Tracing the Legislative Process

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Feb 20, 2024

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HISTORICAL CONTEXT If you were a member of Congress in 2001, how would you have responded to the 9/11 attacks on the World Trade Center and Pentagon? If I was a member of Congress in 2001, I would have reacted to the 9/11 atrocities by talking to the people I represent, listening to their suggestions for preventing future terrorist attacks, and listening to any and all concerns they raise (most likely about safety and security). What power(s) does the Constitution give Congress regarding national security threats? Both Congress and the President of the United States have considerable national security powers under the Constitution. In addition, the Constitution gives Congress sole authority to pass legislation and declare war, as well as the power to confirm or reject many presidential nominations and conduct extensive investigations. What do you think constitutes a “heinous” or atrocious act? A "heinous" or terrible conduct is defined as a crime committed out of hatred, wickedness, viciousness, atrocity, perversity, or grief, and is repugnant and offensive to the ordinary standards and norms of decency and morality in a just, civilized, and regulated society. What do you think are some of the most heinous acts in world history? President Lincoln's assassination, the Saint Valentine's Day Massacre, the Lindbergh infant kidnapping, President John F. Kennedy's killing, Martin Luther King Jr.'s assassination, and the 9/11 assaults on the World Trade Center and Pentagon are among the most atrocious atrocities in world history. Do you agree with Mayor Rudy Giuliani’s assessment that the 9/11 attacks on the World Trade Center and Pentagon are one of the “most heinous acts” in world history? Explain your answer. Yes, I agree with Mayor Rudy that the assaults on the World Trade Center and the Pentagon on September 11, 2001, were among the "most horrific acts" in world history since those responsible carried out the strikes out of hatred, killing over 3,000 people. These activities are horrible because they are shocking and entirely unaccepted by conventional standards of human decency and morality. Would you consider these attacks an act of war? Why or why not? If so, who is the war against? Why did President George W. Bush refer to the party responsible for the 9/11 attacks as a “faceless coward”? Because the perpetrators of the 9/11 attacks refused to come forward and accept responsibility for their deeds, President George W. Bush referred to them as a "faceless coward." Because the perpetrators of the 9/11 attacks were still unknown and unnamed at the time, President Bush gave them his own name.

What constitutional powers did President Bush use to do “whatever [was] necessary to protect America and Americans”? President Bush used constitutional authorities to command the military forces, seek the written opinion of his cabinet, receive ambassadors, sign legislation, and convene Congress in order to do "everything [was] necessary to preserve America and Americans." What role did the President’s cabinet play in executing domestic and foreign policy? George W. Bush's cabinet advised him on all major issues and oversaw the Executive Branch of our government's ministries. Define bipartisanship. Bipartisanship is a form of cooperation or agreement between two political parties that usually oppose each other's agendas. How was this gathering of Congress an example of bipartisanship? The members of Congress, regardless of political party, came together in solidarity to avenge those who were wronged in the 9/11 atrocities, demonstrating bipartisanship. PROPOSING THE LEGISLATURE Although only members of the House and the Senate can introduce legislation, who can propose legislation to Congress? The president can propose legislation to Congress. Which federal department proposed anti-terrorism legislation to Congress? The President and the Department of Justice offered anti-terrorism legislation to Congress together, but Senators Lieberman and McCain drafted it. Define civil liberties. List examples. Individual rights protected by law from unfair governmental or other intervention are known as civil liberties. Freedom of religion, freedom of expression, freedom of the press, and the assurance of a fair and impartial trial are only a few examples. Are you willing to give up individual liberties in the interest of public safety? Yes, I am willing to give up personal freedoms for the sake of public safety. What is the purpose of a standing committee? A standing committee's job is to think about and recommend actions and policies in the functional areas within their purview.

Why is the Attorney General proposing anti-terrorism legislation to the House Judiciary Committee? The Attorney General is presenting anti-terrorism legislation to the House Judiciary Committee in the hopes of passing legislation that will provide the Department of Justice, as well as our intelligence community, with much-needed crime-fighting capabilities. Why does Representative Sensenbrenner consider the anti-terrorism legislation proposal bipartisan? Because the bill's passage requires agreement from both political parties (democrats and republicans), who have generally opposed each other's agendas. How does Representative Sensenbrenner view the anti-terrorism legislation proposal? Representative Sensenbrenner claims that the anti-terrorism legislative plan is unquestionably needed. That is, he sees it as a need and believes it is essential to our national security. Why does Representative Sensenbrenner share the plan for hearing testimonies? Representative Sensenbrenner communicates the schedule for hearing testimonies with members of the House Judiciary Committee so that they can plan ahead of time and know what to expect for the day. Why do the participants take an oath before providing testimony to the committee? Before giving testimony to the committee, participants take an oath to signify that they are publicly accountable for the duties, responsibilities, and obligations that come with holding public office posts. Using the video content, describe a power(s) used by the chairman of the Judiciary Committee Before a hearing or a legislative proposal, the Chairman of the Judiciary Committee has the authority to make an opening statement. In addition, the Chairman of the House Judiciary Committee has the authority to hold hearings and provide their own opinions on proposed legislation. How did Attorney General Ashcroft define the new threat of terrorism? Expert-organized, well-coordinated, and well-funded organizations and networks are engaged in this effort. They work across borders to further their ideological goals, benefiting from the shelter and protection of like-minded regimes, unafraid of criminal repercussions, and willing to sacrifice the lives of their members in order to take the lives of innocent inhabitants of free nations. Why do you think Attorney General Ashcroft emphasized the importance of preserving civil liberties in his testimony? In his testimony, Attorney General Ashcroft highlighted the significance of safeguarding civil liberties in an attempt to reassure the American people that, while their civil liberties and

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personal rights were in jeopardy, they would not be infringed upon or taken away. Furthermore, Ashcroft claimed that if we lose our liberties, we have failed miserably. What were the two problems Attorney General Ashcroft saw with the current statutes? 1. Our laws fail to make defeating terrorism a national priority. 2. Technology has dramatically outpaced our statues. What were the five objectives Attorney General Ashcroft addressed in the anti-terrorism legislation proposal? 1. Our intelligence collecting agencies' ability to gather the information needed to disrupt, weaken, and remove terrorist organizations' infrastructure must be reinforced and streamlined. 2. In our criminal justice system, we must make combating terrorism a national priority. 3. We want the Immigration and Naturalization Service to have the authority to detain or remove suspected alien terrorists from our country. 4. To detect and disrupt terrorist networks, law enforcement must be able to follow the money. 5. We want the President of the United States and the Department of Justice to be able to provide immediate emergency relief to the people of the United States. Why did the Attorney General propose anti-terrorism legislation to the Senate Judiciary Committee? The Attorney General proposed this legislation because he wanted to prevent more terrorism from happening and wanted to bring terrorists to justice. What is a “sunset” provision in legislation? In public policy, a sunset provision or sunset clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law. Why did Senator Feinstein want to put a “sunset” provision on certain sections of the anti- terrorism legislation? Senator Feinstein wanted to do this because some there was some controversial parts. What was Attorney General Ashcroft’s response to the senator’s suggestion? Ashcroft understood the Senators idea for trying to create a sense of balance. He said that if he thought the risk of terrorism was going to sunset in several years, he would be glad to say we have a sunset provision. Therefore, Ashcroft doesn’t believe that having a sunset provision is the answer here. He believes that that committee and other aspects of the U.S. Congress should exercise their responsibilities. How did Attorney General Ashcroft propose to detain suspected terrorists? The proposal amends current law to encourage investigation and prosecution prior to successful completion of a devastating terrorist attack.

Why did Attorney General Ashcroft suggest clarification on this section of the proposal? Attorney General Ashcroft suggest clarification because he wanted to make sure that he got his intentions across correctly and clearly and didn’t want people to think he had different intentions. He also doesn’t want the proposed law to have an effect that he didn’t intend for. INTRODUCTION Describe the major actions taken by both houses of Congress on the USA PATRIOT bill up to the introduction of HR 3162. This legislation was the result of bipartisan consultation review. A version of that legislation was passed by the House Judiciary Committee, 36-0. The house then passed HR 2975 by a vote of 337 to 79. The House and Senate Judiciary Committee began a process to reconcile the differences between the House and Senate bills. This bill was the result of that process and was completed despite the closure of house and senate offices due to the anthrax attack on the capital. What compromises were made between the House and Senate to draft HR 3162? The compromise legislation allowed Attorney General to delegate only to the deputy of Attorney General the ability to certify an alien as a terrorist. The House version of this bill contained this provision, but the Senate one did not. The compromise requires the Attorney General to revisit every 6 months the detention of an alien who has been certified as an alien terrorist. Originally the house bill had important humanitarian relief, but the Senate bill didn’t have that. COMMITTEE ACTION Why do you think the bill was referred to each of these committees? This bill about disaster relief was included because after the terrorist attack that took place, those affect by that attack, needed relief help. It helped to provide in aid in those affected. It was used in the committees to show that the Patriot Act would help prevent future attacks where disaster relief would be needed. FLOOR ACTION Why did Representative LaHood vote in favor of the new bill? He believed that the money laundering provisions of the bill are a great addition and enhanced the ability of law enforcement to do what they need to do. He also said that the provision of sunset is a good provision. What is the role of the House Committee on Rules?

The House Rules Committee considers all bills reported from policy and fiscal committees and determines whether, and in what order, to schedule their consideration on the floor of the House. The Rules Committee also reviews, adopts and schedules consideration of floor resolutions. What is meant by “closed rule’? A closed rule effectively eliminates the opportunity to consider amendments, other than those reported by the committee reporting the bill. Why was Representative Frank disappointed in the legislative procedures established for the USA PATRIOT Act? Representative Frank mentioned that the chair of the committee, John Wisconsin, has fought hard for a fair chance for the members to look at things. On the whole, Representative Frank believes that John Wisconsin’s efforts have not been honored. Why did Representative Sensenbrenner think the new bill was stronger than the original? Representative Sensenbrenner believed this since they were able to get a shorter sunset and were able to include money laundering provisions, which were not in the bill due to jurisdictional problems. Why did Representative Sensenbrenner think a conference committee was not necessary? He believes this because the issues debated in the conference were debated in the participants he mentioned. He also believes this because of the urgency to get the bill done. He believes that if there is a conference committee, it will take longer for the bill to get done. VOTING IN THE HOUSE Describe the voting process in the House. In the House, there are four forms of votes: voice vote, division vote, yea and nay vote, and recorded vote. In the Committee of the Whole, where much of the chamber’s business is conducted, the forms are voice vote, division vote, and recorded vote. Members may vote in the House. Members, Delegates, and the Resident Commissioner may vote in the Committee of the Whole. If the bill passes in the House, what is the next step? The motion to reconsider gets laid on the table first. It then gets passed to the Senate.

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FLOOR ACTION IN THE SENATE What were Senator Feingold’s objections to the bill? One objection is the change in some criminal procedures. It allows law enforcement to search houses and offices without notifying the owner, which goes against the amendment about issuing a warrant. This is an infringement on personal liberty. Another objection is the effort to combat computer crimes. Another objection is one that permits the government under FIFSA to compel the production of records from any business regarding any person, if that important is sought in connection with investigation of terrorism. What were Senator Hatch’s rebuttals to Senator Feingold’s objections? One rebuttal from Hatch was about Feingold’s sneak and peek warrants. Hatch claims that these warrants are already used throughout the United States for years. Hatch says the bill clarifies the practice and makes it certain that only a federal court can authorize such a warrant. VOTING IN THE SENATE How is voting in the Senate different than the House? In the house, voting is based n a majority rules. This is how the voting is because it was motivated by the desire to allow legislation to be enacted quicky. In the Senate, they are empowered to approve treaties proposed by the president by a two-thirds majority vote. What happens after the same bill passes both the House and Senate without any changes? If the same bill passes through the House and the Senate, it is then sent to the President. PRESIDENT SIGNS THE BILL INTO LAW What happens after the President signs a bill into a law? After the President signs a bill into a law, the bill is official and is then it is assigned a law number. How does this step in the legislative process show the system of checks and balances? T h e system of checks and balances in government was developed to ensure that no one branch of government would become too powerful. How could the third branch of government check this law? The judicial branch can check this law to make sure that it doesn’t include any unconstitutional acts.

Tracing the Legislative Process

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