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上海交通大学:《美国公共政策制定 Public Policy-making in the U.S.》课程教学资源(PPT课件)06 The Role of the Legislative Branch in the Policy-Making Process

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The Role of the Legislative Branch in the Policy-Making Process

The Role of the Legislative Branch in the Policy-Making Process

I.Introduction No country in the world has a direct democracy.Direct democracy is practically impossible in a nation of the size and complexity of the United States.Americans are governed through representatives.There is simply no alternative.There has been a long debate about the proper relationship between a people and its representatives.One view holds that the representative must follow the expressed opinion of the constituency. Another view,first elaborated two centuries ago by the English theorist Edmund Burke,holds that the representative is obliged to exercise personal judgement in making policy decision.The debate is essentially an issue of which interests will be the objects of public policy

I. Introduction No country in the world has a direct democracy. Direct democracy is practically impossible in a nation of the size and complexity of the United States. Americans are governed through representatives. There is simply no alternative. There has been a long debate about the proper relationship between a people and its representatives. One view holds that the representative must follow the expressed opinion of the constituency. Another view, first elaborated two centuries ago by the English theorist Edmund Burke, holds that the representative is obliged to exercise personal judgement in making policy decision. The debate is essentially an issue of which interests will be the objects of public policy

The governing system of the United States,partly by design and partly by accident,embodies elements of both these concepts of representation.The presidency is a truly national office that inclines its incumbent to take a national view of issues,while Congress is both a national institution and a body that is subject to powerful constituency influence.U.S.Congress plays extremely important role in public policy-making in the U.S.In fact,it is the main body of government that makes public policies(legislation means立法,法就是 法案,法案就是关于公共政策的) U.S.separation of power system British parlimentary system French hybrid system Term limit debate

The governing system of the United States, partly by design and partly by accident, embodies elements of both these concepts of representation. The presidency is a truly national office that inclines its incumbent to take a national view of issues, while Congress is both a national institution and a body that is subject to powerful constituency influence. U.S. Congress plays extremely important role in public policy-making in the U.S. In fact, it is the main body of government that makes public policies (legislation means 立法,法就是 法案,法案就是关于公共政策的). n U.S. separation of power system n British parlimentary system n French hybrid system n Term limit debate

Il.Structure of U.S.Congress 1.House of Representatives 1)The composition and powers of the House are established in Article One of the Constitution.The major power of the House is to pass federal legislation that affects the entire country,although its bills must also be passed by the Senate and further agreed to by the President before becoming law (unless both the House and Senate re-pass the legislation with a two- thirds majority in each chamber).Each state receives representation in the House in proportion to its population but is entitled to at least one representative. The most populous state,California,currently has 53 representatives.The total number of voting representatives is fixed by law at 435.Each representative serves for a two-year term.Article l, Section 2 of the Constitution sets three qualifications

II. Structure of U.S. Congress 1. House of Representatives 1)The composition and powers of the House are established in Article One of the Constitution. The major power of the House is to pass federal legislation that affects the entire country, although its bills must also be passed by the Senate and further agreed to by the President before becoming law (unless both the House and Senate re-pass the legislation with a two￾thirds majority in each chamber). Each state receives representation in the House in proportion to its population but is entitled to at least one representative. The most populous state, California, currently has 53 representatives. The total number of voting representatives is fixed by law at 435. Each representative serves for a two-year term. Article I, Section 2 of the Constitution sets three qualifications

for representatives.Each representative must:(1)be at least twenty-five years old;(2)have been a citizen of the United States for the past seven years;and (3)be (at the time of the election)an inhabitant of the state they represent.Elections for representatives are held in every even-numbered year,on Election Day the first Tuesday after the first Monday in November.By law Representatives must be elected from single-member districts by plurality voting.The Constitution permits the House to expel a member with a two-thirds vote.In the history of the United States,only five members have been expelled from the House.The House also has the power to formally censure or reprimand its members; censure or reprimand requires only a simple majority, but does not remove a member from office

for representatives. Each representative must: (1) be at least twenty-five years old; (2) have been a citizen of the United States for the past seven years; and (3) be (at the time of the election) an inhabitant of the state they represent. Elections for representatives are held in every even-numbered year, on Election Day the first Tuesday after the first Monday in November. By law Representatives must be elected from single-member districts by plurality voting. The Constitution permits the House to expel a member with a two-thirds vote. In the history of the United States, only five members have been expelled from the House. The House also has the power to formally censure or reprimand its members; censure or reprimand requires only a simple majority, but does not remove a member from office

2)District redistribution:States that are entitled to more than one Representative are divided into single-member districts.This has been a federal statutory requirement since 1967.Typically,states redraw these district lines after each census,though they may do so at other times. Each state determines its own district boundaries,either through legislation or through non-partisan panels. Gerrymandering is a practice that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan or incumbent-protected districts

2) District redistribution: States that are entitled to more than one Representative are divided into single-member districts. This has been a federal statutory requirement since 1967. Typically, states redraw these district lines after each census, though they may do so at other times. Each state determines its own district boundaries, either through legislation or through non-partisan panels. Gerrymandering is a practice that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan or incumbent-protected districts

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3)Member officials:The party with a majority of seats in the House is known as the majority party.The next- largest party is the minority party.The Speaker, committee chairs,and some other officials are generally from the majority party;they have counterparts (for instance,the "ranking members"of committees)in the minority party.Speakers have a role both as a leader of the House and the leader of their party (which need not be the majority party;theoretically,a member of the minority party could be elected as Speaker with the support of a fraction of members of the majority party). Under the Presidential Succession Act(1947),the Speaker is second in the line of presidential succession behind the Vice President

3) Member officials: The party with a majority of seats in the House is known as the majority party. The next￾largest party is the minority party. The Speaker, committee chairs, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. Speakers have a role both as a leader of the House and the leader of their party (which need not be the majority party; theoretically, a member of the minority party could be elected as Speaker with the support of a fraction of members of the majority party). Under the Presidential Succession Act (1947), the Speaker is second in the line of presidential succession behind the Vice President

Each party elects a floor leader,who is known as the Majority Leader or Minority Leader.The Minority Leader heads his or her party in the House,and the Majority Leader is his or her party's second-highest ranking official,behind the Speaker.Party leaders decide what legislation members of their party should either support or oppose. Each party also elects a whip,who works to ensure that the party's members vote as the party leadership desires. The whip is supported by chief deputy whips.After the whips,the next ranking official in the House party's leadership is the Party Conference Chair(styled as the Republican Conference Chair and Democratic Caucus Chair)

Each party elects a floor leader, who is known as the Majority Leader or Minority Leader. The Minority Leader heads his or her party in the House, and the Majority Leader is his or her party's second-highest ranking official, behind the Speaker. Party leaders decide what legislation members of their party should either support or oppose. Each party also elects a whip, who works to ensure that the party's members vote as the party leadership desires. The whip is supported by chief deputy whips. After the whips, the next ranking official in the House party's leadership is the Party Conference Chair (styled as the Republican Conference Chair and Democratic Caucus Chair)

Representatives are generally less independent of party leaders than senators,and usually vote as the leadership directs.Incentives to cooperate include the leadership's power to select committee chairs,determine committee assignments,and provide re-election support in the primary and general elections.As a result,the leadership plays a much greater role in the House than in the Senate, an example of why the atmosphere of the House is regarded by many as more partisan. When the Presidency and Senate are controlled by a different party from the one controlling the House,the Speaker can become the de facto "leader of the opposition."Since the Speaker is a partisan officer with substantial power to control the business of the House, the position is often used for partisan advantage

Representatives are generally less independent of party leaders than senators, and usually vote as the leadership directs. Incentives to cooperate include the leadership's power to select committee chairs, determine committee assignments, and provide re-election support in the primary and general elections. As a result, the leadership plays a much greater role in the House than in the Senate, an example of why the atmosphere of the House is regarded by many as more partisan. When the Presidency and Senate are controlled by a different party from the one controlling the House, the Speaker can become the de facto "leader of the opposition." Since the Speaker is a partisan officer with substantial power to control the business of the House, the position is often used for partisan advantage

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