Unorthodox Lawmaking: New Legislative Processes in the US Congress

by Barbara Sinclair

There is the textbook "how-a-bill-becomes-a-law" diagram, and then there is the way that most major measures really wind their way through the contemporary Congress. Sinclair aptly calls this "unorthodox lawmaking," and gives students a much more realistic take on today’s legislative process.

Bills can follow a number of routes through they might be considered by several committees, or none; they could be subjected to non-germane amendments or filibustered on the Senate floor; or they may be governed by special rules individually tailored to facilitate or slow a bill’s progress. Whatever the unorthodox route, Sinclair describes the legislative process as it really operates, exploring the range of special procedures, practices, and the factors that have contributed to their emergence.

In this timely revision, she focuses especially on how partisan polarization has shaped the legislative process in recent years, with new case studies on the Bush tax cuts, the 2005 energy bill, and the 2003 Medicare/prescription drug bill. Always written with the narrative in mind and providing a unique perspective, Unorthodox Lawmaking introduces novice students to the intricacies of Congress. Sinclair also tackles the larger Does the use of new procedures and practices enhance or inhibit the likelihood of a bill becoming law? What other effects does unorthodox lawmaking have on how Congress functions? This important supplemental reading gives students the tools to assess the relative successes and limitations of the legislative process.

Genres: Politics, Nonfiction, History, Grad School, Read For School

287 pages, Paperback

First published January 1, 1997

Reviews

[lex⁷ · Rating 2 out of 5]

2.5 stars — good insight into how morally fucked up government has gotten because of party polarisation and partisan divides, but i had to write an essay on it so :/

[Meggs · Rating 5 out of 5]

Sinclair’s text is a marvelous overview of contemporary congressional procedures and roadblocks. She expertly explains how we have moved from the Schoolhouse Rock version of how a bill becomes a law to the current tactics employed by our lawmakers to enact public policy. Her case studies in particular (PPACA, the 2013 government shutdown and Ryan/Murray deal, and the 2015 controversy over the USA PATRIOT Act and the Freedom Act) are well chosen, well researched, and highly illustrative of the lawmaking phenomena that she chooses to highlight.

I’d highly recommend this book to anyone who wants to better understand the consequences of hyper-partisanship in our current legislative landscape or the U.S. congress as a formal institution of governance.

[Lauren · Rating 3 out of 5]

Dry, dense, and repetitive, but also thorough and one of the most comprehensive looks at the way the legislative process works in reality that you will ever find. Sinclair takes enormous pains to remain completely objective in her handling of the material. Though largely it helps the book, I would have enjoyed some suggestions at the end about trade-offs we might want to consider, though maybe Sinclair felt that would run counter to her thesis.

[Steven Peterson · Rating 4 out of 5]

An important work. Over time, the Congress of the United States has developed new approaches to structuring the legislative process. There are many barriers to getting things done, and the American legislative process has adapted to this state of affairs to some extent. Sinclair's book provides a good take on the changing processes.

[James Wilcox]

One of the most important and informative book about the lawmaking process I have read. Sinclair provides a detailed explanation of the rules used in the House of Representatives and in the Senate to consider, debate, amend, and eventually pass legislation. The case study on the passage of the Affordable Care Act is fascinating.

[Jill · Rating 4 out of 5]

If you want to understand the nuts and bolts of what's really going on in the House and Senate, you must read this book. It was a huge eye opener to me to see how Congress functions and I appreciated the completely neutral lens Sinclair provides. Highly recommended for this genre.

[Shane Cormier · Rating 1 out of 5]

This kind of lawmaking is horrible. I disliked this book but found it important to read so I can understand more what these liberals are up to. Very educational and any anti liberal should read this to get to know their frenemies better

[Gwen · Rating 5 out of 5]

The best book to understand the processes of the modern Congress.