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This article provides an in-depth look at the procedures and rules involved in the federal legislative process, focusing on the House of Representatives and the Senate. It also explores the rise of unorthodox legislation and how to reverse engineer around the filibuster. Additionally, it discusses strategies such as closed-door agreements, bundled deals, budget reconciliation, and delegation of authority to executive agencies. The article concludes by highlighting the unique approaches taken by states in the legislative process.
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Federal Legislative Process Overview Prof. Tracy Hester University of Houston Law Center Jan. 30, 2019
Breaking the Rules – the Rise of Unorthodox Legislation • How would you reverse engineer around the filibuster?
Breaking the Rules – the Rise of Unorthodox Legislation • Agree in advance behind closed doors • Bundled deals in large-scale omnibus legislation • “Statutized Rules” – budget reconciliation process, Congressional Review Act • Avoiding conference committees through referral tactics and language harmonization • Delegation of authority to executive (ie, agencies)
And never forget – states do it too, and do it their own way…
Questions? Professor Tracy Hester University of Houston Law Center tdheste2@central.uh.edu 713-743-1152 (office)