Transcript Slide 1

Congress
Chapter 8
Prepared by Teresa Nevárez, El Paso Community College
© 2008 Pearson Education, Inc.
Constitutional Background: Representation of
Popular, Group, and National Interests
Background: Congress exercised supreme legislative
power up until the beginning of the 19th 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
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
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
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
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
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
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 19th 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
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
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
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.
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
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
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
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