Democracy Under Pressure Chapter 12 The Congress.

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Democracy Under Pressure Chapter 12 The Congress

Transcript of Democracy Under Pressure Chapter 12 The Congress.

Democracy Under Pressure

Chapter 12

The Congress

The Congress

• In October 2002, both houses of Congress authorized the president to use military force against Iraq. The authorized cited Saddam Hussein as a continuing threat who might use weapons of mass destruction against the United States.

• The action in the House was a party line vote: a majority of Republicans opposed a majority of Democrats.

The Congress

• Four members who sought the Democratic nomination-Kerry, Edwards, Lieberman, and Gephardt-supported the resolution. The other two-Graham and Kucinich-opposed the resolution.

• The Democratic presidential aspirants were questioned about their votes. Kerry had some difficulty.

Democracy Under Pressure

Congress: Conflict and Controversy

Congress: Conflict and Controversy

• Most of the conflict and pressures of the political system are reflected in Congress.

• Congress can enact far-reaching and vital legislation.– Lawmakers often succeed in pushing through pork-barrel

legislation, benefiting their home districts.

Congress: Conflict and Controversy

• Congress is often criticized for failing to act, obstructionist rules, low ethical standards, and a variety of other imperfections.– It failed to act on Medicare until 1965, 20 years after it was

first proposed.– It waited until 1993 and 1994 to pass major gun control

legislation, despite the assassinations of John F. Kennedy, Robert Kennedy, and Dr. Martin Luther King, Jr., in the 1960s.

– Too often Congress is caught in gridlock and unable to act.• Ralph K. Huitt notes that the obstructionist critique has often

come from liberals like Kennedy and Truman who had trouble getting their programs passed.

Democracy Under Pressure

The Varied Roles of Congress

The Varied Roles of Congress

• Congress plays a crucial role by making laws that govern society.

• Congress plays other important roles, including:– Proposing amendments, declaring war, and impeaching and

trying the president, other civil officers and judges.– Handling the election of the president and vice president

should the electoral college fail, and determining whether the president is disabled.

– The Senate also consents to treaties and appointments.

The Varied Roles of Congress

– Through senatorial courtesy, individual members of the Senate can exercise an informal veto power over presidential appointments in their state.

– Regulating and punishing its own members' conduct.– Overseeing the executive branch and independent

regulatory bodies.– Overseeing spending in government agencies by exercising

oversight, as they did when Firestone tires became defective.

The Varied Roles of Congress

– In February 2002, the House and Senate Select Committees on Intelligence investigated the intelligence agencies to discover why the agencies failed to adequately warn against the 9/11 terrorist attacks.

– Legitimizing the final output of the policy process.• As a conflict manager, Congress helps to integrate various

groups and interests within the community, acting as a referee.

• In resolving conflict, it may make enemies in the process of trying to do good.

• As noted in other chapters, gerrymandering of districts limits congressional access to African American and Hispanic citizens. Congress is still a point of access for citizens to their government.

Democracy Under Pressure

The Legislators

Portrait of a Lawmaker

• When the 108th Congress convened, the average age of House members was 54. The average of the Senate is almost 60.– The age average is due in part to the constitutional age

restrictions.– Also, members have to pay their political dues in lower level

jobs before running.

• More than half of the nation's population is female, but only 13.6percent (59 members) of the House is female. Fourteen women served in the Senate. There are 37 African Americans, 23 Hispanics, and only one Native American in Congress.

Portrait of a Lawmaker

• Attorneys make up 41 percent (221) of Congress, but lawyers make up only seven-tenths of one percent of the labor force. Other major occupational groups represented in Congress include business, banking, education, journalism, and agriculture.

• Congress is mostly Protestant, 149 were Catholic, and 37 Jews.

• Since Congress is not representative of a cross section of the public, it is not surprising that underrepresented groups feel left out.

The Life of a Legislator

• There are so many demands on members of Congress that they soon discover that they cannot possibly do all that is expected of them.

• Most of those elected to Congress spend a fair portion of their day trying to take care of constituent problems. This involves regular travel to and from their districts.– As of 2004, members of the House and Senate received

salaries of $158,100 per year.– Other funds are available for staff, office supplies, phone

calls, travel, and special mailing assistance.

The Life of a Legislator

• As of 2004, members of the House and Senate received salaries of $158,100 per year.

• Other funds are available for staff, office supplies, phone calls, travel, and special mailing assistance.– The "franking" privilege provide members with the right to

send mail to their constituents without charge, providing it is used only for official business and does not solicit funds and votes.

– Computers make sophisticated mailing lists and targeted mailings possible.

The Life of a Legislator

– Since 1990, new rules limit the amount of mail that members can send to constituents. Members also must pay for those mailing costs out of their increased expense budgets.

– Computers enable Congress to target specialized groups with their mailings. All members have e-mail addresses and a Web page.

The Life of a Legislator

• On a typical day, a member can spend an hour reading mail, making calls, and dictating memos, followed by a 10 A.M. committee meeting, and lunch (if time permits). They then dash to a floor vote, later returning for a committee meeting and to meet with constituents in the office. Next come receptions sponsored by powerful interest groups. After that, it's back to the Hill or a flight back to the district.

The Life of a Legislator

• Members were surveyed about how they spent their time.– More than two-thirds said they spend a great deal of time

meeting constituents.– Just under one-half said attending committee meetings took

a great deal of time, as did meeting with lobbyists and government officials on legislative issues, and attending a floor debate or watching it on TV.

The Life of a Legislator

– Seventy-seven percent listed legislative work as their most time-consuming job.

– Among the things that drive their work priorities: working for district interests, aspiring to party leadership, running for higher office, becoming an issue specialist, or taking on an issue that brings national exposure.

The Image of the Legislator

• Congress and its individual members enjoy a rather mixed public image.

• The public's ranking of Congress has dropped from 64 percent in 1965 (ranking its performance from excellent to pretty good) to 29 percent in 2004 (saying they had "a great deal" to "quite a lot" of confidence in Congress).

The Image of the Legislator

• This low confidence likely drives the call for term limits.

• Paradoxically, the voters love and reelect their own district representatives.

• Through 2002, 93 percent of the House members and 80 percent of senators were returned to office.

Representation: the Legislators and Their Constituents

• Should members of Congress lead or follow the opinions of their constituents?

• British political philosopher Edmund Burke felt that the voter's wishes should create weight, but concluded that "Your representative owes you, not his industry only, but his judgment."

Representation: the Legislators and Their Constituents

• The Burkean concept of the trustee holds that legislators should act according to their conscience. This clashes with the concept of the instructed delegate-that is, that legislators should mirror the will of the constituents.– Members who attempt to follow opinion find it difficult to

accurately measure opinion.– Their constituencies are also made up of different issues

and positions, so they please one group and anger the others.

• Roger Davidson and representatives find that blending the two works.

Representation: the Legislators and Their Constituents

• Davidson and colleague Walter Oleszek say there are two Congresses: one that legislates and one that must relate to the districts and constituents in order to be reelected.

• In studying how legislators make up their minds, David Mayhew concluded that their relationship with their constituencies is key.

Representation: the Legislators and Their Constituents

• Members generally vote according to their known policy positions. When they cast a vote on an issue that is complex, members look for clues from trusted colleagues.

• There is often a gap between constituents' actual views and the legislator's perceptions of those views. Half the voters surveyed had heard nothing about either the incumbent or the opposing candidate.

Democracy Under Pressure

The House

The House

• Although we speak of Congress, the House and Senate are distinct institutions, each with its own rules and traditions.– The Constitution establishes one major difference: A House

term is two years, a Senate term, six years.– The sheer size of the House (435 members) means that it

needs stricter rules and procedures than the Senate, which only has 100 members.

• Senate rules call for unlimited debate.

• House rules can limit debate to five minutes or less.

The House

– Since the Senate has only 100 members, the positions are seen as more prestigious. Senators more likely to be seen as presidential prospects.

– House members aren't well-known by their own constituents. Although many voters cannot remember the name of their representative, they could recognize it from a list.

– Despite its size, the House has achieved a stability of tenure and a role never envisioned by the Founding Fathers.

• They feared the vacillation of the House on issues because it was too close to the masses.

• They saw the Senate as more of an aristocracy, with all the stability that would entail.

The House

– Ironically, on some issues, the House and Senate have exchanged places in terms of the expectations of the framers.

– House seats are safer than the Senate (thus more stable). Safe seats mean one candidate gets 55 percent of the vote or more. Fewer House seats are marginal.

• Marginals may be making a comeback, though.

• In 1994, the House, with 73 freshman GOP members, was more conservative than the Senate.

• Still, there has been a major turnover in House seats. A majority of the 104th Congress had been elected in the 1990s.

• Some members just got tired of running every two years.

Power in the House: the Leadership

• The speaker is the presiding officer and the most powerful person in the House.

• The speaker must preside over the House, recognize or ignore members, appoint chairs, refer bills to committees, and exercise procedural controls.

Power in the House: the Leadership

• The speaker is elected by the House, usually by a caucus, and exercises more formal powers than any other member.– Thomas "Tip" O'Neill played a key role in the decision to

hold impeachment hearings that became a factor in Richard Nixon's resignation in 1974.

– O'Neill's successor, Jim Wright, found himself under fire over book royalties. His book had been published by a Texas supporter who received money from campaign committee. Wright was forced to resign.

– Wright was followed by mild-mannered Tom Foley, a Democrat from Washington.

Power in the House: the Leadership

• In 1994, Speaker Newt Gingrich, the one who brought ethics charges against Jim Wright, became the speaker.

• Ironically Gingrich would later be criticized for a book deal and actions as head of the GOPAC political action committee.– Gingrich hurt himself by being so aggressive in attacking

opponents.

– He came across to the public as arrogant for complaining about having to go out the back door of Air Force One on a flight with the president.

– In 1998, Gingrich resigned as speaker and left Congress. He was succeeded by Dennis Hastert.

Power in the House: the Leadership

• In 1999, Dennis Hastert of Illinois became the 51st speaker of the House. He was promoted only after the sudden resignations of his predecessors, Newt Gingrich and Bob Livingston.

• The speaker has two key assistants: the majority leader, who schedules debates and negotiates with party members and committee chairs, and the majority whip, who rounds up party members (noses) for votes.

Power in the House: the Leadership

• In January 2003, Nancy Pelosi, a democrat from San Francisco, became the first woman to become minority leader-the first woman to lead a major party on Capital Hill.

The Rules Committee

• Exercises considerable control over what bills are brought to the floor.– Major legislation usually requires a "special rule" to limit floor

debate and bill amendment.– The whole House must adopt each special rule before it

goes into effect.

• Since 1970, Democratic party rule permitted the speaker to appoint all of the members of his party on the rules committee.

The Legislative Labyrinth: the House in Action

• The basic power structure includes: a speaker, floor leaders and whips of the two major parties, the Rules Committee, and chairpersons of 19 other standing committees.

• About 5 percent of all bills and joint resolutions that are introduced become law.

• In the 107th Congress, 7,439 bills were introduced. Yet, only 377 became public laws.

The Legislative Labyrinth: the House in Action

• Steps in the process:– After a bill is introduced in the House by a member, it is

referred to a standing committee by the speaker.– Only about 16 percent of bills get out of committee to one of

the five calendars or on to the floor of the House.– Two days a week, any bill may be debated under

"suspension of the rules."

The Legislative Labyrinth: the House in Action

• Floor debate requires a quorum (218 members).– When dealing with tax and spending legislation, the House

uses the Committee of the Whole. This allows it to conduct debate with fewer members and restrictions.

– Prior to 1971, teller votes were used in the Committee of the Whole. When members filed forward, no one could see how they voted.

– A recorded vote is more common today. The position of each member is published in the Congressional Record.

The Legislative Labyrinth: the House in Action

– In 1973, a system of electronic voting was installed in the House. A green light appears for a "yes" vote, a red light appears for "no," and an amber for "present." This reduces the need for recorded votes.

– Recorded votes are requested by members as a delaying tactic to round up their forces. It can be used against them by opponents.

– When debate is completed in the Committee of the Whole, the House may vote on final passage, send a bill back to its committee of origin, or send a bill back to the committee with instructions that further changes be made.

Televising Congress

• Despite major opposition, live radio and TV broadcast of floor debate began in March 1979.

• The nonprofit network C-SPAN provided gavel-to-gavel coverage of floor action to nearly 7,900 cable television systems and 86 million homes in 2004.

• Cameras (which are operated by House employees) are not permitted to pan the floor and expose sleeping or strolling members.

• Television coverage of the Senate began in 1986. Its opponents later conceded that TV had little or no impact on the way Senate business was conducted.

Democracy Under Pressure

The Senate

The Senate

• The Senate is sometimes referred to as the rich man's club.– Membership is small, and the chamber is opulent.– There were 40 millionaires were senators in 2004.– Senate rules have changed markedly since the New York

Times senate correspondent wrote that the Senate was an "Inner Club" run by Southerners.

– Don Matthew has noted that the Senate has unwritten rules and norms of conduct.

– Freshman senators are to be work horses and older senators "show horses."

The Senate

– There are elaborate customs dictating how senators address one another.

– Nelson Polsby says Senate norms are not as important today.

– Newcomers want national attention today, not tomorrow.– Freshmen members no longer stay on the sidelines,

according to Barbara Sinclair.– Peabody, Ornstein, and Rohde trace the decline in norms to

John F. Kennedy, who wanted to speak out to better prepare himself to run for president.

The Senate

– Senators no longer seek to be one-area specialists, but prefer to be generalists (to better prepare themselves for the presidency).

– Five of the nine candidates for the Democratic presidential nomination were senators or a former senator in 2004.

Power in the Senate: the Leadership

• According to the Constitution, the president pro tempore presides over the Senate when the vice president isn't there. It's largely a ceremonial position. (The Senate majority leader exercises greater influence.)

Power in the Senate: the Leadership

• As in most political offices, great leadership depends on personality and political circumstances. A good example is Senate Majority Leader Lyndon Johnson (1953-1960).– His personality was powerful and he used "The Treatment"

to get his way.– He knew how to help members get what they wanted.– He controlled committee assignments and built up the

"Johnson Network" to anticipate the outcome of votes.– He used the network to get to know the strengths and

weaknesses of every senator. People took for granted that he'd get the necessary votes.

Power in the Senate: the Leadership

• His immediate successor, Mike Mansfield of Montana, was subdued. Robert Byrd, who was elected in 1977, concentrated more on making the Senate work than on influencing legislation ideologically.

• George Mitchell succeeded Byrd in 1988, but was even more low-key.

• Bob Dole served as majority leader from 1994 to 1996, when he left to run for president.

Power in the Senate: the Leadership

• Tom Daschle became majority leader in 2001 when Republican Jim Jeffords became an independent and agreed to work with the Democrats, giving the Democrats a 51-49 edge. Daschle is noted for his low-key style and willingness to consult with Democratic colleagues.

• After the 2002 elections, Trent Lott was poised to become majority leader but was forced to resign after praising Strom Thurmand's 1948 presidential bid in which he advocated racial segregation. Bill Frist of Tennessee then became majority leader.

The Senate in Action

• Senate procedures are less complex than those of the House because of the small size of the body.

• For example, Senate bills appear on one legislative calendar, not five.

• Bills are usually called up for action by unanimous consent. Any Senator may object.

• The Senate has no electronic voting system like the House. Roll call and tally are used.

The Filibuster

• A single senator or a group may start a filibuster to talk a bill to death by tying it up so long that it won't get to a vote.

• Traditional filibusters, as seen in Mr. Smith Goes to Washington, are rarely seen these days.

• Today, senators may ask for a hold, an informal tactic used to stall action on legislation or a nomination for an ambassador or other official.

The Filibuster

• To conduct an old-style filibuster, one must remain on their feet and keep talking.– The longest filibuster on record was 24 hours, 18 minutes,

presented by Strom Thurmond against the 1957 Civil Rights Act.

– Senators must speak to the topic for three hours, but after that they can read the phone book. To counter filibusters, the Senate can meet around the clock.

– Senators conducting the filibuster may retaliate by suggesting the absence of a quorum at 4 A.M.

– Today's "gentleman's filibusters" go from 9 A.M. to 5 P.M.

The Filibuster

– Rule XXII says a petition signed by 16 members and voted for by three-fifths of the entire membership (60 senators) will bring about cloture.

– At first, southerners used filibusters against civil rights legislation, but in the 1970s liberals used them against funding the Vietnam War and extending the draft.

– Senator Byrd invoked a rule to require attendance of senators. He ordered the sergeant-at-arms and Hill police to find senators and force them to come. Bob Packwood of Oregon was arrested and carried feet first into the Senate chamber.

Democracy Under Pressure

The Party Machinery

The Party Machinery

• The Senate and House are organized along party lines for both political and legislative duties.– Floor whips and deputy whips round up members for key

votes.– The party caucus or conference of each party is made up of

all of the senators of that party. They elect party leaders in each chamber.

The Party Machinery

– The policy committee is a forum for discussion of the party position on legislative issues.

– In the House, the Republicans and Democrats each have a Steering Committee that makes committee assignments. In the Senate, this task is performed by the Republican Committee on Committees and for the Democrats by the Steering and Coordination Committee.

Democracy Under Pressure

The Committee System

The Committee System

• Committees are where Congress does most of its work. Policies are shaped and legislation is hammered out.– Woodrow Wilson saw them as little legislatures: "Congress

in its committee-rooms is Congress at work."– Standing committees are permanent committees that

consider bills and conduct hearings and investigations. In the 108th Congress, there were 16 standing committees in the Senate and 19 in the House.

– At times, Congress may create select committees to conduct special investigations. There also are joint committees with members from both houses.

The Committee System

– Members of House and Senate are assigned to committees by the party machinery. Each party is allotted seats on committees in proportion to its strength in each house.

• Members are ranked by seniority once they are on a committee.

• Committee assignments are based on several factors, including:

– Voting in the past with party leadership.– Geographic balance, and the number of vacancies available.– The interests in the legislator's district to help reelection.

The Committee System

– Certain House and Senate committees are more important than others, so members compete for places on them.

• House: Appropriations, Rules, and Ways and Means.

• Senate: Appropriations, Finance, Foreign Relations, and Armed Services.

Committee Chairs

• The party that controls the House and Senate selects the chairs and that party's members of the standing committees. Most chairs achieve their position by the seniority system.

• Although seniority is still an important consideration, it is no longer the sole criterion.

• Senate Republicans select their chairs by party conference, whereas the Democrats vote as a group.

Committee Chairs

• Despite the reforms, seniority is rarely set aside. However, Newt Gingrich passed over three senior Republicans when he approved chairs in the 104th Congress.

• The biggest argument against seniority is that it bestows power not necessarily on the most qualified.

Committee Chairs

• Committee chairs are powerful because they:– Schedule meetings and decide what bills will be taken up,

and when.– Usually control the hiring and firing of committee staff

members.

• In recent years, procedures have been adopted to give rank and file members more say in operations and to provide regularly scheduled meetings.

The Subcommittees

• The 35 chairs of the standing committees much power. Yet, changes do occur.

• Congress has become somewhat decentralized and the number of subcommittees grew in the 1970s.

• When Republicans took control in 1994, they reduced the number of subcommittees.

• In 1951, there were 69 House subcommittees, in 1992, 135. By 2000, the number dropped to 87 in the House.

The Committees at Work

• Committees perform the functions of division of labor and specialization.– There were 7,439 bills introduced in the 107th Congress, but

no member could know all the details.– Members rely on the expertise of colleagues on the

appropriate committee and assume that if the committee approves a bill, it is worthwhile.

– Committees provide a place for members of both parties to become more knowledgeable in their areas and resolve their differences.

The Committees at Work

• Richard Fenno has identified factors that may affect a committee's degree of independence and influence in Congress. They include:– Member goals reflect the benefits desired by each

committee member.– Environmental constraints are the outside influences from

other members, client groups, the executive branch, or parties.

– Strategic premises are the basic rules of the game for a committee.

– Decision-making processes are the internal rules for each committee.

Congressional Investigations

• Committees educate the public through hearings and investigations.

• The Watergate investigation revealed the inner workings of the executive branch and lead to Nixon's resignation.

• The 1987 Iran-contra hearings were viewed by millions and revealed the secret foreign policies of the Reagan Administration.

• In 2000, a House committee investigated defective Firestone tires on Ford Explorers.

Congressional Investigations

• Congressional investigated the war in Vietnam, hunger, the violation of individual rights by government intelligence agencies, and intelligence failures prior to the 2003 war in Iraq.

• The Joseph McCarthy hearings demonstrated that Senate investigating committees can trample all over individual rights.– Since that case, the Supreme Court has ruled that questions

asked by the committee be relevant to its legislative purpose.

– Witnesses have a right to invoke the Fifth Amendment against incriminating themselves.

Congressional Staffs

• In recent years, the staffing systems have become bureaucratized and the number of staffers in Congress has mushroomed.

• Senators and representatives have large committee and subcommittee staffs to serve them. They draft and analyze bills, coordinate with executive branch officials, and prepare for hearings.

• The congressional staff has been criticized for being too influential, but much of the work of Congress could not be done without them.

Congressional Staffs

• In 1957, congressional staffs totaled 4,489. In 2000, they number about 24,000.

• In 2001, each House member was allowed to spend $662,708 for up 18 full-time workers.

• Staffers of the key House and Senate committees are viewed as on par with White House staffers.

Congressional Staffs

• In addition, Congress has several legislative support agencies:– The Congressional Research Service (CRS) provides

computerized data for quick answers, and long-range studies to help legislators.

– The General Accounting Office (GAO) serves as a watchdog for the bureaucracy and conducts investigations at congressional call.

– The Congressional Budget Office (CBO) provides independent analysis of the president's budget and its economic assumptions.

Democracy Under Pressure

Congressional Reforms

Congressional Reforms

• Congress has reformed and modernized its procedures.

• Congress is assailed for rules and regulations that block rather than facilitate the passage of legislation. When it failed to act on the federal budget, the government was shut down.

• Richard F. Fenno, Jr., argued that the House of Representatives "must process a workload that is enormous." Committee chairs are necessary for Congress to function at all.

Congressional Reforms

• The House operated under a set of rules that maintains the system and keeps it functioning.

• Some analysts argue that congressional procedures may protect the country from hasty or misguided action.

Congressional Reforms

• In foreign affairs, Congress yields power through the War Powers Resolution in 1973. Although it was an attempt to reassert Congressional authority, the president's military power was not effectively restricted.– Congressional investigations in the 1970s failed to perform

their task of overseeing the intelligence agencies.

Congressional Reforms

• Congress is criticized for failing to monitor executive agencies, yet can be innovative on matters of importance.

• In 1974, Congress passed the Budget and Impoundment Control Act in order to take a greater role in spending money.

Democracy Under Pressure

Congress and the Budget

Congress and the Budget

• In preparing the annual budget, Congress first passes authorizations for spending programs, and then the appropriations to pay for them.– Before the passage of the Budget and Impoundment Control

Act of 1974, it was difficult for members to keep track of the total appropriations in spending bills.

– The law required Congress to adopt budget resolutions each year, setting target figures for total spending.

– It also created separate House and Senate budget committees and the CBO.

Congress and the Budget

– It created a timetable for Congressional committees to act on spending bills so they would have time to evaluate the president's program and choose among competing programs.

– Revised legislation revised the budget calendar so the new fiscal year begins October 1 and ends September 30.

Congress and the Budget

– Again in 1990, Congress revisited the budget process after a budget summit involving White House and congressional leaders.

• It placed mandatory spending programs like Medicare on a pay-as-you-go basis.

• Presidential budget requests were due to Congress in February and the Budget resolutions were due by April 15.

– Though many complain that the process is complex, it made Congress look more fiscally responsible.

Democracy Under Pressure

A Bill Is Passed

A Bill Is Passed

• Any member may introduce a bill.• Bills are referred to committee.

– Committee chairs refer bills to subcommittees where hearings (mostly public) are held.

– After the subcommittee recommendation, the full committee meets to accept subcommittee reports.

• The full committee may do nothing with the bill.

• It may rewrite it completely (substitute).

• It may report the bill out to a House calendar or the Senate calendar, with our without amendments.

A Bill Is Passed

• When a bill is passed by one house, it is sent to the other for consideration.– If different versions of the same legislation are created and

passed, the two versions must be reconciled into one for passage.

– One house may ask for a conference. A joint House/Senate conference committee attempts to reconcile the two versions.

• Each house may accept or reject the conference report.

• If both houses approve, the final version is signed by the speaker and the president of the Senate and is sent to the president for his signature.

Legislative Vetoes

• Legislative vetoes are provisions of a law in which Congress asserts the power to override or strike down an action by an executive branch agent.

• Presidents have always opposed such provisions as being unconstitutional.

• In 1993 the Supreme Court agreed with the presidents in Immigration and Naturalization Service v. Chadha.

• The War Powers Resolution was rooted in a legislative veto.

Legislative Vetoes

• Congress can continue to influence the executive branch even after a law is passed.– It controls spending authority and exercises oversight.– It can enact new legislation to strengthen or modify earlier

laws.– It can conduct congressional investigations.

Democracy Under Pressure

Congressional Ethics

Congressional Ethics

• Congress has been tarnished by scandal and by questionable ethics and activities.

• In the wake of all the scandals, Congress made efforts to strengthen its codes.– In 1991, the public was outraged when House members

wrote 8,331 bad checks, some totaling hundreds of thousands of dollars, that didn't bounce.

– In 2002, the House voted to expel James A. Traficant, Jr., because of his convictions on bribery, racketeering, and tax evasion.

Congressional Ethics

– In 2002, incumbent Gary A. Condit lost in his primary because of his reported affair with a young intern found murdered in a Washington park.

– Also in 2002, Senator Robert Torrcelli withdrew from his reelection campaign for accepting gifts.

– In 2003, Bill Janklow was convicted of manslaughter after he sped through a stop sign and killed a motorcyclist.

Congressional Ethics

• Despite these cases, the majority of Congress are honest and hardworking. In 1968 and 1977, both houses adopted ethics codes.

• In 1991, members can no longer accept fees for speeches or articles.

• In 1995, Congress set limits on the value of gifts.

Democracy Under Pressure

Congress and the American Political System

Congress and the American Political System

• Congress is a battleground for democracy and is caught in the crosscurrents of a rapidly changing society.– Two crosscurrents have surfaced-the revitalization of parties

and the rise of partisanship.– These trends reflect the increased policy differences

between the two major parties.– Another trend: the frequency of divided government.

Twenty-six of the last thirty-two years saw the divided control of the Congress and the presidency.

Congress and the American Political System

– In 1995, Bill Clinton shared control of Congress with the Republicans. In 2002, a unified Republican party controlled the Congress and the presidency.

– Another trend: the close balance in voting strength between the two major parties.

– At times, Congress does innovate and initiate. It sometimes seems to be still operating in the 19th century.

– Congress is neither ideal nor obsolete, but an enduring arena for political conflict and democratic change.