The Democrats’ problem of political
framing
In the news
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Economic stimulus bill headed to passage in Senate.
Obama addresses the nation.
Geithner announces bank rescue plan:
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1) Creation of a “stress test” for banks to decide which deserve
government bailout money and which don't.
2) Establishment of a public-private investment fund that pairs
taxpayer money with private money to buy toxic assets from
banks ($500 billion - $1 trillion).
3) Commit up to an additional $1 trillion to get consumer lending
and the securitization process going again.
4) A "comprehensive housing program" that will be announced "in
the next few weeks," designed to help homeowners save their
homes and rework their mortgages.
POWERS OF CONGRESS: Implied and
Shared
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Implied powers
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Elastic clause: “necessary and proper”
McCulloch vs. Maryland (1819).
Shared powers
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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. Senate ratifies treaties.
LIMITATIONS ON CONGRESSIONAL
POWER
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In the original text of Constitution: no ex post facto laws,
bills of attainder, or grants of title of nobility.
The Bill of Rights and other constitutional provisions
serve as important checks on the scope of legislation:
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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), Violence Against Women Act (2000).
Separation of powers: “dual security” Other branches
and the states (veto power, judicial review and
federalism; good examples of the latter are education,
law enforcement, and election administration).
Evolution of Congress
February 10-12, 2009
PS 426
Party systems
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Experimental: 1789-1820, Federalists and Jeffersonian
Democratic-Republicans (DRs dominate)
Democratizing: 1820-1854/60, Democrats and Whigs
(competitive)
Civil War: 1860-1893, Democrats and Republicans
(Competitive)
Industrial: 1894-1932, D+Rs, Rs dominate
New Deal: 1932- ?, D+Rs, Ds dominate until 1968, then
competitive. Dealignment/divided govt. since 1968.
Realignment theory – issue basis for change.
Congressional eras, Experimental: 17891812
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Jeffersonian ideals; ad hoc select committees. Strong
leadership the exception in the House, almost nonexistent in the Senate. Leaders from outside Congress
(mostly from the executive branch): Alexander Hamilton.
high turnover, no professionalization.
But parties emerge almost immediately; Founders were
anti-party (Madison and the “evils of faction”). Parties
needed to solve collective action problems, prevent
voting cycles, improve legislative productivity by creating
stable coalitions through logrolling and compromise. Also
simplifies the voting process through “brand names.”
1806: Senate eliminates previous question motion:
creates filibuster.
Congressional eras, Experimental: 17891812, cont. (transition from 1812-1820)
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Emergence of the committee system, replace select
committees with standing committees.
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House: aftermath of War of 1812 and the demise of the
Federalists; growing factions in the DR party and
emergence of Democrats; oversight of the financial
mismanagement by executive branch; growing
congressional workload; increased constituent demands;
role of Henry Clay (textbook says yes, Schickler, no)
Senate: happened mostly all at once in 1816,
created 12 new standing committees.
Standing committee structure pretty much complete
by 1822. Continuity in Congress compared to other
parts of government.
Democratizing Era: 1820-1860
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Antebellum period, emergence
of slavery as the central issue.
Party factionalism and contests
for Speaker.
Missouri compromise and
balance in the Senate.
Missouri admitted as a slave
state, Maine as a free state.
No slavery in the Louisiana
Territory.
Missouri Compromise
Civil War era: 1865-1896
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Regional split: Northern states were largely
Republican, Southern states were Democratic.
Republicans stacked the Senate by adding
Western states.
Less electoral competition: more safe districts
and lower turnover.
Strong parties emerge because of high intraparty
homogeneity and interparty heterogeneity .
Committee system is firmly established.
Civil War era: 1865-1896, cont.
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“Golden Age of Congress”
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Thomas B. Reed, “Reed’s
rules”: began with elimination
of “disappearing quorum,”
continued with increased use of
House Rules Committee as
leadership tool.
Joseph “Czar” Cannon: power
based on control of the
committee system, scheduling,
and floor debate.
However, increasing conflict
within the GOP: “Old Guard”
vs. “Progressives”
Textbook Congress: 1912-1968
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Revolt against Joe Cannon, 1910. Stripped the
Speaker’s power to appoint committees. Forrest
Maltzman’s work on this topic.
17th Amendment: popular election of Senate. Fewer
dynasties, wealthy senators, more responsive.
Weaker parties: “King Caucus” and later the domination
by committees: emergence of the seniority system and
“committee turf.” Parties also weaker in elections: secret
ballots, primary nominations, direct election of Senators.
Emergence of the Conservative Coalition in the late
1930s. Showed the weakness of parties.
Textbook Congress: 1912-1968, cont.
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Legislative Reorganization Act of 1946: consolidate committees in
the House from 48 to 19 and in the Senate from 33 to 15. Also
increased committee staff and congressional oversight.
Strengthened Congress to resist presidential encroachments.
Norms of apprenticeship, specialization, reciprocity, be a “workhorse”
not a “showhorse,” institutional patriotism, courtesy. However, no
serious penalties for violating norms and recent research shows
some of them may not have been that strong.
Pressures for change: after 1958 midterm elections a disparity
between the caucus and committee chairs: 39.3% of House Dems
were Southern, but 61.9% of committee chairs were Southern.
Formation of the liberal Democratic Study Group (DSG).
Battle over Civil Rights policy: expansion of Rules Committee in
1961.
Post-reform: 1974-?
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Watergate class of 1974. Legislative Reorganization Act
of 1970 and Subcommittee bill of rights (1973): more
power to SC chairs, open committee meetings and
written rules, committee assignments changed again
(caucus votes on the Committee on Committee decisions
rather than Ways and Means committee), seniority norm
violated – decentralizing influence.
But also gave more powers to the Speaker (task forces,
multiple referral, appoint Dems on Rules Committee).
Sunshine reforms – open up the process, more open
hearings, more recorded votes (teller votes vs. electronic
voting), later C-SPAN.
Budget and Impoundment Control Act (1974), War
Powers Resolution (1973).
The Republican Revolution, 1994
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Gingrich had been working for this for 10 years. Old
style/new style leadership of the minority party.
1994 changes: strengthened Speaker even more, term
limits for committee chairs, abolished three standing
committees, reduced committee staff, did away with
some perks.
Contract with America: some success in House but much
of it was stopped by the Senate.
More power to Gingrich: control over committee
assignments and the policy agenda.
High point was 1996: welfare reform, health care,
minimum wage. Both Clinton and Republicans wanted
something to show before the 1996 elections.
Republican Revolution, cont.
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Things start to unravel:
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Budget showdown with Clinton, 95/96, government shutdown.
Gingrich’s ethics problems, splits within the party.
Overreaching on impeachment. The 1998 midterm losses and
then Gingrich resigns.
Dennis Hastert. Tom “The Hammer” DeLay continued
the Gingrich approach. Good cop/bad cop.
Unified govt. again in 2001, but then Jeffords’ defection in
2001. Rs regain the Senate in 2002.
2006 midterms and the return of divided government.
Dem. gains were solidified in 2008 and Obama’s win
produce unified government again.
General trends: party polarization
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Increased
party
polarization
and party
unity. Party
polarization
in Senate
was highest
in 120 years
and was the
third highest
in the House
in 2006.
Year
20
04
20
02
20
00
19
98
19
96
19
94
19
92
19
90
19
88
19
86
19
84
19
82
19
80
19
78
19
76
19
74
19
72
19
70
19
68
19
66
19
64
19
62
Percent of Roll Call Votes
Partisan Votes, 1962-2004
80
70
60
50
40
House
Senate
30
20
10
0
Year
20
04
20
02
20
00
19
98
19
96
19
94
19
92
19
90
19
88
19
86
19
84
19
82
19
80
19
78
19
76
19
74
19
72
19
70
19
68
19
66
19
64
19
62
Party Unity Score
Party Unity in the House, 1962-2004
100
90
80
70
60
50
Republican
Democrat
40
30
20
10
0
Year
20
04
20
02
20
00
19
98
19
96
19
94
19
92
19
90
19
88
19
86
19
84
19
82
19
80
19
78
19
76
19
74
19
72
19
70
19
68
19
66
19
64
19
62
Party Unity Score
Party Unity in the Senate, 1962-2004
100
90
80
70
60
50
Republican
Democrat
40
30
20
10
0
Party polarization, cont.
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Rise of the Republican party in the South – conservative Southern
Dems switched or lost. Moderate Rs decreased in number in
Northeast and Midwest.
Reaganism and the centralization of politics at the national level.
Gingrich and DeLay carried this forward in the House. Senate
always a moderating force, but still polarized.
More aggressive party leadership:
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increasing use of rules to limit members’ options, more omnibus bills,
more closed rules
party leaders more involved in recruiting and funding their parties’
candidates (“leadership PACs” role of party committees in
fundraising, soft money), although typically this support was not tied
to party loyalty. Parties still had a main focus on winning.
01
20
95
19
89
19
81
19
74
19
64
19
48
19
32
19
12
19
00
19
60
18
40
18
89
100
90
80
70
60
50
40
30
20
10
0
17
Balance of power, 50 is equal Pres/Cong
General trends: balance of institutional
power between President and Congress
General trends: Size of the House
900
800
700
600
500
400
300
200
100
0
1790 1820 1850 1880 1910 1940 1970 2000
pop per dist (in
1,000s)
members