Please choose one of the following questions and react to it briefly in the discussion boards.
When you submit an answer, please begin by pasting the question you are responding to in the text field. Then write your answer below.
Discussion question options:
Week 5 Readings: Congress
The following readings are assigned for this week. Please be sure to read the entire chapter. The link takes you to the introduction.
· American Government Chapter 11: Congress (Links to an external site.)
· Arnold, Douglas. “Can Inattentive Citizens Control Their Elected Representatives? ” in Congress Reconsidered.
1. The Electoral Connection (18:53)https://www.youtube.com/watch?v=jslvHRQHFv8
2. Parties in Congress (18:26)https://www.youtube.com/watch?v=aN5djb0DwLI
3. How a bill becomes a law (11:52)https://www.youtube.com/watch?v=DT9zqyM8CVQ
4. Organizing for Collective Action (28:11)https://www.youtube.com/watch?v=aQdTagWXFdk
5. The Logic of Specialization and Information Processing (32:42)https://www.youtube.com/watch?v=Z_Utvyf-NEQ
6. Iron Triangles and Participation in Committee Lawmaking (28:20)https://www.youtube.com/watch?v=4JR7ivQheH4
,
1
Congress: Organizing for Information
Class Overview
n How does Congress manage the universe of policy problems the institution must address?
n How do members solve complex, difficult problems under conditions of uncertainty?
n How does Congress allocate attention and prioritize problems?
n What are the strengths and drawbacks of the committee system
The Information Problem
n Issues facing government are many and complex
q Congress considers over 10,000 of pieces of legislation every two year session.
q Government could select from millions of potential policy problems
q Attention, time, energy is limited for individual representatives and Congress as a whole.
2
Bills by Status Recent Congress
Congressional Attention: Civil Rights and Civil Liberties
3
Congressional Attention: Terrorism
Congressional Attention: Illegal Drugs
Information and Committees
n High transaction costs for both individuals and Congress
q Solution? Delegate authority.
q Let individual Congressmen specialize.
4
Organizing for Attention: Congressional Committees. n Committees System
q Standing committees n – House n – Senate
q Authorization and Appropriation q Joint committees q Special or select committees q Conference committees
Woodrow Wilson: “Congress in session is Congress on exhibition; Congress in committee is Congress at work.”
Committee System: Powers and types
n Organized at the discretion of the majority party. (Appointments usually by party committee or majority party vote)
n Committee Powers q Naturally powerful committees control the spending and
taxation. n Ways and Means (the chief tax writing committee in Congress) n Appropriations (regulates expenditures by the government.
q Specialized committees n Provide for representatives change to demonstrate individual
responsiveness on individual committees. q Example: Agriculture Appointments for rural representatives.
House and Senate Standing Committees
5
Examples of committee jurisdictions
n Farm subsidy bills go to Agriculture Committee
n Highway bills go to Transportation Committee
n GI Bill benefits go to Veterans’ Affairs Committee
n Logic: allow members to specialize in policy areas that matter to them and their constituents.
Two Theories of Committee Functions n Committees are access points for pork barrel
politics q Distributive theory: Committees as systems for
delivering resources. q Informational theory: Committees as fact finders
q Why are farm-state reps on the Agricultural Committee? n Distributive: Farm state reps deliver subsidies and
other government projects to constituents n Informational: Representatives from Agricultural State
know the problems and issues facing agricultural America
Committee Powers in Congress
n Power to set the agenda q Gate-keeping power over legislation q Influence the content of legislation q Proposal power
n Oversight Authority n Review programs and existing policies
n Hearings authority q Subpoena power, expert testimony, etc.
6
Additional Ways to Reduce Information Costs n Congressional Staff
q Personal staff and committee staff.
n Congressional Support Agencies— q Congressional Budget Office q Congressional Research Service q General Accounting Office
Organizing and relying on expertise n Participants in committee activities involve
policy experts and representatives who are impacted by policy in this area.
q Congressmen, bureaucrats managing programs, lobbyists from interest groups.
n Other members of Congress defer to committee decisions (especially in House)
1
Congress: Coordinating Collective Action
If Pro means for and Con means against, what’s the opposite of progress?
Thank you ladies and gentlemen.
Class Overview n How can we explain the behavior of individual
Congressmen?
n Why do members of Congress show such a strong inclination to be individually responsive but collectively irresponsible?
n Why are there more formal rules, procedures, party discipline, and leadership in the House of Representatives than in the Senate?
n How is Congress organized to overcome the significant collective action problems of national legislating?
Congressional Challenges
n Information Problems: Problems are vast, attention is limited. q 535 people must find a way to: recognize new
problems, respond to existing problems, set the agenda, make laws, conduct oversight.
n Coordination is difficult q Members have different incentives, preferences,
and goals. However all want to maximize reelection chances and minimize risks.
q Partisanship and polarization can make trust difficult.
2
The Electoral Connection
Why do Congressmen make the decisions they do?
Politicians are rational, goal driven, self- interested actors.
The motivation behind their choices is very simple: To gain and hold elected office.
A Representative System of Governance
q Representation occurs when members represent individual constituent interests.
n Congressmen are interested in delivering services and programs to constituents rather than achieving National party platform.
n Congressmen are eager to win support for local legislative programs, spending etc.
n They dread imposing identifiable costs on groups of their constituents
Credit Claiming and Blame Avoidance in Action.
3
Collective Action Problems in Congress
n Congressional Coordination Problems q Information Processing, Problem Recognition
and Agenda Setting). n Free-Rider Problems
q Individual incentives clash with collective decision-making.
n Prisoner’s Dilemmas. q Problems of trust in Congressional behavior.
Where is Coordination harder? Why?
n House of Representatives q 435 members, 2 year terms
n The Senate q 100 Members q 6 year terms q Rotating election every 2 years
Legislative Organization.
n Congress is organized to overcome collective action problems
q Party Organization
q Committee System
4
Party Organization: A necessary Evil
§ Although Founders were suspicious of factions, they emerged naturally out of necessity.
§ People naturally organized around different ideologies of government.
§ Party provides incentives for rational, self interested politicians to overcome self interest and behavior collectively.
Party and Coordination n Party leadership helps influence attention
and choice in Congress. n Coordination on policy problems:
n Leadership controls the agenda and prioritizes specific problems for attention.
n Build support for party agenda. n Party leadership provides incentives for
individuals overcome incentives to free ride and contribute to collective goods.
§ Carrots: Committee appointments, logrolling and tradeoffs, campaign funding.
§ Sticks: Committee appointments, reputation costs
House Party Leadership
5
Senate Party
Party Leadership in the Senate
How Do Political Parties Shape Congressional Behavior
n Provide incentives for party cohesion and political cooperation. n Control committee assignments.
n Protect vulnerable members
n Facilitate Logrolling, support earmarks and pork barrel politics (ex: Farm Bill)
n Support reelection changes of Congressmen through disbursements of campaign funds.
6
Committee assignments as incentives:
Facilitating logrolling:
Protect members: Healthcare repeal
7
Summary n Individual Congressmen are self interested actors
seeking reelection.
n Congress faces unique collective action problems stemming from free rider-ship, prisoner’s dilemma, and coordination problems.
n Part and committee system permit congress to overcome collective action problems by:
n Providing incentives for self interested politicians to cooperate
n Providing procedures for coordinating decision- making in a large group of individuals.
1
Congress: Committees and Subgovernments
Class Overview
n How do committees encourage participation of experts and special interests in lawmaking?
n What are iron triangles and policy monopolies?
n What are the strengths and drawbacks of the committee system
Information Processing: Mapping the Participants in Lawmaking
§ Referred to as Iron Triangles: The three common participants at committee hearings that develop policy.
§ Elected Officials and Staff § Specialize in key issue areas. § Develop expertise to engage in policy making
§ Interest groups and Lobbyists § Assist in bill writing § Provide expert testimony § Provide pressure and incentives for votes
§ Executive agency heads and experts § Regulators charged with implementing policy
2
Iron Triangles
Bureaucracy
Congressional Committee
Interest Groups
Iron Triangles
US Department of Health and
Human Services
Committee on Energy and Commerce
Pharma
Drawbacks of interest group involvement
n Sub-government Capture (Policy Monopolies)
n Policy dictated by subset of actors in policymaking
– Congressional Committees and Bureaucratic Agencies No Longer Engage in oversight
– Act to advance the interests of special groups rather than regulate them.
n Potential for bias in lawmaking – Example: Big Pharma and the Prescription Drug Benefit
3
Medicare Part D: Prescription Drug Reform Legislation
n President George W. Bush (R) signed the Medicare Prescription Drug, Improvement, and Modernization Act.
n Authorized Medicare coverage of outpatient prescription drugs.
Medicare Part D: Prescription Drug Reform Legislation n 40 million beneficiaries given options:
n (1) keep or enroll in any private prescription drug coverage
n (2) obtain drug coverage by enrolling in a Medicare managed care plan. q Medicare would subsidize the cost of coverage
for about 14 million low-income beneficiaries. Other beneficiaries will still be liable for up to $3,600 or more in annual expenses.
Medicare Part D: Prescription Drug Reform Legislation
n The bill barred the federal government from negotiating cheaper prices prescription medicines.
4
Medicare Reform: Party power in lawmaking n Bush White House and GOP leaders to get
Part D through Congress in November 2003, when the House and the Senate were under Republican control.
n The measure came up for a vote in the House at 3 a.m. on the Saturday before Thanksgiving. 15 minutes after the end of the vote, it looked like it had failed.
Medicare Reform: Party power in lawmaking n In one of the longest known roll call vote
votes in the House, and with the help of pre- dawn phone calls from President Bush and an unusual visit from the floor by the Secretary of Health and Human Services.
n Enough members were induced to switch their votes to pass the bill, 220-215, shortly before 6 a.m.
Support for Changes to Medicaid Part D
5
Medicare Part D: Interest Group Influence
Takeaways
n Committee systems can be efficient. n Allow for participation of diverse experts in
lawmaking. n Can also allow for disproportionate influence
of specific interests or actors. n Problems of interest group capture– when
regulated industry dictates policy to committee.
Committees and Political Agendas n Committees are powerful tools for parties to
pursue political goals. n Draw differences in policy priorities in periods
of divided government. n Conduct oversight to achieve policy and
political goals. q Environmental pollution hearings q Benghazi hearings designed to weaken Clinton. q Impeachment hearings.
6
Summary Committee system helps Congress to manage information problems by:’
q Allowing members to develop expertise and specialize in areas of value to their constituents.
q Reducing information costs in lawmaking
q Inviting diverse participants into lawmaking
q However, committee powers are used to achieve political as well as informational goals
q Committees can (sometimes) exacerbate bias in policymaking when certain interests are overly represented.
Looking forward: The Rise of Polarization n Congress has become increasingly polarized. n Why has this occurred? n What are the implications for politics and
public policy?
C O N G R E S S : T H E E L E C T O R A L C O N N E C T I O N
P S 2 1 A – S P R I N G 2 0 2 0
P E O P L E R E A L LY D O N ’ T L I K E C O N G R E S S …
– D I S P U T E D O R I G I N S , B U T F I R S T W R I T T E N I N 1 9 4 6
“If pro is the opposite of con, then isn't progress the opposite of congress?”
B U T ! P E O P L E T Y P I C A L LY L I K E T H E I R O W N M E M B E R
O F C O N G R E S S W H AT G I V E S ?
W H Y ? W H AT I S C O N G R E S S S U P P O S E D T O B E D O I N G ?
• Article I: Most important branch
• Article I, Section 8 details powers
• lawmaking
• raise revenue (House)
• foreign affairs: declare war, advise & consent on treaties (Senate)
• confirm nominees (Senate)
• oversight of bureaucracy
• “…make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…”
… L O T S O F P O W E R S ( A R T I C L E I , S E C T I O N 8 )
• The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
• To borrow Money on the credit of the United States; • To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; • To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; • To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; • To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; • To establish Post Offices and post Roads; • To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries; • To constitute Tribunals inferior to the supreme Court; • To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; • To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; • To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; • To provide and maintain a Navy; the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And • To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the
Government of the United States, or in any Department or Officer thereof. • To make Rules for the Government and Regulation of the land and naval Forces; • To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; • To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving
to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; • To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the
Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And
• To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
… A N D H O W M U C H D O T H E Y ( S H O U L D T H E Y ? ) D O ?
B U T R E M E M B E R F E D E R A L I S T # 5 1 ?
F R A M E R S A R E W O R R I E D A B O U T A T O O A C T I V E C O N G R E S S
– F E D E R A L I S T # 5 1
“In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the
legislature into different branches; and to render them, by different modes of election and different principles of action, as little
connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even
be necessary to guard against dangerous encroachments by still further precautions.”
S O W H Y I S C O N G R E S S S L O W T O A C T ? I T ’ S N O T J U S T T H E I N S T I T U T I O N A L R U L E S ,
B U T P O L I T I C I A N S A N D T H E I R I N C E N T I V E S , T O O
W H AT I S C O N G R E S S ?
• House (Article I, Section 2)
• Elected every two years
• Apportioned to states based on population (CA = 53)
• Senate (Article I, Section 3)
• Elected every six years (original = state leg, 17th Amendment in 1913)
• Every state has two, no matter population/size
F O R A L L M E M B E R S O F C O N G R E S S , R E E L E C T I O N I S A C O R E P R I O R I T Y.
– J A M E S M A D I S O N , F E D E R A L I S T # 5 2 ( 1 7 8 8 )
“As it is essential to liberty that the government in general should have a common interest with the people, so it is particularly essential that the branch of it under consideration should have an immediate
dependence on, and an intimate sympathy with, the people. Frequent elections are unquestionably the only policy by which this
dependence and sympathy can be effectually secured.”
T H E R E E L E C T I O N G O A L E X P L A I N S A L O T: ( M AY H E W, 1 9 7 4 )
• Advertising
• franking, district visits
• Credit claiming
• casework, pork/earmarks, policy?
• Position-taking
• roll call votes, speeches, press releases
M E M B E R S ’ G O A L S
• Reelection
• Policy
• Prestige
• Party
• These generally drive members to be individually responsive to their constituents (or party)
C O N G R E S S ’ G O A L S
• Create quality legislation
• Wield power responsibly
• ?
• Member’s goals drive Congress as a whole to generally not be collectively responsible
W H AT D O E S T H I S T E N S I O N M E A N F O R C O L L E C T I V E G O O D S ?
• Good for dyadic responsiveness (e.g. earmarks for districts), logrolling
• Hard to claim credit for big reforms, so no one tackles them
• Oversight? Police patrols vs. Fire alarms
• Incentives to free ride
• Members of Congress blame the institution and each other
• So: popular members, unpopular institution
H O W A B I L L B E C O M E S A L AW
P S 2 1 A – S P R I N G 2 0 2 0
– A R T I C L E I , S E C T I O N 5 , C L A U S E 2
“Each House may determine the Rules of its Proceedings…”
S O M E T H I N G I C A N ’ T E M P H A S I Z E E N O U G H : T H E R U L E S M AT T E R U N T I L T H E Y D O N ’ T.
A M A J O R I T Y I N A C H A M B E R C A N “ S U S P E N D T H E R U L E S ” AT A N Y T I M E .
T H E T U M U LT U O U S J O U R N E Y O F B I L L ( PA R T O N E )
• A bill is written. Who wrote it?
• Staffs, affiliated interest groups, the White House, members of Congress
• It has to be introduced.
• Sponsors & cosponsors matter
• Bills that raise revenue must begin in the House (Article I, Section 7)
T H E T U M U LT U O U S J O U R N E Y O F B I L L ( PA R T T W O ) • It is referred to committee. Which one?
• Whichever the majority party leadership wants (or multiple places) with advice of parliamentarian
• Committee chair decides what to do (always of the majority party, typically most senior)
• Hearing at full committee level
• Hearing at subcommittee level
• No hearing (bill dies)
T H E T U M U LT U O U S J O U R N E Y O F B I L L ( PA R T T H R E E )
• Hearings occur. Experts testify.
• Markup occurs:
• Legislation is amended
• Legislation is tabled (killed)
• Legislation is finalized and sent to the floor
T H E T U M U LT U O U S J O U R N E Y O F B I L L ( PA R T F O U R )
• Before floor vote, in House:
• Appropriations committee (to get $$$)
• Rules committee (open v. restricted v. closed)
• Before floor vote, in Senate:
• Unanimous consent agreements
• Filibuster? Cloture?
T H E T U M U LT U O U S J O U R N E Y O F B I L L ( PA R T F I V E ) • Floor vote: yay or nay?
• If passed, to other chamber. Restart.
• If passed by both chambers in identical form, to the president’s desk.
• If not, then to conference committee to iron out differences.
• Then back to both chambers to get passed in final version.
T H E T U M U LT U O U S J O U R N E Y O F B I L L ( PA R T S I X )
• Finally on the president’s desk. Only two options:
• Sign it (law)
• Add a signing statement?
• Return it, unsigned (within 10 days not including Sundays)
• If 2/3 in both House and Senate vote for it, veto is overriden
• If Congress adjourns before the 10 days are up, it is a pocket veto
<3% make it of the 5000+
per year
https://www.govtrack.us/congress/bills/statistics
What actually happens to legislation?
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House
Senate
0.5
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0.9
1880 1888 1896 1904 1912 1920 1928 1936 1944 1952 1960 1968 1976 1984 1992 2000 2008 2016 Year
D is
ta nc
e be
tw ee
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ea ns
PA R T I E S I N C O N G R E S S
P S 2 1 A – S P R I N G 2 0 2 0
S O H O W D O E S C O N G R E S S A C T U A L LY D O T H I N G S ?
T H E H O U S E & S E N AT E H AV E 3 K E Y O R G A N I Z AT I O N A L S T R U C T U R E S
• These help organize the 541 members (435 voting + 6 non-voting in House + 100 in Senate)
• MoC Staffs: Both in DC and in the district
• Committee System: helps with informational challenges and coordination
• Political Parties: Help organize / whip / logroll MCs, help with reelection campaigns
T H E PA R T I E S ( PA R T Y- I N – G O V E R N M E N T )
• Party members share policy goals:
• So they coordinate strategy on legislation
• Solve collective action problem in passing party agenda
• Party members also want to be reelected:
• Build party reputation
• Fundraising / campaign support for each other
• Parties determine committee assignments and more…
PA R T I S A N D I V I S I O N S H AV E G O T T E N S TA R K E R :
H O W H AV E P O L A R I Z I N G PA R T I E S S H A P E D M O D E R N C O N G R E S S E S ?
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●DEM
REP
N. DEM
S. DEM −0.50
−0.25
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