GOVT 2302
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Transcript of GOVT 2302
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 c
ommittees.
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. HouseU.S. SenateTexas HouseTexas Senate
Alvin City CouncilPearland City CouncilHouston 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 CommitteesJoint Committees
Special CommitteesConference 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:
ReelectionPublic PolicyLeadership
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 CandidatesFunding Campaigns
Organizing CampaignsStaffing 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 CaucusHouse Republican Conference
Senate Democratic CaucusSenate 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 GovernmentDivided 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 SpeakerYou hold a majority in all the
standing committeesYou 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 CaucusHouse Republican Conference
Senate Democratic CaucusSenate 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 CoalitionThe Civil Rights Act of 1964
Ideological Clarity
Parties the Texas Legislature
Party History in Texas
One Party Stateto 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 CommitteesJoint Committees
Special CommitteesConference 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 HouseUS Senate
Texas HouseTexas Senate
Principle Functions of Standing Committees
MarkupHearingsOversight
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 MeansSenate Finance
House and Senate BudgetHouse 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 LeaderStrict Seniority
Open Party BallotSecret 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 legislationAbility to override decision of rest
of committeeLack 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 HouseThe 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.
BackgroundSpeakers 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 20th 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 GarnerJim 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 BoehnerTexas: Joe Straus
The President of the Senate
Vice PresidentLieutenant Governor
Joe BidenDavid 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.