The American Legislative Process - Dissertation Example

 The American Legislative Process Abstract The general legislative powers in the United States of America are vested in the national Congress which covers the law-making process of the federal government and in the congresses of the individual states which are responsible for the enactment of statutes needed by the respective constituencies that particularly apply to each jurisdiction. The book for review, The American Legislative Process, outlines, comments on and criticizes these institutions and the functions, limitations and significant characteristics of the same. The lawmaking agency and the lawmakers The book is titled THE AMERICAN LEGISLATIVE PROCESS and sub-titled CONGRESS AND THE STATES. The opening chapter explains extensively the role of the legislature in general. It discusses how this arm of government functions with the other branches of the bureaucracy in accordance with the constitution, the laws and the unique traditions of the territory or state where it is based. While it is apparent that the authors are well conversant of the political structures of government particularly concerning parliamentary matters, it is opined that it was not very accurate to state that the legislature is required in complex social systems as if to say that simple ones do not so need. Lawmaking has been around since during the ancient Egyptian times when there was already a form of civil code. (History of Law. Law. Wikipedia. [internet]). During that period, the organization of government was yet simple and governance was not much of a complication. The point of this criticism is that lawmaking has always to be present in any jurisdiction, simple or complex and big or small, for the purpose of putting order in the community of people who should act according to reasonable standards which the statutes provide and which must have been conscientiously and wisely deliberated upon with great prudence by the legislators for the common good and welfare. It was also stated in the early segment of the book that power and responsibility have to be shared by the legislature with the administrators, the tribunals, the government workforce, the political parties and the public. However, in mentioning the public, the authors seem to stress that it is only true in some cases. This review finds that observation to be seriously wrong and deplorably misplaced as amounting to a misrepresentation. The masses of today are already vigilant of their rights. And that watchdog mentality includes public scrutiny of how legislations affect the constituents and how well are they represented by the lawmakers. Senators and congressmen cannot just simply disregard public opinion particularly if they still continue wishing to seek office via the electoral vote. The idea and principle of people empowerment are now widespread, from the people power that took place in the Philippines about twenty years ago for a peaceful revolution, (Rosenblatt, Roger. People Power: The Philippines. March 10, 1986. TIME IN PARTNERSHIP WITH CNN. [internet]), to the lavish outpouring of love and adoration to the royal Diana as the People’s Princess, (Kannampilly, Ammu. London Remembers 'the People's Princess'. August 31, 2007. abc NEWS International. [internet]), to the now widespread use of town hall meetings in the United States, (Monigan, Thomas J.. Register to attend Economic Stimulus Bill town hall meeting. February 23, 2009. nwfdailynews.com. [internet]), and to so many others of similar impact coming from the force of public rage or of public sympathy. What is being strongly advanced here is that the voice and strength of the people are now such supreme as can no longer be underrated. A lengthy discussion is had on the inter-connection, inter-relation and inter-action of the legislature and the inherent characteristics of legislation with the other surrounding influences and circumstances. It is correctly noted in the book that the legislature thrives around a bigger political arena where it has to adjust or to be hostile. The executive officialdom helps shape the bills that will eventually become laws, and subsequently implements the enacted pieces of legislation presumably for the well being and betterment of the people, the supposed ultimate beneficiaries. Upon the other hand, the courts interpret the laws in instances where there are disputes or controversies in execution. Tribunals and judges sometimes tell all and sundry that this or that law is unconstitutional or this or that law is against public interest and declare the statute null and void. The book proceeds to argue on the dismay over the lawmaking branch including the Congress of the United States of America. It expresses the view that the independence of legislative agencies have diminished and have become highly questionable. There is the accusation of lawmakers not being responsive to the needs of the time. While the possible sources of the facts and information gathered for insertion in the book may be impressive, the matter of personal shortcomings was not taken up probably to avoid embarrassment and to make the work as professional and objective as possible. But whether one likes it or not, individual mischief affects the august halls of congress which suffers when the public makes a parallel. So many American legislators had been involved in sex scandals which give a bad image not only to the person but, no one can help it, also to the institution. Republican Senator David Vitter, Larry Craig, Sen. John Ensign, John Edwards and many others are or were so involved. While broad and open minded people will not care about these adulterous whims, media sometimes exaggerate to the extent that the constituents get carried away. As regards congressmen and senators not being effective, sometimes this mis-impression is attributed to developments through no fault of the lawmakers. The credit crash and the health care hullaballoo were not creations of the legislators. But any comment on the subjects which reflect negatively to the public becomes a nightmare to the poor senator or representative. The authors emphasized on alleged public sentiments against wrong apportionment of representations. While this may be so in actual situation, the perception is that this is a system deficiency and not a matter of personal misjudgment among the lawmakers. At best, this has to be a significant item in a partial constitutional overhaul. In consolation, however, the book makes mention of United States Supreme Court rulings on the issue which have somewhat died down the gravity of public concern. Chapter 2 is in large part a repetition of the first chapter. It talks about the balance of powers, the branches of government, the political structures and influences and the other circumstances that connect or link to legislature and legislation. White it may be admitted that Chapter 2 is a very good material for lower level college students in the subject of government and governance, it can be a bore even to young professionals. For instance, it is basic for a fresh graduate from college to know that the President is the executive who implements the law, that Congress is the one that makes the laws, and that the Supreme Court is the one that interprets the statute in order to determine exactly the import and spirit of the law in question. As can be read between the lines, the Executive prepares the budget, passes it on to Congress which approves it subject to the signing or veto power of the President as the case may be. In the succeeding chapter, the book deals with the system of representation and apportionment thereof. Well presented and well written, it also enumerates the concerns of the legislators as the representative of their constituents in the halls of congress. It may be pointed, however, that the chapter is some kind of inconsistent with Chapter 1 which seems to downgrade the participation of the public in the legislative process of power sharing. Nevertheless, the well crafted Chapter 3 is able to exhibit a very organized discussion of matters that pertain to the people of the United States being proportionately and therefore fairly represented in the policy making mechanisms of the government. The process of electing the legislators comes next in Chapter 4. Here, the authors meticulously detail the tedious process of choosing the legislators. In a way, what are actually laid down in this part of the book are the classic elements of a true democracy inspired by the meaning of freedom and liberty. The methodology starts from the person being first recruited by the party join as a member, to being a participant in the nomination process, and up to ultimately confronting the other final candidates for the parliamentary position. The considerations or factors being taken into account by the political party in asking prospective party mates and candidates to join the flock depend on the fundamental principles, visions and stated missions which that political group embraces, adopts and propagates. These are all well explained in the chapter. While being frowned upon, it cannot be avoided that race, religion and ethnic or national variables come into play in the selection process. As to whether the position contested is that in the national or federal level or in the state level is sometimes the former being treated as having more importance or significance. Hence, for example, a more experienced candidate may be sourced for the federal position and a lesser one for the slot in the state. That seems to be the only dividing line. Be that as it may, it should have been emphasized that for as long as the qualifications set forth under the Constitution of the United States of America are satisfied by the candidate, there is no hindrance for him or her to run. In Chapter 5, the authors discuss the qualities and idiosyncrasies of the usual and regular legislator. These include family background, ideological leanings, professional credentials, religious orientation and other ways of measure. While the chapter appears to have been well researched, it has failed to mention political dynasties, families seemingly making politics one of business, the ugly face of lobbying, subtle graft and corruption, and the other undesirable attributes of American politics. As a matter of fact, even if the Kennedy clan is well endeared to the American people, there are occasions that it is actually a picture of politics as a family business. (Shribman, David. American politics, the family business. August 27, 2009. THE GLOBE AND MAIL. [internet]) The so-called committee system is written about in the book to apprise the reader how the organization of legislatures is set up. It may be noted though that this is a matter of simple logic in judgment on how to divide the house, so to speak. May be it presumed, for example, that a state has finance, military, educational, health and land development concerns as major issues in the local scene. Necessarily and as a logical step, the state legislature must form within the committees of finance, military, education, health and land development so that each key aspect in the jurisdiction or territory is properly addressed. Hence, the committee on finance has to pass laws that, say, enhance internal controls in the monetary and fiscal system of the state, and so on and so forth. At any rate, the chapter has served well its purpose. A congressional or senate committee has to conduct hearings appurtenant to matters pending before it which are necessarily in connection with its creation. To illustrate, the committee on budget has to conduct hearings about how much was budgeted for last year, how much was actually spent last year, and how much is to be budgeted for the current year which is the subject of the inquiry and which is to be recommended for approval by the committee to the whole body or the plenary. There are also hearings which are conducted in aid of legislation. In a recent incident which happened in the White House, a couple allegedly gate crashed into the first State Dinner hosted by President Barack Obama. The duo and White House social secretary Desiree Rogers were invited to a hearing by the Homeland Security Committee of the United States House of Representatives.(US' White House gate crashers boycott Congress invite. December 4, 2009. AOL News. [internet] Accessed December 9, 2009. Available at: ). Why was that so? If the news story is to be plainly looked at, that was simple gossip item. It was not. It was probably in aid of legislation, that is, to study what possible law has to be enacted anent homeland security such as to further enhance the protection and safety of the chief executive of the land. Chapter 8 of the book discusses in full the parliamentary rules and procedures during proceedings in the committees. These processes include debates where the proponent of a bill is being questioned by the interpellator, a legislator himself, if he believes that he needs to be enlightened about the merits and disadvantages of a sponsored bill. As a matter of course, there are instances wherein debates are being used for grandstanding or for gaining media mileage. How policies become bills and how bills are sponsored to become laws are matters which Chapters 9 and 10 deal with. The authors narrate very well in such meticulous manner how parties influence the introduction of bills and the deliberations thereon, the poignant and sometimes emotional debates on the whys and wherefores of the proposed law and all other things related to the final enactment or passage. Lobbyists and interest groups are also mentioned particularly on what role they play in the parliamentary calisthenics. Curiously, there is no direct reference to discreet briberies committed by lobbyists when, in truth and in fact, this now regularly happens. Why party mates sometimes cross the lines is likewise well explained. The influence of the American President over legislative matters is quite formidable albeit not absolute. Especially when claiming that the pending legislation he desires to be passed is for the good of the American people and under such arguments as he may propound on, the chief executive almost always goes out of his way to see to it that he succeeds in getting the law approved and what is left to be done remains in his hands when he signs the legislative piece to stamp his imprimatur. Ideally, if both the House of Representatives and the United States Senate are composed of members of the political party to which the President also belongs, there will be not much hitches in obtaining majority approval of the bills which the President sometimes certifies as urgent or very important to be passed into law. However, as is usually the case, if the White House has no control of the numbers in one or both houses, that is where the drawback comes in, that is, there can be some delay in the passage of important sponsorships. As a matter of fact, there are instances when the bill does not get approved at all. In the same manner, if the opposing party wishes to have a legislation approved in Congress but the President does not fully subscribe to the wisdom of the supposed law, he may, on good reasons that have to be shown, exercise his veto power or his authority to block the purported law from being passed. One recent example of this was when the President George W. Bush vetoed the embryo stem cell bill allegedly on moral grounds. He exercised that power of veto for the first time in his eight year tenure in the White House. (Bush vetoes embryonic stem-cell bill. POLITICS. September 25, 2006. CNN.com. [internet].) The President of the United States of America is actually also the chief legislator precisely because he is the one who finally signs the bill or the passage into a full fledge law. Here, the democratic principle of check and balance is in action. It has to be also observed that the process of a bill being first deliberated and debated upon in the House of Representatives but to be further deliberated and debated upon again in the United States Senate is also one of check and balance. Again, under the auspices of the check and balance character in the American legislative framework, Congress has the power to oversee the bureaucracy. One good example of this prerogative is that which concerns the budgets of the different departments under the executive branch, that is, under the Office of the President of the United States of America. A departmental budget is, as a matter of course, being prepared by the concerned department. For instance, the justice department has to prepare its own budget. After the preparation stage is done, the budget will have to be submitted to Congress for approval. In the course of going over of the budget so submitted for approval, Congress may inquire into the propriety of the spending measures and practices of the justice department especially for the year that just passed. Through this oversight power, Congress can check if the concerned executive agency did well in running and managing its bureaucracy in a prudent manner and, thus, within the budget. There are several other aspects of the oversight powers of Congress which were not mentioned in the book. Hearings that Congress conducts in aid of its legislative options may also be considered as part of its oversight powers because it can inquire into certain activities of any department of the executive and even sometimes of the judiciary if the inquiry can assist the legislators in making better laws. The legislative and judicial branches of government are being compared in Chapter 13 of the Book. The authors set forth the fundamentals of the principle of separation of powers as regards the two branches. Basically, the connection between the lawmaking body and the judicial agency is that, as already discussed earlier, the courts interpret the laws which the legislators enacted in instances where there is non-disagreement over how to construe the law. However, it is important to point out that the Justices of the Supreme Court of the United States of America have to be confirmed by Congress after they are appointed by the President. This is another demonstration of the check and balance feature of American democracy as enshrined in its constitution. Chapter 14 is the concluding summary of the book. In essence, it outlines the possible areas for reform in the legislative branch of government of the United States of America, both in the national or federal Congress of the United States as well as in the legislature of the individual states, numbering fifty in all. It likewise summarizes the problems of the legislature and of American legislation itself. There is no question that the book was well prepared, studied and research. The manner of presentation and the efforts to meticulously organize the contents are evident in the work and the authors deserve the corresponding credit. Except for the few criticisms noted in this review including those on matters which must have been incorporated but which were not, the general content is highly commendable. Works Cited Bush vetoes embryonic stem-cell bill. POLITICS. September 25, 2006. CNN.com. [internet]. Accessed December 9, 2009. Available at: History of Law. Law. Wikipedia. [internet] Accessed December 9, 2009. Available at: Kannampilly, Ammu. London Remembers 'the People's Princess'. August 31, 2007. abc NEWS International. [internet] Accessed December 29, 2009. Available at: Monigan, Thomas J.. Register to attend Economic Stimulus Bill town hall meeting. February 23, 2009. nwfdailynews.com. [internet] Accessed December 9, 2009. Available at: Rosenblatt, Roger. People Power: The Philippines. March 10, 1986. TIME IN PARTNERSHIP WITH CNN. [internet] Accessed December 9, 2009. Available at: Shribman, David. American politics, the family business. August 27, 2009. THE GLOBE AND MAIL. [internet] Accessed December 9, 2009. Available at: US' White House gate crashers boycott Congress invite. December 4, 2009. AOL News. [internet] Accessed December 9, 2009. Available at: http://www.aol.in/news-story/US-White-House-gate-crashers-boycott-Congress-invite/693833 Read More