In the US, the process of a bill becoming a law involves several stages, including introduction, committee review, voting, and approval by the President. During this journey, a rider, or an additional provision, may be attached to the bill. Riders are amendments that may or may not be relevant to the subject matter of the bill and are often used to advance controversial measures or kill legislation. While riders can be a tool for members of Congress to include specific provisions, they can also constrain the veto power of the executive and create challenges in the lawmaking process.
Characteristics | Values |
---|---|
Definition | An additional provision added to a bill or other measure under consideration by a legislature |
Relation to main bill | May or may not have much, if any, connection with the subject matter of the bill |
Relation to logrolling | Some scholars identify riders as a specific form of logrolling, or as implicit logrolling; others distinguish riders from logrolling |
Use in legislatures with a single-subject rule | Not permitted |
Use in the US Congress | A traditional method for members of Congress to advance controversial measures without building coalitions specifically in support of them |
Use in the US Congress since the 1980s | More common in omnibus bills |
Use by members of Congress | To attempt to kill a piece of legislation |
Use in state-level legislation | Exists |
Use in France | The Constitutional Council has taken an increasingly hard view against riders, which it considers unconstitutional and contrary to the rules of procedure of the parliamentary assemblies |
Use in Greece | Forbidden by constitutional provisions regarding parliamentary procedure |
Use in the UK | Prevented by the existence of the long title of a bill that describes the full purpose of the bill |
Use in the Czech Republic | Violates the principle of transparent governance |
Use in the Philippines | Prohibited by the Constitution |
What You'll Learn
- Riders are amendments to legislation that may be unrelated to the bill's subject matter
- Riders are often used to kill a bill or introduce unpopular provisions
- Riders are not allowed in legislatures bound by a single-subject rule
- Riders are used to constrain the veto power of the executive
- Riders are used to focus attention away from controversial items
Riders are amendments to legislation that may be unrelated to the bill's subject matter
In the US, the process of a bill becoming a law involves several stages, including introduction, committee action, placement on the calendar, debate, voting, and review by the President. During the debate stage, amendments to the bill may be proposed. Riders are a type of amendment to a bill that may be unrelated to the subject matter of the bill.
Riders are often attached to "must-pass" bills, such as appropriation bills, that are considered necessary and are likely to be passed. This tactic is used to advance controversial measures without building specific coalitions in support of them. Riders are also used to kill a piece of legislation by distracting from the original bill with unrelated and unpopular provisions. For example, a rider to stop net neutrality was attached to a bill relating to military and veteran construction projects.
The use of riders is not permitted in legislatures bound by a single-subject rule. The US Constitution does not include such a rule, and the custom of using riders constrains the veto power of the executive. The President must either accept the riders or reject the entire bill. To counteract this, 43 out of 50 US states have provisions in their constitutions allowing the use of line-item vetoes, which enable the executive to veto single objectionable items within a bill without affecting the main purpose of the bill.
The practice of attaching riders to bills is not unique to the US. For example, in the Czech Republic, this practice is known as "wild riders", and it is considered a violation of the principle of transparent governance.
The Law-Making Process: A Simple Guide for Kids
You may want to see also
Riders are often used to kill a bill or introduce unpopular provisions
In the US, riders are additional provisions added to a bill, which may have little to no connection with the subject matter of the bill. They are often used to advance controversial measures without building specific coalitions in support of them. Riders are typically used as a tactic to gain the enactment of a controversial bill that would probably not pass if introduced on its own.
Riders are also used to kill a bill or introduce unpopular provisions. Riders known as "wrecking" or "poison pill" bills are used to prevent the passage of the parent bill or to ensure its veto by the president. They are often attached to major spending or "appropriations" bills, as the defeat, veto, or delay of these bills could lead to a temporary government shutdown.
An example of a controversial rider is the REAL ID Act, which was attached to a bill titled the "Emergency, Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief". This bill allocated money to pay troops and fund the war on terror, and few voted against it. The rider required the creation of a national personal identification registry, something most Americans have always opposed. When introduced on its own, the REAL ID Act garnered so little support that it was never brought to a vote.
Another example of a rider used to introduce an unpopular provision is the Hyde Amendment, which has been attached to Appropriation Bills since 1976 to prevent Medicaid from paying for most abortions.
Rear-Facing Car Seats: A Mandatory Safety Law for Children
You may want to see also
Riders are not allowed in legislatures bound by a single-subject rule
Riders are additional provisions added to a bill that may or may not be related to the subject matter of the bill. They are often used to introduce controversial measures without building specific coalitions in their support. Riders are not permitted in legislatures bound by a single-subject rule, which exists to avoid complexity in acts and prevent legislators from attaching an unpopular provision to a popular and unrelated bill.
The single-subject rule is a rule in the constitutional law of some jurisdictions that states that legislation may deal with only one main issue. This rule exists in 43 state constitutions in the United States, with 41 states applying the rule to all legislation. The remaining two states, Mississippi and Arkansas, apply the rule only to appropriations bills.
In the US Congress, riders are often used to kill a piece of legislation. However, omnibus bills, which contain provisions on a range of policy areas, are becoming more common. These bills are powerful for focusing attention away from controversial items to other main items that are viewed as necessary or "must-pass" measures.
In the House of Representatives, amendments must be germane to the subject of a bill—no riders are allowed. However, in the Senate, debate is unlimited unless cloture is invoked, and amendments need not be germane, so riders are often offered.
Congress Adjournment: Did Bills Make the Cut?
You may want to see also
Riders are used to constrain the veto power of the executive
In the US, the president has the power to veto a bill, sending it back to Congress with a note listing their reasons. Congress can then attempt to override the veto by a two-thirds majority vote in both chambers. Riders are additional provisions added to a bill, which may have little to no connection with the subject matter of the bill. They are used to constrain the veto power of the executive by forcing the president to either accept the riders or reject the entire bill.
Riders are often used to advance controversial measures without building specific coalitions in support of them. This is because legislators will accept measures they might otherwise oppose in order to pass the overall bill. Since the 1980s, omnibus bills have become more common, which are used to focus attention on broadly-supported items and away from controversial items. Riders are also used to kill legislation, by attaching an unpopular provision to a bill.
The Line Item Veto Act of 1996 was passed to allow the president to veto single objectionable items within bills, but this was struck down as unconstitutional by the Supreme Court. To counteract riders, 43 of the 50 US states have provisions allowing the use of line-item vetoes.
The use of riders is also constrained by the single-subject rule, which is in place in some legislatures. The Constitutional Council of France considers riders to be unconstitutional and contrary to the rules of procedure of the parliamentary assemblies. Greece's constitution also forbids the parliamentary discussion of bills containing unrelated topics.
Bill to Law: The Massachusetts Process
You may want to see also
Riders are used to focus attention away from controversial items
In the US, riders are additional provisions added to a bill that may have little to no connection with the subject matter of the bill. They are often used to advance controversial measures without building specific coalitions in support of them. This is because legislators can be forced to accept a measure that might not survive on its own due to their desire to pass the entire bill.
Riders are often used to focus attention away from controversial items. Since the 1980s, omnibus bills have become more common. These bills contain provisions, sometimes important provisions, on a range of policy areas. They are powerful for focusing attention away from controversial items and towards other main items that have broad support or are considered necessary.
For example, in 2010, an amended version of the Patient Protection and Affordable Care Act was signed into law by Barack Obama. The amended bill included a rider for the Student Aid and Fiscal Responsibility Act, whose student loan reform was completely unrelated to the broader bill's primary focus on healthcare reform.
Another example is when a rider to stop net neutrality was attached to a bill relating to military and veteran construction projects.
Tyranny and Law: A Dangerous Dance
You may want to see also
Frequently asked questions
In the world of Congress, a rider is a type of amendment to legislation. It is an additional provision added to a bill or other measures that may or may not be relevant to the subject matter of the bill.
Riders are used to advance controversial measures without building coalitions in support of them. They are also used to kill a piece of legislation.
No, riders are not permitted in legislatures bound by a single-subject rule.