The Democrats

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The Democrats problem of political framing
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In the news

• Economic stimulus bill headed to passage in
  Senate. Obama addresses the nation.
• Geithner announces bank rescue plan
• 1) Creation of a stress test for banks to
  decide which deserve government bailout money and
  which don't.
• 2) Establishment of a public-private investment
  fund that pairs taxpayer money with private money
  to buy toxic assets from banks (500 billion - 1
  trillion).
• 3) Commit up to an additional 1 trillion to get
  consumer lending and the securitization process
  going again.
• 4) A "comprehensive housing program" that will be
  announced "in the next few weeks," designed to
  help homeowners save their homes and rework their
  mortgages.

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POWERS OF CONGRESS Implied and Shared

• Implied powers
• Elastic clause necessary and proper McCulloch
  vs. Maryland (1819).
• Shared powers
• judicial selection
• confirmation of executive appointments
• creating and funding executive branch agencies
• foreign policy/defense Congress declares war
  and raises and supports armies, but President
  is commander-in-chief. Senate ratifies treaties.

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LIMITATIONS ON CONGRESSIONAL POWER

• In the original text of Constitution no ex post
  facto laws, bills of attainder, or grants of
  title of nobility.
• The Bill of Rights and other constitutional
  provisions serve as important checks on the scope
  of legislation
• examples of Federal laws struck down as
  unconstitutional original Federal Election
  Campaign Act (1976), anti-flag burning law
  (1990), Line-Item Veto Law (1998), Religious
  Freedom Restoration Act (1997), Violence Against
  Women Act (2000).
• Separation of powers dual security Other
  branches and the states (veto power, judicial
  review and federalism good examples of the
  latter are education, law enforcement, and
  election administration).

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Evolution of Congress

• February 10-12, 2009
• PS 426

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Party systems

• Experimental 1789-1820, Federalists and
  Jeffersonian Democratic-Republicans (DRs
  dominate)
• Democratizing 1820-1854/60, Democrats and Whigs
  (competitive)
• Civil War 1860-1893, Democrats and Republicans
  (Competitive)
• Industrial 1894-1932, DRs, Rs dominate
• New Deal 1932- ?, DRs, Ds dominate until 1968,
  then competitive. Dealignment/divided govt.
  since 1968.
• Realignment theory issue basis for change.

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Congressional eras, Experimental 1789-1812

• Jeffersonian ideals ad hoc select committees.
  Strong leadership the exception in the House,
  almost non-existent in the Senate. Leaders from
  outside Congress (mostly from the executive
  branch) Alexander Hamilton.
• high turnover, no professionalization.
• But parties emerge almost immediately Founders
  were anti-party (Madison and the evils of
  faction). Parties needed to solve collective
  action problems, prevent voting cycles, improve
  legislative productivity by creating stable
  coalitions through logrolling and compromise.
  Also simplifies the voting process through brand
  names.
• 1806 Senate eliminates previous question
  motion creates filibuster.

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Congressional eras, Experimental 1789-1812,
cont. (transition from 1812-1820)

• Emergence of the committee system, replace select
  committees with standing committees.
• House aftermath of War of 1812 and the demise of
  the Federalists growing factions in the DR
  party and emergence of Democrats oversight of
  the financial mismanagement by executive branch
  growing congressional workload increased
  constituent demands role of Henry Clay (textbook
  says yes, Schickler, no)
• Senate happened mostly all at once in 1816,
  created 12 new standing committees.
• Standing committee structure pretty much complete
  by 1822. Continuity in Congress compared to
  other parts of government.

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Democratizing Era 1820-1860

• Antebellum period, emergence of slavery as the
  central issue.
• Party factionalism and contests for Speaker.
• Missouri compromise and balance in the Senate.
  Missouri admitted as a slave state, Maine as a
  free state. No slavery in the Louisiana
  Territory.

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Missouri Compromise
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Civil War era 1865-1896

• Regional split Northern states were largely
  Republican, Southern states were Democratic.
  Republicans stacked the Senate by adding Western
  states.
• Less electoral competition more safe districts
  and lower turnover.
• Strong parties emerge because of high intraparty
  homogeneity and interparty heterogeneity .
• Committee system is firmly established.

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Civil War era 1865-1896, cont.

• Golden Age of Congress
• Thomas B. Reed, Reeds rules began with
  elimination of disappearing quorum, continued
  with increased use of House Rules Committee as
  leadership tool.
• Joseph Czar Cannon power based on control of
  the committee system, scheduling, and floor
  debate.
• However, increasing conflict within the GOP
  Old Guard vs. Progressives

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Textbook Congress 1912-1968

• Revolt against Joe Cannon, 1910. Stripped the
  Speakers power to appoint committees. Forrest
  Maltzmans work on this topic.
• 17th Amendment popular election of Senate.
  Fewer dynasties, wealthy senators, more
  responsive.
• Weaker parties King Caucus and later the
  domination by committees emergence of the
  seniority system and committee turf. Parties
  also weaker in elections secret ballots,
  primary nominations, direct election of Senators.
  
• Emergence of the Conservative Coalition in the
  late 1930s. Showed the weakness of parties.

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Textbook Congress 1912-1968, cont.

• Legislative Reorganization Act of 1946
  consolidate committees in the House from 48 to 19
  and in the Senate from 33 to 15. Also increased
  committee staff and congressional oversight.
  Strengthened Congress to resist presidential
  encroachments.
• Norms of apprenticeship, specialization,
  reciprocity, be a workhorse not a showhorse,
  institutional patriotism, courtesy. However, no
  serious penalties for violating norms and recent
  research shows some of them may not have been
  that strong.
• Pressures for change after 1958 midterm
  elections a disparity between the caucus and
  committee chairs 39.3 of House Dems were
  Southern, but 61.9 of committee chairs were
  Southern. Formation of the liberal Democratic
  Study Group (DSG).
• Battle over Civil Rights policy expansion of
  Rules Committee in 1961.

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Post-reform 1974-?

• Watergate class of 1974. Legislative
  Reorganization Act of 1970 and Subcommittee bill
  of rights (1973) more power to SC chairs, open
  committee meetings and written rules, committee
  assignments changed again (caucus votes on the
  Committee on Committee decisions rather than Ways
  and Means committee), seniority norm violated
  decentralizing influence.
• But also gave more powers to the Speaker (task
  forces, multiple referral, appoint Dems on Rules
  Committee).
• Sunshine reforms open up the process, more open
  hearings, more recorded votes (teller votes vs.
  electronic voting), later C-SPAN.
• Budget and Impoundment Control Act (1974), War
  Powers Resolution (1973).

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The Republican Revolution, 1994

• Gingrich had been working for this for 10 years.
  Old style/new style leadership of the minority
  party.
• 1994 changes strengthened Speaker even more,
  term limits for committee chairs, abolished three
  standing committees, reduced committee staff, did
  away with some perks.
• Contract with America some success in House but
  much of it was stopped by the Senate.
• More power to Gingrich control over committee
  assignments and the policy agenda.
• High point was 1996 welfare reform, health
  care, minimum wage. Both Clinton and Republicans
  wanted something to show before the 1996
  elections.

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Republican Revolution, cont.

• Things start to unravel
• Budget showdown with Clinton, 95/96, government
  shutdown.
• Gingrichs ethics problems, splits within the
  party.
• Overreaching on impeachment. The 1998 midterm
  losses and then Gingrich resigns.
• Dennis Hastert. Tom The Hammer DeLay continued
  the Gingrich approach. Good cop/bad cop.
• Unified govt. again in 2001, but then Jeffords
  defection in 2001. Rs regain the Senate in 2002.
• 2006 midterms and the return of divided
  government. Dem. gains were solidified in 2008
  and Obamas win produce unified government again.

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General trends party polarization

• Increased party polarization and party unity.
  Party polarization in Senate was highest in 120
  years and was the third highest in the House in
  2006.

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Party polarization, cont.

• Rise of the Republican party in the South
  conservative Southern Dems switched or lost.
  Moderate Rs decreased in number in Northeast and
  Midwest.
• Reaganism and the centralization of politics at
  the national level. Gingrich and DeLay carried
  this forward in the House. Senate always a
  moderating force, but still polarized.
• More aggressive party leadership
• increasing use of rules to limit members
  options, more omnibus bills, more closed rules
• party leaders more involved in recruiting and
  funding their parties candidates (leadership
  PACs role of party committees in fundraising,
  soft money), although typically this support was
  not tied to party loyalty. Parties still had a
  main focus on winning.

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General trends balance of institutional power
between President and Congress
Balance of power, 50 is equal Pres/Cong
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General trends Size of the House