From 74444.1076@COMPUSERVE.COMWed Apr 3 16:32:52 1996 Date: Mon, 1 Apr 1996 13:29:48 EST From: Jamal Mazrui <74444.1076@COMPUSERVE.COM> Reply to: "EASI: Equal Access to Software and Information" To: Multiple recipients of list EASI Subject: Intro to U.S. Government Participating effectively in government processes depends partly on our understanding of the structure and operation of the U.S. system. Though we have probably learned the basics at one time or another, an accessible civics refresher I found may be useful, especially in a year where citizen activism--including that by people with disabilities--is likely to make a considerable difference in the future directions of government programs. Jamal Mazrui National Council on Disability Email: 74444.1076@compuserve.com ---------- AN INTRODUCTION TO THE US GOVERNMENT Table of Contents * How a Bill Becomes a Law * The Congress * Congressional Leadership * The President * The Constitution * Elections * Campaign Finance * The Budget * Bibliography (Compiled by Elise Senter, 1995) ---------- HOW A BILL BECOMES A LAW: _________________________________________________________________ Legislation is Introduced... Committee Action... Floor Action... Conference Committee... The President... The Bill Becomes a Law... Glossary of Terms _________________________________________________________________ A. Legislation is Introduced Any member can introduce a piece of legislation House - Legislation is handed to the clerk of the House or placed in the hopper. Senate - Members must gain recognition of the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the\\\ bill is postponed until the next day. * The bill is assigned a number. (i.e. HR1 or S1) * The bill is labeled with the sponsor's name. * The bill is sent to the Government Printing Office and copies are made. * Senate bills can be jointly sponsored. * Members can cosponsor the piece of Legislation. _________________________________________________________________ B. Committee Action The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. Most often the actual referral decision is made by the House or Senate parliamentarian. Bills may be referred to more than one committee and it may be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it. Bills in the House can only be released from committee without a proper committee vote by a discharge petition signed by a majority of the House membership (218). Committee Steps: 1. Comments about the bill's merit are requested by government agencies. 2. Bill can be assigned to subcommittee by Chairman. 3. Hearings may be held. 4. Subcommittees report their findings to the full committee. 5. Finally there is a vote by the full committee - the bill is "ordered to be reported." 6. A committee will hold a "mark-up" session during which it will make revisions and addition. If substantial amendments are made, the committee can order the introduction of a "clean bill" which will include the proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change or reject all committee amendments before conducting a final passage vote. 7. After the bill is reported, the committee staff prepares a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar. 8. In the House, most bills go to the Rules committee before reaching the floor. The committee adopts rules that will govern the procedures under which the bill will be considered by the House. A "closed rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have a major impact on whether the bill passes. The rules committee can be bypassed in three ways 1.) members can move rules to be suspended (requires 2/3 vote) 2.) a discharge petition can be filed 3.) the House can use a Calendar Wednesday procedure. _________________________________________________________________ C. Floor Action 1. Legislation is placed on the Calendar House: Bills are placed on one of four House Calendars. They are usually placed on the calendars in the order of which they are reported yet they don't usually come to floor in this order - some bills never reach the floor at all. The Speaker of the House and the Majority Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a discharge petition.) Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought tothe floor whenever a majority of the Senate chooses. 2. Debate House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring Committee and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to make sure that there are enough members present (218) to have a final vote. If there is not a quorum, the House will adjourn or will send the Sergeant at Arms out to round up missing members. Senate: debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane - riders are often offered. Entire bills can therefore be offered as amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure by "talking it to death." 3. Vote - the bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills they are sent to Conference Committee. Most major legislation goes to a Conference Committee. _________________________________________________________________ D. Conference Committee 1. Members from each house form a conference committee and meet to work out the differences. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill. 2. If the Conference Committee reaches a compromise, it prepares a written conference report which is submitted to each chamber. 3. The conference report must be approved by both the House and the Senate. _________________________________________________________________ E. The President The bill is sent to the President for review. 1. A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session. 2. If Congress adjourns before the 10 days and the President has not signed the bill then it does not become law ("Pocket Veto.") 3. If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The chamber which originated the legislation can attempt to override the veto by a vote of two-thirds of those present. If the veto of the bill is overridden in both chambers then it becomes law. _________________________________________________________________ F. The Bill Becomes A Law Once a bill is signed by the President or the veto is overridden by both houses it becomes a law and is assigned an official number. _________________________________________________________________ GLOSSARY OF TERMS House Legislative Calendars * The Union Calendar - deals with bills which would raise revenues and spending bills (appropriations). The House Calendar - deals with public bills which do not raise revenue or appropriate any money or property. * The Consent Calendar - deals with bills which are not controversial and are passed without debate. This calendar is called on the first and third Monday of each month. * The Private Calendar - deals with claims against the U.S. Types of Legislation * Bills - Denoted with HR in the House and S in the Senate and then followed by an assigned number. This is the most common form of legislation. * Private Bill - A bill that deals only with specific private, personal, or local matters other than with general legislative affairs. The main kinds include immigration and naturalization bills (referring to particular individuals) and personal-claim bills. * Public Bill - A legislative bill that deals with matters of general concern. A bill involving defense expenditures is a public bill. * Resolution - Hres or Sres. This type of legislation is adopted only by the house that introduces it, and deals with issues concerning the operation of that house only. * Concurrent Resolutions - H Con Res or S Con Res. This type of legislation does not become law. It deals with issues that relate to internal matters in both the House and the Senate. * Joint Resolutions - HJ Res or SJ Res. These treated much the same as bills with the exception of joint resolutions which propose amendments to the Constitution. Two-thirds of both the House and the Senate must approve proposed amendments and then the Joint Resolution is sent to the states for ratification instead of the President. Other Terms Calendar Wednesday - a procedure of the House of Representatives whereby Wednesdays may be used to call the roll of the standing committees for the purpose of bringing up any of their bills for consideration from the House or Union Calendar. Cloture - is a motion in the Senate to limit debate. It takes 60 votes to invoke cloture. Invoking cloture will end a filibuster. Committee of The Whole - The members of the House of Representatives organized into a committee for the consideration of bills and other matters. Most House business is transacted in the Committee of the Whole so that the formal requirements of its regular sessions, such as having a quorum of one-half the membership, can be avoided. Co-Sponsor - additional members (after the original sponsor) who join on to support a bill. Discharge Petition - In the House, if a committee does not report a bill within 30 days after the measure is referred to it, any member my file a discharge motion. Once offered, the motion is treated as a petition needing the signatures of a majority of members (218 if there are no vacancies). After the required signatures have been obtained, there is a delay of seven days. Thereafter on the second and fourth Mondays of each month, except during the last six days of a session, any member who has signed the petition must be recognized, if he/she so desires, to move that the committee be discharged. Debate on the motion to discharge is limited to 20 minutes, and, if the motion is carried, consideration of the bill becomes a matter of high privilege. Filibuster - an attempt to defeat a bill in the Senate by talking indefinitely, thus preventing the Senate from doing any other work. From the Spanish filibustero, which means a "freebooter," a military adventurer. Germane - Pertaining to the subject matter of the measure at hand. Hopper - Box on House Clerk's desk where members deposit bills and resolution to introduced them. Morning Hour - The time set aside at the beginning of each legislative day for the consideration of regular, routine business. The "hour" is of indefinite duration in the House, where it is rarely used. Rider - A provision, unlikely to pass on its own merits, added to an important bill so that it will "ride" through the legislative process. Sponsor - The original member who introduces a bill. * Veto - The power of a president, governor, or mayor to kill a piece of legislation by not signing it into law. From Latin term veto - "I forbid" ---------- THE UNITED STATES CONGRESS: _________________________________________________________________ THE POWERS OF CONGRESS: The powers of Congress are found in Article 1, section 8, of the Constitution. The following is a brief summary: + To levy and collect taxes, duties, imposts, and excises. + To borrow money. + To regulate commerce with foreign nations, among the states, and with Indian tribes. + To establish rules for naturalization (that is, becoming a citizen) and bankruptcy. + To coin money, set its value, and punish counterfeiting. + To fix the standard of weights and measures. + To establish a post office and post roads. + To issue patents and copyrights to inventors and authors. + To create courts inferior (that is, below) to the Supreme Court. + To define and punish piracies, felonies on the high seas, and crimes against the law of nations. + To declare war. + To raise and support an army and navy and make rules for their governance. + To provide for a militia (reserving to the states the right to appoint militia officers and to train the militia under congressional rule). + To exercise exclusive legislative powers over the seat of government (that is, the District of Columbia) and over places purchased to be federal facilities (forts, arsenals, dockyards, and "other needful buildings.") + To "make all laws which shall be necessary and proper for the carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States." _________________________________________________________________ Qualifications for Entering Congress: House: + Must be 25 years of age (when seated, not when elected) + Must have been a citizen of the United States for 7 years. + Must be an inhabitant of the state from which elected. (NOTE: custom, but not the Constitution, requires that a representative live in the district that he or she represents.) Senate: + Must be 35 years of age (when seated, not when elected) + Must have been a citizen of the United States for 9 years. + Must be an inhabitant of the state from which elected. _________________________________________________________________ The following source was especially useful in this section: Wilson, James. American Government. D.C. Health and Company. Lexington, MA 1989. ---------- CONGRESSIONAL LEADERSHIP: I. Senate + PRESIDENT PRO TEMPORE: selected by majority party. Usually most senior member of the senate majority party. + Majority Leader: Leads the party. + Majority Whip: Assists the leader, rounds up votes, heads group of deputy whips. + Chairman of the Conference: Presides over meetings of all members of the Senate majority party. + Policy Committee: Schedules legislation. + Legislative Review Committee: Reviews legislative proposals and makes recommendations to senators of the majority party. + Steering Committee: Assigns Senators of the majority party to committees. + Republican/Democratic Senatorial Campaign Committee: Provides funds, assistance to republican/Democratic candidates for the Senate. ___________________ + Minority Leader: Leads the party. + Assistant Minority Leader: Assists the leader, rounds up votes. + Chairman of the Conference: Presides over meetings of all senators of the minority party. + Policy Committee: Makes recommendations on party policy. + Committee on Committees: Assigns Senators of the minority party to committees. II. House SPEAKER OF THE HOUSE Selected by the majority party. + Majority Leader: Leads the party. + Majority Whip: Assists the leader, rounds up votes, heads large group of deputy and assistant whips. + Chairman of the Caucus: Presides over meetings of all members of the majority party. + Steering and Policy Committee: Schedules legislation, assigns members of the majority party to committees. + Republican/Democratic Congressional Campaign Committee: Provides funds, advice to Republican/Democratic candidates for the House. __________________________ + Minority Leader: Leads the party. + Minority Whip: Assists the leader, rounds up votes, heads large forum of deputy and assistant whips. + Chairman of the Conference: Presides over meetings of all members of the minority party. + Committee on Committees: Assigns members of the minority party to committees. + Policy Committee: Advises on party policy. + Research Committee: On request, provides information about issues. _________________________________________________________________ Current Congressional Leadership: HOUSE: Speaker Newt Gingrich Majority Leader Dick Armey Majority Whip Tom DeLay Policy Committee Christopher Cox (Chair) Newt Gingrich John Linder Robert Walker Richard Amrey Tob DeLay John Boehner Susan Molinari Barbara Vucanovich Bill Paxon Michael Crapo David McIntosh Sue Myrick Gerald Solomon Bill Archer Bob Livington John Kaisich Richard Pombo James Quillen Joe Knollenberg Harris Fawell Curt Weldon Peter Blute Floyd Spence Jim McCrery Jim Kolbe Doug Bereuter James Greenwood Edward Royce Dave Weldon John Shadegg Wayne Allard Helen Chenoweth William Goodling Mel Hancock Bob Inglis Steve Largent Ron Lewis Jim Saxton Clifford Stears Gerald Weller Chairman of the Conference John Boehner Chair Congressional Campaign Committee Bill Paxon ----------------------------------------------------------- Minority Leader Dick Gephardt Minority Whip David Bonior Chair of Conference Vic Fazio Policy Committee Richard Gephardt (chair) George Miller John Spratt Richard Durbin Kweisi Mfume Eva Clayton David Obey _________________________________________________________________ SENTATE President Pro Tempore Strom Thurmond Majority Leader Bob Dole Majority Whip Trent Lott Chair of the Conference Thad Cochran Policy Committee Don Nichols (chair) Christopher Bond John Chafee Thad Cochran Alfonse D'Amato Robert Dole Pete Domenici Orrin Hatch Mark Hatfield Jesse Helms Nancy Kassebaum Trent Lott Richard Lugar Connie Mack Frank Murkowski Bob Packwood Larry Pressler William Roth Alan Simpson Arlen Specter Ted Stevens Strom Thurmond Senatorial Campaign Committee Chair Alfonse D'Amato _________________________________________________________________ Minority Leader Tom Daschle Minority Whip Wendell Ford Chair of the Conference Barbara Mikulski Policy Committee Tom Daschel (chair) Harry Reid Paul Sarbanes Charles Robb Patty Murray John Glen Ernest Hollings Claiborne Pell Dale Bumpers Daniel Patrick Moynihan John Rockefeller Daniel Akaka Byron Dorgon Carol Moseley-Braun Russell Feingold Joseph Lieberman Paul Wellstone Bennett Johnston Dianne Feinstein Senatorial Campaign Committee Bob Kerry ---------- THE PRESIDENT OF THE UNITED STATES: _________________________________________________________________ QUALIFICATIONS: + Must be a natural-born citizen of the United States (can be born abroad of parents who are American citizens) + Must be 35 years of age. + Must be a resident of the United States for at least 14 years (but not necessarily the 14 years preceding the election.) _________________________________________________________________ BENEFITS: + A nice house + A salary of $200,000 per year (taxable) + Expense account of $50,000 per year (taxable) + Travel expenses of $100,000 per year (tax-free) + Pension, on retirement, of $63,000 per year (taxable) + Staff support on leaving the presidency + A place in the country - Camp David + A personal airplane - Air Force Once + A fine chef _________________________________________________________________ THE POWERS OF THE PRESIDENT: According to Article II of the Constitution the President has the following powers: Powers of the President + Serve as commander in chief of the armed forces. + Commission officer of the armed forces + Grant reprieves and pardons for federal offenses (except impeachment) + Convene Congress in special sessions + Receive ambassadors + Take care that the laws be faithfully executed + Wield the "executive power" + Appoint officials to lesser offices Powers of the President That Are Shared with the Senate + Make treaties + Appoint ambassadors, judges, and high officials Powers of the President That are Shared with Congress as a Whole + Approve legislation _________________________________________________________________ The following source was especially useful in this section: Wilson, James. American Government. D.C. Health and Company. Lexington, MA 1989. ---------- THE CONSTITUTION: _________________________________________________________________ I. CHECKS AND BALANCES: The Constitution creates a system of separate institutions that share powers. Because the three branches of government share powers, each can (partially) check the powers of the others. This is the system of checks and balances. The major checks possessed by each branch are listed below. CONGRESS 1. Can check the president in these ways: + By refusing to pass a bill the president wants + By passing a law over the president's veto + By using the impeachment powers to remove the president from office + By refusing to approve a presidential appointment (Senate only) + By refusing to ratify a treaty the president has signed (Senate only) 2. Can check the federal courts in these ways: + By changing the number and jurisdiction of the lower courts + By using the impeachment powers to remove a judge from office + By refusing to approve a person nominated to be a judge (Senate only) President 1. Can check Congress by vetoing a bill it has passed 2. Can check the federal courts by nominating judges Courts 1. Can check Congress by declaring a law unconstitutional. 2. Can check the president by declaring actions by him/her or his/her subordinates to be unconstitutional or not authorized by law. In addition to these checks provided for in the Constitution, each branch has informal ways of checking the others. For example, the president can withhold information from Congress (on the grounds of executive privilege), and Congress can try to get information from the president by mounting an investigation. _________________________________________________________________ II. LIBERTIES GUARANTEED IN THE CONSTITUTION (BEFORE THE BILL OF RIGHTS WAS ADDED) + Writ of habeus corpus may not be suspended (except during an invasion or rebellion). + No bill of attainder may be passed by Congress or the states. + No ex post facto law may be passed by Congress or the states. + Right of trial by jury in criminal cases is guaranteed. + The citizens of each state are entitled to the privileges and immunities of the citizens of every other state. + No religious test or qualification for holding federal office is imposed. + No law impairing the obligation of contracts may be passed by the states. _________________________________________________________________ III. THE BILL OF RIGHTS: The first ten amendments passed by Congress September 25, 1789. Ratified December 15, 1791. Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment II A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed. Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. _________________________________________________________________ IV. WAYS OF AMENDING THE CONSTITUTION: Under Article V there are two ways to propose amendments to the Constitution and two ways to ratify them. To propose an amendment 1. Two-thirds of both houses of Congress vote to propose an amendment, or 2. Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. To ratify an amendment 1. Three-fourths of the state legislatures approve it, or 2. Ratifying conventions in three-fourths of the states approve it. Some Key Facts: + Only the first method of proposing an amendment has been used. + The second method of ratification has been used only once, to ratify the Twenty-first Amendment (repealing Prohibition). + Congress may limit the time within which a proposed amendment must be ratified. The usual limitation has been seven years. + Thousands of proposals have been made, but only thirty-three have obtained the necessary two-thirds vote in Congress. + Twenty six amendments have been ratified. _________________________________________________________________ CONSTITUTIONAL VOCABULARY Bill of Attainer - A legislative act that declares the guilt of an individual and doles out punishment without a judicial trial. The state legislatures and Congress are forbidden by Article 1, sections 9 and 10 of the Constitution to pass such acts. This is an important ingredient of the separation of powers. Executive Privilege - The claimed right of executive officials to refuse to appear before, or to withhold information from, the legislature or courts on the grounds that the information is confidential and would damage the national interest. For example, President Nixon refused, unsuccessfully, to surrender his subpoenaed White House tapes by claiming executive privilege. Executive Order - This critical instrument of active presidential power is nowhere defined in the Constitution but generally is construed as a presidential directive that becomes law without prior congressional approval. The power for the executive order is implied in Article II of the Constitution when it allots "executive power" to the president: "The executive power shall be vested in a president of the United States of America." - Article II, section 1 "[The President] shall take care that the laws be faithfully executed..." - Article II, section 3 Double Jeopardy -The guarantee in the Fifth Amendment to the Constitution that one may not be tried twice for the same crime. For example, an individual declared not guilty of murdering a neighbor cannot be tried again for that murder. The person is not, however, exempt from begin tried for the murder of another individual. Habeus Corpus - a court order directing a police officer, sheriff, or warden who has a person in custody to bring the prisoner before a judge and show sufficient cause for his or her detention. Designed to prevent illegal arrests and unlawful imprisonment. A Latin term meaning "you shall have the body". Impeachment - A formal accusation against a public official by the lower house of a legislative body. Impeachment is merely an accusation and not a conviction. Only one president, Andrew Johnson in 1868, was ever impeached. He was not, however, convicted, for the Senate failed by one vote to obtain the necessary two-thirds vote required for conviction. Ex Post Facto Law - a law that makes criminal an act that was legal when it was committed, or that increases the penalty for a crime after it has been committed, or that changes the rules of evidence to make conviction easier; a retroactive criminal law. A Latin term meaning "after the fact". The state legislatures and Congress are forbidden to pass such laws by Article I, section 9 and 10 or the Constitution. ---------- ELECTION: _________________________________________________________________ KINDS OF ELECTIONS: 1. General Election - an election to fill public offices. 2. Primary Election - an election prior to the general election in which voters select the candidates who will run on each party's ticket. Primaries are also used to choose convention delegates and party leaders, and may be open or closed. + Open Primary - an election that permits voters to choose on election day the party primary in which they wish to vote. They may vote for candidates of only one party. (A blanket or "free love" primary is a type of open primary. In the voting booth you mark a ballot that lists the candidates for nomination of all the parties, and thus you can help select the Democratic candidate for one office and the Republican candidate for another.) + Closed Primary - the selection of a party's candidates in an election limited to registered party members. Prevents members of other parties from "crossing over" to influence the nomination of an opposing party's candidate. + Runoff Primary - if no candidate gets a majority of the votes, a runoff is held to decide who should win. + Presidential Primary - a primary used to pick delegates to the presidential nominating conventions of the major parties. _________________________________________________________________ ELECTION VOCABULARY Electoral College A group of persons called "electors," selected by the voters in each state, that officially elects the president and vice president. The number of electors in each states is equal to its number of representatives in both houses of Congress. Initiative An electoral procedure whereby citizens can propose legislation or constitutional amendments and refer the decision to a popular vote by obtaining the required number of signatures on a petition. Machine A hierarchically organized, centrally led state or local party organization that rewards members with material benefits (patronage). Office-Block Ballot A ballot listing all candidates for a given office under the name of that office; also called a "Massachusetts" ballot. Party-Column Ballot A ballot listing all candidates of a given party together under the name of that party; also called an "Indiana" ballot. Split-Ticket Voting Voting for candidates of different parties for various offices in the same election. For example, voting for a Republican for senator and a Democrat for president. Straight-Ticket Voting Voting for candidates who are all of the same party. For example, voting for Republican candidates for senator, representative, and president. _________________________________________________________________ The following source was especially useful in this section: Wilson, James. American Government. D.C. Health and Company. Lexington, MA 1989. ---------- CAMPAIGN FINANCE: ( Information provided by The Center For Responsive Politics) _________________________________________________________________ I. MAJOR RULES Who Can Contribute? + Any American citizen can contribute funds to a candidate or a political party except for individuals and sole owners of proprietorships that have contracts with the federal government. + Foreigners with no permanent US residency are prohibited from contributing to any political candidates at any level. + Cash contributions over $100 are prohibited, no matter what their origin. + No candidate can accept an anonymous contribution that is more than $50. + Corporations, labor unions, national banks and federally chartered corporations are also prohibited from contributing to federal campaigns or parties. (since 1907) + Political action committees operated by foreign-owned corporations may contribute to campaigns as long as American citizens are the only contributors to the PAC. Federal Campaign Spending Limits According to the Federal Election Campaign Act of 1974: _________________________________________________________________ To any To any To any PAC or candidate or national party other Total candidate committee political committee committee Time Period per election* per calendar per calendar per calendar year year year Individual can give... $1,000 $20,000 $5,000 $25,000 Multicandidate Committee can give...** $5,000 $15,000 $5,000 No limit Other Political Committee can $1,000 $20,000 $5,000 No limit give... _________________________________________________________________ SOURCE: The Federal Election Commission * Primary and general elections count as two separate elections; so this contribution can be effectively doubled during a normal election year in sates with primaries. ** Multicandidate committees are those with more than 50 contributors, that have been registered for at least six months, and (with the exception of state party committees) have made contributions to five or more federal candidates. _________________________________________________________________ II. WHAT IS A PAC? A Political Action Committee (PAC) is a committee set up by and representing a corporation, labor union, or special interest group that raises and spends campaign contributions on behalf of one or more candidates or causes. The first modern PAC was formed by the Congress of Industrial Organizations in 1943 in response to Congress decision to ban direct contributions from labor unions to federal candidates. The funds that are distributed from PACs come not from the organization but from voluntary contributions from individual members. While such an arrangement was not explicitly sanctioned by federal law, neither was it prohibited. Over the next 30 years the idea gradually caught on as other labor unions then corporations and business groups, formed PACs of their own. But many groups held back. PACs were still a loophole in federal election laws which were tolerated but not officially sanctioned. In 1974 the Federal Election Campaign Act was amended and specifically sanctioned the formation of "political committees" to enable the employees of corporations, members of labor unions, or members of professional groups, trade associations or any other political group to pool their dollars and give to the candidates of their choice. At the same time, it gave PACs higher contributions limits than individual contributors, and set up the Federal Election Commission (FEC) to oversee elections and to collect and monitor campaign finance reports filed by PACs and candidates. The FEC officially recognized over 600 PACs by the end of 1974 giving about $12.5 million to campaigns. By 1992 that number had more than tripled with over 4,700 individual PAC recognized contributing over $189 million. The great majority of those dollars - both then and now - went to financing the campaigns of incumbent members of Congress. ---------- THE BUDGET: TYPES OF SPENDING: Discretionary - 36% of all Federal Spending This is the money the President and Congress must decide to spend each year. It includes money for such programs as the FBI and the Coast Guard, housing and education, space exploration and highway construction, and defense and foreign aid. Mandatory - 64% of all Federal Spending This is the money that the Federal Government appends automatically - unless the President and Congress change the laws that govern it. It includes entitlements- such as Social Security, Medicare, and Food Stamps - through which individuals receive benefits because they meet some criteria of eligibility (e.g. age, income). It also includes interest on the national debt, which the Government pays to individuals and institutions that buy saving bonds and other US securities. Despite its name, however, mandatory spending is not fixed in stone. The President and Congress can change the laws that govern entitlements or taxes, but they must take explicit action to do so. _________________________________________________________________ THE BUDGET PROCESS: + The President's Budget is sent to Congress in early February. This proposal is his/her plan for the next fiscal year, beginning October 1. This plan, however, only becomes official after Congress passes, and the President signs spending bills and legislation creating new taxes and entitlements. + After receiving the President's budget, Congress examines it in detail. Scores of committees and subcommittees hold hearings on proposals under their jurisdiction. The House and Senate Armed Services Committees, for instance, would hold hearings on the President's defense plan. If the President's plan contains proposals that affect Federal revenues, the House Ways and Means and Senate Finance committees would hold hearings. The President, the Budget Director, the Cabinet, and others work with Congress as it accepts some proposals, rejects other, and changes still others. + Each year Congress must pass and the President must sign, 13 appropriation bills that include all of the discretionary spending. The President and Congress do not have to enact new laws governing entitlements or taxes. If they do not, the Government will pay the benefits for Social Security and other programs and collect the taxes required by laws in place. _________________________________________________________________ BUDGET CALENDAR: ------------------------------------------------------------------------------ No later than the 1st Monday in President transmits the budget, February including a sequester preview report. ------------------------------------------------------------------------------ Six weeks later Congressional committees report budget estimates to Budget Committees. ------------------------------------------------------------------------------ - April 15th Action to be completed on congressional budget resolution. ------------------------------------------------------------------------------ May 15th House consideration of annual appropriations bills may begin. ------------------------------------------------------------------------------ June 15th Action to be completed on reconciliation. ------------------------------------------------------------------------------ June 30th Action on appropriations to be completed by House. ------------------------------------------------------------------------------ July 15 President transmits Mid-Session Review of the budget. ------------------------------------------------------------------------------ August 20th OMB updates the sequester preview. ------------------------------------------------------------------------------ October 1 Fiscal year begins. ------------------------------------------------------------------------------ 15 days after the end of a session OMB issues final sequester report, of Congress and the President issues a sequester order, if necessary. ------------------------------------------------------------------------------ _________________________________________________________________ BUDGET VOCABULARY: Appropriation - A legislative grant of money to finance a government program. Congressional Budget Office - Provides expert technical and computer services to congress; analyzes the budget proposal of the office of management and budget; determines the economic consequences of legislation. Entitlements - A law that requires the paying of monetary benefits to some person or persons who meet the eligibility requirements established by the law; a binding obligation of the government (i.e. Social Security). General Accounting Office (GAO) - Checks to see that government spending is proper and reasonable; headed by the Comptroller General who is appointed by the President, with the senate's approval, for a 15 year term. Office of Management and Budget - An advisory body that prepares the national budget and reviews agency requests for congressional appropriations. The OMB prepares the national budget, supervises and controls the administration of the budget, and helps the President propose legislation dealing with the budget. In addition, the OMB assists in the preparation of proposed executive orders and keeps the President informed of all overall activities of the government. The Director of the OMB is appointed by the President with Senate approval. Reconciliation - A concurrent resolution, passed by both houses of Congress, that reconciles the specific amounts to be spend in the coming fiscal year with the overall budget ceiling. ---------- BIBLIOGRAPHY: _________________________________________________________________ American Government 93/94. Bruce Steinbrecker, Ed. The Dushkin Publishing Group, Inc. Guilford, CT. 1993. Congressional Pay and Perquisites. Mary Cohn, Ed. Congressional Quarterly Inc. Washington, D.C. 1992. Congressional Campaign Finances. Mary Cohn, Ed. Congressional Quarterly Inc. Washington, D.C. 1992. Democracy Owner's Manual. Kerry Powers, Ed. Vote U.S.A., Inc. 1994. Guide to Congress. Mary Cohn, Ed. Congressional Quarterly Inc. Washington, D.C. 1991. Makinson, Larry. The Price of Admission. The Center for Responsive Politics. Washington, D.C. 1993. Wilson, James. American Government. D.C. Health and Company. Lexington, MA 1989. Zuckerman, Edward. The Almanac of Federal PAC's: 1994-1995. Amward Publications Inc. Arlington, VA. 1994