Rider (legislation)
Encyclopedia
In legislative procedure
, a rider is an additional provision added to a bill
or other measure under the consideration by a legislature
, having little connection with the subject matter of the bill. Riders are usually created as a tactic to pass a controversial provision that would not pass as its own bill. Occasionally, a controversial provision is attached to a bill not to be passed itself but to prevent the bill from being passed (in which case it is called a wrecking amendment
or poison pill).
Riders are most effective when attached to an important bill, such as an appropriation bill
, because to veto
or postpone such a bill could delay funding to governmental programs, causing serious problems.
When the veto is an all-or-nothing power as it is in the United States Constitution
, the executive must either accept the riders or reject the entire bill. The practical consequence of the custom of using riders is to constrain the veto power of the executive.
To counteract riders, 43 of the 50 U.S. state
s have provisions in their state constitutions allowing the use of line item vetos so that the executive can veto single objectionable items within a bill, without affecting the main purpose or effectiveness of the bill. In addition, the Line Item Veto Act of 1996
was passed to allow the President of the United States
to veto single objectionable items within bills passed by Congress
, but the Supreme Court
struck down the act as unconstitutional
in Clinton v. City of New York
.
Riders are often completely irrelevant to the bill they are attached and are commonly used to introduce unpopular provisions. These tend to have negative implications for freedom and civil liberties
but are nevertheless passed due to the amount of support behind the original bill. For example a rider to stop net neutrality was attached to a bill relating to military and veteran construction projects.
In Canadian politics, in order to use a rider to force the passage of partisan legislation in a minority government
, the proposed vote that the rider is attached to must be a confidence vote in a political atmosphere where the opposition parties are reluctant to force an election by toppling the government. One illustration of this technique is Conservative
Prime Minister
Stephen Harper
's attachment of a rider removing public funding from Canadian political parties to a confidence vote on a Canadian economic update in late 2008.
has taken an increasingly hard view against riders, which it considers unconstitutional and contrary to the rules of procedure of the parliamentary assemblies
. In 1985, the Council started striking down amendment to laws because they were unrelated to the subject of the law. Two special categories of riders merit mention: the "budgetary riders", attached to budget bills, and "social riders", attached to the budget bill for social security organizations,: clauses that have no link to the budget or to the social security budgets, respectively.
In some legislative systems, such as the British Parliament, riders are prevented by the existence of a long title
of a bill that describes the full purpose of the bill. Any part of the bill that falls outside the scope of the long title would not be permitted. However, legislators often bypass this limitation by naming a bill vaguely, such as by appending "and for connected purposes" to the name.
In 2005, the Constitutional Court of Hungary
struck down the yearly national budget law in its entirety, because almost half of the paragraphs were not related to state fiscals at all, but modified 44 other existing pieces of legislation, which concerned health regulations, public education and foreign relations. This judicial ruling restricted the government's future options in bypassing due parliamentary debate and imposing certain reforms unilaterally.
Parliamentary procedure
Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies...
, a rider is an additional provision added to a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
or other measure under the consideration by a legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, having little connection with the subject matter of the bill. Riders are usually created as a tactic to pass a controversial provision that would not pass as its own bill. Occasionally, a controversial provision is attached to a bill not to be passed itself but to prevent the bill from being passed (in which case it is called a wrecking amendment
Wrecking amendment
In legislative debate, a wrecking amendment is an amendment made by a legislator who disagrees with the principles of a bill and who seeks to make it useless rather than directly opposing the bill by simply voting...
or poison pill).
United States
The use of riders is prevalent and customary in the Congress of the United States, as there are no legal or other limitations on their use.Riders are most effective when attached to an important bill, such as an appropriation bill
Appropriation bill
An appropriation bill or running bill is a legislative motion which authorizes the government to spend money. It is a bill that sets money aside for specific spending...
, because to veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
or postpone such a bill could delay funding to governmental programs, causing serious problems.
When the veto is an all-or-nothing power as it is in the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, the executive must either accept the riders or reject the entire bill. The practical consequence of the custom of using riders is to constrain the veto power of the executive.
To counteract riders, 43 of the 50 U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s have provisions in their state constitutions allowing the use of line item vetos so that the executive can veto single objectionable items within a bill, without affecting the main purpose or effectiveness of the bill. In addition, the Line Item Veto Act of 1996
Line Item Veto Act of 1996
The Line Item Veto Act of 1996 enacted a line-item veto for the Federal government of the United States, but its effect was brief due to judicial review....
was passed to allow the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
to veto single objectionable items within bills passed by Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, but the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
struck down the act as unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
in Clinton v. City of New York
Clinton v. City of New York
Clinton v. City of New York, , is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United...
.
Riders are often completely irrelevant to the bill they are attached and are commonly used to introduce unpopular provisions. These tend to have negative implications for freedom and civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
but are nevertheless passed due to the amount of support behind the original bill. For example a rider to stop net neutrality was attached to a bill relating to military and veteran construction projects.
Canada
In Canada, because of the rigid system of party control both in the federal Parliament and in provincial legislatures, the use of riders is rare. Furthermore, Canadian convention prohibits anyone other than a Minister from proposing a bill or an amendment to a bill that would require the government to spend money ("money bill").In Canadian politics, in order to use a rider to force the passage of partisan legislation in a minority government
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...
, the proposed vote that the rider is attached to must be a confidence vote in a political atmosphere where the opposition parties are reluctant to force an election by toppling the government. One illustration of this technique is Conservative
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
Prime Minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
's attachment of a rider removing public funding from Canadian political parties to a confidence vote on a Canadian economic update in late 2008.
Europe
The Constitutional Council of FranceConstitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...
has taken an increasingly hard view against riders, which it considers unconstitutional and contrary to the rules of procedure of the parliamentary assemblies
Parliament of France
The French Parliament is the bicameral legislature of the French Republic, consisting of the Senate and the National Assembly . Each assembly conducts legislative sessions at a separate location in Paris: the Palais du Luxembourg for the Senate, the Palais Bourbon for the National Assembly.Each...
. In 1985, the Council started striking down amendment to laws because they were unrelated to the subject of the law. Two special categories of riders merit mention: the "budgetary riders", attached to budget bills, and "social riders", attached to the budget bill for social security organizations,: clauses that have no link to the budget or to the social security budgets, respectively.
In some legislative systems, such as the British Parliament, riders are prevented by the existence of a long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of a bill that describes the full purpose of the bill. Any part of the bill that falls outside the scope of the long title would not be permitted. However, legislators often bypass this limitation by naming a bill vaguely, such as by appending "and for connected purposes" to the name.
In 2005, the Constitutional Court of Hungary
Constitutional Court of Hungary
The Constitutional Court of Hungary is a special court of Hungary, making judicial review of the acts of the Parliament of Hungary. The official seat of the Constitutional Court is Esztergom....
struck down the yearly national budget law in its entirety, because almost half of the paragraphs were not related to state fiscals at all, but modified 44 other existing pieces of legislation, which concerned health regulations, public education and foreign relations. This judicial ruling restricted the government's future options in bypassing due parliamentary debate and imposing certain reforms unilaterally.
See also
- Downsize DC FoundationDownsize DC FoundationDownsize DC is a policy advocacy organization which aims to limit the size of government in the United States through awareness and petitioning. Though it claims to be non-partisan, it does have strong political ties to the libertarian movement...
- Christmas tree billChristmas tree billIn the United States Congress, a Christmas tree bill is a political term referring to a bill that attracts many, often unrelated, floor amendments. A Christmas tree bill consists of many riders. The amendments which adorn the bill may provide special benefits to various groups or interests...
- Omnibus spending billOmnibus spending billAn omnibus spending bill is a bill that sets the budget of many departments of the United States government at once. It is one possible outcome of the budget process in the U.S....
- Germane
- Cornhusker Kickback