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American Government 4/e Thomas E. Patterson | |||||
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American Government 4/e Thomas E. Patterson | |||||
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CHAPTER OUTLINE
Introduction
The 1993 NAFTA vote "illustrates the dual nature of Congress"
Congress is a lawmaking institution for the nation
Congress is a representative assembly for states and districts
Congressional elections: "local events with national consequences"
The chapters main points:
Congress has limitations in developing comprehensive national policies
Congress is well organized to handle policies of relatively narrow scope
Members of Congress are very responsive to local interests
The oversight function is secondary to lawmaking or representation functions
Congress is admired for rewarding many interests through negotiation/deliberation; Congress is criticized for impeding the majority, helping special interests, and delay
The Lawmaking Function of Congress
Introduction—Framers expected Congress to be the leading branch of government
Lawmaking—Congress was dominant in the nineteenth century
Today: Congress and president share lawmaking function
Congress has say on narrower legislation (bulk of ten thousand bills)
President: contributes on broad legislative measures
How a Bill Becomes a Law
From Committee Hearings to Floor Debate
Subcommittee to full committee
Rules Committee in House determines time, "open" or "closed" rule
Union calendar—sets the order of debate for finance and economic bills
House calendar—covers nonfinancial and noneconomic bills
House: Committee of the Whole (quorum of one hundred members needed)
Senate: Majority leader schedules for bills
Unlimited debate in Senate
Cloture and filibuster
Senators may pose "riders"—any amendment to any bill
From Floor Debate to Enactment into Law
About 10 percent of bills go to "conference committee" to resolve differences
Formed temporarily to reach a compromise
Compromise version can be passed, defeated, or returned committee
If passed by both houses, then goes to president for signature or veto
Congress can override veto by two-thirds vote in each house
Pocket veto—president fails to sign in ten days—Congress adjourns
Program or project requires an appropriation of funds
Funding legislation goes through same steps as authorizing law
Requires identical funding bills in both houses
Congress’s Policy Role
Broad Issues: The Limits of Fragmentation on Congress’s Role
Congress not well designed to handle broad national issues
Two houses must pass identical versions of bills
Many members—100 in Senate, 435 in House—with many perspectives
Congress generally relies on president to initiate broad policy proposals
President can decide on his/her own
President has national political base; lends a national perspective on the issues
But Congress does not necessarily do what the president recommends
CBO allows Congress to evaluate presidential proposals
Congress in the Lead: Narrow Policy Issues
Most bills addressed by Congress deal with narrow policy questions
Committees and subcommittees decide most legislative issues
Sharply divided committee will invite greater scrutiny by rest of Congress
Committee that develop reputations for fair play are more effective
Caucus: black, Hispanic, women’s caucuses can be influential
Note again importance of iron triangles and issue networks
Wilson’s comment: Congress as a system of "little legislatures"
The Representation Function of Congress
Introduction—Congress superb as a "forum of expression for diverse interests"
Perennial question: should members represent nation or constituency?
Trustee or delegate role (most members tend toward local orientation)
Representation of States and Districts: Constituency Politics
European representatives—see national interest first (due to unitary systems)
Committee system of Congress promotes local interests
Logrolling—trading votes with another member for mutual self-interest
Members of Congress sometimes have no choice but to go against constituency
Representation of Interests: Group Politics
Emergence of outside lobbying—pressure from the grassroots
Hall and Wayman study: Committee members responsive to interests
Representation of the Nation: Party Politics
Partisanship—the main source of cohesion and division in Congress
A majority of Democrats often vote against Republican majorities
Real and substantial differences between the parties (e.g., on budget)
In 1993–94, members of both houses voted along party lines more than 80 percent of the time
More than half the time, presidential initiatives split along party lines
Constituent and partisan differences often difficult to separate
The Oversight Function of Congress
The Process of Legislative Oversight
Oversight: Supervisory activity to see if executive carries out laws faithfully
Committee system of Congress implements oversight function
Oversight not normally pursued aggressively unless:
Congress is annoyed with an agency
Congress has discovered gross abuse of legislative authorization
Congress is reviewing a program for major changes
Investigations into crime, poverty, health care, scandals (Watergate, Whitewater)
Executive branch officials required to testify
Example: Samuel R. Pierce and HUD in 1990
Congress can reduce yearly funding of an agency
Legislative Devices for Restraining the Bureaucracy
Detailed instructions in appropriations bills
Sunset laws—programs end unless renewed by Congress
Legislative veto—controversial and possibly unconstitutional
Use of GAO—General Accounting Office
Obstacles to Oversight
Oversight involves prospect of conflict between Congress and bureaucrats
Biggest obstacle: sheer magnitude of task
Oversight: useful tool when party controls Congress, but not presidency
Congress: Too Much Pluralism?
1996 debate over line-item veto revealed much about Congress: members unable to control pork barrel spending on their own
Congress gives a great deal of power to special interests
Critics: Congress is too pluralistic and not majoritarian
Pluralists: Congress should be responsive to constituent interests
Critics: Congress so responsive that it neglects national policy needs (welfare)
The enduring question: Does Congress lean too far toward the local and particular?
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