LegProc

"The Lost Senate" Rogers

"A personal relationship is what allows you to go after someone hammer and tongs on one issue and find common ground on the next" There are no personal relationships between Senators anymore because they aren't forced to spend all of their time in Washington anymore. They can leave and they often choose to do so "the past 30 years have witnessed a growing alienation among senators, compounded by the polarization of American Politics and the media" They speak to the camera rather than each other and because of this they are alienating each other and the Senate is not intimate or the 'right size' anymore "Richard Fenno's Theory of Congressional Committees" Aldrich et al. There is a fourth goal that drives MCs and that is attaining and maintaining the majority Winning majorities always have benefits in terms of accessing power in the House and realizing good public policy Parties are developing more specific policy reputations and those reputations are playing a role in reelection The collective reputation of the party affects members' reelection and also in the definition of 'good public policy'

Bicameralism

a two-chambered legislature follows the British model and adopted by most states Great Compromise the convergence of the Virginia (apportionment based on population) and New Jersey (equal representation) plans in the Constitutional Convention also adopted ⅗ compromise to count "all other persons" for apportionment and taxation result gives larger states more power in the House and smaller states more power in Senate

Credit-Claiming

acting so as to generate a belief by constituents that the MC is personally responsible for causing the government to do something they consider desirable individual, not partisan, accomplishments

An institutionalized organization has three major characteristics:

bounded, complex, SOPs

Why did southerners defect?

the South was a strong Dem base, but FDR's national strength weakened the power of the South in the Democratic Party. What was the common ground between R and Southern Dems? R wanted to limit spending by the federal government and SD wanted to thwart civil rights So, SD gave R votes to strike down progressive economic legislation, R gave votes to strike down civil rights legislation

Obama Years

"Great Recession" cont. stimulus, more bailouts campaign promises fulfilled troop surge, healthcare reform Budget Control Act (2011( raised debt ceiling created "super committee" to devise 10-yr budget to reduce deficit and restore surplus return of sequestration (across the board spending cuts) unprecedented funding of government by CRs

"The American Public's View of Congress" Author: John Hibbing and Christopher Larimer

"In this essay we argue that such disapproval stems not from calculated reaction to policy outcomes or partisan attachments. Rather, people tend to disapprove of Congress for exactly the thing it was designed to be: an open and deliberative lawmaking body. The more Congress does its job, the more the public tends to disapprove" partisanship is relevant to fewer people than thought; partisan control does not determine their attitudes toward Congress approval of Congress and of POTUS move in tandem even during divided government even if Congress does not cause a major problem (like gas prices) it is still blamed for them the public is stupid and because of that the internal happenings of Congress rarely if ever affect approval ratings Congress is seen as ambitious and self-serving The public needs to realize that policy disagreements are not Congress failing to do its job

Bounded

"It is relatively well bounded, that is to say, differentiated from its environment" It can easily be identified as its own entity and the members are identified in the same manner

Conclusions

"It seems reasonable to conclude that one of the main long-run changes in the US House has been toward greater institutionalization"

Congressional Leadership

"Strategy of Inclusion" e.g., expanded whip organization helps leaders gather info, build support, promote party unity Principal-Agent Theory Party leaders (agents) act on behalf of the rank-and-file (principals) MCs delegate authority to leaders to overcome collective action problems of legislating "Service Leadership" notifications; analyses; media assistance; scheduling Fluctuations in Party Power Strong Speaker (c. 1900) "Czar Reed" ---> Overthrow (1910) "Uncle Joe" Cannon ---> Decentralization (1930s-50s) Conservative Coalition ---> Transformation (1960s-70s) 1958 Election ---> Republican Revolution (1994) Newt Gingrich Theories of Party Leadership Party Cartel Theory (Cox and McCubbins) The majority party operates a monopoly on the drafting, amending, and passing of legislation Cooper-Brady Theory As party cohesion increases so will centralization of leadership Conditional Party Government Theory (Rohde) Cooper-Brady Theory and considers the style of individual leaders

The Growth of Internal Complexity

"streamlining" of 1946 consolidated committees that overlapped or had similar functions "growth of internal complexity can be shown in three ways: growth in autonomy and importance of a committee, in the growth of specialized agencies of party leadership, and in general increase in the provision of various emoluments and auxiliary aids to members in the form of office space, salaries, allowances, staff aid, and committee staffs"

"Senate Styles and Senate Decision Making, 1955-1980" Author: Barbara Sinclair

"the institution is thought to have moved toward a more equal distribution of influence towards allowing the individual member greater latitude" Bills are contentious and the more roll call votes called on it the more likely the votes are to be close The amount of amending activity has increased over time. Most of the increase in amending activity is amendments that pass or fail by wide margins so increased activity is mainly symbolic social welfare makes up the majority of the agenda now floor participation increased and it was increasing in freshman MCs rather than seniority making all of the actions specialization decreased, apprenticeship norm died off...but some still followed it, mostly divided by region increased activity and generalization trended together chairmen specialize more than avg MCs "Once a bill is approved by committee, it taken up on the floor and comes to an up or down roll call, its chances of passing are extremely high." Purposive Behavior Framework: MCs style is a function of the interaction between his goals and the environment. His goals will determine how he acts. Floor activism worked as an agenda-setting and policy incubation activity to contribute to policy goal attainment. generalization leads to staff growth

Complex

"the organization is relatively complex, that is, its functions are internally separated on some regular and explicit basis, its parts are not wholly interchangeable." roles within the organization are well defined and they are interdependent. The organization has a specific set of rules and procedures that all work together to make the organization run well

Standard Operating Procedures

"the organization tends to use universalistic rather than particularistic criteria, and automatic rather than discretionary methods for conducting its internal business the rules are set in general and do not change on a case by case basis

Campaign Finance

1971, Federal Election Campaign Act (FECA) required reporting of and limited campaign contributions and expenditures established FEC Buckley v. Valeo (1976) SCOTUS declared campaign spending the equivalent of political speech and this overturned FECA limit on campaign expenditures "Millionaire's Loophole" "Soft money" loophole Funds contributed to parties for party-building purposes but which were funneled to candidates 2002, Bipartisan Campaign Reform Act (BCRA) (McCain-Feingold Act) banned soft money contributions to parties raised limit on contributions to candidates ($2600) restricted "electioneering communications" by corporations and unions Citizens United v. FEC (2010) struck down BCRA restriction on ads by outside groups (1st amendment) Super PACs make no direct donations to candidates/campaigns free to raise and spend unlimited amount from individuals, corporations, and unions 501(c) public advocacy groups whose primary purpose is not electioneering can raise and spend unlimited amount to "promote social welfare" are not required to report donors

Republican Revolution

1994 - first time in over 40 years that Repubs had majority in House Contract with America within first 100 days, a Repub majority pledged to vote to... reform procedures require balanced budget increase funding for some programs decrease funding for others term limits for MCs Path to Republican Revolution Dem dominance majority party in US since 1932 had controlled House almost uninterruptedly since then (exceptions 1946 and 1952 elections) Republican strategies 1983, conservative opportunity society to force position taking on social issues 1988, GOPAC to fund "farm team" at state and local levels 1992, to create a wedge between Clinton and Congressional Dems Formation of the Contract Conference in January 1994 focused on 5 politically conservative values: individual liberty, limited government, economic opportunity, personal responsibility, security Gather support among MCs as well as electorate survey Congressional Repubs and Repub candidates check public opinion polls (60-70% approval) Highlight differences not only by criticizing Dem rule but also by providing alternatives 1994 Elections Repubs won majority in House for first time since 1952 defeated Speaker Tom Foley 2 senior committee members 31 Dem incumbents 230-204 majority 52 seat gain was largest partisan shift since '48 picked up 19 seats in South Republican Revolution Created strong speaker in Newt Gingrich (R-GA) allowed speaker to appoint and remove committee chairs gave speaker power over Republican committee assignments generally enhanced Speaker's procedural and administrative power

George W Bush Years

9/11 airline bailouts, homeland security, wars president proposed tax cuts as a way to stimulate economy, but these shrunk revenue → deficit "Great Recession" → greater deficit

George HW Bush years

Budget Enforcement Act (1990) PAYGO, "Pay as you Go": any tax reductions or increases in spending in one area had to be offset by tax hikes or spending reductions to another area Recession meant less tax revenue Reversed campaign pledge ("no new taxes")

"Congressional Leadership of War Opinion: Backlash Effects and the Polarization of Public Support for War" Kriner

Citizens process elite cues when decided on certain issues; they use these cues to update their consideration on an issue...this update doesn't always reflect the appeal heard from elites Trusted sources share a mass public's basic political beliefs and orientation Surprising sources do not agree with the individual's political beliefs Dems are receptive to trusted cues Backlash effects are concentrated in people who took in competing considerations on the war Increased polarization in parties about war leads to increased polarization in the mass

What Transformed?

Committees and chairmanship "Johnson Rule" junior members got preferred seat before senior members got second seat increase in personal staff floor became more important for decision-making Apprenticeship and specialization immediate committee assignments meant no need to work one's way up the seniority ladder staff meant senators were free to pursue a variety of interests Courtesy and institutional preservation discord and vocal criticism Reciprocity explosion of amendments and filibusters Political environment growth of interest groups and expansion of media

Toward Modern CongressThe Conservative Coalition and the Transformation of the Senate

Conservative Coalition emerged in the context of the Great Depression and FDR's election and Dem majorities in Congress The New Deal threatened many conservatives in Congress: "an utterly dangerous effort of the federal government to transplant Hitlerism" Conservatives from both parties joined together It met none of the usual criteria of a coalition no official membership no official meetings no whips no committees It existed to block legislation rather than to offer alternatives

Congress: The Electoral Connection Mayhew

Credit claiming: acting so as to generate a belief in a relevant political actor (or actors) that one is personally responsible for causing the government, or some unit thereof to do something that the actor(s) consider desirable Credit can be found in Washington

Georgia v. Ashcroft (2004)

Dem controlled GA legislature passed a redistricting plan that would have diluted many of the state's majority-minority districts GA repub governor objected citing VRA of 1965 States can reduce the number of blacks in majority-minority districts, if they offset the reduced voting strength

Orchestrating Party Talk: A Party-Based View of One-Minute Speeches in the House of Representatives Harris

Dems and Repubs have organizations in Congress that set the message: DMB (Democratic Message Board) and the Republican Theme Team...their main job is to organize the one-minute speeches The Majority in the House sets the schedule of the speeches Leadership sets the messages sent out from the groups Safe members are less likely to be on message Electorally vulnerable members are likely to be on message and garner the support of party elites Moderates give speeches that are not party-inspired This study supports the conditional party government view because members who are closer to the ideology of leadership are more likely to support party message and extremes are less likely to support party message

The Tea Party and the Remaking of Republican Conservatism Authors: Theda Skocpol and Vanessa Williamson

Did the Tea Party affect the 2010 midterm elections? Short answer: kinda The media paid so much attention to them so their policy stances were very common knowledge and easy to gather around; they also called a lot of voters to the polls BUT these voters are the same demographic as those who already turn out for midterm elections They inspired so many grassroots movement across the country that have worked to make the Republicans in office scared of them. They contact them mercilessly when they vote the wrong way and threaten to thwart their reelection if they do not start acting like a Republican. Some races were almost forfeited because the TP candidate was not appealing to the general public, but won the party primary due to scare tactics The TP is causing the extreme polarization between Republicans and Democrats and even between Repubs and moderate Repubs or Independents. They are alienating themselves and exactly zero shit is getting done because of it.

Clinton Years

Divided government with new Republican Majority Repubs strategized to get Clinton's signature for their budget (greatly reduce spending on social programs); refused to pass "must-pass" legislation Appropriations bills Debt-Ceiling increase If neither passed, government would shut down and he wouldn't do that ...oh, yes, he did! TWICE! public blamed Republicans, not president 14 continuing resolutions in second term, economy boomed, which led to increased tax revenues → surplus!

The Legislative Process How a Bill Becomes a Law Introduction of Legislation

Drafting By MCs and staff executive branch officials interest groups Introduction in House and/or Senate sponsorship numbered H.R.###, S.### Referral to Committee multiple referral jointly, sequentially, split bills into parts committee actions (set aside and write new) assign to subcommittee hold hearings (anyone can testify) conduct markups vote to report it out Scheduling House Rules Committee open (any/all) closed (none) special rule (how many/how) Unanimous Consent Agreement in Senate contract that specifies how bill will be treated on floor like rule, it limits debate and specifies which amendments will be offered, when, and by whom On the Floor in House, Committee of the Whole as specified by rule in Senate, as specified in UCA Final Vote House rises from Committee of Whole and takes final vote Senate votes when scheduled by UCA Conference Committee members of both parties from both House and Senate produce Conference Reports which are voted up or down on floors of both chambers General Principles Process is fair but not neutral Process is serial, thus favors opponents Process is a timed game Process, as much as partisanship, produces gridlock Process is loaded for defeat

The path dependent development of Congress

Early Legislative history colonial legislatures continental congress confederation congress Articles of Confederation, 1781 States were dominant; Congress was weak could not regulate commerce or raise taxes changes to charter required unanimity Constitutional Convention, 1787 Legislative Principles in the Constitution

Congressional Elections Factors affecting candidate emergence

Eligibility Formal requirements US Constitution Informal requirements must fit the local political culture Personal Family Career Ambition Timing Presidential elections produce "coattail effect" or the ability of the dominant presidential nominee to attract voters to congressional candidates of the same party encourage the election of unified government irregular, but has declined since mid-century Midterm elections turnout is lower (usually less than 40%) "withdrawn coattails" (Except 1998 and 2002) Exposure theory: seats not ordinarily won by majority party are now vulnerable to national trends Ideological balancing theory: fearful of concentrated power, Americans deliberately elected divided government Access limits political entrepreneurs Resources manpower money $1.6m = avg cost of House campaign $10.5m = avg cost of Senate campaign

Types of Representation Collective Representation

Even if my MC doesn't vote for my policy preferences, my views might still be represented in Congress - just by another MC! Differences between individual members and districts or states are washed out in the collective Individual representatives might be weak even as collective representation is strong

"Minority Chairs and Congressional Attention to Minority Issues: The Effect of Descriptive Representation in Positions of Institutional Power" Author: William Ellis and Walter Wilson

Examins whether or not minorities being in a leadership position affects the passing of minority issues hearings chaired by minorities are more likely to address civil rights, social welfare, and housing issues "These findings confirm that descriptive representation in positions with influence over committee agendas facilitates institutional power by black and Latino representatives is critical to the functional representation of minority interests" It's not enough to get minorities in Congress, they have to be in a position of power in order to get substantive/objective issues on the agenda

Budget Act of 1974

House and Senate Budget Committees write budgets to complete with a President's Congressional Budget Office (CBO) non-partisan, expert information Created a process President sends his budget to Congress in Jan. Congress creates its budget in May during summer, Congress writes authorizations and appropriations in September, reconciliation to joint presidential and congressional budget (by end of FY Sep 30) Authorizations and Appropriations Authorization: establish a program Appropriation: fund a program that is authorized Annual: to fund annual budget Supplemental: emergency spending Continuing: to continue funding national government when there is not agreement by Sept. 30 House and Senate Appropriations Committees 12 subcommittees covering major departments of government Deficit → Surplus → Deficit

Party Committee

Intersection of organizational structures Campaign Committees House DCCC, NRCC Senate NRSCC, DSCC Policy Committees set legislative agenda for congressional parties publish summaries of pending legislation; issue daily agendas; prepare talking points House Republican Policy Committee leadership + 5 key comm chairs + regional reps + class reps + appointees by party leader Democratic Policy and Steering Committee Senate Republican Policy Committee Dem Policy and Communications Committee Steering Committees make committee assignments House Repub Steering Committee Dem Policy and Steering Committee combines policy and committee assignment functions Senate Repub Committee on Committees Dem Steering and Outreach Committees combines committee assignment function with community organizing Subcommittees Division of labor Specialization Weighted to majority party More important in House than Senate Joint Committees made up of members of both House and Senate exist to conduct studies, produce reports, and to work with relevant standing committees e.g., Joint Committees on Taxation Conference Committee Joint committee temporary reconcile differences between House and Senate versions of bills wide discretion, operate in secret; not public information Committee Assignments Assignments depend on: number of vacancies number of members competing for each spot party rules and number and type of assignments each member may hold e.g., Senate Republicans, a senator may sit on no more than 1 "Super A"; no more than 2 "A"; no more than 1 "B". No limits on "C" Committee Positions Chair=leader of majority party on committee ranking member=leader of minority party on committee subcommittee chairs ...in many cases, these positions are selected according to seniority (although not a guarantee as parties may override seniority!)

Congress and Courts: The Ultimate Veto Courts in the legislative process

Judicial Review courts may declare ANY act of ANY level of government unconstitutional [Marbury v. Madison (1803)] sparingly used...but that may be changing... Changing interpretation of Commerce Clause (Article I, Section 8) from limited to expansive interpretation Desegregation US v. Lopez (1995) Affordable Care Act Politics of Statutory Interpretation Difficult decisions language of laws are imprecise inconsistencies among laws evolving circumstances to which laws must be applied MCs and presidents disagree over meaning and intentions How to judge? text and text alone objective or purpose of statute interpret and reinterpret as contexts change legislative histories - collection of documents related to passing of a law Judges as policymakers congressional activism made for judicial activism 60s and 70s created new civil rights, consumer rights, broadened eligibility for entitlements, set new health, safety and environmental standards new interests begat new IGs to press for more congressional deference makes for judicial decisions as MCs dodge certain shit, courts have to take it up Congressional resources and strategies control over structure of federal judiciary "establish inferior courts" district trial courts → circuit courts of appeal → supreme court limit appellate jurisdiction alter size write the annual budget Constitutional amendment ⅔ of House and Senate to propose, ¾ of states to ratify judicial impeachment judicial appointment respond by passing more legislation

Thornburg v. Gingles (1986)

Legislative districts may not discriminate (even unintentionally) against racial minorities Effectively requires districts to be drawn inasmuch as is logistically feasible, to create majorities of racial minorities "Majority-Minority Districts"

Unorthodox Lawmaking Sinclair

Many practices in Congress are becoming unorthodox and making the passing of legislation more difficult and involved The UCA and House rule have changed an otherwise normal, deliberative process into a choreographed game that the majority party leads "Filibustering and Parties in the Modern Senate" Gregory The right of any senator is the central institution of the chamber Increased partisanship (not a conscious decision) is what has led to the demise of the simple majority Senate to the filibuster era Things will go unaddressed if there is not enough consensus from the Senate Legislative Effectiveness behavioralism-emphasized scientific method relies on fact-value dichotomy (you can separate facts from values) research questions focus on values (effectiveness) "Legislative Effectiveness and Representation" Volden and Wiseman Legislative Effectiveness: a legislator's proven ability to advance his or her agenda items through the legislative process and into law There is no generally accepted rule or metric to measure legislative effectiveness Both vulnerable and safe seats are not the most effective Legislators implicitly believe that their effectiveness in Congress is valued by their constituents Majority party members and committee chairs are more effective Senior minority party members are about as effective as the average majority party member Minority leader and Speaker of the House have lower LES Women have higher LES than men African Americans have lower LES than whites "When are Women More Effective Lawmakers Than Men?" Volden and Wiseman Women are more effective than men Women in the minority are more effective than women in the majority This is because women are better at building coalitions Women produce more legislation than men because collective representation Being a chair increases effectiveness Job Description: Voting Typology of MC Behavior Congress: The Electoral Connection by David Mayhew Assumes MCs act to get reelected (the underlying goal of all others) How to get reelected? advertising credit-claiming position-taking Advertising any effort by MC to disseminate his name among constituents get name out create brand name emphasize personal qualities, not issues Position-Taking a public commitment on policy or issue voting, speeches, op-eds, newsletters, etc. seek to take positions while maintaining flexibility e.g., vote in favor of bill in committee, but against floor e.g., vote in favor of amendment, but against final bill ...but be wary of the "flip-flop" trap! force the opposition to go on record H.Res. 571, 109th Congress Strategic Choices "yea" or "nay" delay or switch wait to see before casting a vote (allows MC to jump on bandwagon) cast a vote, then switch it before voting closes (allows MC to satisfy constituent concerns if party doesn't need his vote to carry win) absence not present and not voting (may or may not indicate position advance) present--not voting avoid going on record on unpalatable (but if overdone, it reeks of weakness) pair one who would have voted "yea" joins with one who would have voted "nay" and they both agree not to vote (neither harms not advantages either party) How to Vote voice vote "all in favor, say "aye," all opposed say 'no'. The 'noes' have it and the motion is rejected" recorded vote electronic voting in House roll call in Senate How to Find Meaning in Votes Congressional Record THOMAS CQ party vote: a vote in which a majority of Republicans oppose a majority of Dems measure of party polarization Party Unity Score: percentage of times a MC votes with his party measure of individual partisanship Interest group ratings hand picked and greatly skewed used to allocate campaign support DW-NOMINATE Scores www.voteview.com -1 (liberal) to 1 (conservative) comparable over time measure ideological polarization of parties and ideological drifiting of MCs

Descriptive Representation

Means that MCs serve as role models or symbols If sociological, ideological, educational, occupational, gender, or racial characteristics have political implications, then a representative should exhibit these traits of his constituents. "An exact portrait?" In the House... 79 women 40 African Americans 31 Hispanics 10 Asian Americans In the Senate... 20 women 2 African Americans 4 Hispanics 1 Asian American African Americans comprise 13% of the US population but 9% of House and 2% of Senate Partisan gerrymandering creatively drawing district lines on the basis of party ID Racial gerrymandering creatively drawing district lines on the basis of race Both are premised on wasting votes, either by over-concentration or dilution Gerrymandering Strategies "Packing": to fill a district with many voters of one type to create a safe seat (offensive strategy) Maryland, 3rd district "Pinwheel of Death" OR to compress voters of one type into as few districts as possible to dilute their influence elsewhere (defensive strategy) Ohio, 9th district "The Mistake by the Lake" "Cracking": to spread as many voters of one type into as many districts as possible to dilute their influence Ohio, 7th, 12th, 15th

Black Faces, Black Interests Author: Carol M. Swain

Objective interests -> substantive representation Subjective interests -> descriptive representation Dems are better on black issues than Repubs Black politicians see packing as less harmful than the other two forms of racial gerrymandering Black representatives tend to place greater importance on casework. It is very rare for a black MC to disregard their casework. This ties back to the black voter's distrust in gov't. They inherently trust a black MC because of the descriptive properties Incumbents' advantage in reelection will allow more black MC to gain seniority

Parties and Leaders Why parties?

Parties coordinate collective action assist in the election of MCs organize members and provide leaders develop legislative positions and unify MCs foundation of coalition-building

"Advice and Consent: The Politics of Confirming Federal Judges" Binder & Maltzman

Partisan politics affects who is nominated and confirmed for court positions Nominations are more often confirmed during times of unified government Blue slips and the courtesy extended to home state senators has become less important in recent decades Senators are able to filibuster nominations...which extends the whole process immensely Opposition might want to save open seats for their party to take control of the nomination process The face that qualifications as defined by the bar association only adds to the effect of judges and these nominated positions becoming more powerful political actors Courts are becoming more important for lawmaking because with the parties polarized as they are today, most issues are taken to the court to decide because the parties can't work them out for themselves in Congress Some people suggest that the increasing political value in judgeship is undermining the positions themselves

"US House Members in Their Constituencies: An Exploration" Author: Richard Fenno

Perception of district as nesting circles, from largest to smallest: geographic: geographic description of constituency re-election: composed of people MC thinks vote for him primary: those who would vote for MC in the primary personal: closest of the close, usually relatives and friends Homestyle allocation of resources trips, staff were Fenno's measures time and money trips to the district are affected by seniority, distance from the district, and where the MC is located South and Midwest like a more personal politician presentation of self qualification, identification, empathy verbal and nonverbal cues produce trust person-to-person issue-oriented explanation of Washington justification voting leeway

Why are incumbents advantaged?

Personal factors resources (staff, travel allowance) casework: nonpartisan activity name recognition Structural factors campaign financing and party support campaign committees (NRCC, DCCC, NRSC, DSCC) PACs Partisan factors redistricting residential self-selection: lifestyle choices

"The Role of Committees in Agenda Setting in the US Congress" Sinclair

Political agenda: the set of problems and policy proposals being seriously debated by the attentive public and policymakers Reelection Committees are sought by MCs who are purely seeking reelection benefits from membership. They answer to groups expecting material benefits and rarely seek out new issues to put on the agenda Policy-Oriented Committees are sought by members whose goal is to participate in making good public policy. They often have difficulty passing their legislation so they settle for setting the agenda. For these committees, the content of the idea, not the source is what is important. Power-Oriented Committees are sought to gain influence in Congress. They act on the issues that one one else wants to touch. They need to win on the floor so they feel pressures from chamber voices. Issue definition also has a profound effect on committee action: whether crime is a law enforcement issue or a social problem is an example.

Congress: The Electoral Connection Mayhew

Position taking: public enunciation of a judgemental statement on anything likely to be of interest to political actors. May take the form of a roll call vote Usually call for governmental ends The position itself is a political commodity

Shaw v. Reno (1992)

Race may not be the predominant factor in drawing district lines White voters may challenge racially-drawn districts if "highly irregular in shape"

"Incumbency, Redistricting, and the Decline of Competition in US House Elections" Author: Alan Abramowitz, Brad Alexander, and Matthew Gunning

Redistricting hypothesis: declining competition is due mainly to the effects of partisan or bipartisan gerrymandering Partisan polarization hypothesis: dem districts have become more dem and repub districts have become more repub and marginal districts are disappearing Incumbency hypothesis: declining competition is due to growing incumbency advantages Voting in House elections is more in line with with voting in Presidential elections "this article indicates that declining competition in US House elections is explained by two major factors: a shift in the partisan composition of House districts and a decline in the ability of challengers to compete financially with incumbents."

Voting Rights Act of 1965

Section 5 requires "pre-clearance" by Justice Department of district maps for states/localities with history of voting discrimination Section 4 established formula to determine which states/localities were subject to Section 5 Shelby v. Holder (2013) invalidated Section 4 bu left Section 5 standing until Congress can rewrite the formula

From Particularistic and Discretionary to Universalistic and Automated Decision Making

Selection of committee chairmen and general leadership has become more automated in that there are now rules for the selection of such members and those seats cannot be stolen from one another by bribes or calling in favors

Norms of early Senate:

Specialization Apprenticeship - new senators were to work their way up Reciprocity - senators should be willing to bargain and keep their word Courtesy - political disagreements should not influence personal feelings

Committees and Subcommittees Workshops of Congress

Standing Committees (permanent) manage legislation Senate=16; House=20 range in size House ranges from 9 to 60 Senate ranges on a smaller scale: 14 to 30 Majority: minority ratio varies according to size of majority Vary in importance...the most powerful... House Ways and Means and Senate Finance House and Senate Appropriations=fund agencies of fed government House Rules Committee draft rules for amendments, floor debates, etc.

Bicameralism Or, How to Cool a Cup of Tea One similarity... Equal power in lawmaking

Stricter set of rules in the House Rule from House Rules Committee limits debate in House Filibuster in Senate protect minority against "tyranny of majority"... but permits minority to extort the majority Germaneness requirement in House amendments must be related in fundamental purpose, subject matter, or committee jurisdiction absent germaneness rule in Senate, any senator can force any issue to the floor on any given bill "poison pill amendments" Greater reliance on committees in the House specialization in House generalization in Senate Repeated interactions in Senate personal relationships, informal deal-making in Senate dogmatic, uncompromising position-taking in House Lower visibility in House House serves local constituencies Senate has a national audience More personal representation in the House House members are more accessible to constituents for casework Exceptions: small-state senators (AK, DE, MT, ND, SD, VT, WY) more contacts for help → higher job approval ratings more federal dollars per capita Terms (2:6) House members are always campaigning greater representation ...but less lawmaking A senator's term is worth more more and better challengers to Senators lower incumbency advantage in Senate Constitutional Power House introduces appropriations Article I, section 7 Senate ratifies treaties Article II, section 2 Senate confirms presidential nominations Article II, section 2 A Convergence? Senate once selected, now elected (17th Amendment) 1913 Senate once ardently egalitarian, now partisan House once limited by shorter terms, now incumbency advantage secures longer terms for reps than those of most senators House once specialized, now active outside of committee assignments

Congressional Elections Factors affecting candidate emergence

Structure size, shape, and make-up of district Competitiveness open seat challenge incumbent? strong primary or strong general election? redistricting? new voters introduce uncertainty Incumbency Advantage Most incumbents run for reelection and win usually 90+% rate in House In 2012, 90+% reelected Incumbency advantage is (relatively) higher in House than Senate usually 70-80% rate in Senate in 2012, 91% reelected Incumbency advantage is growing more incumbents are being elected... 99% reelection rate in 1998, 2000 ...and by larger margins vote share averages 68% for incumbents

Congress and Foreign Policy "An Invitation to Struggle"

The Constitution Says... Article I, Section 8 Article II, Section 2 Powers of Congress in Making Foreign Policy Legislation Issue-specific (e.g., trade bills, economic sanctions, treaties) Procedural: changes the policy-making process itself War Powers Act (1973) demands Presidential consultation with Congress "in every possible instance before introducing armed forces into hostilities" Executive reports to Congress within 48 hours when armed forces are deployed without a declaration of war Nonbinding legislation ("sense of House" or "Sense of Senate" resolutions) H.Res. 571, 109th Congress Power of the Purse Appropriations (both annual and supplemental) Non-legislative tools informal advice public appeals through press direct dealings with foreign governments Criticisms of Congress Making Foreign Policy Congress is ignorant too reelection-oriented institutionally inadequate ineffective imperial BUT is a foreign policy too important to be left to a "lone ranger"--whether Charlie Wilson or President?

Institutions can decay

The Origins of Political Order by Francis Fukuyama Decay occurs when institutions fail to adapt to changing conditions Why do institutions fail to adapt? institutions benefit select individuals/groups these special interests oppose institutional change that would serve the whole but reduce their benefits when decay begins, the American public doesn't see the government as legitimate

Fox News Factor Stupid People

The spread of Fox News made electorates more conservative and MCs had to react to that Shows power of media on voters in campaigns Money, Money, Money

The Establishment of Boundaries

There has been a decline in turnover rate for new members. MCs are staying in office and leadership positions are becoming more influential and meaningful. "Before 1899, the mean years of service of members selected for the Speakership was six; after 1899, the mean rises steeply to twenty-six." The age of the speakers increased over time, now older, more experienced members are selected to be Speaker "development of a specifically House leadership, the increase in the overall seniority of members, and the decrease in the influx of newcomers at any point in time have the effect not only of separating the House from other organizations in the political system, but also of facilitating the growth of the stable ways of doing business within the institution"

The Washington Community 1800-1828 Author: James Sterling Young

There was a large turnover rate in Congress and so MC rarely had strong relationships with one another All of the MC acted differently and had different rep styles depending on where they came from "Power made a community of cultural strangers. And power, shared, was hardly a thing to bind strangers together." No seniority leaders, no Rules Committee, no limits on floor activity. Nothing got done because there was no structure of SOPs The boarding houses further segregated MCs by region. Allegiance to the boarding house was priority. You could not cross your boarding house group. These factions were similar to today's party groups "transformed a national institution into a series of sectional conclaves" "what it takes to govern a people is something quite distinct from what it takes to represent a people; and the needs of rulership are not the needs of constituency spokesmanship"

Leading to Budget Reform

Traditionally, president-centered Office of Management and Budget (OMB) send budget to Congress Congress splits among committees no one oversees the whole Criticisms and Concerns fear of spending and deficits need to reassert institutional authority

The Tea Party Origins (Fall of 2009)

Troubled Asset Relief Program (TARP) = $700B Emergency loans to GM and Chrysler = $20m Annual deficit = $1.4B Debt = $10t Unemployment = 7.8% American Recovery and Reinvestment Act ("The Stimulus") = $787B Bailout of GM and Chrysler = $80B Who are the Tea Party? Methods numbered every TP group with a website plot locations note issue priorities participant observation combined with national survey data Findings 1000 groups across all 50 states disparity on size (larger groups in south) 160,000 very active grassroots Tea Partiers Demographic Traits Repub white male married older than 45 middle-class small business background (or military) church-goers ("teavangelicals") political experience (43%) Ideological Traits VERY conservative identify as independent Structure of Tea Party(ies) NOT a political party a social movement active supporters surround by non-participating supporters lacks a federated hierarchical structure harnessed by political and economic elites (e.g., Koch Brothers) FreedomWorks began in 2004 by Koch Brothers offers logistical support to TPs (including transport to protests) attempting to build state networks Tea Party Express arm of Republican PAC provides campaign assistance and recruits candidates Tea Party Patriots "official grassroots American movement" originally funded by FreedomWorks attempt to connect local groups on national level with annual summit

"Promises Made and Promises Kept" Author: Tracy Sulkin

Why should promise keeping be rare? easy to make promises, even with no intention of keeping them lack of attention from the public Why should we expect promise keeping? challengers can exploit unkept promises reelections require responsibility to district No issue dominates promise making and promise keeping Promise keeping is actually pretty common for vulnerable candidates Senior members aren't as diligent in their promise keeping

Was contract a success?

Yes, there were roll call votes on all 10 agenda items within the first 100 days of 104th Congress 9 of 10 Contract items passed MC term limits didn't...shocker Hard to judge... contract item broken into several bills items were substantially rewritten by Senate Items were reformulated and voted on throughout 4 yrs of Gingrich's tenure Most provisions died in Senate The few which passed were vetoes by Clinton 2006 Dems' "Six for '06" agenda Dems elected to majority in house (233-202) and Senate (51-49) House acted quickly and passed bills on these; most died in Senate; others thwarted by Bush 2008 Obama's coattails Dems in House see 20 seat gain 257-178 2012 Repub "Pledge to America" extend Bush tax cuts abortion guantanamo Repubs won majority (242-193) in House 63 seat gain Added 6 seats in Senate, but Dems still held slim majority

Congress and the President Separation of powers AND checks and balances The president and the legislative process

agenda-setting State of the Union Address Annual budget Veto infrequently used Clinton=37 vetoes in 2 terms Bush=12 vetoes in 2 terms Obama=2 so far infrequently overridden ⅔ vote of House and Senate signing statements memos in which the president offers his interpretation of a law and how he intends to carry it out Presidential Resources public expectations partisan expectations: parties are strong in Congress but POTUS has no control over them staff cycle of decreasing influence: these resources vary over the course of presidential term(s), leading to "lame-duck" status Presidential Strategies prioritizing legislation attracting Congress Inside strategy=bargaining ("power to persuade") Outside strategy= "going public" Congressional Counterstrategies nominations authorizations appropriations committee reports oversight public hearings private audits Government Accountability Office (GAO): nonpartisan, expert staff regularly audit the costs and benefits of government programs and bureaucratic agencies Unilateral action: the silver bullet? Executive Orders an order, carrying force of law, issued by the president to an executive agency directing it to carry out some policy Increasingly used for controversial matters "When Congress Asserts Itself: Examining Legislative Challenges to Executive Power" Taylor the House is more assertive when the majority party is opposite the president it doesn't matter how cohesive the majority party is...divided government increases assertiveness the heavier the workload, the more assertive Congress is the less turnover there is in Congress, the more assertive they will be the larger the margin of victory for a president, the more assertive Congress will be

"Party Government and the Contract with America" Author: Russell Riley

checks and balances president and senate bicameralism, House is popular chamber he Realities of Separated Institutions The Issue Limits of the Contract "artificial solidarity" some had to sacrifice priorities in order to keep on party lines they came back and said they had paid their dues and wanted their time to shine The Individuality of Presidential Accession MCs are going to be ambitious and want to separate themselves from the party in order to make a name for themselves in hopes of a Presidential campaign A Political Culture of Independence MCs vote according to many influences including mainly their own disposition and opinions They may also consider their district's wants and needs

Separation of powers

creates 3 separate branches in structure and in function premised on the independent selection of members of each branch a presidential, rather than parliamentary system prevents a concentration of power "Ambition must be made to counteract ambition." - James Madison, Federalist 51

Article I

delegates specific powers to Congress levy taxes, delare war, regulate interstate commerce enables Congress to generate power elastic clause, Article I, Section 8 "Congress shall have power...to make all laws which are necessary and proper for carrying into execution the foregoing powers"

Particularized Benefits

distributed to a specific individual, group, or constituency distributed in an ad hoc manner in which the MC has a say in the allocation e.g., casework, pork, earmarks

Reagan years

divided government campaign promises to lower taxes and build up military → soaring deficits Gram-Rudman-Hollings Act (1985) annual targets to reduce deficit if Congress doesn't meet target, president sequester funds (impose automatic, across-the-board spending cuts) ...but Congress always met target

"The Institutionalization of the US House of Representatives" by Nelson Polsby Theory of Path Dependence

early decisions mould future outcomes because change is costly

"Elections and the Politics of Pork in the US Senate" Crespin

earmarks make up less than 1% of budget there is a direct relationship between pork and electoral performance it is conditioned upon ideological congruence, constituency size, and the political ideology of the legislator they are valuable to law making as well because they help gain reelection AND pass legislation by building coalitions liberals and moderates receive electoral benefits from earmarks but conservative see little to no effect

Checks and balances

establishes a shared authority Congress passes a law...President may veto...Congress may override veto...SCOTUS may declare law unconstitutional premised on interdependence of branches

Norms are standards for conduct

incorporate a sense of obligation implies that members as a whole benefit from them also implies that there is a cost to following norms norms much cost something, or else they aren't necessary; but they mustn't cost too much or else they become punishment

Why Transformation?

new members had to fulfill a campaign promise they were elected on President Eisenhower's coattails in 1958, and many couldn't be assured of easy reelection. They had shortened time horizons. complying to norms was too costly

Characteristics of Congressional campaigns

organized permanent candidate-centered: homestyle localized "run for Congress by running against it!"

Congress and the People

our democracy requires representation too large, varied,diverse to rely on direct democracy Apportionment Different methods of representation between House and Senate At-large districts are states where the whole state acts as one large district Districts tend to be localised and homogeneous they are not fixed, House apportions every 10 years with the census Wesberry v. Sanders 1964: one person, one vote population size divided by 435. currently 711k in each constituency 1913 amendment for direct election Edmund Burke delegate and trustee "He should act as a trustee of interest not simply a delegate" Delegate - follows opinions of constituents regardless of their own opinions. Requires close contact with district. Puts burden on the people. Trustee - try to act in best interest of constituents in correspondence with national interest. Act on wisdom and expertise. "guardianship" no MC is purely delegate of trustee..they all fall on a spectrum they may act on solid, vocalized issues as a delegate, but when the district is silent the MC can be a trustee voting may be how MC represent district in policy, but casework is another road of representation allocation is another way of this - bringing money, jobs, endangered projects back to district symbolism - frequent newsletters, visits, ribbon cutting homestyle - the way in which MC present themselves to their district

Institutions: set of rules or norms that

promote cooperation among a defined group of actors limits the individual freedom of choice of any single actor

Institutions are designed

reflects the ideas of the actors who create them reflect the contemporary political context

Functions of COngress

representation James Madison, Federalist 10 lawmaking to make laws for the public good these functions operate in tension: MC serve individual districts and states, yet they must act collectively to make laws for the nation as a whole

Election of 1958

social change broke the back of Conservative Coalition in the Senate arrived a significantly large class of Dems...northern, liberal Dems

Select Committees

temporary, without legislative authority symbolic value (e.g., aging, hunger, global warming) exception=Select Committees on Intelligence in House and Senate "Permanent Select Committee on Intelligence" stay at select because they are specific and use classified information