Legislative process - comparison

• Initiating a Bill

  US: A Bill can originate from any Congressperson, and can be brought to the floor in either house

  UK: A Bill can be proposed by either an MP or a Lord, but Bills are first brought before the Commons. Usually this is by a minister as part of the government's legislative agenda can be done by any MP in the case of a Private Members Bill
• Committees and scrutiny:

  US: In the US, the Committee stage is more extensive:

  There are sub-committees and full committee, in between the two readings of a bill

  
  

  UK: The Committee stage occurs at the end of the second reading: Committee membership is less desirable, as pork barrelling is less of a relevant phenomenon
• Federalism

  US: Independent State Legislatures: and the sovereign power of states means that laws can be passed at the federal level. These have the same status as federal law, in line with the Constitution and Supreme Court rulings

  UK: The UK does not have a federal system but the devolved assemblies do have substantial law making powers

  In particular, Scotland after the 2016 Scotland Act

   Principle of Parliamentary Democracy means that laws can be overridden at any time by Parliament (1911 Parliament Act.)
• Executive

  US:Role of the President is constitutionally defined

  Clear separation of powers: enumerated powers set out in Article 2, limit President to veto, and signing bills into law 

  The President has other legislative powers, for example executive orders

  
  

  UK: Role of the PM is not constitutionally defined

  Clear fusion of powers: Prime Minister and minister vote on bills in the same way as other MPs

  Prime Minister has substantial prerogative powers, for instance declaring war
• Whips/lobbying

  US: Party discipline is limited in the US

  There is a House majority speaker for both parties, there is a great deal of factionalism within the Republicans and the Democrats (not 2 parties but 100), there is a great deal of pork barreling

  UK:Power of the whips is far stronger, three line whip can be used to ensure votes on a certain policy
• Supreme Court

  US: In the US the Supreme Court has ultimate constitutional authority (established in the case of Marbury vs Madison 1803)

  This means that the legislative process is not necessarily complete once a bill becomes an Act, because any Act can be struck down as unconstitutional, in line with Judicial Review

  UK: In the UK, the Supreme Court has merely advisory powers and no authority to overturn an Act of Parliament due to the principle of Parliamentary sovereignty.
• Pork Barreling example:

  • Alaska's proposed Gravina Island bridge - 2005
  • $400 mill for a town with a population of 50
  • Senator Ted Stevens