In exercising the power of recognition, the speaker will, of course, give both the sides a fair opportunity to debate upon important measures. He will not permit members to make motions or lengthy speeches merely for the sake of delaying some action to which they are opposed. Such actions are called obstructive tactics, or filibustering.
The Lobby, Log-rolling, and Patronage.—Not all the bills that come before Congress are passed or rejected because they are wise or unwise. The influences that determine the course of legislation at Washington are very numerous and complicated. Some of these influences are to a greater or less extent legitimate, and others are totally bad. The lobby, in its broadest sense, is composed of all those persons who go to Washington in order to exert pressure upon Congressmen in favor of or against certain measures. Some of the best laws and some of the worst are enacted through the influence of the lobbyist. Log-rolling is an important influence in determining legislation; a member votes for the pet measure of his fellow Congressman on condition that the latter will vote for the bill in which he is particularly interested. Political patronage is a great factor in determining votes in Congress; the power of members to recommend appointments, and the influences exerted in their favor by the appointees, often determine the question of their continuance in office. Consequently, there is a great temptation to use patronage in exchange for votes. The use of money directly in bribery is difficult of detection, but other favors and privileges of money value are no less effective in the purchase of the votes of those members who are so unscrupulous as to be open to such influences.
Debate in Congress.—It is now apparent that many other things besides the arguments used in debate determine which bills shall pass and which shall fail. In the House the time for debate is strictly limited, on account of the amount of business. The chairman of the committee reporting a bill generally has one hour in which to urge the passage of his measure; for a portion of the time he may yield the floor to other members, both friends and opponents of the bill. Of course, much more than one hour is given to debate on important bills. Many of the speeches which are printed in the Congressional Record have not been delivered; but they are intended for circulation among the constituents of representatives, and for use as campaign documents. Many of the speeches that are actually delivered receive scant attention; the lack of interest in them is made evident by the noise and confusion that very often prevail during sessions of the House.
Senate Procedure.—In the Senate debate is not limited. Senators are expected to regard each other's rights with respect to the amount of time and attention they may demand; yet a bill may be "talked to death" in the Senate. As a result, the Senate is less business-like in its procedure than the House, and some means of checking unlimited discussion have often been proposed for it.
Conference Committees.—A bill which has passed one house must be sent to the other. Here it is introduced and goes through the stages above described. If one house amends a bill which has already passed the other, it must be returned for re-passage to the house where it originated. This is a frequent cause of conflict between the two houses, and each tries to insist on its rights.
When such a dispute cannot be easily adjusted, a conference committee must be appointed. This is composed of members from each house, and they endeavor to arrange a compromise which will be acceptable to both houses. Generally their decision is ratified without question, but sometimes even this method of settlement fails.
Methods of Voting.—There are three methods of voting in Congress. (1) Members respond "aye" or "no" by acclamation. (2) If a division is called for, a rising vote is taken and the members are counted. In the House the counting is done by two tellers, who stand near the speaker's desk, while the members pass between them in single file, first those voting in the affirmative, and afterward those opposing the motion. (3) When the "yeas and nays" are called for, or whenever the rules of either house require them, the roll is called and each member votes as he responds to his name. This vote is entered on the Journal.
After the roll-call is completed, the presiding officer announces the pairs. Members who belong to different political parties may agree that they shall be recorded on opposite sides of party questions, whether they are present or not. Or pairs may be arranged for particular votes only. This device enables a member to be absent from his seat without feeling that his vote is needed.
The President's Power in Law-Making.—A bill which has received a majority vote in both houses is next sent to the President.
Article 1, Section 7, Clause 2. Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.