Evolution of Congress. Intentions of Founders Fear of excessive power in single institution Fear of...
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Transcript of Evolution of Congress. Intentions of Founders Fear of excessive power in single institution Fear of...
Evolution of Congress
Intentions of Founders
Fear of excessive power in single institution
Fear of mob rule by majority
Concern over representation
Solution to these concerns: bicameralism 1. Creation of “upper house” in which senators elected by
state legislatures rather than people. 2. Representation concern settled by equal representation in
the Senate and proportional in the House
Belief that Congress would be dominant branch
Conflict Over Distribution of Power
Basic Conflict: centralization v. decentralization
Centralization allows Congress to act quickly under several conditions (at expense of constituents) Strong central leadership w/ authority over rank and file Restrictions on debate Few opportunities for stalling tactics Minimal committee interference A streamlined legislative process Opportunity to conduct business w/ minimal public scrutiny
Conflict (Cont’d)
DecentralizationWeak central leadershipFew restrictions on debateNumerous opportunities for stalling tacticsPowerful committee influenceComplicated legislative processClose public scrutiny
Developments in the Senate
The Senate is a more naturally decentralized and informal body Fewer members, fewer formal rules Lack of Speaker Lack of strong Rules Committee
Democratization of Senate: passage of the 17th Amendment---> direct election of Senators
Concern over length of debate allowed on floor Use of fillibusters In 1917, Senate provided means to kill fillibusters: 3/5 vote for
cloture
Recent Developments: Use of the 1st days
Election of 104th Cong.----Republican “Contract w/ America” (12 items voted on in first 100 Days)
Under Newt Gingrich (104th) some senior Republicans passed over for young, aggressive members
Under Gingrich, House adopts term limits for committee chairmen
Speaker Pelosi’s “Hundred Hours of Cong.” (2007) (minimum wage, embryonic stem cell research, implementation of
9/11 commission recommendations, cuttting of oil/gas tax breaks, cutting of student loans, allow Medicare to negotiate drug price discounts)
Organizing Congress: Rules and Norms Filibuster: Unlimited debate in Senate use to avoid voting
on legislation or confirmation
Cloture: Rule declaring the end of a debate in the Senate. Three-fifths of the Senate necessary.
Hold: Senator indicates that he or she will use delaying tactics to prevent a final vote. Can be overruled by three-
fifths majority. (60 votes)
Recent Developments (Cont’d)
Filibuster Issue has become controversialRepublicans complain that democrats use
of filibuster to block judicial nominations/appts is unprecedented (under Bush), but now Democrats are complaining
The facts: 79 nominees blocked under Obama; 68 total prior to Obama presidency for a total of 147