with only one vote in each house. There are twelve different ordinary appropriations bills that need to be passed each year to fund the federal government and avoid a government shutdown. An omnibus spending bill combines two or more of those bills into a single bill.
The Contract with America was a legislative agenda advocated for by the United States Republican Party during the 1994 Congressional election campaign. Written by Newt Gingrich and Dick Armey, and in part using text from former President Ronald Reagan's 1985 State of the Union Address, the Contract detailed the actions the Republicans promised to take if they became the majority party in the United States House of Representatives for the first time in 40 years. Many of the Contract's policy ideas originated at The Heritage Foundation, a conservative think tank.
A supermajority, supra-majority, qualified majority or special majority, is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a majority. A supermajority in a democracy can help to prevent a majority from eroding fundamental rights of a minority. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote.
Clinton v. City of New York, 524 U.S. 417 (1998), is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens.
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the Palais-Royal, Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the President of the French Republic.
Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.
An omnibus bill is a proposed law that covers a number of diverse or unrelated topics. Omnibus is derived from Latin and means "to, for, by, with or from everything". An omnibus bill is a single document that is accepted in a single vote by a legislature but packages together several measures into one or combines diverse subjects.
Reconciliation is a legislative process of the United States Congress that expedites the passage of certain budgetary legislation in the United States Senate. The Senate filibuster effectively requires a 60-vote super-majority for the passage of most legislation in the Senate, but reconciliation provides a process to prevent the use of the filibuster and thereby allow the passage of a bill with simple majority support in the Senate. The reconciliation procedure also exists in the United States House of Representatives, but reconciliation has had a less significant impact on that body.
The Line Item Veto Act of 1996Pub.L. 104–130 (text)(pdf) was a federal law of the United States that granted the President the power to line-item veto budget bills passed by Congress, but its effect was brief as the act was soon ruled unconstitutional by the Supreme Court in Clinton v. City of New York.
A signing statement is a written pronouncement issued by the President of the United States upon the signing of a bill into law. They are usually printed along with the bill in United States Code Congressional and Administrative News (USCCAN). The statements begin with wording such as "This bill, which I have signed today" and continue with a brief description of the bill and often several paragraphs of political commentary.
This is a brief description of the lawmaking procedure in India.
The single-subject rule is a rule in the constitutional law of some jurisdictions that stipulates that some or all types of legislation may deal with only one main issue. One purpose is to avoid complexity in laws, to avoid any hidden that legislators or voters may miss when reading the proposed law. Another is to prevent legislators attaching an unpopular provision ("rider") to an unrelated popular one, whether in the hope of sneaking the unpopular one through, or in the hope of causing the popular one to be rejected.
In the United States Congress, a Christmas tree bill is a political term referring to a bill that attracts many, often unrelated, floor amendments. A Christmas tree bill consists of many riders. The amendments which adorn the bill may provide special benefits to various groups or interests. The term refers to the proposed legislation being subject to having each member of Congress hang their own amendment on it.
The line-item veto, also called the partial veto, is a special form of veto power that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill. Many countries have different standards for invoking the line-item veto, if it exists at all. Each country or state has its own particular requirement for overriding a line-item veto.
United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution. The subject mainly concerns the scope of power of the United States federal government as compared to the individual states and the fundamental rights of individuals. As the ultimate authority on matters of constitutional interpretation, the decisions of the Supreme Court of the United States make up a large portion of constitutional law.
The single subject amendment is a proposed amendment to the United States Constitution that would impose the single-subject rule on federal legislation, limiting the content of bills introduced in Congress to a single subject. The amendment would have the effect of limiting legislative tactics such as logrolling, earmarks, and pork barrel spending. It would also discourage the use of very long omnibus spending bills which are difficult for legislators to read and analyze in the time frame needed for a vote, and to which unrelated riders are often added late in the legislative process. As of 2016, 41 states have single-subject rules in their state constitutions, but the federal Congress has no such rule. Many of these state and local provisions are over a century old, and litigation is often used to enforce the provisions.