Chapter 13 - Legislatures

1. SherzodAbdukadirov, “The Failure of Presidentialism in Central Asia Chapter 13 - Legislatures

2. Corruption and intolerance of opposition Force to grow cotton but paid only a fraction of the global price. Similar to Southern share-croppers in the late 19th century. Dual democratic legitimacy can be claimed by both the President and the legislature. Does this sound familiar? Less consensual and more majoritarian. Competition not cooperation. Significant change is more difficult unless party is the same in all three branches of government. If party monopoly, significant changes can be used to favor the party in power. Problems with Presidency

3. Less power for the President Legislature is “not bound by a vote of confidence” “can vote on the merits of the legislation”. Greater choice for voters. Vote directly for the head of state (like your legislator but not the prime minister) Rigidity of fixed terms tempered by shorter term lengths. Advantages to a Presidency

4. Iraq 2005 - Over 43 parties with as many as 6 coalitions. (depending which website you look at, some as high as 60) Nobody has a voting record, unknown commodities. More fragmented and disorganized, not a strong state. President – Easier for economic elite to influence, more expensive to influence a parliament. President vs parliament in a new state GurbangulyBerdimuhamedow - President of Turkmenistan

5. Only need a majority in parliament. More likely to allow an opposition. Single party states more likely in presidential systems. Ability to act as an opposition political force tends to make the minority more willing to work within the political framework for their preferences. Suppression of dissent leads to radicalization and polarization of both democratic and religious opposition groups. President vs parliament in new state

6. Working with factions – parliament requires greater cooperation between prime minister and political elites (members). Becomes prime minister because that cooperation exists, but support can be withdrawn through a vote of no confidence. Easier and less disruptive to remove a prime minister. If elites form a single party, benefits of a parliament is negligible. Proportional representation can encourage multiple parties. presidentialism

7. Reform from within not possible. Pressure for reform must come from external forces Repression destabilizes region through radicalization of the repressed. Would international intervention further destabilize the situation? You broke it you bought it. Conclusion: believes parliamentary systems would improve governance in Central Asian countries under the caveat that multiple parties exist. Repressive states – no opposition

8. Pg 233 “Countries with limits on government have usually had feudal pasts, which teach that dispersion of power is good and concentration of power is bad.” Compare to Kuznets Curve and Robert Dahl. Is government the only form of concentrated power? French Estates General, nobles, clerics and commoners (usually wealthy merchants) Press as the fourth estate. Legislatures Legislate… Third Estate carrying first and second on its back

9. In theory, the executive enforces the statutes as written. • Executive order: Bayh-Dole Act expanded to include Big PhRMA by executive order. • Bureaucratic policy changes • NIH policies – consulting fees and reporting • Failure to enforce/overreach • Fairness Doctrine • Line item vetoes? • Signing statements The executive executes…

10. Courts not intended to have much power in the Constitution. Marbury v Madison (1803) Chief Justice John Marshall and the Marshall Court set precedent for judicial review. First time in world history that a law was deemed unconstitutional. Found the Judiciary Act of 1789 to be unconstitutional as Congress could not expand the original jurisdiction of the court. Judges Judge…

11. More PMs than Pres PMs (Prime Ministers) are MPs (members of Parliament) Head of government vs head of state Government vs Administration Method of removal – vote of no confidence on a budget bill “Divided government” or “inefficient and unintelligible” Question hour – the ultimate in “gotcha” politics. Obama and the Republican caucus. Fun to watch Pres vs PM

12. Usually requires a reason for two • UK - House of Lords and House of Commons • US – Time of Constitution differences between North and South – Navigation Acts • North – more debt, smaller states, industrial, few slaves • South – less debt, larger states with more population, more agrarian, slave as economic factor • South wanted representation based on population (including 3/5 slaves) • North wanted 2 representatives per state • Connecticut Compromise creates the bicameral legislature with the South holding the purse strings in the House for accepting the debt of the North. Bicameral vs unicameral

13. Where ideas go to die? Civil Rights Act of 1964 bypasses the Judiciary Committee (Chair was segregationist Democrat from Mississippi) and goes directly to the floor. International Covenant on Economic, Social and Cultural Rights (ICESCR) has been pending in the Senate Committee on Foreign Relations since being signed by the Carter Administration. Legislative committees

14. The President and the leadership of the opposing parties. Chairman or ranking member of the opposition Greater name recognition for those in the opposition. Encourages greater turnover for the President’s party. Who does the press talk to?

15. “The bulk of legislative work is not performed on the floor but in committee rooms.” • Opportunity for lobbyists • Limited budget for Congressmen provides opportunity for lobbying firms to write legislation to “help out” • More subcommittees, more democratic, but less powerful, more veto points. Committees

16. Much legislation originates in government departments and agencies. • The experts • What would Locke think about the legislative power being put into the hands of the “power always in being”. Bureaucracy

17. Pork-barrel politics and log rolling • Particularly popular in the late 19th century when tariffs imposed as favors to industrialists brought in more revenues than necessary to run the government. The golden age. • Party out of power usually criticizes • Direction of funds to where they are needed. Is a hospital pork? FOG spending • Jerrymandering – adjusting the boundary lines of districts in order to provide more representatives for your party. • Extreme case of Texas • Mid-decade redistricting • First control of legislature in 130 years Legislative prerogatives

18. Helping citizens in your state/district fight through red tape to get the help they need. • Ted Kennedy and John McCain well known for constituency work • If you were to take an internship with a Congressman, it is likely that this would be the majority of what you do. Constituency work

19. UK - Question hour US – Criticism in the press UK version provides better information. The criticism is answered immediately so that if you heard the critique, you also heard the response of the executive to that critique. In the US press, it is likely (based on self-selection) that you heard only one or the other. Question hour would not work well for an executive who lacks knowledge. Monitor the executive

20. If I were a Congressman, is my obligation to vote the way my constituents want me to vote, or is my obligation to vote the way I believe my constituents would vote if they were provided with the same facts? What does it mean to represent? Always ask yourself…

21. The textbook says that lawmaking for legislatures is usually just a “follow-up on ideas initiated by bureaucrats and executives.” Do you believe that that was Locke’s intent for the relationship of the Supreme power and “the power always in being”? Was that the intent of the founders? Legislatures as supreme in locke

22. Is it a bad thing? What do you get if you lay 1000 economists (politicians, left-handed first basemen, couch potatoes, etc.) end to end? 1000 different opinions. 435 representatives, 100 senators, 1 President. What will be the easiest for choosing a path to follow? Is it a bad thing? What did our reading tell us? Might a single vision for change reduce unintended consequences? Less power in the legislature

23. Congress proposes legislation – President either passes or vetoes – strong President proposes legislation • Prime Minister proposes legislation – Parliament either passes or (in the case of a supply bill) provides a vote of no confidence • Single vision vsdealmaking • Incentive to get it right the first time • Resentment of legislature tempered by the fact that cabinet is made up of MPs Us vsuk Which would seem to be more responsive to the policy priorities of the people?

24. Parties changing alliances or Congressmen changing parties • Dixiecrats changing allegiance after Truman signs executive orders 9980 (desegregation of federal work force) and 9981 (desegregation of armed services). This is why it took several decades for Truman to be appreciated as a good President. • Arlen Specter changing parties: supports right to choose, gay rights, and affirmative action – what took so long? Assorted issues Give ‘em hell, Harry!

25. President speaks with one voice. Bully pulpit, consistent message. If President leaves the bully pulpit open, opposition will take it. • Congress speaks with multiple voices, even within the same party. Public option, no public option; negotiated pricing, market mechanisms. What about “talking points”? • Weak party discipline as the result of primaries. • Anyone can get in • Interest groups as “gatekeepers” Media relations

26. 535 legislators, nearly half are lawyers. • Rely on others for expertise • Specialists from government or lobbyists • Independent research from the Government Accountability Office (GAO), Congressional Research Service (CRS) and Congressional Budget Office (CBO). But will they listen? • Evidence when you agree, biased when you don’t. A bunch a lawyers

27. “Paying for prescription drugs under Medicare shows they hear the cries of senior citizens.” • Gallup polls: “Government should be responsible for medical care for people who can’t afford it.” 1938: 81% 1991: 80% • 1993 : “main problem facing health care in the U.S. today” 74% said rising costs • 1991 Time/CNN poll: who is responsible for high costs: 70% say cost of medications. • Seniors organize and mobilize, also buying drugs from Canada. • Congress can 1) impose cost controls, or 2) create a program that further redistributes the cost of medications leading to overconsumption. overspending

28. Preference of PhRMA is on the 2nd option which would actually increase their profits substantially. Look at PhRMA contributions to Chairs and ranking members. Was this the preference of seniors, or a way to shut up seniors, keep them paying US prices instead of Canadian prices, and further PhRMAs policy preferences (and profits)? Billy Tauzin and Thomas Scully after MMA is passed. Compare to Locke. Medicare Part D

29. Negative perception of Congress promoted. Republicans controlled both Houses 12 of the last 60 years. Most in the last 20. Democrats controlled both Houses for 40 of the last 60 years. Uninterrupted from 1955 to 1981. Congress unpopular but most like their own reps. Result – candidates run against Congress to join Congress. Psychological disadvantages

30. Absenteeism: If decision is made well ahead of the vote, is this an issue? Most of the debate was in committee. Lack of turnover – career lifetime legislators. Locke felt legislators would be more conscientious about their decisions if their return to average citizenship would force them to live with their decision. How would Congressmen vote on healthcare if they did not have Federal Employee Healthcare Benefit Plans? If they knew they would not have it two years from now? Issues for congress

31. Seems like a good idea to keep corrupt officials from gaining too much power. Prevents leaders from developing expertise independent of special interests and experts. Assumes incompetency of voters and places doubt in the validity of democracy. Prevents voters from voting for representatives that have proven their competence and vision. December 7, 1941 we would have had a new President who had only been in office 10 months. Instead we had a seasoned FDR. Term limits

32. Consider the qualifications necessary to be a competent lawmaker making decisions regarding complex issues. Studies have shown that Americans, on average, have very limited political information. If we want high turnover in these positions, what is the likelihood that those with the knowledge to make these decisions will have come from an industry that will benefit financially from the decision, or that they lack underlying knowledge necessary to make a reasoned decision? Think back to Anthony Downs and the incentives to accumulate political information. Voting records tell us how an incumbent will vote, challengers may have little or no voting record with which we can evaluate what future performance will be. What about a small town that has very few people even willing to take what might be a voluntary or low paying position? Term limits

33. Divided government can only make incremental moves. Change is possible only at the margins. Party monopoly allows for major changes in policy and Washington culture. If things are going really bad, and major changes are needed, this can only happen through a party monopoly committed to changing the status quo. Party monopolies: Republican – 1900-1911, 1919 – 1931, 1953 – 1955, 2003 – 2007 Democratic – 1913 – 1919, 1933 – 1953, 1961 – 1969, 1977 – 1981, 1993 – 1995, 2009 – 2011 Years with monopoly and filibuster proof majority: R 1907-1911, D 1933 – 1943, D 1961 – 1969, D 1977 - 1979 Divided government vs party monopoly