CONGRESSIONAL ORIGINS AND HISTORY

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CONGRESSIONAL ORIGINS AND HISTORY
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Pre-Constitutional Predecessors

• British Parliament
• State legislatures
• Continental Congress
• --power inadequacies
• --procedural inadequacies

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VOTING CYCLE example

• Three proposals New York, Annapolis, Charleston
• NORTH NYC Annapolis Charleston
• MIDDLE Annap. Charleston NYC
• SOUTH Charleston NYC Annapolis
• NYC v. Annapolis --- NYC wins
• NYC v. Charleston --- Charleston wins
• Annap. V. Charleston --- Annapolis wins

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THREE VOTING CYCLE LESSONS

• Any alternative can be defeated by a majority
• Depending on which pair is voted on first, a
  different city wins
• If there is no set procedure for narrowing and
  pairing alternatives, voting can go on
  indefinitely with no conclusive decision

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POWERS OF CONGRESS

• Enumerated powers many were specific responses
  to Confederation Congress problems
• Elastic clause 1 necessary and proper
  McCullough vs. Maryland (1819)
• Elastic clause 2 commerce among the several
  states
• --19th Century definition fairly literal
• --Post-New Deal definition broad, basis for
  Civil Rights Act of 1964 and many other
  laws---BUT does US v. Lopez (1995) signify a new
  trend?

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LIMITATIONS ON CONGRESSIONAL POWER

• In the original text of Constitution no ex post
  facto laws, bills of attainder
• In the Bill of RightsRecent examples of Federal
  laws struck down as unconstitutional original
  Federal Election Campaign Act (1976), anti-flag
  burning law (1990), Line-Item Veto Law (1998),
  Religious Freedom Restoration Act (1997)

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STRUCTURAL DECISIONS MADE BY FOUNDERS

• 1.) BicameralismConnecticut compromise, other
  reasonsDoes small state bias in Senate make a
  difference today?
• --funding formulas--issues of interest to
  farmers and country people (guns, grazing
  rights)--do small states have a leadership
  advantage?
• Each chamber makes its own rules of procedure,
  elects its own leaders

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STRUCTURAL DECISIONS contd

• 2.) Complete separation from executive
• --separate elections, separate fixed term
  lengths--no simultaneous service (prevents a
  parliamentary-style system)
• --limited executive use of prosecutorial power
  against Congress (immunity)
• 3.) Yet shared and overlapping powers
  w/executive
• ---judicial selection
• ---confirmation of executive appointments
• ---creating and funding executive branch agencies
• ---foreign policy/defense Congress declares war
  and raises and supports armies, but President
  is commander-in-chief

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THE EARLY YEARS, 1790s-1820s

• The first Congresses high turnover, no
  professionalization, ad hoc committees, executive
  leadership
• 1806 Senate eliminates previous question
  motion creates filibuster
• EMERGENCE OF PARTIES
• John Aldrich, Why Parties?
• 1.) Stable coalitions eliminate voting cycles,
  improves legislative productivity (stable
  coalitions achieved thru logrolling and papering
  over differences)
• 2.) Brand name motivates voters and simplifies
  voting
• 3.) Economies of scale achieved for campaigns
• 4.) Presidential leadership made easier
• 5.) Regulation and reduction of destructive
  ambition

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EARLY YEARS, 1790-1820s continued

• EMERGENCE OF STANDING COMMITTEES IN THE HOUSE AND
  SENATE
• HOUSE aftermath of War of 1812
• a.) death of the Federalists growing
  factionalization of Republicans emergence of
  Democrats
• b.) financial mismanagement by executive branch
• c.) growing congressional workload increased
  constituent demands (election of 1814)
• Standing committee structure pretty much complete
  by 1822
• SENATE happened more or less all at once

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Late 19th Century Golden Age of Parties on
Capitol Hill

• The pre-Civil War party system Whigs vs.
  Democrats, competitive nationwide
• Post-Civil War heavily regionalized party
  system, leading to safe districts and lower
  turnover
• High intraparty homogeneity and interparty
  heterogeneity led to conditions for strong party
  leadership in both chambers

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Golden Age of Parties contd

• Reeds rules began with elimination of
  disappearing quorum, continued with increased
  use of House Rules Committee as leadership tool
• Czar Cannons amazing tripod of power
• (committee system, scheduling, floor debate)
• --increasing conflict within the GOP Old
  Guard vs. Progressives

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Golden Age of Parties, Contd

• First challenge 1909 Calendar Wednesday
• Revolt in 1910 led by Norris motion to strip
  Speaker of Czar powers
• Democrats and King Caucus

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The Textbook Congress 1920s-1970s

• Growing decentralization, weakening parties, and
  member independence due to
• --Australian ballot
• --Primary elections replaced SFR method of
  nomination
• --Norm of continuing committee assignments
• --Direct election of Senators (1913)
• --Continued regional/ideological division within
  both parties

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Textbook Congress continued

• EMERGENCE OF SENIORITY SYSTEM
• --committee assignments
• --committee chairmanships
• --leadership succession (esp. Democrats)
• EMERGENCE OF CONSERVATIVE COALITION during FDRs
  second term
• (How seniority system benefited the South)
• Speaker Sam Rayburn (1940-1961) bargaining,
  accommodative style of leadership

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Textbook Congress Contd

• Donald Matthews, US Senators and Their World
  (1960)
• Mid-20th Century norms observed by Matthews
  apprenticeship, specialization, reciprocity, be a
  workhorse not a showhorse, institutional
  patriotism, courtesy
• Consequences of violating norms?

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End of the Textbook Congress

• SEEDS OF REFORM
• --1958 midterm electionscreated disparity
  between caucus and committee chairs 39.3 of
  House Democrats were Southern, but 61.9 of
  committee chairs were Southern
• --formation of Democratic Study Group (DSG)
• Expansion of Rules Committee in 1961

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End of the Textbook Congress

• The Revolt Against the Committee Chairs of
  early 1970s
• 1.) revitalization of Caucus committee chair
  interviews and approval by Caucus
• 2.) Subcommittee Bill of Rights (decentralizing)
• 3.) POWER GIVEN BACK TO SPEAKER(centralizing)
• --appoint Dems on Rules Committee
• --more power over committee assignments
• --power of multiple referral and ad hoc
  committees
• 4.) Greater openness
• --more recorded votes (electronic voting)
• --open committee hearings, C-SPAN

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The Post-Reform Congress, 1975-present

• Party voting and party unity increased greatly in
  the 1980s---why?
• 1.) Aftereffects of Voting Rights Act of 1965
• 2.) Growth of GOP in South (transplants,
  converts, and generational change)effects on
  primary elections
• 3.) Reaganism and the centralization/fiscalizati
  on of politics
• 4.) More aggressive party leadership?
• ---increasing use of rules to limit members
  options, more omnibus bills

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The Post-Reform Congress Contd

• --party leaders more involved in recruiting and
  funding their parties candidates (e.g.
  leadership PACs)
• --Better socialization/inclusion of new members
• The Republican Revolution of 1994
• PRELUDE Gingrichs COS hardball tactics, Jim
  Wrights unprecedented use of power, big turnover
  in 1992 due to unique factors

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POST-REFORM Congress contd

• 1994 CAMPAIGN Contract w/America, morphing into
  Clinton
• SPEAKER GINGRICHs FIRST 100 DAYS
• --handpicked, dominated, and bypassed committees
• --reorganization of committee system
• --term limits on leadership positions
• --some attempt at increasing minority rights

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POST-REFORM CONGRESS CONTD

• GINGRICHS DOWNFALL
• --Budget Showdown with Clinton 95-96
• --Emerging ideological/regional splits with GOP
• --Senate stymies Contract
• --1996 Year of Cooperation (min. wage, welfare
  reform, health care)
• --Gingrichs ethics, attempted coup
• --Impeachment fiasco the final blow---1998
  elections

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POST-REFORM Congress Contd

• Unified Republican Govt. (on and off)
• --Hastert, Armey, Delay
• --2001 -- Jeffords defection
• --continued conflict with Senate (Sinclair)
• --Bush legislative victories
• --2002 and 2004 elections

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CATCHING UP WITH THE SENATE

• --Senate always more individualistic and more
  deliberative (filibuster, no restrictions on
  amendments)
• --Interlocking directorate of party leaders in
  late 1800s Nelson Aldrich (R-RI), William
  Allison (R-Iowa), Platt (R-CT), Spooner (R-WI)
• Strong party discipline but no Czars
• 1899 decentralization of Appropriations
• Majority and minority leader positions created in
  1913
• Direct election didnt change much

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CATCHING UP WITH THE SENATE

• Outstanding majority and minority leaders known
  more for personal characteristics than
  institutional power(LBJs Johnson treatment,
  Byrds knowledge of rules, Mitchell and Frist
  selected because of media skills)
• The Johnson rule spread out committee
  assignments more
• END OF HISTORY SECTION