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Legislation
University of Dayton School of Law
Hallinan, Charles G.

Definitions

Enrolled bill rule: once passing two houses and signed by president, it is presumed that the bill meets procedural requirements and court will not entertain evidence that bill was enacted in manner not proper; as FACT.
Journal Entry rule: so long as journal reflects accurate procedures, court will not challenge an enrolled bill
Affirmative Contradiction rule: bill is valid unless journals affirmatively show a statement to the contrary
*Substantive limitations on legislative powers:

Single Subject Rule: Limit bill to one subject, purpose was to minimize logrolling
Rule Against Special Legislation: Law should be general rather than specific
Uniformity: Law should be uniform if possible
Public Purpose Rule: Law should be public in nature and not for private entity (interpret as if law is public)

Private Law: governs rights and duties of individuals and how they treat one another, developed by common law.
Public Law (Enacted Law): law defining the relationship between citizens and government; superior to private law (replaces common law by statute). Designed to solve broad social problems. Written by administrative agencies, legislatures.
Unanimous consent agreement: Senate equivalent of House Rules Committee establishing rules concerning the bill process
Referendum: methods of direct democracy allowing the populace to introduce.

Popular (voter): upon requisite signatures, a law already passed is subject to approval or rejection.
Legislative (submitted): allows the legislature to refer to the electorate for approval or disapproval; or advice.

Pocket veto: President doesn’t sign bill and Congress goes out of session, bill is dead through pocket veto
Cloture: if there is a filibuster, 2/3 vote of the house can stop the filibuster by supermajority vote
Joint Resolution: similar to a bill, not legally different, usually used to amend existing statutes or start investigation
Concurrent Resolution: legislation passed and signed by two houses, but not signed by President, therefore not new law but rather are 1) rules governing the conduct of both houses or 2) expressed sense of legislature on some matter (opinion)
Simple Resolution: governs the organization or procedure in one of the houses (house or senate resolutions)
House Rules Committee: committee that decides on whether to propose a rule for the bill, kind of rule, when it will be considered and how much time it will have for debate; it is an arm of the majority party (very powerful), determine what’s on the Calendar
Committee of the Whole: Committee chair leads the entire house.
Substitute Amendment: amendment offered while another amendment is being considered, may make changes to part of the proposed amendment
Amendment in the nature of a substitute: replaces the entire bill after the enacting clause and inserts entirely new text
Initiative: certain percentage of the electorate may petition to have a proposed statute or amendment to the state constitution put on the ballot for a vote of the electorate at large.

Direct: issue goes on ballet automatically after requisite signatures collected.
Indirect: collection of signatures, submission to legislature for approval or disapproval. Then placed on ballet next to legislative amendments.

Recall: certain % of the electorate, by petition, may force the continued service of an elected official to be put to vote
Mark up: committee drafting session when they redraft or amend the bill
Bill of

and factions could be channeled in “socially productive ways”
· Madison feared direct democracy b/c of could oppress minorities tyranny of the majority; also times of passions
· Greatest good for greatest number. -> Utilitarian
§ How do we regulate these factors? Answer: Checks and Balances and Separation of Powers.
§ A Filter: Faction -> Filter (law process) -> Public law (Federalism (marble/layer cake).
· Answer: Bicameral Legislature
§ Senate: long term, broader concept, more deliberative and stabilizing
· Would provide deliberation (thought).
§ House: short term, susceptible to factions, in touch w/ people.
· Represent people based on proportion and region, granting accountability and proportionality.
§ Vetogates; more ways to kill a bill than to enact it.
§ Liberal Theory suggests statutes should be hard to enact; assumes gov. Regulation is essential in our private market.
§ Republican Theory suggests deliberative value. Argues there is much concern about corruption, therefore a national structure would be easier to watch than local.
o Potential problems with these filters:
§ In times of inflamed passions, deceptions could be susceptible to factions; however, direct democracy was no protection of this.
· President
o Accountable (represents interest of) to entire nation
· Judiciary
o Intermediary between people and legislature
Check on other branches and Constitution (Judicial Review).