Political Science paper for 2 page
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day18n-Congress-ADecision-MakingBody.pptThe US Congress
A Decision-Making Body
Professor
Matthew N. Beckmann
Outline
1. The Goals that Motivate
2. The Major Features
a. Two Chambers, Two Worlds
b. Committees
c. Parties
3. Lawmaking is Hard – Especially Now.
4. Representation in Lawmaking
The Goals that Motivate
8:30 Breakfast w/ former member
9:30 Committee on Science, Space,
and Technology hearing on space research and development
10:00 Briefing by FEMA officials for members who represent victims of flooding in CA.
10:00 Energy and Commerce Cmte mark-up on media ownership legislation
12:00 Photo-op with 8th graders on the House Capitol steps
12:00 House convenes
12:15 Lunch with family friend
1:30 Subcommittee on Science Space Applications hearing
1:30 Subcommittee on Health and Environment mark-up on Trauma Care Planning Act
3:00 1st roll-call vote on supplemental appropriations bill
3:30 Meeting with officials from the National Alliance for Animal Rights
4:30 Meeting with delegates from American Jewish Congress on upcoming foreign aid bill
5:00 UC officials reception
5:00 Fundraiser for party whip
6:00 Fundraiser for colleague
A First Point:
Members of Congress are Exceedingly Busy.
The Goals that Motivate
1a. Reelection
1b. Reelection
1c. Reelection
2. Making Good Policy
3. Influence in Washington
The Goals that Motivate
Because time is so scarce, members must find ways to achieve their various goals without wasting time and energy.
They must use short cuts and pick their battles.
Combining It All:
How Policies Get Made (or Don’t)
The Textbook Version
Theoretical “Regular Order”
Introduction
(Sub)Committee Hearing
(Sub)Committee Mark-up/Vote
Floor Debate
Floor Votes & Final Passage
Conference?
President Sign or Veto
The Messy Version
Reality Regular Practice
The PATRIOT ACT
The Major Institutional Features
Two Chambers, Two Worlds
The Major Institutional Features
House & Senate
The Major Institutional Features
Two Chambers, Two Worlds
Constitution (Article 1, Section 5, Clause 2):
“Each House may determine the Rules of its Proceedings…”
| House | Senate | |
| Who Rules | Majority (218) | Supermajority (60) |
| Leaders’ Power | ||
| - agenda | Rules Committee* | open |
| - debate | time limits | filibusters/holds* |
| - amendments | controlled by rules | bring it |
| Carrots & Sticks | lots | some |
The House Rules Committee
(and the Hastert Rule)
The Hastert Rule describes the Speaker’s incentive to only schedule votes his party supports (i.e., have support of the “majority of the majority”).
Notice: S/he will not allow votes on other bills - even ones that could pass with bipartisan support.
The Supermajoritarian Senate
The Founders designed the Senate to be a majority-run institution – like the House. But when VP Aaron Burr helped “clean” Senate rules, he cut out the rule allowing the majority to end debate. Whoops.
So now it takes 60 senators to stop debate and move to a final vote (which only needs 51 votes to pass).
The Supermajoritarian Senate
Senators started using the lack of a “shut up” rule to delay/obstruct bills they did not like. These tactics became known as a filibuster.
The Senate became so slow that senators added a “shut up” rule called cloture. Nowadays 60 senators can vote to stop debate and move to a final vote (which only needs 51 votes to pass).
The Supermajoritarian Senate
The Supermajoritarian Senate
Filibusters used to be rare – mainly used by Southern senators to block civil rights legislation or appointments.
Now, “it takes 60 votes to go to the bathroom.” In fact, senators don’t even have to filibuster to “filibuster,” (and it wouldn’t really matter if they did).
The Supermajoritarian
Senate
The Major Institutional Features
Committees
Early Game
(Standing Committees)
Because there is simply too much for everyone to handle, issues are divided up among committees. Comprised of just a subset of the members, these committees are where the bills are first debated and “marked-up.”
The Major Institutional Features
Committees
Committee (and Subcommittee) Chairs
Play a Key Role in Policymaking
- get to hire team of policy-specific experts
- get to decide committee’s schedule
- generally write first draft of bills
- “manage” bills on the floor
The Major Institutional Features
Committees
Who are Committee Leaders?
House
Picked by party leaders, usually by seniority, but not always.
Also, self-selection plays an important role!
Senate
Seniority
Self-selection.
The Major Institutional Features
Committees
CA Members on Agriculture Committee
The Major Institutional Features
Committees
“They're like Al Capone dividing up Chicago -- Bugsy gets prostitution, gambling and loan sharking on the South Side, somebody else gets numbers in the North, and so on. It's the same thing in the [agriculture] committee, only they do it with peanuts, feed grains, milk, the Midwest, California, Texas, et cetera."
Dick Armey (5/20/1990)
The Major Institutional Features
Parties
After the Civil Rights legislation of the 1960s, Southern states switched from electing conservative Dems to conservative Repubs, while the North went from supporting liberal Repubs to liberal Dems.
The Major Institutional Features
Parties
Each party’s members elect leaders. Those leaders have a major hand in the day-to-day business of running things inside the Capitol.
Among other things, they…
- determine committee assignments (less in Senate)
- get extra staff support (policy, whip, pubic relations)
- lead behind-the-scenes meetings inside Congress
- coordinate messages outside Congress
- help run fundraising – for party and members
The Major Institutional Features
Parties
But there are severe limits on party leaders’ powers.
Among other things, they cannot…
- refuse party nominations
- rescind committee memberships
- deny staff support
- demand partisan loyalty (a la the Brits)
What About the White House?
Vetoes
“If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their adjournment prevent its Return, in which Case it shall not be a Law.”
Vetoes
Pocket Vetoes
Line-Item Vetoes (ruled unconstitutional)
What About the White House?
Vetoes
“If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their adjournment prevent its Return, in which Case it shall not be a Law.”
Vetoes
Pocket Vetoes
Line-Item Vetoes (ruled unconstitutional)
Important Point: Just by (credibly) threatening vetoes, presidents can extract concessions from Congress.
What About the White House?
Lobbying
Prioritize Agenda
Focus Allies on “President’s” Bill
Deal-Making
With Opposing Leaders
With “Centrists”
Combining It All:
How Policies Get Made (or Don’t)
Passing laws across two chambers, 435 representatives and 100 senators, multiple committees, in the face of today’s polarized parties is incredibly difficult. Of course, then the president can always veto whatever bills do pass.
The Status Quo Bias
In Winner Take All Politics, Hacker & Pierson argue that dynamic changes in society and the economy mean laws’ impact is always changing (even without new laws).
They refer to this as policy “drift.”
The Status Quo Bias
Notice, then, that the “winners” in the economy and society often want the government to do nothing! After all, they became “winners” under the current laws.
Congress’ status quo bias thus tends to favor those already doing well.
Representation in Lawmaking
However, at least we can now think about the conditions under which broad public considerations weigh heaviest in members’ decision-making.
First, it depends on the public.
Who cares? What do they think?
Representation in Lawmaking
However, at least we can now think about the conditions under which broad public considerations weigh heaviest in members’ decision-making.
Second, it depends on the process.
Clear Options (Amendments)? Recorded Votes?
Representation in Lawmaking
However, at least we can now think about the conditions under which broad public considerations weigh heaviest in members’ decision-making.
Third, it depends on the district/state.
What is the member’s greatest threat of losing?
Representation in Lawmaking
The more widespread the public’s interest, the more straightforward the process, and the more balanced the district, the more likely the public (broadly conceptualized) is front and center in the legislative process.
Special interest lobbyists’ influence increases when these conditions are not met (complex issues decided behind closed doors).
Next time we’ll talk about what lobbyists do and how they do it…
Representation in Lawmaking
