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CONGRESSIONAL ORIGINS AND HISTORY

CONGRESSIONAL ORIGINS AND HISTORY. Pre-Constitutional Predecessors. British Parliament State legislatures Continental Congress --power inadequacies --procedural inadequacies. VOTING CYCLE example. Three proposals: New York, Annapolis, Charleston NORTH NYC Annapolis Charleston

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CONGRESSIONAL ORIGINS AND HISTORY

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  1. CONGRESSIONAL ORIGINS AND HISTORY

  2. Pre-Constitutional Predecessors • British Parliament • State legislatures • Continental Congress • --power inadequacies • --procedural inadequacies

  3. VOTING CYCLE example • Three proposals: New York, Annapolis, Charleston • NORTH NYC Annapolis Charleston • MIDDLE Annap. Charleston NYC • SOUTH Charleston NYC Annapolis NYC v. Annapolis --- NYC wins NYC v. Charleston --- Charleston wins Annap. V. Charleston --- Annapolis wins

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

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

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

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

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

  9. THE EARLY YEARS, 1790s-1820s • The first Congresses: high turnover, no professionalization, ad hoc committees, executive leadership • 1806: Senate eliminates previous question motion: creates filibuster • EMERGENCE OF PARTIES • John Aldrich, Why Parties? • 1.) Stable coalitions eliminate voting cycles, improves legislative productivity (stable coalitions achieved thru logrolling and papering over differences) • 2.) Brand name motivates voters and simplifies voting • 3.) Economies of scale achieved for campaigns • 4.) Presidential leadership made easier • 5.) Regulation and reduction of destructive ambition

  10. EARLY YEARS, 1790-1820s continued • EMERGENCE OF STANDING COMMITTEES IN THE HOUSE AND SENATE • HOUSE: aftermath of War of 1812 • a.) death of the Federalists; growing factionalization of Republicans; emergence of Democrats • b.) financial mismanagement by executive branch • c.) growing congressional workload; increased constituent demands (election of 1814) • Standing committee structure pretty much complete by 1822 • SENATE: happened more or less all at once

  11. Late 19th Century: Golden Age of Parties on Capitol Hill • The pre-Civil War party system: Whigs vs. Democrats, competitive nationwide • Post-Civil War: heavily regionalized party system, leading to safe districts and lower turnover High intraparty homogeneity and interparty heterogeneity led to conditions for strong party leadership in both chambers

  12. Golden Age of Parties cont’d • “Reed’s rules”: began with elimination of “disappearing quorum,” continued with increased use of House Rules Committee as leadership tool • “Czar” Cannon’s amazing tripod of power (committee system, scheduling, floor debate) --increasing conflict within the GOP: “Old Guard” vs. “Progressives”

  13. Golden Age of Parties, Cont’d • First challenge 1909: Calendar Wednesday • Revolt in 1910: led by Norris’ motion to strip Speaker of Czar powers • Democrats and “King Caucus”

  14. The “Textbook Congress” 1920s-1970s • Growing decentralization, weakening parties, and member independence due to: • --Australian ballot • --Primary elections replaced “SFR” method of nomination • --Norm of continuing committee assignments • --Direct election of Senators (1913) • --Continued regional/ideological division within both parties

  15. “Textbook Congress” continued • EMERGENCE OF SENIORITY SYSTEM • --committee assignments • --committee chairmanships • --leadership succession (esp. Democrats) • EMERGENCE OF CONSERVATIVE COALITION during FDR’s second term • (How seniority system benefited the South) • Speaker Sam Rayburn (1940-1961): bargaining, accommodative style of leadership

  16. “Textbook Congress Cont’d” • Donald Matthews, US Senators and Their World (1960) • Mid-20th Century norms observed by Matthews: apprenticeship, specialization, reciprocity, be a “workhorse” not a “showhorse,” institutional patriotism, courtesy • Consequences of violating norms?

  17. End of the Textbook Congress • SEEDS OF REFORM • --1958 midterm elections—created disparity between caucus and committee chairs: 39.3% of House Democrats were Southern, but 61.9% of committee chairs were Southern • --formation of Democratic Study Group (DSG) • Expansion of Rules Committee in 1961

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

  19. The Post-Reform Congress, 1975-present • Party voting and party unity increased greatly in the 1980s---why? • 1.) Aftereffects of Voting Rights Act of 1965 • 2.) Growth of GOP in South (transplants, converts, and generational change)—effects on primary elections • 3.) Reaganism and the centralization/’fiscalization’ of politics • 4.) More aggressive party leadership? • ---increasing use of rules to limit members’ options, more omnibus bills

  20. The Post-Reform Congress Cont’d • --party leaders more involved in recruiting and funding their parties’ candidates (e.g. “leadership PACs”) • --Better socialization/inclusion of new members • The Republican Revolution of 1994 • PRELUDE: Gingrich’s “COS” hardball tactics, Jim Wright’s unprecedented use of power, big turnover in 1992 due to unique factors

  21. POST-REFORM Congress cont’d • 1994 CAMPAIGN: Contract w/America, morphing into Clinton • SPEAKER GINGRICH’s FIRST 100 DAYS • --handpicked, dominated, and bypassed committees • --reorganization of committee system • --term limits on leadership positions • --some attempt at increasing minority rights

  22. POST-REFORM CONGRESS CONT’D • GINGRICH’S DOWNFALL • --Budget Showdown with Clinton ’95-’96 • --Emerging ideological/regional splits with GOP • --Senate stymies Contract • --1996: Year of Cooperation (min. wage, welfare reform, health care) • --Gingrich’s ethics, attempted coup • --Impeachment fiasco the final blow---1998 elections

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

  24. CATCHING UP WITH THE SENATE • --Senate always more individualistic and more deliberative (filibuster, no restrictions on amendments) • --”Interlocking directorate” of party leaders in late 1800s: Nelson Aldrich (R-RI), William Allison (R-Iowa), Platt (R-CT), Spooner (R-WI) • Strong party discipline but no Czars • 1899: decentralization of Appropriations • Majority and minority leader positions created in 1913 • Direct election didn’t change much

  25. CATCHING UP WITH THE SENATE • Outstanding majority and minority leaders known more for personal characteristics than institutional power(LBJ’s “Johnson treatment,” Byrd’s knowledge of rules, Mitchell and Frist selected because of media skills) • “The Johnson rule” spread out committee assignments more • END OF HISTORY SECTION

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