congressional politics

8/2/2019 Congressional Politics

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1/18/2012 2:18:00 PM

Historical Context

A curious and persisting schizophrenia stems from our colonial

experience

o Mason and Baker

o Colonial experience shaped our country today Factors in framing our constitution (1)

o British Empire

For many who lived in the 13 colonies where quite

proud of being part of the British empire

Colonies were there to be exploited

Domestic conflict was overshadowed by British empire

o Continental congress

Ideas of revolution

Boycott British stuff

o Declaration of Independence

o Articles of Confederation

Says a lot about the current constitution

Immediate reaction to British rule

Only had congress, afraid of strong central power

Unicameral congress where each state had one

vote

Had many problems Unable to resolve conflicts among themselves

No neutral arbitration

States imposed own tariffs on other states

Numerous currencies floating around the other

states

The problem of the national congress itself

They could barely get anything done

Could not get all 13 states on board

No enforcement method

Slave revolts

Former soldier not getting paid

Working class were being foreclosed upon

A lot of rebellions

The US had a very weak international standing



Framer thought the colonies would be vulcanized

where different countries would pit other colonies

against each other

o Constitutional Convention

Occurred in Philadelphia may 1787 What do we do about the articles of confederation

Agreed they were ineffective

Justification for a strong national government

Many were hesitant – schizophrenia

Madison wanted a strong central government

55 delegates from 12 of the 13 states

42 where former or current members of congress

8 signed DOI

signed by 39 of the 42 on September 17th

Free flow of ideas

Wanted delegates to think out loud

Wanted to be able change their minds with out

being a flip flopper

Kept the public out of the discussion

o America’s Political Heritage

o Elitism

Wanted to limit the excesses of democracy – “philosopher kings” make decisions

o Radicalism

o Slavery

Those who are free and those who are not

Indentured servants

5 to 7 years

Heavily racialized

Slaves had no legal status

Other classes

Merchants

Loyalists

And southern planters

Conflicted with small farmers and shop keepers



o When British started shadowing them they got together

Woman

o Virtually invisible

Rich and the Pooro Haves and the have not’s

Native population

o Both allies and adversaries to the colonists

Religious component

Independence

Got together and made a illegal continental congress to debate

independence

Decided to boycott British goods and then revolt

DOI

The birth certificate of America

Founding Fathers

Very conservative

o As everything had precedence

They where all trained in English LawDOI

was a list of grievances

1st part

o preamble

o making the appeal to the people and other countries

2nd part

o radical part

o all men are created equal, inalliable rights, pursuit of life

liberty and happiness

o government derives power from the people,

people has to consent to that power

o when there is a bad power the people have the right to

overthrow it and start anew



a moral or natural right but it is your duty if you are

living under a tyrant

o it was really for white people but they didn't say that

Mason argues that 1776 was hardly a revolution at all compared to

other revolutions(China, Russia,…)where others wiped any traces of former govs, the US borrowed from the British

9/25/12

Politics

Distribution of power

Compromise

Alphias Mason Article

Constitutional Shackles of a free government (2)

Free gov is Involves a complexes of controls to…. Together… liberty

and restraint form a free government

o Right of Revolution

Find in the DOI

Consent of the governed to abolish or alter gov if it

dose not have the consent of the people

Original right of self defense Governments derive there power from the people

Framers and Gov have institutionalized revolution by

Amendments

Recalls- on a state level

Elections

Every time you vote, your are

“overthrowing” the Gov

o Government under law

Part of anti-aristocratic impulse

Going against the monarchy and hereditary

regime

We are a government of laws, not men

Two elements to government under law

Constitutional law



Made and unmade by the people

Statutory law

Made and unmade by the people but within

the confines of the Constitution

Separation of powers All men who have power should not be trusted

Separating these powers so one institution/person

cant trump another

Title is misleading because they do share powers

“separated institutions sharing powers”

presidential appointments

o Federalism

Decentralization of power

Dual system of authority

Fed gov and State gov

They both govern the same people

Two features of US federalism

Strong bicameralism

Two chambers of congress

The second chamber that are equal to the

other chamber

o House and senate has to pass the billbefore it goes to the president

o Only senate does confirmations and

treaties

Unequal representation

Senate

Weak Bicameralism

House of commons

o Has all the power

House of lords

o Based on monarchy and it is inherited

through family inheritance

o No power whatsoever

They can stall some legislation

National gov and states are given autonomous power



Money, War

Only way where fed can alter states or vice versa

is through amendments to the constitution

o Judicial review

Not explicitly recognized in the constitution Marbury v. Madison

John marshal says the SC is the chief interpreter

of the constitution

Federal courts can strike down state law, in M v.

M it was the first time a Congressional law was

struck down

o Bill of Rights

Defined rights

First 10 amendments of the constitution

Compromise between he federalist and the

anti-federalists

Federalists did not want in constitution- hesitant

Said it has a mini Bill of Rights

Once they are listed they are confined

Takes natural rights and defines them

Solidified into legal principles

As a result of the constitutional Shackle’s we get CHECKS AND BALANCES

(arrows go both ways)

1. States Fed Gov

2. House senate

3. President congress

4. Judiciary congress and president

5. Senate president

a. Appointments and treaties

6. People reps (and senate And president)

7. Electoral College people

1/30/12

Framers considered Congress to be the most important branch of

government



Article 1 is for the constitution

o Double the size of Article 2 and quadruple Article 3

Article 1- Legislative Branch

10 sections to article one

o 1.) Bicameralism (3) House and Senate

Focus was on representation

James madison and his Virginia plan

A bicameral congress that would legislate where

the states where incompetent

Both chambers would be based on population and

wealth (slaves)

William Patterson- NJ plan

A rehash of Articles of confederation

Unicameral Congress with equal representation

Connecticut compromise

House based on population

Senate based on States

o 2.) House of Representatives

Requirements of being a member

2 year term

no term limits Have to be at least 25 years of age

Been a citizen for 7 years

Be a resident of that state (close ties to

community)

3/5 clause

slavery is never explicitly said in Constitution

southern states – 5 states had most of the slaves

(30% of population)

Impeachment

Shared power

House has sole power of Impeachment and the

house votes on it

Proportional representation

Census



Once representative for every 30 thousand people

We stopped at 435

And redistribute those districts

House and Senate choose their own leader ship

positions

o 3.) Establishes the Senate

Requirements

Serve for 6 years

No term limits

Have to be at least 30 years old and a resident for

9 years in that state

Each state has 2 senators

Impeachments

Trials

Role of VP

President of the Senate

Tie breaker in the senate

Senate chooses their own leadership

o 4.) Congressional Elections and sessions of congress

Constitution gives that power to the states

Power of voting resides with the states Sessions of Congress

Has to meet at least one day a year

First Monday in December

Up until 1933 – had long period of lame duck

sessions

Congress ends the january 3rd and begins again

on January 20th

o 5.) Procedures

Congress determines their own rules

Can decide who is a congressman or senator

Buress could not be a senator (Illinois)

1969 – Adam Powell was not seated for senate

because he was absentee –



he sued - If person was reelected by the

people they had to be seated as long as

they met the requirements

o 6.) Compensation, Privileges, separation of powers

Paycheck comes from US Treasury makes 169,000 a year

leaders make 188,000

Speaker makes 200 something thousand

Congressional Immunity

Members of congress cannot be arrested for their

opinions

Separation of powers

It is illegal for a member of congress to be a

member of any other branch

This came from England where ministers would

serves as advisors to the king

o 7.) Passing laws

o 8.) Expressed powers of congress

what congress can do legally

Impose taxes

Power of the purse

Distribute the money Regulate Commerce

With nations

Between the states

Establish post offices

National communication infrastructure

freedom to communicate

Power to fund the arts and sciences

War powers

Sole authority to declare war

Congress regulates the military

To make all laws which should be necessary and

proper…

The elastic clause

Vague



o 9.) Constraints on Federal power

Congress cannot do anything about the slave trade until

20 years following the inception of the US

Can’t regulate or abolish it

Restrictions Little bill of rights

Habeas Corpus

o Challenge detention in Court

No bills of attainder

o Cant target a bill towards a group with

out a court

o Applicable to society

No ex-post facto laws

o 10.) Restrictions on State Power

not allowing states to put taxes on others states

states cant conduct their own foreign policy

This + section 8 transfers powers from the state level to

the Feds

Other relevant Articles

Article 2

o Section 1

Electoral Tie HoR will determine who becomes the president

Act as one state vote

If there is no absolute majority

o Section 2

Appoint people

President must receive the advice and consent of the

senate

Article 3

o First 2 section is what role congress plays in the courts

o Congress establishes the courts below SC

o Determines jurisdictions of the courts

o Have the power to determine the number of seats on the

supreme court (9)

o Congress determines the salaries of the SC



Article 5

o Amending the constitution

2/3 majority in the house and senate

¾ of the states to agree to that amendment

38 states Article of 6

o Every member of congress must take an oath

o No religious test that you have to be a member of federal

government

2/1/12

Checks and Balances

Legislative over executive

o Power of the purse

o Can override presidential veto

o Can refuse to pass bills proposed by president

o Can impeach and remove president

o Can reject presidential appointments and treaties

o Oversight- hearings, investigations

Legislative over Judicial

o Can change size and jurisdiction of federal court system

o Determines number of seats on supreme courto Can propose constitutional amendments

o Can reject nominations to the court

o Can impeach and remove federal judges

o Congress can ignore the courts

Executive over Legislative

o Can veto acts of congress

o Can call congress into a special session

o Carries out, and interprets, laws passed by congress

o Refuse to carry our, or selectively enforce laws passed by

congress.

o Vice president casts tie-breaking vote in the senate

Judiciary over Legislative

o Judicial Review



o Chief justice presides over senate during hearing to impeach

the president

Congress is the most vilified public institution (public enemy #1)

Elections- (4)

Single-member District Plurality System

o One rep for every district – 435

NJ has 13 going to 12

o In 90% of countries that have this system it is just 2 strong

parties

o All you need is a plurality to win- More than any other person

Running for office

o Primary election

Competition within the party

For non-competitive district there will be no primary

because there is an incumbent

The primary was a product of removing the power from

the parties – placed that power with the voters

Very low turnout – 20%- 30% of registered voters

Strong partisan people show up – more extreme views

compared to the average voter This skews the candidate that will run in the

general election

o General Election

Voter turnout is higher than primary elections

Midterm elections are when the prez is not running

Low turnout

30%- 40% of voting public

Who runs?

o Reps= Unrepresentative of society (john sides article)

Rich, white, males who are highly educated

50% of congress is the less than 1% of the nation

o Candidate centered

Candidates take most responsibility

Party now forms agenda around candidate unlike before



o Recuitment (Gendered)

“political Entrepreneurs”

people trying to sell themselves as candidates/

electable

wide disparity based on gender since 1789, 2 percent of members of congress

have been women

255 members

for quite along period of time women were not

allowed to vote

significant gender gap in ambition in running for

office

women do not express a lot of ambition

women represent and govern differently

than men

o women support “women’s issues”

gender equity, minimum wage,

control of body

o men govern authoritative

why is there a gap?

Fox and lawless did a political ambition survey

3800 people from 4 professions attributed to 3 things- traditional gender

socialization

have gender specific family roles

o women perform nearly 3x as more

likely to do household chores

Masculine ethos (patriarchy)

o Men dominate public and private

institutions

o They are catered towards men

Gendered Psyche

o Found in confidence and the ability to self

promote



Men tend to be more aggressive and

forthcoming

Women are supposed to be polite and quiet

Parties tend to recruit women less

o You need money 2010 elections = 3.64 Billion Dollars

2008 HR elections = $396 million

2008 Senate Elections = $419 Million

2006 AVG HR Winner Spent = 1.25 Million

2006 AVG senate Winner Spent= 9.6 Million

o Electoral Environments

Contingent Strategies

When you run for congress you run against it

“I will clean this place up”

Differences Between House and Senate

House is just one district

Except for 7 states

More intimacy with their constituents

Districts are homogenous

For Senate

It is the State

Less out of touch So many competing interests

More prestigious position- more limelight

o Makes them more competitive

for interest groups – its more bang for your

buck rather than the House

o Incumbency Advantage

Re-election Rates Since WWII

HR= 93%

Senate = 80%

Why?!?

Name Recognition

Power of the Office

Have a staff

Constituency service



Franking Privileges

o Subsidizes communication (mailers)

to constituents

War Chest

Having more money than your opponent orchallenger

Senators raised 10x more than opponents

House Raised more than 3x opponents

Advertise- use the media

Incumbents spend more than their

competitors

o Running scared

Used as a deterrent against opponents

2/6/12

Transformation of Political Parties (5)

Party Machine: 1830’s -1960s

o How they would get the vote out for their party

o Reasons for decline

Primaries

Australian ballot

Secret ballot

Had both political parties on the same ballotinstead of separate

Eg. Republican president and democratic

senator

Bureaucracy and government welfare

Bureaucracy becomes professionalized and

depoliticized with protection put in play

One of the most important tools for the

party- patronage/ jobs

o Nepotism?

Media

Rise of mass communication, made it easier for

the candidates to reach out to the overs rather

than using the parties to reach out

Has become more capital intensive than labor intensive



Need more money to do things!!

Polls, Ads

Democrats

Party of Multitude/ Big tent

Many conflicting interestso Used to be is N.E v. Southern

o Now its urban v. country

o Whites v. minorities

o Supporting labor v. Business

Liberal side

Republicans

Homogenous

A party of morality

o Have always envisioned itself as the defender of morality in

US society

Issue of Slavery

It was immoral institution

Anti- Immigration

Much more nativist

For Prohibition

School Prayer

Family Values Big defender for business

DEMOCRAT

Mcgover-fraiser reforms

o Made the leadership of DEMOCRATS more open to women,

minorities and Young people

Reagan Democrats

o Working white class males who are conservative

1994- Gingrich revolution

o first time in 40 years where the republicans had congress

o direct mail fundraising

much more consistent and much more coherent with their policies

Party Mobilization

$$$



Race

o African Americans vote democratic

Senior Citizens

o 25 to 35% of the voting public

o old people show up Unions

o Republican rate of unions have tripled

Women

o Me were the primary reason why women vote differently

o Lean to democratic party

Churches

o Serve as a political institution but also a religious institution

More people who attend church than union voters

o Mobilize churches

The south

o South used to be a one party state of solid democrat, and

now it is solid republican (state)

o Mary louis cannabil-reading

Many of the voting public identifies as an independent

o 5% are truly

Parties target the base of their party

o The idea is that if you preach to the choir they will sing

Voting public is closely decided

o 45- 45

o 10 is independent

Stronger identification with conservatives

Voting Behavior

Worrisome

Does not conform to any theory of democracy

o Vote choice is based on deliberation and the policies of the

candidates- doesn't work this way

Converse (1964)- in zaller

o Study on voting behavior



o A clear refutation of democratic theory

o Roughly 10 percent of the voting public have constrains

Gives them a coherent ideology

Smaller government- smaller taxes- Conservative

Zaller (1992)o Based of Converse, found that most of the publics political

opinions, it is based off to of your head responses

o Not a lot of stuff informing these decisions

In 1992 it was the election between George H w. Bush V. Clinton

o Majority knew the name of the candidates dog, but not that

they both favored the death penalty

Three theories of Voting behavior

Don't listen to the people

o Arbitrary and misinformed

Elite cues

o You can listen to the public because they are listening to the

elite (informed)

Inverse of Democracy- elites are providing instructions

for the mass public

Info. Shortcuts

o Larry Bartelso people cognitive misers

o people can make correct votes with small amount of info

correct vote is the vote you make before is the same

after you receive more information

o political ignorance matters a great deal and can hurt the way

we vote

o voters are making decisions on unreliable cues

President Ford and the Tomale example in which he was

hurt with Latinos

o Informed vote- can be skewed by your own ideology

o Voters may adopt a parties issue stance based on the

candidate

o Pocketbook voting



Based on how people are doing economically or have

done economically

miracle of the aggregate

o the correct answer comes out of the crowd

2/8/12

Bicameralism

2 Congresses

Separating powers

Adversary democracy

Representing ones own constituency

House of Representatives

Unitary democracy

Looking out for public/national good

Senate

Both Houses have characteristics of both

The only similarity they share is that the public elects them and they have

the same goals (policy)

Distinct institutional Personalities

Differences in sizePowers and responsibility’s

differences in constituency’s

Goals where the same the way of getting them was different

House of Reps

Peoples house

More prestigious and power

o More democratic legitimacy because its proportional

representation (people rather than states)

o Control over fiscal issues

Any bill that has a tax must start in the house

Capacity for much stronger leadership compared to the senate

John Quincy Adams after his presidency ran for the house



House grew in size – 435

o Made debates very difficult

Pre civil war house was much more powerful

As country grew house grew, and then became less powerful Senate

More aristocratic chamber

o similar to House of Lords in Parliament

rose in stature and became a more formidable

slavery debates happened in the senate

o because senate was equal representation

more power

longer terms

more influence

better staff

House Senate

Majority Rules

Minority does not really matter,

very difficult to stall legislation in

the house

Based on Minority rights

Power of the individual

One senator has the same amount

of power as Harry Reid, means

that majority has to consult with

the minority

Strong leader ship

Leader runs the agenda in the

house, needs strong management

skills

Weak leadership

Much more negotiation and

compromise

Anonymous Membership

Easy to delegate tasks

5 comms/Congressman

Specialists

specialize in certain areas

Interpersonal Membership

More responsibly

11 comms/ senator

Generalists

many areas

this why Staffers are important

because they make decisions for



the senator

Members of the senate can talk

about a lot of things – so run for

presidency

Rules and Procedure

Senate

Extended debates (filibuster)

Absence Germainess

House

Can attach anything to amendments that have nothing to do with

the overall bill (gemainess) Cloture

o Limits debates

Speaker organizes whole process

A lot of limitation on debates

2/20/12 – Class Barbra Sinclair and Kroger

Senate Obstruction

“Sit and watch us for seven days- just watch the floor. You know

what you’ll see happening? Nothing. When I’m in the chair, I sit

there thinking, I wonder what they’re doing in china right now?”

o Sen Michael Bennett (D-CO)

Lots of gridlock in the senate

Individualist Senate

Mid-1970’s to Present

“Polite anarchy”

190’s – 1970’s External Forces Civil rights movement

Feminist movement

Environmental Movement

Consumer rights movement

Poor Peoples movement

Vietnam war



Interest Group community

o Advocacy groups form offices

o Business groups

Rise of the Conservative Movement

o “Rise of the silent majority” - Nixon

1960’ -1970’s: Internal forces

More committees and sub committees

More staff for committees and Senate leadership

Curtailing powers of Committees Chairs

Activist senate

o Individuals are exploiting individual power

o Diff between the House and the Senate are the rules that

come with the senate

o Rise in filibuster, holds, and blocking actions

Holds are a notification to the leader saying the object

to the timing of a bill, or nomination by president

Used by minority more than majority

Rise In Obstruction – Barbra Sinclare table 1.1 – pg. (6)

1 per congress in 1951- 1960

4.6 per congress in 1961-1970

16.7 per congress in 1981-1986 32 per congress in 1999-2002

36 in 2005- 2006

54 in 2007 -2008

Blocking Action

1960s= 8% of major legislation

1970’s-1980’s = 27%

1990’s –present = 51-70%

Filibuster

A senator or a group of senators is needed

Public spectacle where a senator or group of senators will occupy

the senate floor indefinitely



Time between Committee approval and pass it

1960- efficient

HR -3.5 days

Sen. -2.5 days

2010 HR -6.75

Senate -55.7

o Dramatic increase for senate

o Close to two months from two days

Delays and failures to pass bills

Case Studies

Civil Rights Act of 1960

o Responded to 1957 act which was very weak

o Under Linden B. Johnson

If he wanted to pass something, that was it

Undermined the judiciary committee

o Senate was in session for 157 hrs-

Had 2 southern senators on the floor at any given time

Call for quorum at any given time

o A pro civil rights filed for a cloture position

To invoke cloture ¾ rather than the present day 3/5 Bill failed first

Debate is renewed and the bill was passed

Financial Reform 2010

o Way to regulate the banks to avoid another crisis

o Problem with one of the agencies that was a part of the bill

o In December of 2009 the house already passed this bill, the

senate would not pass until may of 2010

o Cloture was invoked to pass the bill and the process was

incredibly slow and they had to move onto other issues

Medicare of 1965 Legislation was truly historic, landmark pieces of

legislation

Fillibuster

Kill a Presidential nominee or Bill

Extract some time of concession from the bill in question



Hostage taking

o Extract concessions on another bill or issue

Transaction costs are lower today

o Senate leaders do not force these blocking actions to be

public for the most parto Cloture vote, negotiate, or just give up

majority(not sure if he said this)???????????

o Try to invoke cloture

Limits the debate

o All amendments during cloture have to be attached

(Germmained) to the bill

Reconciliation

o Majority can use this to get around

o Healthcare reform was passed through reconciliation

o You cant filibuster anything during reconciliation and the

amendments have to be germained just like cloture

o Power of the majority

Senate majority leaders

o Should get more credit

o Harry Reid

Has been very successful in the past in inducing cloture

o Herds 99 other senators, takes amount of determination

2/15/12

Congressional Committees and policymaking (7)

How a bill becomes a law

Congress as a conservative institution

Should not expect to find a great deal of change

Status-quo bias

o Nothing happens at all

Then add the president in and he has the power to move a bill

Size Matters

House Comms.

o 20 (rep. serve on Average 6)



o Policy specialists

Senate committee

o 16 (serve on Avg. 11)

o Policy Generalists

o Very dependent on Staffers

committee importance

Division of Labor

Central Feature of congress

o Had committee even before congress

E.g. congressional delegation

Agenda setting

o 90% of bills die within the committee system

Oversight

Theories of committees

Distributive

o Argues that self regarding or self interested serve the

congressman’s goals which may conflict with national good or

public interest

Allocate funds to you district or state

Informationalo Created to meet the needs of congress and this is the way for

congress to exercise its oversight power

Party-Dominated

o Committee members serve as agents of their party and the

majority party play an integral role in what happens

Brief history of committees

Origins

o Constitutional convention

Styling- Changing the constitution

o 1789-1810

for the first 20 years of congress you did not have

standing committees but non-permanent



did not want sub-groups forming within either chamber

of congress

o Institutionalization 1811- 1865

Standing committees started to form

started committee autonomy individual power over the whole of the body of

congress

Seniority system- majority party can be chair if they

have served on that committee and have served the

longest

o Expansion 1866-1918

Power becomes concentrated

o Consolidation 1919 – 1946

Speakers power is curtailed

o Committee government 1947 -1964

Government is run by committee

The chairs of the committees played the biggest

role over policy

Liberal members start pushing against committee chairs

Permanent staff developed for committees

o Reform Period 1965-1980

Liberal democrats upset the could not do any civil rightsstuff

Started pulling policy from committee chairs

Very moderate reform

More centrality on the members of the committees

rather than chairs

o Post-reform 1981- present

Historic period for congress

Most polarized congress in history

Even more than pre-civil war

How a bill becomes a law

House Senate

Introduction Introduction

Referral to Committees Referral to Committees



Hearings

Way to acquire knowledge about

legislation

Bring in witnesses

Posturing or political theater Raise awareness

Hearings

Mark-ups

Committee has power to change

the bill

Mark-ups

Report

Committee report

Explains what the bills is

Very influential because it

summarize the intentions of the

bill and adds in excerpts from the

hearings

Committee will vote on this

Report

calendar Calendar

Debate Debate

Amendments

House rules committee

debate the rules –

o Closed or open rules

Closed

o Have to vote on it as it

is (no amend)

Amendments

No closed rules in senate

Votes

House as a whole will vote on it

And then to the senate

60/40 are votes usually

Votes

Referred to Other Chamber Referred to other chamber



Same process for both chambers

A bill could die at any point

After it gets voted out of committee it gets placed on a calendar

House rules committee debate the rules –

o Closed or open rules

Right after conference committee Conference Committee

Chambers vote again

House and senate members

Sometimes just majority

o But most of the time its both

Held in secrecy

both the house and senate vote on that bill again

President

Sign the bill

Veto

o Return bill to congress

Pocket veto

o Sit on bill for 10 days to sign, and if does not the law dies

Veto Congressional override 2/3 majority

Chances of override not good

Since 1789 presidents have used their veto authority on over 2000

bills

o Congress was successful in overturning about 100 times

4.3% chance

Conservative Nature of Congress

Status quo bias

Bicameralism

o Both chambers must coordinate

Committees

o Presidential veto



Majority party

Seniority system

o One of the reasons

o The seniority system is based on non competitive states

o Lower voter turnouts in districts and stateso This is by design

2/22/12

Nolan McCarty piece

Polarization (8)

1950’s – mid 1970’s not a lot of polarization

o but after more

Polarization

When the parties are more homogenous within and more apart

externally

Less Conservative democrats and Liberal republicans

Smaller and smaller majorities in congress

Causes of Polarization

Economic Inequality

o Nolan mccarrtty

Multiple factors have led to Polarization

o An elite phenomenon Started at the elite level and spread to the masses

o Realignment

North more democratic and south more republican now

House of republicans changed from 2/3 democrats too

2/3 republican representing the states???????????

Senate

59-09

in 1959 there where 0 republican senators from

the south and in 09 you have 60-80% republican

senators from the south

more liberal democratic party and more conservative

republican party

o Gerrymandering



Fixing federal districts (what divides HR) so it favors

one party over the other

In NJ there is only one competitive district

It keeps Polarization stable

Some don't believe that it doesn't matter because of thesenate

Cant Gerrymander a state

o Primary elections

Competitions within the party

Very low voter turnout

Gone from 20% turnout to 8%

And those who show up are the ones with the

very extreme views which pushes them a little to

the right or the left

Challenger to the Incumbent is more on the farther side

of spectrum and then the Incumbent moves towards

the farther side to challenge the person who is

challenging them and therefor the party shifts

o Media

If you compromise on Tv you are seen as being a traitor

Theme in Polarization is gridlock

o Legislative retardant Legislative output and quality of it

o Legislative paralysis

Part of both parties strategies by not talking to them it

makes the other party look like they are holding things

up

o Super majoritarian difficulty

o Divided government

Democrat in the WH and Republican HoR

The opposing party is the majority

2006 and 2008 Repub president and Democratic

Gov

o Strategic disagreement



Describes a situation where a political actor does not

communicate with the other side … LOOK IN ARTICLE.

Make them look more extreme

Consequences of Polarization More polarization leads to less productivity

Pg.238

o Shows that the least polarized periods a great deal of

legislative output and major legislation

o Negative effects on legislative out put

Decrease in maintenance of legislation

o E.G. Federal Minimum wage

Purchasing power of our Minimum wage now is

equivalent to MW in 1952

Doesn't meet standards of living

Increase in 96

Attached MW to every bill in congress

Eventually Very modest increase with 20 million in

tax breaks for businesses

o Can lead to different policy or policy that is not very good

Because of Polarization congress and presidents have relied on Distributivespending

Making promises

Throw money at your problems

Gain leverage over there own pet projects so they hold the bill hostage

Issue ownership

Republicans own certain issues and Democrats own certain issues

o Democrats –environment

o Republicans- Economy

Over compensation for issue ownership

E.g. Medicare prescription reform



Bush admin embraced it because senior citizens are one of the

biggest voter blocks

Took the democrats plan

Balance free market conservatives, pharmaceutical industries

Big mess of policyo Original at 400 billion and exploded to 700 billion

o Prohibits government from negotiation with drug companies

“Politics is not a childes game but it should not be a blood sport either”

Its becoming a Zero sum game

2/29/12

presidents, Congress, and Policymaking

Separated Institutions

Sharing Powers (sometimes)

o Most powers are shared between congress and the President

o

Health care Reform

Every democrat campaigned on this and so did Obama

Presidents Have no peers

E.g Senators have to deal with 99 other people

The president is on top of the executive branch

o Any one who works for the executive is under the president

ultimately

Three types of Powers

Expressed

Listed in the constitution

o Section 8 article 2

Appointments

o Presidents have the power to appoint, granted senate has to

approve

Make treaties



o International institutions and other countries

Grant pardons

o One of the only unilateral powers for the president

o Non shared power

o Commentary on legal system Have certain laws, those laws don't apply to these

people

Commander in chief

o Congress can declare war

o President …

Receive ambassadors

o Sometimes countries will send ambassadors that the US does

not recognize

Convene and adjourn congress

o Can stop vacation until problem is resolved

Veto

o After congress passes, president can veto it

2/3 majority in house and senate to override Veto

290 in house

60 in senate

o (qualified)

o Legitimate?o “Poison pen”

o president acts as the “3rd chamber” of congress-levinson

o Veto with Signing statements when they sign a bill where

they wont enforce certain parts

Cant only enforce some parts when you veto

o Delegated

Granted by congress

o They tend to over delegate powers to the president

Bureaucracy (has the closest relation to your every day life)

o Form of social organization that forms with the size and shape

of society

o 3 broad powers of the bureaucracy

Implementation



Where congress will pass a piece of legislation

and Take the laws and turn them into operational

procedures

E.g FCC in 1934 They delegated power to them

When congress passes laws they are vague

If congress say the fcc is there to regulate in

public interest

Public interest is to vague

Fcc says PI is Corporations

Regulation

Set up the rules of the game

FCC regulates all broadcasting

Adjudication

See if stuff meets the regulations

If doesn't they can punish

E.g. Super bowl mishaps

o Fcc fines Viacom

o When country started it was 2 or 3 and now it is 15

More than 60 independent agencieso 6 characteristics of ANY bureaucracy

Hierarchy

President at the top, and then the secretary

Specialization

Division of labor

Organizing expertise

Span of Control

Specific responsibility’s, specific powers

Neutrality

Supposed to be non-biased in all decisions

Goal orientation

Certain objectives to meet

Standardization

Supposed to be predictable



o President has power over bureaucracy

Organizational Powers

Can reorganize those departments

Create or restructure goals

o Congress Oversight power of the bureaucracy

Power of the purse

Senate has advice and consent of nomination

o Not directly accountable to the people

Inherent/Unilateral

Powers they give to themselves

All crucial for the policymaking process

William howell

o A defining feature of the presidency is to go at it alone

o Peace core is an executive order

Kennedy signed this executive order

Had to use discretionary funds

Congress eventually gave full funding

Congress did not like it at first

o When presidents act

There are specific times where there is an increase in

executive orders When presidents usually act alone when there is

presidential gridlock

Or slim majority in congress

elections

Powers

o Executive orders

National security directives

No persuasion, no debate with public,

Just presidents acting on their own

o Signing statements

o Proclamations

First movers

o Presidents are first movers on policy



Shift the political status quo where congress reacts to

the president

o Presidents are tyrants

o Policy

2 things Shepard the bill in to congress

Rely on unilateral powers and ignore congress

Levinson reading

In the past, anytime president would use veto power they would

cite constitutional objections

o It was constitutional they would just move on

o Most presidents don't do this anymore

Constitution is irrelevant to them

What creates imbalance

Constitution is vague

Presidents have greater resources

o The bureaucracy

Lack collective action problems unlike congress

Information imbalance Separation of Powers working Properly?

o Executive privilege

US V. Nixon

Struck down his claim- but recognized

nonetheless

Delegate through supreme court

o Free flow of ideas when presdent talks- doesn't want stuff to

get out

o Presidents deny congress what there up to

Congress can restrain president

Power of the purse

Power of oversight and legislative authority that will undermine

what the president does



The power of impeachment

o Biggest power

o Jeffry tulless

2/5/12REVIEW

look at readings

house was designed to be the most powerful and the most prestigious up to

the civil war

then senate took over the prestige

Senate has more power because of advice and consent power and

individual consent

Requirements to be congress man senator

Age, citizenship, residency

o Know the times

Numbers

How long a congressman and senator can serve

Filibusters have increased over the year

In reform period Congressional leadership got more staff

Healthcare reform

Read pice by Jacob hacker and

Barbra Sinclair

What was the administrations congressional strategy

o First 2 years in office was used

o Legislative strategy

What where some of the major obstacles to healthcare reform

Filibuster

Public spectacle

o Not a public act anymore

Senators just threaten a filibuster



Presidents take different approaches

Changes in party affiliation

Cambell

Impeachement

The constitution analogizes impeachment to a criminal prosecution

even though it is a political process rather than legal

o 2 views of impeachment

legalistic\

HR mirrors a grand jury with the power to indict

Committee of the house investigates allegations

House votes on counts – articles of Impeachment

Goes to senate

Senate becomes jury

Find legal grounds to remove president from

office

Grounds for

political view

punishment is removal from office and cant hold

any other postion Congress cant actually try him like an actual court

So it is separate

He can be tried by another court (no double

jepordy)

It is a political process

Hearings

Question executive officials

Deny appointments

Violating another branches power

Impeachment is used to keep president in

line

Keep branches equal



Constitution requires impeachemtn as part of its

political process at the same time it it intents

ahtat is hould not be politics

What the prez did requires a political

interpretation A crime depednting on political

circumstances

polarization

causes and effects

Nolan McCarty

Framers

What are the factors that influenced the constitution

o British empire

o AOC

6 constitutional shackels

unilateral

Newstat

o persuasion matters for the presidency

in William howell reading when are presidents likely to use them and not likely to used them

Barbra Sinclair

MOVIE

Clinton tried with health care and he tried and failed

Rahm Emmanuel was the force behind pushing congress

Tom Daschell was not liked- had money problems (Limo thing)

Ignannie would only be ok if people where forced to buy health

insurance

Montana senator takes over (Max Baucus)

o Swawed by special intrests groups

o Met with a Pharm lobbyist

o Obama not allowed to cut drug prices

Republicans did not want to give in



Obama stuck it out with original plan

War with insurance industry

Democrats started going against health care bill

Bill passed in senate

Ted kennedy diedo Seat became republican

Republicans

Got passed on party lines

Strategy

Get through congress with out changing it

Principles

o 3 committees that could negotiate one bill to be introduced in

all of their committees

o get as many democratic votes as possible

moderate and conservative democrats without losing

liberal

o Obsticle

Republicans did not want bill at all



1/18/2012 2:18:00 PM

3/26/11

Judicial Branch

Lesser of the three co-Equals

o Not a great deal of power

Congress has all the money President commands the military

Supreme court has Ideas

Major Policymaker

o Not weak in policy making

o Very political

Presidents pick people who think like them

o Thought time we have had different interpretations of

constitution and law

Dual Curt system

Federal Courts

o They trump state courts and can order them around

o District courts

94 (Trial Courts)

300,000+ cases a year

o Appellate Courts

13 Geographically Based

60,000 + caseso Supreme Court

9,500 cases Filed

80-100 cases Heard

State Courts

o Hear 99% of all cases

Nine Justices

Chief Justice + Eight Associate justice

# determined by congress

o Chief Justice John Roberts

Anonin Scalia

Anthony Kennedy

Clarence Thomas



Ruth Bader Ginsburg

Stephen Breyer

Samuel Alito

Sonia Sotomayor

Elena Kagan

Appointed by President

Confirmed by Senate

Lifetime appointment

800 + Federal Court Judges

Lower Court Nominations

Presidents have the least power over district courts

Senatorial Courtesy

o Senate will refuse to confirm people to federal

positions(courts) if they do not have the support from the

senator of their state

Blue Slips

o Chair of senate Judiciary committee holds confirmation

hearings for all federal judges

Chair will send a letter to the two senators of that state

saying they would like their feedback on the nomineeon a blue slip of paper

For or Against

Sen. Orrin Hatch

o Clinton

o Bush II

95% of all district court judges come from the same party as the appointing

president

American Bar Association

1946

o they set up their own committee to review the appointees

Eisenhower – 1953

o Created a Link to the ABA

Bush II -2001



o He ended the link to the ABA because they where getting to

liberal

Obama Opened the link up again

Nominations Constitution Silent on qualifications

o Professional

o Representation

o Ideology

Obama won’t appoint a lot of Republicans

All judges have been lawyers but did not all have law degrees

Other Factors

Timing of vacancy

o Can be a more liberal or conservative candidate

Composition of senate

Public approval

Attributes of outgoing justice

o Black outgoing judge- bring another in

o Jewish seat

o Sex

Pool of candidateso May have an ideal candidate but they may not exist

Failed supreme court nominatiosn-27

Started with Washington

o 1795- John Rutledge

Opsies!

Ike – Earl Warren

Reagan – O’Connor and Kennedy

Bush I – Souter

Truman on Tom Clark

Other Influences



Solicitor General

o Governments lawyer

Legislation

o Laws can expand court, make it smaller, differentiate how we

interpret constitution as well Enforcement

o President and congress don't have to enforce supreme court

laws

Unilateral Powers/ Signing statements

o President acts like supreme court regardless, signing

statements,

MISSED LAST 10 MINUTES OF CLASS- GET NOTES

3/28/11

Balancing Act

Contentious Nominations

o Most failed type of Nomination

o Since presidents are trying to leave a legacy, Judges are very

important because they have major influence of policy

Vacancy Crisis

As of March 2010, 12% of District court Seats and 11% of seats onappellate courts remained vacant

o Due to polarization

o Trying to keep partisan balance

District Courts confirmation rates (Sarah Binder Reading)

1947-2007 sharp decline in confirmation rates

Appellate courts confirmation rates

1947 -2007 drop to 47% confirmation rate

Nixon – 0 lower court rejections

Reagan – 10%

Clinton – 24%

Failure Rates for nominations Not Even



DC - <60%

7Th - >10%

9th – 45%

Length of Nominations Late 1950s – 6 months

Late 1990s – 20 months

1947-2008

30 days to 150 days now (District court nominations)

Court of Appeals

1940s – 1980s

o 2 months

1990s –present

o 5- 6 months

David Hamilton

o Nominated to appellate court

o Served on a federal trial court for more than a decade

o Very centrist

o 8 months for him to be confirmed

o Used as pawns Failed nominees

o Based off court of appeals

Roughly 1 and half years to fail

o Estrada example

Conservative

Democrats did not want him

After two years he withdrew his nomination

Causes

Polarization

o One of the biggest causes

o Ideological gap between the two parties

o Least polarized congress resulted in a 99% chance of

confirmation

Most polarized had 33% likelihood of confirmation



Divided Gov.

o 6 of every 10 years is divided

o a president who is a democrat and a republican congress

Elections

o Vacancy hoarding When you face a divided government, there is stalling

tactics

o 40% less likely for a presidential election year

Partisan balance of Court

o Increase in the senates blocking power

Courts and Presidential Power

Judges have less legislative experience compared to previous

judges

o More professional experience with executive branch and less

with federal and state legislatures

o Lack of action by the congress is like tacit consent of the president

4/2/11

Why We Fight

4/4/12

“when the president does it, it is not illegal” - Richard Nixon

this describes war powers

Invitation for struggle

between the president and congress

Fundamental Imbalance

Executive Branch 24/7/365

Presidents run foreign affairs

o President runs the show 24/7 unlike congress

Checks and Balances?

Presidents as “sole Organ” of Foreign Affairs?



o Who should lead?

Collective Decision Making

Constitutional Rises

“Constitution assigns to congress senior

status in a partnership with the presidentfor the purpose of conducting foreign policy”

Unitary executive “intolerable” to the Framers

Presidential Powers

Treaties

o Make treaties with other countries

Appoint and Receive Ambassadors

o Appointments is a shared power with the senate

o Presidents can receive anyone they want

Commander-in-chief

o Shared congressional power

o Acting under the authority of congress

ALL SHARED WITH CONGRESS

Congressional Powers

At least 14 responsibilities

o Common Defense

o Regulation of Militaryo Regulate foreign commerce

o Declare war

War Power

Congress Declares War

o “Dead Letter”

let the people initiate wars through their reps

David gray Adler

Framers did not give a sole war making power

Presidential war power is strictly defensive

Repel invasions

Commander-in-chief?

Executive power clause?

Status assigned to them by congress



o In the execution of policy made by others

This is a power to carry out the will of congress

Example:

Clinton’s ,Missile attack on Iraq (Clinton, constitution, war powerreading)

o June 26,1993

o Ordered missile attacks on Iraq based on CIA intelligence to

assassinate Bush I

o Cited powers that are completely baseless

Power has preplaced law, usurpation has replaced amendment and

executive fiat has replaced constitutionalism.” Adler

World War 1 and II

Cold War

Powers easily surrendered are not easily recaptured.”

Congressional Responses

Power of Purse

o Congress can cut funding anytime they want

Legislation

o (ex. War powers Resolution) Presidents ignore it

o War Crimes act-1996

Republican congress passed a war crimes act to restrain

president Clinton

Subject to international law

Oversight

Impeachment

4/9/11

Politics of Oversight

Lack of Oversight

o Ornstein and Mann

o From legislative branch checking executive

o Oversight is dropping from congress

o More “fire alarm” hearings over “police patrol” hearings



Fire alarm is more like scandals and congress goes

crazy

Solyndra

Fast tracked funds for the company

Fire alarms don't do anything, mostly political Don't make any policies, just embaress

Police Patrol is to make sure people

Deals with prevention and much more proactive

How can we prevent another September 11th

An extensive amount of resources is used for scandals

(christmass list and potentional donors) and people

being tortured

o Causes

Congress has lost its Institutional identity

Co-equal and independent branch of government

Mailer, story in the senate, Lyndon B. Johnson

asked incoming senate majority leader he still

wanted to be in charge of senate caucus

Not ok because they

Congress acts as adjunct instead of partner

“Stove piping”

Committees have jurisdiction on cases They don't look at the bigger picture

Permanent campaign

Image making that turns governing into

campaigning

Government turns into a permanent campaign

More time raising money rather than actually

governing

Partisan Composition of congress is key factor

o Howell and Pevehouse

They focus on foreign policy

Congress can stop war

If you have a divided Gov, oversight will increase

If you have unified Gov, Less oversights



o Need an opposition party in one of the two chambers of

congress to have oversight

Congressional collective action problems vs. peerless president

o Suffers from collective action problems

Egalitarian vs. Pyramid (executive)o Arlen Spector

At the committee level there is problems because

everyone has the same voting power

Partisan surveillance within the party

Can check congress through there own membership

o Media wants to talk to them than everyone else

o Frame argument in the media

o Media prefers Prez of Congress

Other Problems

Executive privilege

o Presidents justify holding information from congress or the

courts

o Don't want advisors censoring themselves if it can become

public knowledge

U.S. Nixon

o Political process determines extent of privilege

o A presumptive privilege ….o Lots of congressional pushback here, not always this way

Separation of powers is based on coordination

o With executive privilege it is very hard to check them because

they are keeping everything secret

Executive privilege during the bush administration

o There is there is disdain for sharing information

o There is a very guarded administration sharing the least

amount of info they could

o Energy taskforce, whose part of this energy task force

Law that says you have non governmental people, you

have to have transparency

White house says the GAO and congress has no

constitutional authority to oversight

They gave receipts in the end



Due to

In 2002 the GAO sued the Executive branch, court

threw it out saying it was a political question

o Jesslen ….

She showed that an American who joined the Talibanwas being interrogated with out a lawyer and may have

been tortured

o Obama and whistleblowers

Prosecuted the most whistleblowers through out history

He campaigned on more transparency

1930s – 1960s: Era of the Imperial Presidency

o Presidents is just running the agenda

1970’s – congressional Pushback

o period of the imperiled presidency

Church committee, exposed everyone we killed through the

1970’s

1980’s- Present: Partisan posturing

o a great deal of polarization

president triumphs in the end

Iran-Contra

Test-ban treaty rejection

War crimes act Recodifies the Geneva Convention

New start treaty

Nuclear treaty Russia

o Superficial decent or criticism

Impeachment

No president has been every convicted of Impeachment

o Old Jeffery tulles piece

Impeachment has been mostly a political power but it has been

turned into a legalistic power, and therefor marginalized

President can be impeached for high crimes and misdemeanors

o Starts in the house, house votes for articles of impeachment

Like a grand Jury

o Then to senate, senate tries and convicts the president

Chief justice presides over it



Need a 2/3rds majority in senate

o Only 2 have been tried, 3 have been threatened

Can be criminally tried after impeached

o Impeached is for political processes

Lot of aiding and a beading than presidents leading an evil plano Congress is pushing prez to subvert congress

4/11/12

Representation

Who, What, When, Where, Why, and How

You are acting on the peoples behalf

A trustee is done for a specific reason and acts on their own beliefs

Delegate--- Instrument

Acting on the peoples behalf

That assume that the constituents wishes are followed

Trustee--- Personal Judgment

Acting on behalf and to their benefit

They will follow there own course of action

Tension in Representation Between these to types

Difficult to define

Boils down to political assistance

o You are assisting others

Institutional Context

o They also represent an institution

o for those who are either working in the House or the senate

they influence the way they represent

o try to represent the majority of that group

What? (Hanna Pitkin)

“Acting in the interest of the represented in a manner responsive to

them.” Subjects in a representative government are capable of



action and judgment and have control over, and access to,

governing institutions

Representatives will normally act in the interests of their

constituency. If not, the there is a reason why they strayed from

majority sentiment.

How? (types of representation)- thses blend in with each other

Substantive representation

o Representing the objective policy interests of a constituency

Eg. You like to get high, you represent Marijuana

Descriptive representation

o Pectoral representation

o Deals with social, gender, racial, economic and other

characteristics of a representative deals with there

constituency

o Our gov are not very descriptive

o Eg. 1 black senator in senate

Millionares make up less than one percent of country

but they make up 50% of congress

o Do positions of government match the demographics of

citizens

Symbolic representationo Descriptive representation devoid of any substance or impact

is symbolic

o Introduce legislation, vote for bills, but they know this stuff

has no chance of this bill to pass

They do it symbolically because people say this

important to us and they want it part of the

congressional record

May create trust and support between the

representative and the constituents

Surrogate representation

o Representation beyond a geographical local

o If you identify as socialist, Bernie sanders of Vermont is a

socialist



o McCain is a veteran, can serve as a surrogate as other

veterans may on represent you directly, or you may not have

elected them, but they serve as a surrogate

Anticipatory representation

o representatives will attempt to anticipate what theirconstitutes want or value in the future, and will act

accordingly

o “crafted talk”

o politicians have a certain view point and through polls, and

other things they want to bring you into there camp and they

frame there message in a different sense

this is a trustee style

they think they are right

Why?

Republican Form of government

Federalists Anti-Federalists

Unitary Adversary

Refined/ Elitist Rep Local Interests

Trustee/Detached Replication

Virtual with Actual Delegate Rep

Actual

Anti-federalists

o Thought constitution would be very constrained

o Wanted things to be much more democratic

Direct interests of the people

o Local interests

Bottom up style

o Delegate style

Replication Instrument directly on the behalf of the people

o Federalists

o Senate style

Unitary



Act on behalf on the entire public rather than one

sector of community

National interests

o Elitists

Wanted a refined style They wanted to filter bad stuff out

Passions of the people may be good but it

may not be right

When? Where

Geographic representation

o We are one of the few democracies that still uses geographic

rather than proportional

“first- past the post”

o Distorted Policy Making

Focused on the senate

Population is irrelevant in the senate, based on

geographic

The idea of 2 congresses

National legislatures

Local interests

This trumps national preference most of the

timeo Violation of Intrinsic Equality

Side payments

Allowing individuals to hold policy hostage, makes

national politics irrelevant

Skews policy

o For national security big state like

Wyoming got same amount of funding

as NY

Same amount of voting power

A couple of thousand

people vs millions

Are preferences should be given equal worth

One person one vote

The senate violates this



One of the highest inequality rates when

link representation to senate

4/16/12

Skewed Outcomes

Annual Share of Federal Expenditureso California = $132 per Capita

o Wyoming

RACE, GENDER, CLASS, AND INSTITUTIONAL REPRESENTATION

Hawksworth piece

Katherine Tate

Race and descriptive representation

“Do Blacks feel that they are better represented… When their

representative is Black?”

o Yes… But party affiliation matters

o Race and Party

Gender Matters

Political arena as “Gender neutral”?

o Not the case

o Make up 17% of congress whereas they make up half of thepopulation

o States do not have female representatives either

o Incumbency advantage is even more difficult for women

Governing and Leadership styles

o Will support progressive issues

Welfare, gun control, women’s rights

Will take the time and energy to make sure this

stuff gets passed

o Leadership is different

They will be more cooperative style

Men will use aggressive, zero sum tactics

Constitutional barriers to effective representation

Unequal power dynamics

Intersectionality



o You cant separate who you are

If you are a black female, you cant separate black self

and female self

o John Boehner will be treated differently to Pelosi

o Alan West, black congressman will be treated differently

Raced-gendered

Involves the production of difference, political asymmetries, and

social hierarchies that simultaneously create the dominate and the

subordinate.”

E.g. decisions on the golf course

Congressional bathrooms

Equal Work But not on equal terms

103rd and 104th congress

o Topic extinction

Absolute silence on issues

Don't acknowledge them

o Pendejo Game

Play dumb and ask for more information

Say they don't understand, can you get more research

No intention on being influenced Ways to put congresswomen of color “in their place.”

perpetual outsider

African American women reported insults

o They face different power hierarchies

Police would always ask for ID when entering

Newt eliminated a lot of the caucuses

Class Dismissed (APSA piece) -bartels

Unequal voice

o Why Participate?

Because you can

You want to

Or some one asked you

Resources, motivation and mobilization



o Much higher levels in rich

Rep responsiveness based on class

o Working class “mumbles” to reps

o Upper speaks in a loud clear and consistent message

Reps are more responsive to themo Rich participate much and at higher levels than working class

o Senators will consider views of constituents in the upper 1/3,

no weight in bottom third

APSA

o What government officials here is what they will do

Bartels

o Why are the poor being ignores

Conventional wisdom not correct

Nothing to do with voting

Rich not more influential because they vote

or know stuff about politics

Modest support for contacting government

officials

Big one is campaign contributions

Public opinion could be wrong

Healthcare reform

o Nobody likes healthcare reformo Every one likes those provisions

o No one likes the idea

Non-military Foreign aid

o We think its 20%

o Less than 1% of budget goes to

o People think it should be 5-10%

4/18/12

Interest Groups and lobbying

Sen. Obama VS. Pres. Obama

o Honest Leadership and open Government Act HLOGA (Passed by

Sen Obama)



o Prohibits senior staff from lobbying their former office or

committee for a year

Then to the senate for 2 years

o No travel gifts from lobbyists

o Lobbyists have to register with the government Two E.O.’s and three Memos

o Pres Obama

Lobbyists cant take executive postions

Mccain and Obama said no lobbyists registered

They made exceptions though for top campaign

staff

You have a right to petition grievances with GOV- 1st amendment right

That's what lobbying is

Recent Proposals Under Review

Prohibit 2 million + Federal workers

o “Gifts of free attendance”

o Cant go to seminars and reception run by lobbyists

Curry favor with policymakers vs. ensuring that policy is not made

in a bubble(lobbyists say)

o E.G. MPAA is run by a former senator

o Lobbyists More importantly your treating us like predatorsand we are not predators

o Only in executive branch

Entrenched Interests

Nine billion dollar industry

13,000 People

It is Hard to reform them(lobbyists) when you need them”

o Thruber

Lobbyists serve as prevayers of Information

Last November there was 17,500 a plate dinner for Obama

o Said the government should be about interests of people not

lobbyists (the people at the dinner)

Obama does make there visitor logs more transparent

Obama Administration in rhetoric and practice



Letter and spirit of the rules and regulations?

o It is by the letter but not the spirit

o Working their way around definition of lobbyist, it becomes

strategic advisor

E.g. Tom Daschle and healthcare reform

Money and Politics

Can get arount things

It is very influential

Money will get you a seat at the table and…?

Lobbying and the status quo

98 Policy issues

o 4 years

last 2 years of Clinton, first two years of Busch

two administrations

1. Preserving policy; not crafting new policy

Keeping the status quo

no policy change for 60% of issues

2. money has little impact

19% chance that delt with money

o if the balance of resources was skewed heavily towards oneside

3. Finite attention in DC

42 of 98 issues suffered from lack of attention

o funding hearing tests for newborns

o even if they had no opposition

47 died in committee system

when it does have attention something will happen

4. Punctuated Equilibrium

comes from evolutionary biology

when change does occur it tend to be substantial than incremental

o it is substantial because the new policy uproots the things

that protect the status quo

long-term stability marked by radical change

Policies that did change were dramatically altered



“the Flay in the pluralist heaven is that the heavenly chorus sings with a

strong upper-class accent

E.E. Schattschneider

Lobbying is elite pluralism Elites Competing on a level playing field, but not 80% of the US

Lobbying congress (differences in house and senate)

1. Big Vs. Small Picture

i. Senators are given the big picture

ii. Reps are given more the details

2. Contact

i. Usually have direct contact with Reps but not Senators

1. They have to convince the senators staff

3. Style

i. Reps are mass market lobbying, senators are more specific

4. Champions

i. Get notes

5. Predictability

i. You want the leaders on board for the house

ii. In the senate every member counts

4/23/12

Congressional Reform

Problems

o Polarization

In a less polarized environment you get more different

types of policy

o Lack of oversight

o Skewed policymaking

o Less output

o Unilateral presidency

If congress cant do their job the president picks up the

slack

o Too much $$$



No effect on lobbying

But its everywhere

o Less Civility

o High Rejection Rates of Judicial Appts.

The entire confirmation process is taking a lot longer

time

o Vacancy Crisis

10% of district court seats are not filled

o Problems with representation

Lots of barriers

What is to be done?

Is congress capable of reform in today’s political environment

o Approval rating- 14%

Overwhelming majority of public does not like congress

o Congress has to reform themselves

Filling a Seat

2009- Four states had vacant senate Seats

EX. Roland Burris

o Rod Blagoyavich

o Senate didn't recognize the appointment He did eventually serve for little over a year

o Harkens back to the 60’s when a representative had the same

problem- he had personal problems and legal conflicts

Was not accepted by the house and went to the

supreme court

Powell V. Mccormack (1969)

Residency, Citizenship, and Age

Burris eventually seated

Proper way?

o 17th Amendment

If a vacancy arises in that state Governors Issue “writs

of Elections” and Make temporary Appts.



If the state legislature deems it necessary the

president can make an appointment

Changes the constitution from state legislatures

choosing senators to the people

Larry Sabato House of Reps.

o Competitive Elections

The incumbency advantages are enormous which

results in high reelection rates

Non-partisan Gerry-mandering to redistrict

Does not explain polarization in its entirety (eg. Senate)

o Bigger House

Expanding the house by increasing the number of seats

100 years ago we stopped adding 1 rep for every

30,000 people

he suggests that we should expand it to a 1000

members

British parliament works with 640

Robert Dowell argues that we have one half single

member districts and the other half proportional

o Term Limits?

Very popular among public, not unconstitutional It is democratic and undemocratic

It might go against popular will

If you put some one in that position, they are put

in a powerful position and they expect it, get

drunk with power

Might lose institutional power

Might become stale if you stay

Make a lottery for political system Eg. Jury

Its not the jury who are not making the informed

potions, all of the other actors are driving them

along here

Committees and staff would be making positions

Senate

o Increase to 135



This would take the 10 largest states and give them 2

additional senators

For the 15 second largest states, they would get one

additional senators

o Former Pres and VPs as “national Senators”? Former presidents and vice presidents if they decide not

to run for any other office will become senators

Says they are less partisan than congressman

Definitely not going to help the situation

o Term Limits?

Same as house

Mann And Ornstein

Pres leadership

More competitive elections

Office of Public integrity

Institutional identity- new work schedule

o Reforms will not eliminate arrogance, greed, insensitivity, or

impropriety.”

2 weeks in dc and 2 weeks off rather than Tuesday though

Thursday

you need personnel changeo different type of legislator

John Hibbing

“I thing it is impossible to give people the congress they want.”

Congress will never popular with the people

Conventional wisdom

o “the basic goal is to deprive congress of the power and the

will to act contrary to the people’s wishes.” (p.221)

calls for direct democracy is ill informed, what we want is more

complicated than that



nearly Half of the country (47%) “is not convinced the country

would be better off if politicians had less say and the AM. People

had more

48 percent favored largely undemocratic arrangements

not a deep yearning for any type of direct democracy Compromise is selling out (56%) but 85 percent want congress to

stop talking and take action

What do we Want?

o “decision makers who will act in a non-self-interested fashion.”

P.227

o A supreme Court?

Its because we don't see how they operate, we just see

are opinions

Bush V. Gore- the conservative majority gave it to bush,

the court remained in high regard with the public

o Just one self-serving member can ruin it for the bunch

o P236 eliminate the idea that congress enriches itself at the

expense of the public, and people would like congress more

o Empathetic factor

They haven’t experienced what I have experienced

o



1/18/2012 2:18:00 PM

congressional politics

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