Monroe and Kersh, Chapter 10 & 11 Discussion Ellis & Nelson: Should the Senate represent people, not states? Legislative, Executive, Judicial branches • Which is most important?

• Which is most powerful?

• Do separation of power 'work'? • Why is Congress so unpopular? • https://www.youtube.com/watch?v

=FYkyhS9DDdE

I. Congress: The Decline of Legislative Govt • Constitution designed such that Congress is “1st” Branch

• Most of 20th Century is a story of the rise of Executive

branch powers • Should we care which branch is supreme?

War powers immigration policy Climate policy Budgeting

Now, Congress no longer 1st branch; held in low esteem Why "weaker" vs. President than before?

Opinions about Congress: Pew Favorability: http://www.pewresearch.org/data-trend/political-attitudes/congressional-favorability/ Approval of Congress (Gallup):

• Why do so many people disapprove of Congress? • Why do so many members of Congress get re-elected?

45% say used car salesmen more ethical than Members of Congress more

What has changed with Congress? From 1900 - 1970s, changes in internal organization From 1990s to today?

o Party polarization

o Campaign finance costs exploded Seen as 'legal' bribery

o Media focus on scandals

Sexual Financial (not pay taxes, etc.) Corruption

o (Recently) Do Nothingism

Senate filibuster, kill nominations, House government shutdown

Yet, most years 95% are re-elected (WHY?)

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 1900-1920: Joe Cannon • How was business organized?

Early 20th Century, short tenure for

representatives (30% of House were freshmen)

Most served only 2 or 3 terms (4 years for average House member)

Very few “leaders”

Took just 10-12 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

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 - 1950s, 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

• Power moves to Committee Chairs

Committee government (modern era) Congressional committees = small sub-group that has jurisdiction over specific policy area banking, foreign affairs, natural resources, transportation, agriculture. etc. Today: 3 power committees:

• Rules • Ways and Means (Taxes) • Appropriations

17 policy committees 80+ sub-committees

• Committee system depends on a set of “norms”

• 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 old 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

• 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: 1890 - 1920:

Old, Old Congress: Power in hands of few (speaker, party leader)

1940 - 1973:

Old Congress: Power diffused to Committee Chairs (most senior members) 1974 – 200?

New Congress: Power in hands of MANY indiv. members

is this why we hate Congress but love our own rep?

is this why Congress often “weak” vs. Prez. ?

Now, Congress is The Broken Branch?

B. Move for Reforms in Committee System (1960s) (origins of “New Congress”)

1. Characteristics of “old” House (40s - 60s)

weak central leadership BUT, power held by key committee 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

1953-1963, James Eastland Chair Sen Judiciary Com. • 1 of 121 civil rights bills got out of

committee 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 leaders in Congress

• weaker now

affected power of “rank & file” members • stronger now

further dispersed power to individual members

1. 1964 – Election

• LBJ landslide • influx of pro-civil rights freshmen

2. 1965 – House rules changed

• require vote of Committee to close meeting • 1964 40% closed to public • 1975 3% closed to public

3. 1970 - House rules changed

• allow recorded votes on floor votes for amendments

• made it hard to amend with invisible vote

4. 1971 – House rules changed

• Democratic caucus allows vote of all party members to select chairs

• voted on individually, rather than as slate

offered by leaders 5. 1971 - House rules changed

• limits on committee chair’s control over member’s staff resources

6. 1973, 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

only chair one full committee & one sub committee committee over 20 people must have 4 sub committees

1958 = 84 sub-committees 1974 = 157 sub-committees (majority = 218 members...) 7. 1975 – New Congress

• Dem caucus votes to oust 3 sr. chairs and 2 sr. sub

committee chairs

http://www.contactingthecongress.org/cgi-bin/committee_list.cgi?site=ctc2011 8. unintended consequences?

Did diffusion of power make Congress weaker vs. the President?

D. 1970s -today, New Norms, New Congress less/no apprenticeship generalize more less courtesy

II . Unintended consequences of Reforms: A. Increased decentralization of leadership in House 1. old system, power =

few members from majority party held several key power positions 2. new system

more members hold power

3. so what? How does legislature stand vs. executive branch?

o War Powers o Trade agreements o Budgeting

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 1974- early 1990s, & today: ballooning deficits

2. re-election lock due to access to PAC $$$

difficult to unseat any incumbents 1960s, aprox. 88% re-elected 1980s, aprox. 95% re-elected (bigger war chests) 2000s 95% re-elected 2012 90%

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 new systems (post 1970s) very good for individual members

o insures individual power and re-election

o what is good for individuals not nesc. good for institution

cant function cohesively w/o some centralized

leadership

difficult for leadership to control 'rank & file' members of their party

"Failures:" Gun regs, budget deals, (Obama) Immigration (Bush II, Obama) Social Security Overhaul (Bush II) Health Care (Clinton) Budget Deficits (Bush I, Reagan, etc.) Energy Policy (Carter) Government shutdowns

leadership w/ little autonomy from rank & file

members appear insulated and "out of touch" Perceptions that campaign $$ have improper

influence

Public perception of Congress as a Branch suffers Paradox:

voters re-elect nearly all of them.... and, voters support term limits

"throw the bums out, but not my bum"

H. How does this affect Congress vs. President President always more popular than Congress who can act more quickly who can control information 20th Century = history of increasing power of Prez. vs. Cong

Leadership in each House A. House of Reps. 1. Top Elected Positions (Republican majority): Speaker : Paul Ryan (was J. Boehner, R- OH 20+ yrs)

(was 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

Majority leader: Kevin McCarthy (was E. Cantor, R-VA 13 yrs) (was 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: Steve Scalise (was K. McCarthy, R-CA - 6 yrs) (was 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

Minority Party (Dems): Minority Leader (is Nancy Pelosi D-CA, 28 yrs) (was John Boehner R-OH) (was Nancy Pelosi, D- CA)

Minority Whip (is S. Hoyer D-MD - 32 yrs) (was Eric Cantor, R-VA ) (was R. Blunt, R-MO) (once was Nancy Pelosi, D- CA) (was Steny Hoyer, D- MD)

2. Top Committee Chairs (appointed + elected)

Appropriations Chair (Harold Rodgers R-KY, 34 yrs) #2 = Bill Young (R-FL ) Chair Defense SC (deceased) #3 = Frank Wolf (R-VA) Chair Commence 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 (Dave Camp, R-MI, 24 yrs.) #2 Sam Johnson R-TX Chair, Social Security Sub. #3 Kevin Brady (R-TX) past SC chair #4 Paul Ryan (R-WI) Chair, House Budget cmte #5 Devin Nunes (R-CA) Chair, Trade Sub cmte Revenue and Tax policy, trade, social security US Constitution All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Rules Committee (Pete Sessions, R-TX)

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 (example): 1. Standing committee: (Full) • legislation introduced in committee • directed to relevant subcommittee • committees hold hearings

• each member on only 1 or 2 standing (full) committee • only one “excusive” committee

o ways & means o appropriations o rules

• House tradition:

o majority lets minority party have seats o majority party gets more slots than proportionate on

exclusive committees • 10 - 50 members p/ committee

• "Rank" and committee assignments:

rank still based on seniority prestige claim to future power claim to chair a sub-committee

Assignment to committees NOT tied to district, assigned by party on request Each standing committee has # of sub Committees: Agriculture: [25 Rs, 22 Ds]

(#1 F. Lucas, R-OK Chair) (#2 B. Goodlatte, R-VA Vice Chair) (#3 S. King D- IA)

Conservation & Energy, Forestry (Thompson #7)

biofuels, water, soil, research

General Farm Commodities (Conway # 6) cotton, wheat, rice, soybeans

Livestock, Rural Development, Credit (Crawford

#12)

Horticulture Biotech, Foreign Ag. (Scott #9) fruits, vegs, GM, bees

Operations, Oversight (King #3)

food stamps, forestry, nutrition # 4 Neuebauger Chairs SC on Financial Services cmte # 5 Rogers Chairs SC on Homeland Security cmte # 8 Gibbs Chairs SC on Transportation cmte # 10 Tipton Chairs SC on Small Business cmt

Sonority still matters, as does being in the majority party ex: Al Swift, WA 2nd, 1978 - 1994 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) ex: Larsen, WA 2nd, 2000 - present MAJOR: Cmte on Transportation & Infrastructure, (#8 of 26 Ds)

ranking minority member, Coast Guard SC Armed Services Comm. (#8 in minority)

House v. Senate A. Senate (even) more decentralized Hard to impose discipline on 100 millionaires More national stature than House:

o media visibility o constitutional responsibilities

Judicial confirmation process Treaties Impeachment vote

Many Senators potential presidential candidates GORE, QUAYLE, HART, HARKIN BENSTEN, MONDALE, NIXON, HHH, LJB, JFK, TSONGAS, GRAHM, DOLE, McCAIN, BRADELY, EDWARDS, KERRY, OBAMA, CLINTON, BIDDEN, DODD, 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 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 * weakens powers of committees & chairs To close Senate debate: Must secure 3/5 of body (Cloture) Filibuster = endless debate in attempt to shut down Senate C. Senate leadership powers less formal Pres of Senate = VP (Biden) Majority Leader (Reid) Minority Leader (McConnell)

D. Why do we have a US Senate? What interests are protected? Why do they need protection? 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 Would we apportion the WA State Senate this way?

I. The Executive Branch (The Prez) A. Major Themes; what is power vs. Congress what is nature of Prez 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 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 1. Constl. limits on power in intl. relations less clear than ltds. on domestic power 2. Commander-Chief power over day-to-day operations of military

NOT power to initiate conflict 3. Treaty power 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 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