I. Congress: The Decline of Legislative Govt
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1 I. Congress: The Decline of Legislative Govt Constitution designed such that Congress is 1 st Branch Most of 20th Century is a story of the rise of Executive branch powers Should we care which branch is supreme? War powers Judicial appointments Budgeting Now, Congress no longer 1st branch, and held in low esteem Why "weaker" vs. President than before? Opinions about Congress:
2 Nov : July 2007 : Nov 2007: Nov 2008: April 2009 Nov % approve; 60% disapprove 37% approve; 60% disapprove 28% approve 65% disapprove 21% approve 67% disapprove 33% approve, 58% disapprove 25% aporive, 66% disapprove Why do so many people disapprove of Congress? Why do so many members of Congress get re-elected?
3 April 2009: 45% say used car salesmen more ethical than Members of Congress more Organization of the US House How do you get 435 people to do something? o Leadership o Committees o Party caucus 1. Old, Old Congress How was business organized? (p. 187) Early 20th Century, short tenure for representatives (30% of House were freshmen)
4 Most served only 2 or 3 terms (4 years for average House member) Very few leaders Took just years to become a leader not a career most moved on to other things Resulting Structure of Leadership (1890s 1910s): Strong Speaker s powers "Business" conducted with high party unity in roll call votes 1890s-1906 o most representatives backbenchers Eventual "revolt" against speaker rise of "party caucus" o power a function of loyalty to party o reaction against strong party power o created need for other rules to structure House
5 2. Old Congress (1930s 1970), Growth of internal complexity of US House More business, more bills, more decisions SENIORITY PRINCIPLE longer careers in House by 1940s s, only 15% freshmen members Members served average of 5 terms (10 years) As an institution, US House changes, Business of Congress = directing legislation making decisions about policy agenda allocating authority over decisions division of labor decentralization i.e., who has power
6 Power moves to Committee Chairs Committee government (modern era) Congressional committees = Today: small sub-group that has jurisdiction over specific policy area banking, foreign affairs, natural resources, transportation, agriculture. etc. 3 power committees: Rules Ways and Means Appropriations 16 policy committees 80+ sub-committees Committee system depends on a set of norms
7 Norms = rules, processes, standardized ways of doing business universalistic processes for doing business members of House socialized, norms transmitted Committee system norms = seniority system House norms (of seniority system) = a. apprenticeship observe, obey. learn, wait b. specialization become expert in an area c. hard work service, oversight, unpopular business d. courtesy speak no ill of other members, or institution e. reciprocity defer to judgment of other experts, leaders as they should defer to you norms of a system where senior members are leaders
8 if norms followed, and member survives, rewarded with Chair position Chairs have great powers: scheduling hearings scheduling votes call witnesses stall votes discretion on amendments cut deals with other committees appoint sub committee chairs abolish or create subcommittees hire staff by 1963, 100% of committee chairs were most senior members of committee, selected by seniority o half of committees had no scheduled meetings 1920s, only 70% of chairs most senior 1880s, only 40% chairs most senior Review: Three Phases of Congress development:
9 : Old, Old Congress: Power in hands of few (speaker, party leader) : Old Congress: Power diffused to Committee Chairs (most senior members) New Congress: Power in hands of MANY indiv. members is this why we hate Congress but love our own rep? is this why Congress weak vs. Prez.? B. Move for Reforms in Committee System (1960s) (origins of New Congress ) 1. Characteristics of old House (40s - 60s)
10 weak central leadership power of institution diffused across chairs chairs held by members from SAFE SEATS One Party South racist, segregationist Democrats 2. Small # of Exclusive committees in control House Rules Committee (how bills will be considered) Ways and Means Committee (tax revenue) Appropriations (spending authorization) 3. Autocratic chairs Opposed to Civil Rights chairs controlled fate of legislation , James Eastland Chair Sen Judiciary Com. 1 of 121 civil rights bills got out of committee
11 4. Closed committees to public to rank and file members C. Reforms and the New Congress, post 1970s Rules & Committee System: Controlled by majority party Changed rules about how business conducted Changed rules about who has power in House affected power of senior chairs & party leaders weaker affected power of rank & file members stronger further dispersed power to individual members Election LBJ landslide influx of pro-civil rights freshmen
12 House rules changed require vote of Committee to close meeting % closed to public % closed to public More House rules changed allow recorded votes on floor votes for amendments made it hard to amend with invisible vote More House rules changed Democratic caucus allows vote of all party members to select chairs voted on individually, rather than as slate offered by leaders limits on committee chair s control over member s staff resources
13 , Sub-Committee Bill of Rights more staff for members more policy committees more sub committees more leadership positions Post 1973 Rules: Each member of the majority party: limit of one exclusive chair post Rules, Ways & Means, Appropriations everyone gets a major committee assignment Budget, Energy, Judiciary can only chair one full committee & one sub committee committee over 20 people must have 4 sub committees = 84 sub-committees 1974 = 157 sub-committees (majority = 218 members...) Dem caucus votes to oust 3 sr. chairs and 2 sr. sub committee chairs
14 Today: unintended consequences? Did diffusion of power make Congress weaker vs. the President? II. Unintended consequences of Reforms: A. Further decentralization of leadership in House 1. old system, power = few members from majority party held several key power positions 2. new system 3. so what? more members hold power How does legislature stand vs. executive branch? o War Powers o Trade agreements o Budgeting
15 B. More access points for interest groups 1. more sub committees = more iron triangles closed, private issue networks using public power increasingly difficult to limit public programs early 1990s, & today: ballooning deficits 2. re-election lock due to access to PAC $$$
16 difficult to unseat any incumbents 1960s, aprox. 88% re-elected 1980s, aprox. 95% re-elected (bigger war chests) % re-elected incumbents given sure access to campaign funds 75-90% of PAC $$ to incumbents C. more opportunities for constituency service detail work for district for individual constituent "unsticking services" D. Nearly impossible to unseat an incumbent E. Why do we hate Congress but love our own rep.? o system very good for individual members o insures individual power and re-election o what is good for individuals not good for institution cant function cohesively w/o some centralized leadership
17 difficult for leadership to control 'rank & file' members of their party "Failures:" Health Care (Obama) Immigration (Bush II) Social Security Overhaul (Bush II) Health Care (Clinton) Budget Deficits (Bush I, Reagan) Energy Policy (Carter) Something about Congress members appear insulated and "out of touch" Public perception of Congress as a Branch suffers Paradox: President always more popular than Congress voters re-elect nearly all of them... and, voters support term limits "throw the bums out, but not my bum"
18 H. How does this affect Congress vs. President who can act more quickly who can control information 20th Century = history of increasing power of Prez. vs. Cong III. Order from Chaos: Leadership in each House A. House of Reps. Majority party controls ALL leadership positions, chairs ALL committees 1. Top Elected Positions: Speaker (N. Pelosi, D-CA 23 yrs)- (was D. Hastert, R- OH) Party leader & leader of House business Plan long-term agenda Controls pace and flow of business in house Some key committee appointments (nominations) Rule motions relevant decide/influence some bill assignments appoint members to "special" and "select" committees
19 Majority leader (S. Hoyer, D-MD, 30 yrs ) (was Tom Delay R-TX) Scheduling daily legislation for votes Planning daily & weekly agendas Party spokesperson in media, lead floor votes Monitor opposing party floor activity Majority Whip (J. Clyburn. D-SC 17 yrs ) (was Roy Blunt, R- MO) (once was T. Delay, R-TX) Issue daily notices re: floor votes make sure votes are there works w/ nine deputy whips Sr. Chief Deputy Whip, (J. Lewis, D-GA) Minority Party: Minority Leader (John Boehner R-OH 20 yrs) (was Nancy Pelosi, D- CA) Minority Whip (Eric Cantor, R-VA 10 yrs) (was R. Blunt, R-MO; 11 yrs) (once was Nancy Pelosi, D- CA) (was Steny Hoyer, D- MD)
20 2. Top Committee Chairs (appointed + elected) Appropriations Chair (David Obey, D-WI, 40 yrs) Obey also Labor/HHS/Ed sub committee chair #2 = John Murtha* (D-PA, 36 yrs) Defense SC Chair* #3 = Norm Dicks* (D-WA, 34 yrs) Interior/Env. SC Chair #2 on Defense SC, #3 Military Const SC. Appropriation of the revenue for the support of the Government Rescissions of appropriations contained in appropriations Acts. Transfers of unexpected balances. Bills and joint resolutions reported by other committees that provide new entitlement authority Ways and Means Chair (C. Rangle* D-NY, 40 yrs ) # 4 Jim McDermott* (D-WA, 20 yrs) Sub com chair "Income and Family Support" Revenue and Tax policy, trade, social security
21 US Constitution: All Bills for raising Revenue shall originate in the House of Representatives; Rules Committee (L. Slaughter, D-NY, 24 yrs) has jurisdiction over "the rules and joint rules... and order of business of the House," and authority "to report at any time" on such matters... "arm of the leadership" and "legislative gatekeeper." The committee serves principally to assist the majority leadership in scheduling bills for floor action. B. Committee system: 1. Standing committee: (Full) legislation introduced in commiteee directed to relevent subcommittee committees hold hearings each member on only 1 or 2 standing (full) committee only one excusive committee o ways & means o appropriations
22 o rules House tradition: o majority lets minority party have seats o majority party gets more slots than proportionate on exclusive commiteees members p/ committee "Rank" and committee assignments: rank still based on senority prestige claim to future power claim to chair a sub-committee Assignment to committees NOT assoc. w/ district Each standing committee has # of sub Committees: Agriculture (Full): [24 Ds, 20 Rs] (#1 C. Peterson, D-MN Chair) (#2 T. Holden, D-PA Vice Chair) (#3 M. McIntyre, D- NC)
23 Conservation, Credit & Energy SC (Holden, #2) biofuels, water, soil, research Specialty Crops / Foreign Aid (McIntyre, D-NC #3) peanuts, tobacco, rural dev. General Farm Commodities (Boswell #4) cotton, wheat, rice, soybeans Livestock, Dairy, Poultry (Scott - GA #7 ) Horticulture / Organics (Cardoza, # 6) fruits, vegs, GM, bees Operations, Oversight, Nutrition (Baca, D-CA # 5) foodstamps, forestry, nutrition Senority still matters ex: Al Swift, WA 2nd, MAJOR: was 5 of 27 on Eng & Commerce Comm Eng, Power, Transport & Haz Waste sub com chair MINOR: was 2 of 12 on House Admin Comm, Accounts, Elections sub comm. (chair)
24 ex: Larsen, WA 2nd, present also: MAJOR: is 19 of 21 on Agriculture Com. 19 of 28 on Armed Svc. Comm. is on Transportation and Infrastructure Comm. House v. Senate A. Senate (even) more decentralized Hard to impose discipline on 100 millionaries More national stature than House: o media visibility o constitutional responsibilities Judicial confirmation process Treaties Impeachment vote Many Senators potential presidential candidates
25 1960/70s HHH, LJB, JFK, NIXON, MCGOVERN MUSKIE, MCCARTHY, JACKSON, BAYH, CHURCH 1980s 1990s 2000s QUAYLE, HART, BENSTEN, MONDALE, GRAHM, DOLE, B. KERRY, CRANSTON, HOLLINGS, ASKEW, T. KENNEDY, BAKER, McGOVERN, GLENN, SIMMON, BIDDEN GORE, DOLE, HARKIN, B. KERRY, TSONGAS, GRAMM, LUGAR, DOLE J. KERRY, EDWARDS, GORE, LIEBERMAN OBAMA, H CLINTON, THOMPSON, HATCH, MCCAIN, BRADELY, DODD, BIDDEN Each Senator has more discretion than House member power to add riders to budget bills power to blueslip judicial nominees Senate norms different: less specialization
26 less apprenticeship less reciprocity less committee power B. Rules of business in Senate less formal than House Much more debate More floor amendments Rule of Debate: in House, standing rule is: * debate limited to 1 hour per bill * change rule only by unanimous consent * ltd. amendments to bills on floor * committees in House control amnds. in Senate, standing rule is: * unlimited floor debate on each bill * rules allow more floor amends
27 * weakens powers of committees & chairs To close Senate debate: Must secure 3/5 of body (Clouture) Fillibuster = endless debate in attempt to shut down Senate Record: 24 hrs Threat of fillibuster most critical rarely gets to point of endless talk... about 110 cloture votes cloture invoked 60 times, but not to end a fillubuster Recent threats: Judicial nominees, 2005 DOMA, 2006 Lieberman, 2009
28 need 60 votes for clouture, unless: budget bill / reconcilliations "nuclear option" C. Senate leadership powers less formal Pres of Senate = VP (Bidden) Majority Leader (H. Reid) Minority Leader (McConnell) D. Why do we have a US Senate? o What interests are protected? o Why do they need protection? o Who is given disproportionate power? 20 small states = 40 Senators for 28 million people 9.9% of US population 25 small states = 50 Senators for 46 million people 16.4%of US population
29 Would we apportion the WA State Senate this way? Electoral College and US Senate give small states disproportionate influence Because...we needed to protect slavery in 1789? I. The Executive Branch (The Prez) A. Major Themes; How much is President's power vs. Congress what is nature of President's power? is President too strong? B. Power: In Constitution, a 'weak' branch 1. Original formal powers quite limited particularly in domestic politics executive powers from Constitution = execute laws unlike parliamentary system, no power to legislate
30 access to leg. process indirect, distant a. Veto power: a negative power 2. administer government operations Cabinet power over agencies/bureaucracy? appoints department heads w/ set policy & goals only appoints about 2000 positions 3. influence on judiciary indirect, no control of justice once appointed 4. impeachable by Congress 5. BUT: extra-constitutional powers from EOP C. Pres Power: Domestic vs. Foreign Politics
31 1. Constl. limits on power in foreign relations less than ltds. on domestic power 2. Commander-Chief 3. Treaty power power over day-to-day operations of military NOT power to initiate conflict enter, negotiate treaties w/ other govts. Senate advise and consent D. Founder's Intentions re: power of Prez. 1. Distrust 2. legislature close to people 3. military & War Powers: Madison: executive only has power to repel attacks
32 Const calculated to guard against an executive hurrying into war Madison to Jefferson: executives are prone to war, legislatures are not... Calculated wording in Const: Congress shall declare war... Prez. issues admin orders of operation to forces after Congress give command to war E. Power of Modern Presidents Great change & increase since 1787
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