Congress

1. Congress POSC 121Braunwarth

2. U.S. Congress

3. Theories of Representation • Delegate: Representative votes according to wishes of her constituents • Trustee: Representative votes according to her conscience and best judgment • Which is more appropriate? • Which would the Federalists and the anti-Federalists favor?

4. Theories of Representation • Delegate might seem more democratic but wouldn’t a representative have better information and a better understanding of the situation? • Isn’t there another way? • Politico: Representative votes as Delegate on issues vital to reelection and as Trustee on all other issues • Probably what most typically occurs

5. House of Representatives Two-year terms: always running for re-election Smaller Districts: more likely to be dominated by whims of local majority Much more Reactive More “Rough and Tumble” More partisan fights Gridlock often leads to personal character attacks

6. U.S. Senate • Six-year terms: can take a more long-term perspective • Statewide Districts: greater variety of groups and interests • More insulated and thus more concerned with interests of nation as a whole • More Collegial • Both houses practice the norm of courtesy

7. Committee Work • Most work in Congress occurs in Committees • This is where legislation is “marked up” and testimony is heard • Partisan majority is determined by majority in the larger house • Committees cover particular subjects and are staffed by representatives with interests in those areas • Standing committees are permanent, ad hoc committees are created as needed. • Organization by topic increases expertise and facilitates work with lobbyists • Committees have professional staff with expertise in the relevant area • There are a lot of “turf” battles over who has responsibility for various issues, • people respect each others turf through norm of reciprocity

8. How a Bill Becomes a Law • This is a long, difficult process • Bills must jump through a lot of hoops • hearings, lobbyists, and legislators at the subcommittee, committee, and the floor • then the same thing in the other house • differences must be worked out in Conference • the president must then sign it into law • I’m Just a Bill • The central point is that it is easier to stop legislation than pass it • Congress will also add “riders” to unrelated bills

9. The Filibuster • Check out the "Planet Money" radio show on the topic of the filibuster. • Is the filibuster a good thing? • The following slide has some ideas to get you started. 

10. - Should the filibuster be reformed?  If so, how? - Does the filibuster, and corresponding congressional gridlock, contribute to the poor public perception of Congress and should that matter? - Is it better for the legislative branch to work more or less efficiently?  Why? - Does this topic have any implications on whether our government better represents the interests of the masses or the elites?   - Do practices such as these make our government more or less democratic?

11. “All Politics are Local” or“Why we hate Congress but love our Representative” • According to polls, Americans hold Congress in low esteem as an institution • But, they re-elect their representatives at very high rates (over 95% in the House, close to 90% in the Senate) • Why? • Incumbents have a lot of advantages • What are they?

12. Incumbency Advantages • Fundraising: As the legislator they have more opportunities to raise campaign funds • Name Recognition: Are the Representative • Spend a lot of time in their Home District • Mail Frank: Representatives can send mail to constituents at no cost to themselves • Casework: When they help constituents with problems they generate goodwill • Pork: Bring federal $ and programs to the District • Logrolling/Norm of Reciprocity: can work with other legislators to support each others’ legislation

13. The Survival Game • These advantages may seem unfair or disingenuous but, • “Before you can save the world, you have to save your seat” • You end up with 535 (100 Senators and 435 Representatives) independent operators who got elected on their own and feel beholden to no one but their district • This makes it very hard to govern as a group

15. Personal Politics • There are a number of sources of gridlock • 535 independent power bases • Checks and Balances and Divided Government • Hyperpluralism • Partisanship, etc. • Add a media system that is geared to cover scandal, negativity, and personal attacks • You’ve got a situation where policy and partisan debates often turn personal

16. RIP Process • Revelation of impropriety • Investigation by Congress and media • Prosecution as appropriate • Basically, ideological frustration is expressed in personal attacks • Can you think of any examples? • What is the effect on the public • Demoralization and Cynicism

17. RIP The Big Questions: • Should the media show more restraint in exploring the private lives of government officials? • Must public figures and government officials give up their rights to privacy once they choose a public career? • What about improprieties directly related to your position?

18. CA Assembly • 80 Seats • Smaller Districts • 2 Year Terms • Rough-and-tumble • led by Assembly Speaker

19. CA Senate • 40 seats • Larger Districts • 4 Year terms • More Independence • More Prestige • More Deliberative • led by President pro tempore who shares power with the rules committee • Until 1960s, elected by county (gave more power to Northern CA)

20. Proposition 140 • Until the mid 1960s CA had a part-time amateur legislature • 1966: Jesse Unruh ushered in a Professional Legislature • Attracted talented individuals who could gain knowledge and experience • Necessary to meet California’s increasingly complex Demands (6th largest economy in the world)

21. Propostion 140 • 1990: Prop 140 Term Limits • three 2-year terms in Assembly • two 4-year terms in Senate • Cut retirement benefits and legislative staff • Ensured a lack of experience in Sacramento and more power to unaccountable interest groups and staff • Why Term Limits? • Voter frustration and cynicism

22. Consequences of Prop 140 • Ad hoc-racy? Can’t vote for who you want • Less experience, who will pick up the slack? • Staff and Lobbyists (are not elected) • Legislators more worried about next office • Less cohesion as legislators worry about running against each other in the future