Congress Chapter 8 Constitutional Background: Representation of Popular, Group, and National Interests Background: Congress exercised supreme legislative power up until the beginning of the 19 th century. The framers felt it had to be closely guarded to prevent dominance over the executive and legislature. Although still important, the power of Congress has declined. The Constitution provided for a bicameral legislative body with enumerated powers and a capacity to carry out other powers necessary and proper to the execution of the enlisted powers. The House of Representatives was designed to represent the people, and the Senate the state legislatures. Federalist 53,56,57,58,62,63 (James Madison) Federalist 53 Competent legislators should be of upright intention and sound judgment with a certain degree of knowledge of the subjects on which they are to legislate Legislators should be familiar with the laws and affairs of the states They should be acquainted with the treaties between the United States and other nations, as well as with commercial policy and laws 1
Federalist 53,56,57,58,62,63 (James Madison) Federalist 56 Representatives ought to be acquainted with the interest and circumstances of their constituency The most important objects of federal legislation are commerce, taxation, and the militia Proper regulation of commerce Proper knowledge of duties which will be involved in the regulation of commerce Proper knowledge of the general principles of organization, movement, and discipline, which apply to militias Federalist 53,56,57,58,62,63 (James Madison) Federalist 57 The House of Representatives cannot make any law which will not have its full operation on themselves and their friends, as well as on the great mass of the society This creates between legislators and society a communion of interest The people should remain vigilant of their representatives Federalist 53,56,57,58,62,63 (James Madison) Federalist 58 A numerous assembly is not a good idea Passion will win over reason The larger the number, the greater will be the proportion of members of limited information and of weak capacities In ancient republics where the whole body of the people would assemble in person, a single orator would be in control Ignorance and passion would prevail By number, it would be a democracy, by decision making an oligarchy 2
Federalist 53,56,57,58,62,63 (James Madison) Federalist 62 Senators should be of more advanced age and a longer period of citizenship since they require greater extent of information and stability of character Senators should be at least 30, with 9 years of citizenship House representatives should be at least 25, with 7 years of citizenship Senators should be appointed by state legislatures There should be an equal representation of each state in the Senate Each state should have equal vote Federalist 53,56,57,58,62,63 (James Madison) The House of Representatives would be based on proportional representation No law may be passed without the majority vote of each House The legislature should be divided into two Houses to divide the power and provide for an additional check on the government Senate should be less numerous than the House of Representatives Senate members tenure should be of considerable duration Federalist 53,56,57,58,62,63 (James Madison) Senators should be acquainted with the objects and principles of legislation The Senate must be a stable institution of government freed from rapid succession of new members 3
Federalist 53,56,57,58,62,63 (James Madison) Federalist 63 Senators should possess a due sense of national character, sensibility to the opinion of the world, respect, and confidence Their responsibility must be limited to objects within the power of the legislature Senators should be as little blinded by prejudice, or corrupted by flattery The Senate should operate as a defense to the people against their own temporary errors and delusions Congress and the Washington Political Establishment Background: During the 1880s, Congress saw the rise of multiple committees. Committees were the little legislatures that collectively defined Congress. While in Britain, party government was the keystone of their democracy; in the United States the Madisonian model considered parties to be evil. Congressional Government calls for more party control of Congress to connect it to public opinion. Nonetheless, Woodrow Wilson argues that committees define its politics, not disciplined parties. Congressional Government (W. Wilson) The House of Representatives Freedom and free institutions cannot long be maintained by any people who do not understand the nature of their own government Congressional operations are too complex and very few people understand them The Speaker of the House of Representatives is as much of a leader as any of the other members He is not the only one that originates important measures He is not the author of every distinct policy He may initiate legislature, but he does not control the outcome 4
Congressional Government (W. Wilson) The House has as many leaders as there are standing committees There is a multiplicity of leaders, which makes the organization of the House too complex Chairs of standing committees do not constitute a cooperative body Each goes its own way and at its own pace New members become disappointed when they see their impact reduced to the introduction of their bill at a particular time and in a particular manner Congressional Government (W. Wilson) First lesson in committee government: Standing committees are the beginning and the end of the rules Both the House and the Senate deliberate and legislate in small sections Work is parceled out in over 47 standing committees which regulate the organization of the House Bills are read twice and referred without debate to the appropriate standing committee Committee jurisdiction overlaps at many points Congressional Government (W. Wilson) No standing committee is privileged to take upon itself the full power of the House it represents Objectionable or unimportant bills are simply ignored Thousands of bills expire not having been rejected, but having been simply neglected Regular order of business is constantly interrupted by the introduction of resolutions House sits not to discuss, but to sanction the conclusion of its committees as rapidly as possible Congress in its committee rooms is Congress at work 5
The Rise of the Washington Establishment (M.P. Fiorina) The assumption is that most people most of the time act in their own self-interest Economic theories which presume self-interested behavior will prove to be more widely applicable than those which build on more altruistic assumptions Primary goal of the typical congressman is reelection The office of congressman carries prestige, excitement, and power Reelection is the necessary condition for the achievement of his goals Most bureaucrats wish to protect and nurture their agency The Rise of the Washington Establishment (M.P. Fiorina) This requires more money and more people Each of us favors an arrangement in which our fellow citizens pay for our benefits What should we expect of legislators whose main concern is reelection? They will engage in activities that enhance their chances of reelection Three Kinds of Activities Lawmaking: produce legislature under the pretext of the good of the country while acting in their own self-interest Pork barreling: bring home the bacon to their districts Casework: come to the aid of a constituent by expediting a bureaucratic procedure The Rise of the Washington Establishment (M.P. Fiorina) Bureaucracies Most bureaucracies are attentive to legislators for fear of budget cuts They need congressional approval in order to survive Congress does not react to big government, it creates it The more government attempts to do for the people, the more extensive a bureaucracy it creates Bureaucracies must translate vague policy mandates into a functioning program Whatever the problem may be with a bureaucracy, Congressmen are seen as a source of succor 6
The Rise of the Washington Establishment (M.P. Fiorina) Lawmaking activities may prove controversial since districts are not inherently homogeneous In programmatic activities, credit claiming becomes difficult, unlike with pork barrel and casework Pork barrel and casework are less controversial They are basically pure profit Committee Chairmen as Political Entrepreneurs Background: Congressional committees became a dominant force in the legislative process towards the end of the 19 th century. The Legislative Reorganization Act of 1946 sought to reduce the number of standing committees, but the number of sub-committees increased. Senior members of the party with the majority in Congress dominate policymaking. Each committee maintains relative dominance over policy areas within its jurisdiction. Stemming from this fragmentation, party control is weakened. Congress and the Quest for Power (L.C. Dodd) Congress is a dynamic institution Members of Congress generally enter politics in a quest for personal power The basic lesson is that retention of power by service within Congress requires reelection It provides the formal status as an elected representative Winning by large numbers helps create an aura of personal legitimacy Long-term election success provides the opportunity to gain experience and expertise Reelection is not guaranteed and the candidate must create a personal organization rather than rely on her/his political party 7
Congress and the Quest for Power (L.C. Dodd) Desire for power may lead members to emphasize form over substance, i.e., position taking and credit claiming rather than problem solving Most members have relatively secure electoral margins Many members concern is securing congressional power rather than reelection In search of political power, most legislators spend most of their time in Washington in the committee and sub-committee rooms, in caucus meetings, or in office work devoted to legislation Congress and the Quest for Power (L.C. Dodd) Types of Committees: Revenue committees: raise the funds to pay for the authorized programs Housekeeping committees: service committees that carry little national weight except through indirect influence Authorization committees: jurisdiction over concerns of fairly narrow constituencies, ex.: the post office Policy committees: consider broad policy questions, such as education and labor Power committees: allow them to affect most or all policy areas, ex.: House Rules Committee Service on any committee may offer some satisfaction of their power drive Congress and the Quest for Power (L.C. Dodd) Members seeking power will seek to serve on committees with the broadest personal and policy impact There is a lot of competition for vacancies The more comprehensive the committee, the more complex and difficult to understand Issues will be more controversial and will leave members with difficult and often unpopular choices There is more national visibility and more scrutiny of their personal lives 8
Congress and the Quest for Power (L.C. Dodd) Career Path: four stages First stage: serve on housekeeping committees and do a lot of casework to broaden electoral base Second stage: seek service in key policy committees. Most members will stay at this stage Third stage: seek service in a power committee, such as Appropriations Fourth stage: service in the party leadership as a floor leader or speaker. Few reach this stage As members move up the power ladder, they move away from a secure world where the concern of power and public policy predominate Congress and the Quest for Power (L.C. Dodd) Seniority is not sufficient to guard personal authority Committee work allows members to specialize in particular policy and become acquainted with particular programs and agencies Committee work also allows for the dispersion of power, which in turn brings a greater number of individuals into the process and allows a greater range of policy innovation Committee work liabilities: Lacks strong, centralized leadership, undermining its internal decision-making capacity and external authority Dispersion of power allows numerous members to gain a degree of dominance Congress and the Quest for Power (L.C. Dodd) Lack of ability to provide the nation with unified, comprehensible, or persuasive leadership Lack of fiscal coordination where program goals invariably exceed the actual financial power Unplanned deficits invite the executive to intervene in the budget process Lack of accountability and responsibility No serious way exists to hold committee chairs accountable A tendency towards insulation of congressional decision making prevails Attempts to keep sessions from public purview are made Multiplicity of committees makes it difficult for public or press to follow Committee work prevents Congress from supervising the bureaucracy effectively 9
Speech to the Electors of Bristol (E. Burke) Members of Bristol should be chosen for the city and for their country at large, not for themselves A representative should live in the strictest union, correspondence, and communication with his constituents A representative should have the opinion of his constituency in high regard His unbiased opinion, mature judgment, and enlightened conscience should not be sacrificed to anyone Government and legislation are matters of reason and judgment To deliver an opinion is the right of all men Speech to the Electors of Bristol (E. Burke) Parliament is a deliberative assembly of one nation with one interest, that of the whole Representatives should avoid servile compliance The wide-spread interest must be considered, compared, and reconciled If as Ralph Nader says, Congress is The Broken Branch, How Come we Love our Congressmen so Much? (R.F. Fenno) Background: Throughout the 1970s, public opinion polls revealed that Congress was held in low esteem. The book, Who Runs Congress?, published by Ralph Nader helped further the people s already damaged image of Congress. In his book, Nader claims people have abdicated their power, money, and their right to a democracy to Congress. Very little has changed over the times. Only 25% of voters polled by the New York Times in 2006 expressed approval of Congress. Richard Fenno, however, takes on a very different approach. 10
If as Ralph Nader says, Congress is The Broken Branch, How Come we Love our Congressmen so Much? (R.F. Fenno) House representatives enjoy a great deal of support from their constituency 96% of House incumbents are reelected 85% of Senate incumbents are reelected We approve of our legislators, but not of our legislature In 1970, only ¼ of the electorate gave Congress positive ratings We are less demanding with the individual than we are with the institution The individual is judged on personal style and policy views The institution is judged on its efficacy to solve national problems If as Ralph Nader says, Congress is The Broken Branch, How Come we Love our Congressmen so Much? (R.F. Fenno) We constantly change our minds concerning the role Congress should play In the 1970s, Congress was criticized for being obstructionist and dilatory Other times we have demanded from Congress that it become the guardian against excessive executive power Reelection battles reinforce the tendency of all representatives to think in individualistic rather than institutional terms The performance of Congress as an institution is very largely the performance of committees To strengthen Congress means to strengthen its committees If as Ralph Nader says, Congress is The Broken Branch, How Come we Love our Congressmen so Much? (R.F. Fenno) The career of members of Congress is closely tied to committee work House committees act as funnels for individual activity Senate committees act as facilitators of individual activity Two types of committees: Committees that adopt procedures that enhance their independence from the executive branch Committees that want to ally themselves with any and all groups that share their policy views The most prudent course of action is to identify strengths and correct weaknesses in the system 11
If as Ralph Nader says, Congress is The Broken Branch, How Come we Love our Congressmen so Much? (R.F. Fenno) There is a continuing criticism of the seniority rule for selecting committee chairs There are arguments about their old age, conservatism, and national unrepresentativeness Chairs should have a good working relationship with the other committee members Representatives should be held more accountable for the performance of the institution Congress-Bashing for Beginners (N.W. Polsby) During the 1940s and 1960s, there were constant complaints about the role Congress played in the constitutional separation of powers The reforms made did not weaken Congress; they strengthened the presidency, especially after WWII Congress-bashing was what people did when they controlled the presidency but did not control Congress Mistrust between the branches has not been entirely a partisan matter The presidency should take a vigorous initiative to restore civility between the branches Congress-Bashing for Beginners (N.W. Polsby) The line item veto would take congressional politics out of the legislative process and weaken Congress The line item veto trivializes the work product of Congress The line item veto is unconstitutional The separation of powers in a nation such as the U.S. is a good idea Term limitations Congress members activities are very complex: managing a small group of offices, serving on committees, participating in legislative work, keeping track of members own political business, and educating people about their work Constituents and not constitutional limitations should decide who represents them 12
Congress-Bashing for Beginners (N.W. Polsby) Congressional salaries It is expensive to maintain two places of residence People with far less serious responsibilities would be paid better in the private sector We should not financially penalize people who serve our country Congress bashing exploits the ignorance of ordinary citizens Congress: The Electoral Connection (D.R. Mayhew) Congressmen must constantly engage in activities related to reelection There are three basic kinds of activities Advertising: disseminate one s name, personal qualities, experience, and knowledge Credit claiming: generate a belief that one is personally responsible for the positive things that happen in the district Position taking: public enunciation of a judgmental statement on anything of interest to political actors Home Styles and Washington Career (R.F. Fenno) When we speak of constituency careers, we speak of the goal of reelection When we speak of Washington careers, we speak of the pursuit of the goals of influence and making of public policy During the first years of service, it is very difficult to gain inside power and influence policymaking Experienced members of Congress find a gradual erosion of their local orientation Experienced members broader perspective of issues may isolate them from their supportive constituency back home 13
Home Styles and Washington Career (R.F. Fenno) A way to solve conflicts between constituency and Washington careers is to use one s influence to alter support patterns at home The speed with which a congressman begins to develop a Washington career will affect the speed with which his home style solidifies The legislative workload and demand for legislative expertise are steadily increasing 14