GOVT 2302
The Legislature: Evolution
and Development
Previously we read through and
analyzed the constitutional
language that established the U.S.
Congress and the Texas Legislature.
Now we analyze how legislative
institutions have
evolved over American history. We
will look specifically how internal
institutions have developed over
time.
We will try to understand how
power flows within the institution.
Who or what is actually in charge
of it.
The two dominant institutions are
political parties and standing
committees.
Note that neither political parties
nor committees are mentioned in
the United States Constitution. But
each has evolved into critically
important power centers in
Congress.
Parties are useful. They help recruit
and run candidates for office and
organize the House and Senate
once they are elected. Currently
parties re the dominant feature in
Congress.
Committees are also useful. Bills
once they are introduced in
Congress are – usually but not
always – sent to a committee to be
marked up and debated.
Committees also allow members of
Congress to specialize on policy
issues important to their
constituents.
We will also look at the Speakers
office and understand the nature
of its powers.
First, lets look at the websites of
some of legislative branches on the
national state and local levels. This
gives us an idea about what each
institution has evolved into.
U.S. House
U.S. Senate
Texas House
Texas Senate
Alvin City Council
Pearland City Council
Houston City Council
A good way to understand each
institution is to take a closer look
at the complete bill making process
on the national and state level.
This allows us to see how each
committee and parties are
integrated into the process.
The process on the national level.
A full description of the process.
A graphical description.
About the Texas Legislative Process
School House Rock: I’m just a bill
on Capitol Hill.
The Simpsons: I’m an Amendment
to be.
Note that bills can be stopped at
anytime in the process.
While the official description of
Congress is that it makes laws, it is
just as easy to say that Congress’
job is to keep laws from being
passed.
Major Steps in the Process
1 - Introducing the Bill and Referral
to a Committee
2 - Committee Action: Hearings
and Mark Up
3 - Committee Report
4 - Floor Debate and Votes
5 - Referral to the Other Chamber
6 - Conference on a bill
7 - Action by the President
8 - Overriding a Veto
Notice that only the last two steps
were mentioned in the
Constitution. All the rest have
evolved over time, but there is no
reason why the steps in the
process need to be followed for
every bill.
For a look at how different bill
passed this year have worked their
way through Congress, click on
Thomas and open up some of the
public laws passed this year.
The process varies from bill to bill.
Note the roll committees and
parties play in the process.
Here is a bit more detail on
committees, parties and
Constitutional officers before
digging into them more
thoroughly.
Political Parties
Political Parties are the dominant
organizing feature in the United
States Congress. They are less
important in the Texas Legislature
due to the strength of the Speaker
and Lieutenant Governor.
Political Parties date to the early
days of Congress and helped
members organize to either
support of oppose the policies of
the Washington Administration.
Currently almost all members of
Congress are members of either
the Democratic or Republican
Parties.
Committees
There are four types
Standing Committees
Joint Committees
Special Committees
Conference Committees
Standing Committees are the most
important. Consider them to be
sub-groups within Congress that
allow members to focus on specific
issues that are important to the
member.
They play a role in the drafting of
legislation. Therefore it is essential
for members of Congress to get on
committees that allows them to
impact policies that affect their
constituents, party and supporters.
Note: Whoever has control over
committees, has control over the
legislature. Who ever wants to get
on a particular committee has to
do what that person or institution
wants.
As we will see, in the U.S. Congress
political parties have this control,
and in the Texas Legislature leaders
of each chamber (the Speaker and
the Lieutenant Governor) do.
The Speaker of the House
The President of the Senate
While the each Constitution does
establish a presiding officer in each
chamber (Speaker of the House
and President of the Senate), that
position does not necessarily
control the institution.
As we know from the Constitution,
the House of Representatives in
both Texas and the United States is
headed by a Speaker.
The United States Senate is headed
by the President of the Senate who
is also the Vice President in the
executive branch.
The Texas Senate is headed by the
Lieutenant Governor, who is also
called the President of the Senate.
These are the only positions on
each level of government that
serve in two branches, though
there is a dispute about whether
each is primarily a legislative or
executive office.
The Rank and File
We will also look at the evolving
nature of individual
Representatives and Senators.
We will come to terms with the
dominant goals of members of
Congress and how this influences
behavior.
These Goals Are:
Reelection
Public Policy
Leadership
Now for more detail on each
1 – Political Parties
Political Parties
The key organizing
feature of the U.S. Congress
Parties are responsible for:
Recruiting Candidates
Funding Campaigns
Organizing Campaigns
Staffing Committees
Setting the Congressional Agenda
Parties are far more important in
the United States Congress than in
the Texas Legislature.
Texas had a long history as a one
party state, but parties are
becoming more important in the
legislature.
In the U.S. Congress parties are
referred to as “caucuses” and
“conferences.”
House Democratic Caucus
House Republican Conference
Senate Democratic Caucus
Senate Republican Conference
Parties were not held in favor by
the framers of the Constitution,
nevertheless two founders were
responsible for the establishment
of the first two parties.
Alexander Hamilton:
The Federalist Party
Thomas Jefferson:
The Democrat-Republican Party
Washington opposed them.
He argued that their existence
would only lead to further
contentiousness in society. Other
claimed that he simply didn’t like
there to be an opposition party.
His Farewell Address
Contemporary commentators
argue that political parties are
necessary in order for Congress to
function at all and to overcome the
impediments created by the checks
and balances.
Two important terms
Unified Government
Divided Government
Unified Government:
The term used to describe periods
when one party controls both the
legislative and executive branches.
It is assumed that during these
times, it is easier for legislation to
be passed, and for the executive to
be free from investigative activites.
Having the two elected institutions
dominated by groups of individuals
committed to the same policies
and principles makes it easier for
policy to be passed into law.
It then allows the general
population to evaluate the policies
and determine whether they
approve or disapprove of it.
Proponents of unified party control
of government argue that it
provides the only opportunity for
a democratic choice to be made by
the general population.
Divided Government
The period when one party
controls the legislative branch and
the other controls the executive
branch. It is assumed that it
becomes more difficult to pass
laws and to effectively implement
policy.
Divided government is favored by
those who wish to minimize
governmental action.
Although 3 out of the 4 most
recent sessions of Congress have
been unified, divided government
has been the rule recently.
The United States Congress is
dominated by two political parties
which are organized as caucuses.
The Democratic Caucus.
The Republican Conference.
The Texas Legislature is also
dominated by two parties, but
these are far less powerful in this
institution that in the U.S.
Congress.
As we will see, that is because of
the existence of rules which give
the bulk of power within the Texas
House and Senate to the Speaker
of the House and the President of
the Senate.
Specifically, they can staff
committees and direct the flow of
legislation through each
institution.
Since there are only two major
parties in each legislature, there is
inevitably a majority party and a
minority party.
Its good to be the majority party,
mostly in the U.S. Congress.
Perks for the Majority Party in the
U.S. Congress:
You select the Speaker
You hold a majority in all the
standing committees
You hold the committee chairs
You set Congress’ agenda
The best the minority can do is
slow down the legislative process
in the Senate by threatening to
filibuster and taking advantage of
the many rules that require 60
votes to proceed with legislation.
Back to History
Political parties in Congress date
back to the first Congress.
Political disputes of this time:
The Hamilton Tariff.
The Establishment of the State,
War and Treasury Department.
The Compromise of 1790.
Many of these disputes came
down to support or opposition to
the economic policies proposed by
Alexander Hamilton. He presented
a series of proposals during the
first Congress that would
strengthen the nation’s economic
system.
First Report on the Public Credit.
Operations of the Act Laying Duties on
Imports.
Second Report on Public Credit.
Report on the Establishment of a Mint.
Report on Manufactures.
Internal conflict over these policies
became organized around the
personalities and efforts of
Alexander Hamilton and Thomas
Jefferson.
Originally these factions were
simply called pro and anti –
administration, but the pros would
become the Federalist Party and
the antis would become the
Democrat-Republicans.
The Federalists promoted pro-commercial
policies under the direction of Alexander
Hamilton. They promoted further
expansions of national power, a strong
currency, the development of national
infrastructure and the creation of a
national bank. They represented the
interest of the commercial classes, urban
bankers and businessmen.
The Democratic – Republicans
promoted agrarian, state oriented
policies under the direction of
Thomas Jefferson. They
represented the interests of the
working classes – shop owners,
farmers, and laborers.
This was the birth of the political
party system in the United States.
Despite the fact that some
opposed parties, they proved to be
effective ways to organize Congress
internally, and to recruit candidates
to run for offie.
Until the early 1820s,
congressional parties dominated
the presidential selection process
through a process that became
known as King Caucus.
As the country – and suffrage –
expanded, parties became
controlled more by external forces,
not the parties in Congress.
Over the years, parties in the
United States Congress have
evolved considerably.
History of Parties in the United
States House
Party Leadership, etc. .
Party Divisions in the U.S. House
History of Parties in the United
States Senate
Political Parties and Leadership.
Party Divisions.
Wikipedia: Party Divisions in
Congress and the Presidency
Officially, parties do not really exist
in Congress. Members are simply
affiliated with one of two major
caucuses in each chamber.
House Democratic Caucus
House Republican Conference
Senate Democratic Caucus
Senate Republican Conference
The term “caucus” is used to refer to
any political group. The term also
refers to informal collections of
members of Congress who wish to
influence some aspect of public policy.
Congressional Caucus.
List of Caucuses in Congress.
Members, with very few
exceptions, are elected into
Congress as members of parties
and meet first in their party’s
caucus where they receive
committee assignments.
They must work within the party in
order to achieve personal goals.
Parties also have certain powers
they can use to coerce members
not to stray.
Political parties place members on
committees and determine
whether a member’s goals will be
realized.
Party support conditional on
member loyalty to party.
Parties can punish members who
do not support party, but members
can switch parties if prompted, or
lured.
All important assignments are
made in the party caucus. Each
side votes for their leader, which
they nominate for Speaker. This
means that the Speaker is always
the leader of the Majority Party.
Caucuses meet often in closed
sessions to establish legislative
agendas, select committee
members and chairs, and hold
elections to choose various floor
leaders.
Party Leadership Positions
- Floor Leaders
- Party Whips
- Caucus Chairmen
- Policy and Steering
Committee Chairs
- Congressional Campaign
Committee Chairs
Click here for financial information
about the congressional leadership
each from OpenSecrets.
Floor Leaders
These are the majority and
minority leaders. Each is
responsible for scheduling business
on the floor, planning party
strategy, and keeping the party as
united as possible when casting roll
call votes.
One of the principle powers the
floor leader in the House has is
selecting which members of the
party can and cannot speak on
legislation before the House.
Party Whips
The Party Whip (majority or
minority) is in charge of the Whip
System, which is the organization
responsible for counting votes and
pressuring party members to vote
with the party.
Caucus Chairmen
These are the individual in each
party who organize caucus related
activities and work to coordinate
the party’s communications.
Policy and Steering
Committee Chairs
They are responsible for advice and
analysis concerning policy
proposals advanced by each party
and the proper means of
advancing them through Congress.
Congressional Campaign
Committee Chairs
These individuals oversee the
party’s recruitment of candidates,
fundraising, and the organization
of races in districts where the party
is expected to be competitive.
Democratic Congressional
Campaign Committee
National Republican
Congressional Committee
Democratic Senatorial
Campaign Committee
National Republican
Senatorial Committee
Party Cohesion
This is a vitally important factor for
party success. A party is only
strong if it is unified.
The Democratic Party tends to be
less unified than the Republican
Party.
This is argued to be due to the
greater diversity within the party.
The Development of Cohesive
Parties in the U.S. Congress.
The Conservative Coalition
The Civil Rights Act of 1964
Ideological Clarity
Parties the Texas Legislature
Party History in Texas
One Party State
to Two Party State
Party membership is not as
meaningful in Texas Legislature as
it is in the United States Congress.
Up until the early 1960s, the
Democratic Party was the only
competitive party in Texas. The
only competition was between the
liberal and conservative wings of
the party.
Many of the decisions made by
political parties - primarily
committees assignments and the
selection of committee chairs – are
made by the constitutional leaders
of each chamber.
Texas House and Senate Rosters
2 – Committees
The Workhorses of Congress
Congress in session is Congress on
display, Congress in committee is
Congress at work.
- Woodrow Wilson
Types of committees
Standing Committees
Joint Committees
Special Committees
Conference Committees
standing committee - Permanent
committees established under the
standing rules of the Senate and
specializing in the consideration of
particular subject areas. There are
currently 16 standing committees.
joint committee - Committees including
membership from both houses of
Congress. Joint committees are usually
established with narrow jurisdictions and
normally lack authority to report
legislation. Chairmanship usually alternates
between the House and Senate members
from Congress to Congress.
select or special committee - A
committee established by the
Senate for a limited time period to
perform a particular study or
investigation. These committees
might be given or denied authority
to report legislation to the Senate.
conference committee - A temporary, ad
hoc panel composed of House and Senate
conferees which is formed for the purpose
of reconciling differences in legislation that
has passed both chambers. Conference
committees are usually convened to
resolve bicameral differences on major and
controversial legislation.
Standing committees in Congress
date back to the establishment of
the Ways and Means Committee
when the Treasury Department
was created.
A standing committee is
sometimes established when a
new executive department is
established.
The most recent example is the
Committee on Homeland Security.
Standing Committees in
US House
US Senate
Texas House
Texas Senate
Principle Functions of
Standing Committees
Markup
Hearings
Oversight
Constituency Service
Members must get on right
committee in order to successfully
provide benefits for constituents.
They will be in a position to ensure
that legislation contains language
that benefits their constituents.
The most powerful standing
committees are those that have
jurisdiction over money, be it
taxing, budgeting or
appropriations.
House Ways and Means
Senate Finance
House and Senate Budget
House and Senate Appropriations
Parties can use this as leverage to
get their support for party
positions.
The partisan composition of each
committee reflects the party
composition in the chamber as a
whole. The majority party is a
majority in each committee and
holds the party chair.
The precise ratio is up for
negotiation following each
election.
The Committee Chair
The process for determining the
committee chair is established by
the majority party.
Means used in the past
Discretion of Party Leader
Strict Seniority
Open Party Ballot
Secret Party Ballot
The Strength of Committee Chairs
is largely based on the process by
which each gets the position. The
more it is based on seniority, the
stronger and more autonomous
they are.
An exceptionally strong committee
chair can override the preferences
of the party.
The Committee Chair
The consequence of strict seniority
in the mid 20th Centrury
Factors facilitating strength of
committee chairs
Ability to table legislation
Ability to override decision of rest
of committee
Lack of sub-committees
The Sub-Committee Bill of Rights
Each Committee is mandated to
have a number of subcommittees
which allow for further
specialization.
3 - The Constitutional
leaders of each chamber
The Speaker of the House
The President of the Senate
The Speaker of the House
The Constitutionally established
presiding office of the House.
The position dates back to the
Speaker of the House of Commons
who was given the responsibility to
recognize speakers, retain order in
the House and speak for the House
of Commons before the king.
Officially the Speaker is meant to
be neutral, but since the position is
held by the leader of the majority
party, they are not really neutral.
Background
Speakers of the U.S. House
Speakers of the Texas House
The role of the Speaker is not
specified in the Constitution,
though it was expected that the
Speaker would be a neutral
presiding officer.
This remained the case until the
development of strong parties and
the discovery that the ability to
recognize speakers on the House
floor could be used for political
advantage.
The early Speakers were in fact
neutral, and the office was not
especially important until Henry
Clay took advantage of the power
the position offered.
The early Speakers were in fact
neutral. Henry Clay is considered to
have been responsible for using
the office this was.
The Power of the Speaker reached
its zenith with the speakerships of
Joseph Cannon and Thomas Reed.
A revolt against them in the early
th
20 century led to a restructuring
of the positions power.
The power of the Speaker is
conditional, based on power over
committee appointments, the
Rules Committee, and the bill
making process. Once these
powers are minimized, the Speaker
becomes less powerful, but other
institutions fill the vacuum.
One of the more powerful
Speakers was Texan Sam Rayburn
who held the office for about two
decades in the mid- 20th Century
Two other Texans served as
Speaker during the 20th Century
John Nance Garner
Jim Wright
The Texas Speaker has far more
powers that the U.S. Speaker due
to his ability to staff committees,
select committee chairs, and send
legislation to committees for
markup.
Current Speakers
U.S.: John Boehner
Texas: Joe Straus
The President of the Senate
Vice President
Lieutenant Governor
Joe Biden
David Dewhurst
The United States Vice President is
also President of the Senate, but
has no real power. He can break tie
votes, but his role in the governing
process generally stops after the
election.
Vice Presidents who have unique
skills and are allowed discretion by
the President have been known to
exercise considerable power. Dick
Cheney up until 2006 is the classic
example.
The Lieutenant Governor of Texas
is independently elected and has a
separate power base from the
president. His control over the
legislative process in the Senate
grants him greater powers than the
governor.
Governor – Elect Bush had to pay a
visit to Lieutenant Governor Bob
Bullock after his election.
Lieutenant Governors of Texas
One Last Feature:
Legislative Branch Agencies
The U.S. Congress has developed a
variety of internal organizations to
assist members of Congress.
Congressional Budget Office
The CBO provides information
related to the budget, including
projections, and the costs of
various proposals.
NYT: CBO Topics.
Government Accountability Office
The GAO audits, evaluates and
investigates the implementation of
government programs.
NYT Topics: GAO.
Government Printing Office
The GPO prints all documents for
the federal government.
Library of Congress
The LOC is the research library for
the United States Congress.
Congressional Research Service
The CRS provides comprehensive
research for members of Congress
about any topic of interest, but
specifically issues associated with
major legislation.
Similar institutions at
the State level
Texas Reference Library
Texas Ethics Commission
The TEC has several functions,
most importantly it has authority
over the filing of financial
disclosure statements for
government officials.
Next Week:
A look at the nature of individual
officeholders within the Congress
and Texas Legislature, the way that
interests affect the formation of
legislation, and a review of recent
actions on each level.