American American Government and Government and OrganizationOrganization

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Tuesday, 9 NovemberTuesday, 9 November

Announcements Announcements

We will now move on to discuss We will now move on to discuss political institutions beginning political institutions beginning with the U.S. Congress and then with the U.S. Congress and then move on to discuss the move on to discuss the presidencypresidency

Third midterm is scheduled for Third midterm is scheduled for Thursday, November 18Thursday, November 18thth..

Organization of Organization of CongressCongress While the Constitution outlined a basic While the Constitution outlined a basic

framework for Congress, throughout two framework for Congress, throughout two centuries the institution has evolved centuries the institution has evolved into a complex mix of rules, procedures, into a complex mix of rules, procedures, and customs.and customs.

To understand the House and Senate, To understand the House and Senate, one must understand what one must understand what representatives and senators want to representatives and senators want to accomplish and what obstacles they accomplish and what obstacles they have to overcome to achieve their have to overcome to achieve their goals.goals.

The Basic Problems of The Basic Problems of Legislative Legislative OrganizationOrganization To exercise the powers conferred on To exercise the powers conferred on

them by the Constitution, the House them by the Constitution, the House and Senate had to solve some basic and Senate had to solve some basic problems:problems:– How to acquire informationHow to acquire information– How to coordinate actionHow to coordinate action– How to resolve conflictsHow to resolve conflicts– How to get members to work for How to get members to work for

common as well as personal goals.common as well as personal goals.

The Need for The Need for InformationInformation A legislator cannot regulate the the stock A legislator cannot regulate the the stock

market or attack environmental pollution market or attack environmental pollution without having key information related to without having key information related to these areas. these areas.

Congress has attempted to solve the problem Congress has attempted to solve the problem by utilizing by utilizing division of labordivision of labor and and specialization as tools.specialization as tools.

By becoming By becoming specialists specialists (or employing them) (or employing them) in policy areas, and by creating a support in policy areas, and by creating a support foundation of information gatherers and foundation of information gatherers and interpreters, they can make more informed interpreters, they can make more informed decisions.decisions.

Coordination ProblemsCoordination Problems

Coordination (trying to act in concert) Coordination (trying to act in concert) becomes more difficult (and necessary) the becomes more difficult (and necessary) the greater the group’s workload and the more greater the group’s workload and the more elaborate its division of labor.elaborate its division of labor.

As Congress has grown, it has had greater As Congress has grown, it has had greater need for traffic management.need for traffic management.

Congress has used its Congress has used its party leadersparty leaders to act to act as the “traffic cops” giving them power to as the “traffic cops” giving them power to manage the business of legislating and manage the business of legislating and control over the agenda.control over the agenda.

Resolving ConflictsResolving Conflicts

Legislation is not passed until the Legislation is not passed until the majorities in both houses agree to its majorities in both houses agree to its passage.passage.

Many of Congress’s rules, customs, Many of Congress’s rules, customs, and procedures are aimed at resolving and procedures are aimed at resolving or deflecting conflicts so it can get on or deflecting conflicts so it can get on with the business of legislating.with the business of legislating.– Norms ofNorms of collegiality collegiality..– PartiesParties are ready made coalitions. are ready made coalitions.

Collective ActionCollective Action

The problem: what members do to pursue The problem: what members do to pursue individual goalsindividual goals may undermine the may undermine the reputation of their party or of Congress as a reputation of their party or of Congress as a whole.whole.

Primary goal for individual members is to Primary goal for individual members is to get get reelectedreelected..

The committee system, however, gives The committee system, however, gives members individual incentives to work for members individual incentives to work for collectively beneficial ends. How?collectively beneficial ends. How?

Seniority rules automate decisions as to who Seniority rules automate decisions as to who serves on committees, etc. This minimizes serves on committees, etc. This minimizes the time and effort members might spend the time and effort members might spend competing for these positions.competing for these positions.

Organizing CongressOrganizing Congress

The two most crucial institutional The two most crucial institutional structures created to exercise structures created to exercise Congress’s constitutional powers Congress’s constitutional powers areare– the the party systemparty system, and , and – the the committee system.committee system.

Without them it would be difficult Without them it would be difficult to overcome the barriers to to overcome the barriers to effective collective action.effective collective action.

The Importance of The Importance of ConsensusConsensus The degree of consensus within a The degree of consensus within a

party continues to affect how party continues to affect how much authority party members much authority party members are willing to delegate to party are willing to delegate to party leaders.leaders.

When there is broad and deep When there is broad and deep agreement, there is more agreement, there is more cohesion among the coalition. cohesion among the coalition.

The Importance of The Importance of ConsensusConsensus Over the decades, there has been significant Over the decades, there has been significant

variation in the coordinating ability of parties variation in the coordinating ability of parties in Congress.in Congress.

Since the 1950s there has been a Since the 1950s there has been a declinedecline and and resurgenceresurgence of congressional partisanship. of congressional partisanship.

As they have become more unified, they also As they have become more unified, they also become more become more polarized along ideological linespolarized along ideological lines..

Republicans grew more conservative. Republicans grew more conservative. Democrats became more liberal as their Democrats became more liberal as their

party’s conservative southern members were party’s conservative southern members were gradually replaced in Congress by gradually replaced in Congress by Republicans.Republicans.

Party Unity in the Party Unity in the HouseHouse

Party Unity in SenateParty Unity in Senate

Party LeadershipParty Leadership

Party members give House party Party members give House party leaders resources for inducing leaders resources for inducing members to cooperate when they members to cooperate when they are tempted to go their own way as are tempted to go their own way as free riders. These resources take free riders. These resources take the form of favors they may grant the form of favors they may grant or withhold (committee or withhold (committee assignments, direction of the assignments, direction of the legislative agenda).legislative agenda).

Party Organization Party Organization (House)(House) Majority leadership positionsMajority leadership positions

– Speaker of the HouseSpeaker of the House (Dennis Hastert R-IL) (Dennis Hastert R-IL)– Majority LeaderMajority Leader (Tom Delay R-TX-22 (Tom Delay R-TX-22ndnd District District

includes Brazoria, Fort Bend, and Harris Counties)includes Brazoria, Fort Bend, and Harris Counties)– Majority whip Majority whip (Roy Blunt-R-MO) (Roy Blunt-R-MO)

Whips form communication network connecting Whips form communication network connecting leaders to membersleaders to members

Minority leadership positionsMinority leadership positions– Minority Leader (Minority Leader (Nancy Pelosi D-CA)Nancy Pelosi D-CA)– Minority WhipMinority Whip (Steny Hoyer D-MD) (Steny Hoyer D-MD)

Link to Link to Leadership offices in HouseLeadership offices in House

Party Organization Party Organization (Senate)(Senate) Majority leaderMajority leader (Bill Frist R-TN) (Bill Frist R-TN) Minority leaderMinority leader (Tom Daschle D- (Tom Daschle D-

SD)SD) Link to Link to Senate leadershipSenate leadership

Party Leadership in the Party Leadership in the SenateSenate

Senators have never delegated as Senators have never delegated as much authority to their leaders as much authority to their leaders as have representatives.have representatives.

The norm of equality The norm of equality (ambassadors from their states to (ambassadors from their states to the national government) led the national government) led them to retain wider freedoms of them to retain wider freedoms of individual action.individual action.

Committee SystemCommittee System

Standing Committee (exist from one Standing Committee (exist from one Congress to the next)Congress to the next)

Fixed jurisdiction and stable membership Fixed jurisdiction and stable membership =specialization=specialization

Bills are assigned to committees on the Bills are assigned to committees on the basis of subject matterbasis of subject matter

Committee’s jurisdiction usually parallel Committee’s jurisdiction usually parallel those of the major departments or agencies those of the major departments or agencies in the executive branch.in the executive branch.

Each committee is uniqueEach committee is unique Each committee’s hierarchy is based on Each committee’s hierarchy is based on

seniorityseniority

Types of CommitteesTypes of Committees

Link to Link to House websiteHouse website

Committee PowerCommittee Power

Numerous changes in Congress have negated Numerous changes in Congress have negated some of the power of earlier committee chairs.some of the power of earlier committee chairs.

Particular changes in the late 1950s and mid Particular changes in the late 1950s and mid 1970s produced a fragmented and 1970s produced a fragmented and decentralized committee system that impeded decentralized committee system that impeded collective action because coordination was so collective action because coordination was so difficult.difficult.

When the Republicans took over the House in When the Republicans took over the House in 1995, they revised the committee rules to 1995, they revised the committee rules to ensure that the legislative agenda as outlined ensure that the legislative agenda as outlined in the in the Contract with AmericaContract with America would move would move swiftly to enactment. swiftly to enactment.

The Legislative The Legislative ProcessProcess A bill is introduced by a member (only a A bill is introduced by a member (only a

member). Although bills are introduced only by member). Although bills are introduced only by members, anyone may draft them. Executive members, anyone may draft them. Executive agencies and lobby groups often prepare bills agencies and lobby groups often prepare bills for introduction to friendly legislators. for introduction to friendly legislators.

The Speaker assigns the bill to a committee (In The Speaker assigns the bill to a committee (In the House). In the Senate, the majority leader the House). In the Senate, the majority leader assigns the bill to the appropriate standing assigns the bill to the appropriate standing committeecommittee

Committee jurisdictions are largely fixed; All Committee jurisdictions are largely fixed; All bills dealing with a given substantive area are bills dealing with a given substantive area are automatically sent to that committeeautomatically sent to that committee

Assignment to Assignment to CommitteeCommittee After a bill is introduced, it is assigned After a bill is introduced, it is assigned

a number and referred to a committee.a number and referred to a committee. Once a bill has been referred to a Once a bill has been referred to a

committee, the most common thing committee, the most common thing that happens next is NOTHING.that happens next is NOTHING.

Most bills die of neglect.Most bills die of neglect. If a committee decides on further If a committee decides on further

action, the bill may be taken up action, the bill may be taken up directly by the full committee, but directly by the full committee, but more commonly it is referred to the more commonly it is referred to the appropriate subcommittee.appropriate subcommittee.

CommitteesCommittees

In committee, the bill goes to a In committee, the bill goes to a subcommittee (here the real work begins)subcommittee (here the real work begins)

The subcommittee decides whether to The subcommittee decides whether to consider the billconsider the bill

If so, hearings are held. In a hearing, If so, hearings are held. In a hearing, typically members of the executive typically members of the executive branch and members of interest groups branch and members of interest groups are invited to testify, though individuals are invited to testify, though individuals can also testifycan also testify

The Purpose of The Purpose of HearingsHearings Members of Congress (MCs) learn Members of Congress (MCs) learn

factual informationfactual information about legislation; about legislation; – research is presented, experts testifyresearch is presented, experts testify

MCs learn MCs learn political informationpolitical information about about billsbills– What interest groups support or oppose it?What interest groups support or oppose it?– How strong are the pro and con sides?How strong are the pro and con sides?– What compromises are possible?What compromises are possible?– The arguments may be well known The arguments may be well known

rehashes, the real information is who is on rehashes, the real information is who is on what side, etc.what side, etc.

Link to Link to committeescommittees (and hearings) (and hearings)

The Purpose of The Purpose of HearingsHearings Congress listensCongress listens Often a fair hearing is sufficientOften a fair hearing is sufficient Lobbyists can show their bosses that they triedLobbyists can show their bosses that they tried Hearings outside of Washington may be for the Hearings outside of Washington may be for the

sole purpose of campaigningsole purpose of campaigning Let the locals and journalists see their Let the locals and journalists see their

congressmancongressman Hearings don’t have to be for legislation; they Hearings don’t have to be for legislation; they

can be oversight of the bureaucracycan be oversight of the bureaucracy They can be to gather information for possible They can be to gather information for possible

future legislationfuture legislation They can be to get attention to an idea that has They can be to get attention to an idea that has

not yet won majority supportnot yet won majority support

Reporting a BillReporting a Bill

If the subcommittee decides to act on a bill, it If the subcommittee decides to act on a bill, it marks it up – drafts it line by line – and reports it marks it up – drafts it line by line – and reports it to the full committee.to the full committee.

The full committee then accepts, rejects, or The full committee then accepts, rejects, or amends the bill (usually in deference to the amends the bill (usually in deference to the subcommittee).subcommittee).

If accepted, it is reported out of committee. The If accepted, it is reported out of committee. The written report that accompanies it is the most written report that accompanies it is the most important source of information on legislation for important source of information on legislation for members of Congress not on the committee as members of Congress not on the committee as well as other people interested in the legislation.well as other people interested in the legislation.

These reports summarize the bill’s purposes, These reports summarize the bill’s purposes, major provisions, and changes from existing law.major provisions, and changes from existing law.

SchedulingScheduling

In the Senate, when a committee In the Senate, when a committee votes out a bill, it goes directly votes out a bill, it goes directly onto the calendar, which specifies onto the calendar, which specifies when the bill will be heard on the when the bill will be heard on the floorfloor

In the House, the bill goes directly In the House, the bill goes directly to the to the Rules CommitteeRules Committee

Rules CommitteeRules Committee

Control over procedure is control over policy. Control over procedure is control over policy. If you control If you control the parliamentary procedure, you can often influence the the parliamentary procedure, you can often influence the outcomeoutcome

It gets a "rule" for debate in the House floor these rules It gets a "rule" for debate in the House floor these rules specify how much time can be spent debating the bill and specify how much time can be spent debating the bill and how many amendments can be added to the bill, how many amendments can be added to the bill, amendments to what sections, in what order, ect.. amendments to what sections, in what order, ect.. This is a This is a very political processvery political process

What amendments, how long is debate, the order of What amendments, how long is debate, the order of motions, amendments, etc.motions, amendments, etc.

Rules rarely stampedes large blocs of members (more subtle Rules rarely stampedes large blocs of members (more subtle twists are more common). twists are more common).

In the bad old days when Rules was independent of party In the bad old days when Rules was independent of party leadership (pre-1961), the Rules Comm. regularly killed bills leadership (pre-1961), the Rules Comm. regularly killed bills by refusing to grant them rules (esp. Civil Rights)by refusing to grant them rules (esp. Civil Rights)

Rules is now an arm of the leadershipRules is now an arm of the leadership

Example of a RuleExample of a Rule

Voting on LegislationVoting on Legislation

SchedulingScheduling– House calendar-House calendar--all major public measures (for current -all major public measures (for current

House floor proceedings see House floor proceedings see Office of the ClerkOffice of the Clerk))– Consent calendar (non-controversial bills) Consent calendar (non-controversial bills) – Private calendar (immigration requests or claims against Private calendar (immigration requests or claims against

the gov)the gov) Rules for DebateRules for Debate

– If there is an open rule, opponents may try to load down a If there is an open rule, opponents may try to load down a bill with so many objectionable amendments that it will bill with so many objectionable amendments that it will sink of its own weight. sink of its own weight.

– The rules committee may also give the bill a "The rules committee may also give the bill a "non-non-germane"germane" open rule, meaning that irrelevant amendments open rule, meaning that irrelevant amendments can be added to the bill, which would practically kill the billcan be added to the bill, which would practically kill the bill

– the reverse strategy is to propose "sweetner" amendments the reverse strategy is to propose "sweetner" amendments that attract members' supportthat attract members' support

Debate and Vote upon on the floor, with amendments, Debate and Vote upon on the floor, with amendments, ect.ect.

Scheduling Debate Scheduling Debate (Senate)(Senate)

The Senate does not have a Rules The Senate does not have a Rules Committee.Committee.

Thus, the leaders of both parties Thus, the leaders of both parties routinely negotiate unanimous consent routinely negotiate unanimous consent agreements (UCA’s) to arrange for the agreements (UCA’s) to arrange for the orderly consideration of legislation.orderly consideration of legislation.

UCA’s are similar to rules in that they UCA’s are similar to rules in that they limit time for debate, determine which limit time for debate, determine which amendments are allowable, and amendments are allowable, and provide waivers of Senate rules. In the provide waivers of Senate rules. In the absence of a UCA, anything goes.absence of a UCA, anything goes.

Process in the SenateProcess in the Senate

Compared to the larger House which Compared to the larger House which needs and adheres to well-defined rules, needs and adheres to well-defined rules, the Senate operates more informallythe Senate operates more informally

In the Senate, In the Senate, filibusters filibusters (extended (extended debates) are common, which members debates) are common, which members can effectively engage in to kill a billcan effectively engage in to kill a bill

Filibusters can be stopped by Filibusters can be stopped by cloturecloture which requires 60 votes (3/5ths called an which requires 60 votes (3/5ths called an extraordinary majority)extraordinary majority)

Conference CommitteeConference Committee

If passed it goes to the other house it may If passed it goes to the other house it may start over. More often, parallel bills have start over. More often, parallel bills have been working throughbeen working through

The parallel bills go to The parallel bills go to conference conference committeecommittee. . This is an ad-hoc committee This is an ad-hoc committee which is solely created to resolve the which is solely created to resolve the differences concerning a specific billdifferences concerning a specific bill

Equal numbers of each; in proportion to Equal numbers of each; in proportion to party. They debate and may vote out a party. They debate and may vote out a compromise billcompromise bill

If passed, the bill goes to both houses for a If passed, the bill goes to both houses for a votevote

The PresidentThe President

He may sign it or veto itHe may sign it or veto it Holding it for 10 days while congress Holding it for 10 days while congress

is in session is the same as signingis in session is the same as signing Holding it for 10 days during which Holding it for 10 days during which

congress adjourns is a "congress adjourns is a "pocket vetopocket veto", ", which cannot be overriddenwhich cannot be overridden

to override a veto, 2/3's of both to override a veto, 2/3's of both houses is requiredhouses is required

The Process ReviewedThe Process Reviewed