Pol 300 Midterm

Subcommittee

"Workhorses" of Congress: Legislation primarily developed/revised in this

productivity

# of bills enacted sharp decline around 2009

procedural gridlock

% restrictive has gone down, % open has gone up

Policy-making in Committees: A Timeline

1. Referral to Committee: Overlapping jurisdictions and Multiple referrals 2. Hearings 3. Markups 4. Reports

Senate characteristics

100 members, 2 per state, Serve six-year terms (staggered so that ⅓ of Senate elected every 2 years; never both from 1 state), Only the Senate can confirm presidential appointees (to executive branch and courts) and treaties, Lead by the Majority Leader, Chosen by majority party

Conditional Party Government provides an explanation for Speakers' changing role/power

1890-1910: ↑ within-party agreement (WPA), ↑ between-party disagreement (BPD) = strong(est) speakers (Reed and Cannon). 1910-1940: ↓ WPA, ↑ BPD = weak speakers (transitional period). 1940-1980: ↓ WPA, ↓ BPD = weak speakers (coalition-building style). 1980-2011: ↑ WPA, ↑ BPD = strong(er) speakers (1994 Republican revolution). 2011-present: ↓ WPA, ↑ BPD = ineffective speakers. Note: Republicans held speakership from 2011-2019

HOR characteristics

435 members elected proportionally to state population, NC has 13, Districts approximately 700,000 people, Serve two-year terms, All legislation concerning appropriations and taxation must originate in House, Lead by the Speaker of the House, Chosen by majority party

Pocket veto

A less common form of presidential veto that occurs if Congress has adjourned without the possibility of returning and the president does not sign the measure within the required 10-day (excluding Sundays) period.

Amendment Exchange

A method for reconciling differences between the two chambers' versions of a measure by sending the measure back and forth between them until both have agreed to identical language

Motion to proceed to consider

A motion in the Senate, which, if agreed to by a majority of those present and voting, brings a measure (e.g., bill) or matter (e.g., nomination) before the chamber for consideration

committee of the whole

A parliamentary device designed to allow greater participation in floor consideration of measures. It is a committee of the House composed of every Representative that meets in the House chamber.

hopper

A wooden box on the House floor into which measures are dropped for formal introduction

Overlapping Jurisdictions

Any broad subject overlaps numerous committees. Can be positive: prevents any one group from dominating a topics. Can be negative: often creates conflict. Ex: Energy and Commerce vs. Natural Resources on fossil fuels

Legislative Process step 8 in the House

Approved legislation sent to president The president can sign or veto legislation. He must act within 10 days of receiving the bill. If does nothing, becomes law. If Congress recesses within those 10 days without action, pocket vetoed

Size of standing committees

At the beginning of each new Congress, both parties offer resolutions electing party members to committee. determined by House leadership and Senate rules (sizes can be adjusted if majority & minority agree)

Logrolling

Bargaining in which members exchange support so that all parties to the deal can attain their individual goals: Norm of reciprocity, Include something for everyone, Makes support easier to attain. Also may trade support for measures: I support your measure so that you support mine

types of legislation

Bill, Public Bill, Private Bill, Joint Resolution, Simple Resolution, Concurrent Resolution

hearings

Bills sent to a subcommittee and this is public. Testifying witnesses include: Bill's sponsor(s), Federal officials, Interest group and think tank representatives, Academics, Private citizens (sometimes even celebrities). A formal meeting of a congressional committee to gather information from witnesses for use in its activities

The Presidency and Voting

Can persuade members to support their agenda: Take public positions; use "bully pulpit"- State of the Union Address sets priorities, Meet with members of Congress. Presidential success rate typically higher earlier in term (honeymoon effect): Usually more seats and Coattail effects

Legislative Process step 3 in the House

Committee holds hearings, votes: Hearings, markups, and votes, at the discretion of the committee chair; legislation may also be sent to a subcommittee. Committees have three primary powers (largely in this order): Collecting information through hearings and investigations, Drafting the actual language of bills and resolutions, Reporting bills to their parent chambers for consideration. Vote to approve - then sent to chamber

Legislative Process step 6 in the House

Conference Committee drafts compromise. Speaker selects House members; Majority leader selects Senate members. Generally come from committees of jurisdiction and 5-20 members typical. Conference committee meets to craft a single version of the legislation. Conferees selected by chamber leadership.

Constituency and Voting

Constituencies influence voting in two ways: They elect representatives whose views are similar to theirs (selection) or They continue to reelect the representative (monitoring). Now, increasingly geographically divided on party lines: "Mavericks" more likely to be from non-strongholds. Democrats increasingly diverse (Republicans not)

House Whips

Count votes, Encourage party loyalty/discipline, Mobilize winning coalitions, Chief liaison between members and leadership

formal criteria for assignments

Criteria vary between parties, examples include: Two Republicans from the same state should not serve on the same committee (Senate GOP) and All Senate Democrats should be assigned to a major committee before any senator offered a second major assignment (Senate Democrats). Senate has categories: Super A, A, B, C. No more than one Super A. No more than two A (including Super). One B. Any number of C

House Minority Leader

Criticizes majority initiatives, Develops alternatives

Legislative Process step 7 in the House

Each chamber votes on the compromise: Privileged motion in House. 18 (50%+1) members must approve most legislation; some require ⅔ vote. Must be addressed ahead of other pending motions. No amendments allowed.

selection of leaders

Elections held before the opening of each new Congress (every two years). Whole House votes for Speaker, but party line vote. Essentially, the majority elects. Generally chosen from party mainstream. Seniority, geographical balance, diversity important factors

Senate legislation process

Everything the same as House, except Step 4 where rules committee sets rules of debate is gone

Assignment to Committee

Factors Affecting Choices: Pecking Order, Goals- three types of panels: Reelection-oriented Ex: Natural Resources and Financial Services, Policy-oriented Ex: Education, Science, Space, & Tech, Power-oriented Ex: Appropriations Ways and Means

Enrolled measure

Final official copy of a measure as passed in identical form by both chambers and then printed on parchment for presentation to the President.

how assignments are made

Formal Criteria, informal Criteria, Seniority, Biases

select committees

Furthers the careers of individual members. Creates an access point for interest groups. Example: Senate Special Committee on Aging. Supplements the standing committee system: Overseeing and investigating issues and Can draw attention to an issue or problem. Example: Benghazi. Coordinates issues that overlap committee jurisdictions

reports

If the full committee votes to send the bill to the House/Senate, committee staff prepare a report. Emphasize arguments favorable to the bill. Summarize research on the bill. A good report both explains and persuades. Bills typically technical, therefore reports aid understanding and seek to foster support

Cue Givers

Impossible to be informed on all issues. Rely on colleagues to make up their minds: Representatives specialize and Form trusted relationships to gain information on legislation. If they are generally in agreement, more likely to support (or oppose)

Motion to Recommit

In the House, a motion offered by a member of the minority party at the end of floor consideration that would return the measure to legislative committee. If combined with "instructions to report back forthwith," the motion effectively provides one last opportunity for a minority party amendment

Suspension of the rules

In the House, a procedure that streamlines consideration of a measure with wide support by prohibiting floor amendments, limiting debate to 40 minutes, and requiring a two-thirds majority for passage

Unanimous Consent Agreement

In the Senate, a proposal that, if agreed to, establishes the procedural guidelines for considering a measure or matter on the floor. If any member objects to such a request, it is not agreed to

filibuster

In the Senate, the use of dilatory or obstructive tactics to delay or block passage of a measure by preventing it from coming to a vote

general leadership powers

Leadership in Congress weaker than in other nations- Possess mostly carrots (inducements), and few sticks (punishments); Primary powers: Committee assignments (through steering committees) and Agenda setting (often negative). Leaders also have greater: Media access and Fundraising capabilities

Legislative Process step 1 in the House

Legislation introduced: The legislation is dropped in the hopper

Legislative Process step 5 in the House

Legislation is scheduled, debated, and voted on the floor: Subject matter determines the calendar. Committee of the Whole used to expedite debate. 218 (50%+1) members must approve most legislation; some require ⅔ vote. vote on amendments first, then main measure

Legislative Process step 2 in the House

Legislation referred to a committee: The legislation is referred to a committee (or committees) by the Speaker. Must be referred to a committee of jurisdiction. Multiple referrals possible (more likely in House)

enrolled bill

Legislation that has been passed by both houses of Congress in identical form, signed by their presiding officers, and sent to the President for signature.

subcommittee in House

Limit of 5 subcommittees per committee. A few committees allowed more (Appropriations has 12)

Policy School

Members care equally about good public policy

Electoral School

Members care more about reelection

Ideology and Voting

Members of Congress are ideologues: They are typically right or left of center (and increasingly strongly so). Congress has become more ideologically polarized over time: More gridlock (fewer members to compromise). However, increasing split on the right and left: Tea Party vs. establishment, Progressive wing vs. moderate wing

bills

Most legislative proposals are in this form. Designated H.R. (House of Representatives) or S. (Senate). Depends on where they originate

distinctions in the dual and dueling congress

National vs. local interests, "Hill Style" vs. "Home Style," Trustee vs. delegate, Constituents vs. colleagues, Personal ambition vs. sound policy

subcommittee in Senate

No limit, but Senators can only chair 1 subcommittee per committee. often = # of majority party members per committee

diff b/w joint resolution and bills

No significant difference. However, latter generally deals with limited matters

parliamentarian

Nonpartisan staff officials who provide expert advice and assistance to the presiding officer and to members on the application and interpretation of chamber rules, precedents, and practices

engrossed

Official copy of a measure as passed by one chamber, including the text as amended by floor action

Presiding officer of the Senate

Officially: Vice President, But only presides on ceremonial occasions or to break a tie. Officially, in VP's absence: President Pro Tempore, Typically longest-serving majority party member. In practice: majority party junior senators, About a dozen senators serve for about an hour per day, Helps them to become familiar with Senate procedure

House Majority Leader

Organize the House's floor schedule, Serve as principal party strategist/spokesperson, Monitor the House floor

party and voting

Party affiliation is the strongest single predictor of voting. Party unity has increased over the past several decades: Parties now better sorted, more ideologically homogeneous. Leadership likely also plays a role (albeit smaller): More opportunities for new members and Cartelization of power

informal criteria for assignments

Party loyalty, Geography, Substantive expertise, Gender, Electoral vulnerability

Determinants of Voting

Party, Ideology, Constituency, The President, Cue-Givers

Veto

Presidential disapproval of a bill or joint resolution presented to him for enactment into law. If a president vetoes a bill, it can become law only by ⅔ vote in the House and Senate

Senate Majority & Minority Leaders

Relatively new development (early 20th century)- Not very powerful until LBJ assumed role in 1955. Fewer tools available to Senate leadership: No rules committee and Unlimited debate (promotes individualism). Minority's primary goal is obstruction: Easier in Senate than House

core theories of party in Congress

Responsible Party Theorem, Conditional Party Government Theory, Procedural Cartel Theory, Pivotal Politics Theory

Legislative Process step 4 in the House

Rules Committee sets rules of debate: The Rules Committee issues rule of debate-- most commonly open, closed, or modified

Primary leadership activities

Scheduling floor business, Consulting the president. Organizing the party, Promoting party unity, Publicizing party views, Providing campaign assistance

senate whips

Similar role as in House, though arguably more difficult

Multiple Referrals Increasingly Common in House

Speaker designates primary and secondary committees. In Senate, requires unanimous consent (rarely used)

biases in assignments

Substantive nature of committee can result in preference outliers. Ex: Rural/farm districts over-represented on Agriculture Committees. Liberal/conservative balance affected by new members: Strategic when appointing new members and Committees that become more conservative/liberal than the chamber are more likely to have legislation defeated

Conference Report

The document presenting an agreement reached by a joint temporary committee appointed to negotiate a compromise between the House and Senate

cloture

The method by which a supermajority (typically, three-fifths) of the Senate may agree to limit further debate and consideration of a question (e.g., a bill, amendment, or other matter)

the speaker of the house

The only Congressional leadership position stated in the Constitution. Not required to be a House member (but all have). Past speakers typically: Had long careers (20+ years) before serving, Hold position for as long as party in majority, Ryan is an exception. No open challenge for Speakership since 1923

markups

The process of deciding on the bill's actual language. House requires the public posting of the draft bill prior to and any amendments added during. session must be open to the public. Some committees follow parliamentary procedure, others less formal. Meeting by a committee or subcommittee during which committee members offer, debate, and vote on amendments to a measure. amend legislation

Germaneness

The requirement that an amendment be closely related to the text it proposes to amend. House rules require amendments to be this

Purposes of Hearings

To explore the need for legislation, To build a public record in support of legislation, To publicize the role of committee chairs, To provide a forum for citizens' grievances and frustrations, To educate lawmakers and the public on complex issues, To raise the visibility of an issue

party ratios of standing committees

Typically, ratio in the chamber= ratio in committee. Example: Reps control about 56% of House Seats, Dems 44% ○ 20 person committee = 11 (20*0.56) Reps, 9 (20*0.44) Dems. Majority party ratio higher on important committees. Rules Committee: 2:1(+1); House Administration (2:1). If disputed by minority, majority has the votes to prevail

legislation calendars

Union, House, Corrections, Private, Discharge

seniority in assignments

Used to be a much larger factor, particularly in determining chairs/ranking members. House Republicans follow most rigidly-House & Senate Dems, and Senate Reps not so rigid. Often a "tie breaker" when multiple members competing. Republicans in House & Senate enforce six-year limit on chairs

open rule for legislation

allows amendments

modified rule for legislation

allows some amendments. common examples: Those offered by committee of jurisdiction, Those specified beforehand, Those that affect specific sections of bill

partisan theory

committees are agents of their party caucuses and expected to support their party's programs. Committees should work to advance their own party's legislative goals and inhibit the goals of the opposing party

the dual and dueling congress

congress as an institution and congress as 541 individuals

Public bills

deal with general questions

Private bills

deal with individual matters. Ex: Immigrations & naturalization cases, claims against the government, land titles, etc.

resolutions

deals with matters entirely within the prerogatives of one chambers. Designated H. Res or S. Res. Does not require passage by the other chamber or presidential approval. Typically deal with the rules of one chamber or to express sentiments of one chamber

closed rule for legislation

disallows amendments

3 theories for why committees

distributive theory, informational theory, and partisan theory

reelection rates

from 1950 to 2016: house rate over 90%, senate rate ranges from 67% to 91%

congressional approval

has as a whole gone down since 9/11, sort of steady from 1974 to 9/11 where it went up, has been lower than the president

implicit bargaining

legislators take actions designed to elicit certain reactions from others, even though no negotiation has occurred

Distributive Theory

legislatures create committees to give lawmakers policy influence in critical areas related to their constituency. Lawmakers can "bring home the bacon". Preference Outliers

informational theory

legislatures create committees to provide lawmakers with specialized expertise required to make informed judgments. Division of labor - creates specialists. Primary goal of committees is to formulate national policy. Committees contain diverse membership with wide-ranging perspectives (rather than preference outliers)

joint committee

made up of members of both chambers

Fenno's Paradox

most individuals disapprove of Congress, but approve of their member of Congress (if of the same party)

privileged motion

motion that is granted precedence over ordinary business because it concerns matters of great importance or urgency

concurrent resolution

must be passed by both chambers but does not require presidential signature. Does not have force of law. Designated H. Con. Res. (House) or S. Con. Res. (Senate). Generally used to make or amend rules applicable to both chambers or to express a joint sentiment

Explicit Bargaining

negotiation has occurred and each side gains something (whether in the legislation or otherwise)

three rules for legislation in debate in house

open, closed, modified

referral to committee

overlapping jurisdictions and Multiple Referrals Increasingly Common in House

pivotal politics theory (Krehbiel 1998)

parties don't matter. Two observations: Gridlock is the norm (divided government or not) and Bills often pass with greater than a minimal majority support. Conclusion: Parties don't matter-Rather, individual legislator preferences do

Procedural cartel theory (Cox & McCubbins 2005)

parties matter all of the time. Power in Congress r (primarily over the agenda) is tightly controlled. Parties consist of junior and senior partners; senior partners have more power. Power comes primarily through negative agenda control

Conditional party government theory (Rohde 1991)

parties matter sometimes. Parties will empower their leadership, and be more effective when: Within party agreement is high and Between party agreement is high. IF partisans share common views (within-party agreement) AND IF the opposition party has sharply different views (between-party disagreement),THEN parties grant leadership greater power

polarization

parties' mean ideological positions move toward the extreme ends "poles" of the political spectrum

standing committee

permanent, created by public law or House/Senate rules

pocket veto

president's power to kill a bill, if Congress is not in session, by not signing it for 10 days

conference committee

reconcile differences between House and Senate bills. consists of members of both chambers

joint resolution

requires approval of both houses and the president's signature. Has the force of law. Designated H.J. Res (House) or S.J. Res (Senate). used to propose constitutional amendments

preference outliers

self-selection onto committee results in homogeneous preferences for benefits to their constituents; these do not align with the heterogeneous views of the chamber

types of committees

standing, select, joint, conference

select committee

temporary panels that (typically) disbands at the end of a Congress. Some permanent (e.g., House Permanent Select Intelligence Committee). Typically do not have legislative authority unless specifically granted in authorization measure

Responsible Party theorem

the benchmark/ideal. Parties campaign on a distinct platform. Parties attempt to fulfill those platforms once in office. Voters hold parties accountable for fulfilling their promises. electoral school and policy school