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Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
Cloture, closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "the act of terminating something". It was introduced into the Parliament of the United Kingdom by William Ewart Gladstone to overcome the obstructionism of the Irish Parliamentary Party and was made permanent in 1887. It was subsequently adopted by the United States Senate and other legislatures. The name cloture remains in the United States; in Commonwealth countries it is usually closure or, informally, guillotine; in the United Kingdom closure and guillotine are distinct motions.
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, thus changing the frame of government without altering the existing text of the document.
Joseph Bradley Varnum was an American politician from Massachusetts. He served as a U.S. representative and United States senator, and held leadership positions in both bodies. He was a member of the Democratic-Republican Party.
The Flag Desecration Amendment is a proposed addition to the Constitution of the United States that would allow the U.S. Congress to prohibit by statute and provide punishment for the physical "desecration" of the flag of the United States. The concept of flag desecration continues to provoke a heated debate over protecting a national symbol, preserving free speech, and upholding the liberty said to be represented by that national symbol. While the proposal has been passed by the two-thirds majority required in the House of Representatives several times, it has not passed the Senate by the same super-majority and has often not come to a vote in the Senate despite its introduction several times.
A supermajority 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 simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. 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.
Public Law 103-150, informally known as the Apology Resolution, is a Joint Resolution of the U.S. Congress adopted in 1993 that "acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of agents and citizens of the United States and further acknowledges that the Native Hawaiian people never directly relinquished to the United States their claims to their inherent sovereignty as a people over their national lands, either through the Kingdom of Hawaii or through a plebiscite or referendum". The resolution has been cited as impetus for the Hawaiian sovereignty movement, and has been the subject of debate.
In United States parliamentary procedure, a discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from the committee by "discharging" the committee from further consideration of a bill or resolution.
In the United States Congress, a joint resolution is a legislative measure that requires passage by the Senate and the House of Representatives and is presented to the President for his approval or disapproval. Generally, there is no legal difference between a joint resolution and a bill. Both must be passed, in exactly the same form, by both chambers of Congress, and signed by the President to become a law. Only joint resolutions may be used to propose amendments to the United States Constitution, and these do not require the approval of the President. Laws enacted by joint resolutions are not distinguished from laws enacted by bills, except that they are designated as resolutions as opposed to Acts of Congress.
A concurrent resolution is a resolution adopted by both houses of a bicameral legislature that lacks the force of law and does not require the approval of the chief executive (president). Concurrent resolutions are typically adopted to regulate the internal affairs of the legislature that adopted them, or for other purposes, if authority of law is not necessary.
Budget reconciliation is a special parliamentary procedure of the United States Congress set up to expedite the passage of certain federal budget legislation in the Senate. The procedure overrides the Senate's filibuster rules, which may otherwise require a 60-vote supermajority for passage. Bills described as reconciliation bills can pass the Senate by a simple majority of 51 votes or 50 votes plus the vice president's as the tie-breaker. The reconciliation procedure also applies to the House of Representatives, but it has minor significance there, as the rules of the House of Representatives do not have a de facto supermajority requirement. Because of greater polarization, gridlock, and filibustering in the Senate in recent years, budget reconciliation has come to play an important role in how the United States Congress legislates.
The clerk of the United States House of Representatives is an officer of the United States House of Representatives, whose primary duty is to act as the chief record-keeper for the House.
A conference committee is a joint committee of the United States Congress appointed by the House of Representatives and Senate to resolve disagreements on a particular bill. A conference committee is usually composed of senior members of the standing committees of each house that originally considered the legislation.
Censure is a formal, public, group condemnation of an individual, often a group member, whose actions run counter to the group's acceptable standards for individual behavior. In the United States, governmental censure is done when a body's members wish to publicly reprimand the president of the United States, a member of Congress, a judge or a cabinet member. It is a formal statement of disapproval. It relies on the target's sense of shame or their constituents' subsequent disapproval, without which it has little practical effect when done on members of Congress and no practical effect when done on the president.
A non-binding resolution is a motion adopted by a deliberative body that does not enact a law or a substantive rule, and is simply used to make known what the opinions of that body are in relation to a certain fact or event.
The United States House of Representatives is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together, they comprise the national bicameral legislature of the United States.
A filibuster is a tactic used in the United States Senate to delay or block a vote on a measure by preventing debate on it from ending. The Senate's rules place few restrictions on debate; in general, if no other senator is speaking, a senator who seeks recognition is entitled to speak for as long as they wish. Only when debate concludes can the measure be put to a vote.
Procedures of the United States Congress are established ways of doing legislative business. Congress has two-year terms with one session each year. There are rules and procedures, often complex, which guide how it converts ideas for legislation into laws.
The Congressional Review Act (CRA) is a law that was enacted by the United States Congress as Subtitle E of the Contract with America Advancement Act of 1996 and signed into law by President Bill Clinton on March 29, 1996. The law empowers Congress to review, by means of an expedited legislative process, new federal regulations issued by government agencies and, by passage of a joint resolution, to overrule a regulation. Once a rule is thus repealed, the CRA also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule". Congress has a window of time lasting 60 legislative days to disapprove of any given rule by simple-majority vote; otherwise, the rule will go into effect at the end of that period.
In the United States, federal impeachment is the process by which the House of Representatives charges the president, vice president, or a civil federal officer for alleged misconduct. The House can impeach an individual with a simple majority of the present members or other criteria adopted by the House according to Article One, Section 2, Clause 5 of the U.S. Constitution.
References
- ↑ Dorsey, Tobias (2006). "5". Legislative Drafter's Deskbook. TheCapitol.Net, Inc. p. 162. ISBN 9781587330155.
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