Thank you for returning to Washminster after its short break. I'd particularly like to thank those of you who knew of the circumstances and sent your condolences on the death of my Father.
David
The big issue facing the House of Representatives is reform of its procedures and practices. A review is being conducted by the Republican transition team, headed by Greg Walden, and we will of course be following this issue closely. The transition website can be accessed here.
The Senate has, through the frequent threat of a filibuster, been unable to move much business forward in recent years. Although the Constitution requires special majorities for specific matters, the requirement for sufficient votes to gain cloture, means that there is now a de facto special majority of 3/5th (60 votes) needed for any business. Will this continue? or will it come under sustained challenge in the New Congress? January certainly is shaping up to be an interesting month for Congressional practice!
At Westminster the Opposition is beginning to find its feet. Constitutional Reform continues to play a major part in the legislative business of both Houses.
We live in interesting times! Follow events on Washminster - and please tell your friends, students, tutors etc about this educational blog.
Showing posts with label Cloture. Show all posts
Showing posts with label Cloture. Show all posts
Thursday, 11 November 2010
Friday, 30 October 2009
Time
In both the Westminster Parliament and the US Congress (and all legislative bodies) - time matters! Time is required for legislative proposals to be discussed and developed. Holding to account those who exercise power requires time for questions to be put and answered. If matters of concern to the nation and pressing issues affecting citizens are to be discussed then time is needed. For this reason the allocation of time is one of the most hotly contested issues in both legislatures.
In the House of Commons Standing Order 14 (full S.O.s here) Government business has precedence at all time, save for the exceptions set out. (Opposition Days; Private Members' Time). The use of Programme Motions (SOs 83A-I) gives great power to the Government to get its business through.
The allocation of time in the House of Lords is negotiated through the "usual channels" (usually the party whips, but the term can have a wider meaning which includes other leadership posts and representatives of the Crossbenchers). Peer pressure (pun intended) generally keeps business ticking over (and restrain those who would talk too much) - though carefully laid plans can be easily derailed.
The majority in the House of Representatives enjoys considerable advantages in controlling time and the flow of business. The Rules Committee - which can issue "Special Rules" allocating and restricting time (and potential amendments) on particular bills and resolutions - plays a key role.
In the Senate the majority has a harder time controlling the flow of business. While the "cloture" rule (only introduced in 1917) can defeat a filibuster - the need for 60 votes, plus the time for the cloture procedure to run its course gives a headache for the Majority Leader (or any Senator seeking to get legislation passed).
In all Houses methods have been developed which minorities can use to 'hijack' time or slow down the majority. These range from the filibuster to "points of order". Each House has its own procedures and practices both to slow (and even stop) business and to get business through. Some of these will be considered in future Washminster posts.
In the House of Commons Standing Order 14 (full S.O.s here) Government business has precedence at all time, save for the exceptions set out. (Opposition Days; Private Members' Time). The use of Programme Motions (SOs 83A-I) gives great power to the Government to get its business through.
The allocation of time in the House of Lords is negotiated through the "usual channels" (usually the party whips, but the term can have a wider meaning which includes other leadership posts and representatives of the Crossbenchers). Peer pressure (pun intended) generally keeps business ticking over (and restrain those who would talk too much) - though carefully laid plans can be easily derailed.
The majority in the House of Representatives enjoys considerable advantages in controlling time and the flow of business. The Rules Committee - which can issue "Special Rules" allocating and restricting time (and potential amendments) on particular bills and resolutions - plays a key role.
In the Senate the majority has a harder time controlling the flow of business. While the "cloture" rule (only introduced in 1917) can defeat a filibuster - the need for 60 votes, plus the time for the cloture procedure to run its course gives a headache for the Majority Leader (or any Senator seeking to get legislation passed).
In all Houses methods have been developed which minorities can use to 'hijack' time or slow down the majority. These range from the filibuster to "points of order". Each House has its own procedures and practices both to slow (and even stop) business and to get business through. Some of these will be considered in future Washminster posts.
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