GOVT 2302

The Legislature: Evolution and Development

Previously we read through and analyzed the constitutional

language that established the U.S. Congress and the Texas Legislature.

Now we analyze how legislative institutions have

evolved over American history. We will look specifically how internal institutions have developed over

time.

We will try to understand how power flows within the institution. Who or what is actually in charge

of it.

The two dominant institutions are political parties and standing c

ommittees.

Note that neither political parties nor committees are mentioned in

the United States Constitution. But each has evolved into critically

important power centers in Congress.

Parties are useful. They help recruit and run candidates for office and organize the House and Senate

once they are elected. Currently parties re the dominant feature in

Congress.

Committees are also useful. Bills once they are introduced in

Congress are – usually but not always – sent to a committee to be

marked up and debated.

Committees also allow members of Congress to specialize on policy

issues important to their constituents.

We will also look at the Speakers office and understand the nature

of its powers.

First, lets look at the websites of some of legislative branches on the national state and local levels. This gives us an idea about what each

institution has evolved into.

U.S. HouseU.S. SenateTexas HouseTexas Senate

Alvin City CouncilPearland City CouncilHouston City Council

A good way to understand each institution is to take a closer look at

the complete bill making process on the national and state level. This allows us to see how each

committee and parties are integrated into the process.

The process on the national level.A full description of the process.

A graphical description.About the Texas Legislative Process

School House Rock: I’m just a bill on Capitol Hill.

The Simpsons: I’m an Amendment to be.

Note that bills can be stopped at anytime in the process.

While the official description of Congress is that it makes laws, it is just as easy to say that Congress’

job is to keep laws from being passed.

Major Steps in the Process

1 - Introducing the Bill and Referral to a Committee

2 - Committee Action: Hearings and Mark Up

3 - Committee Report

4 - Floor Debate and Votes

5 - Referral to the Other Chamber

6 - Conference on a bill

7 - Action by the President

8 - Overriding a Veto

Notice that only the last two steps were mentioned in the

Constitution. All the rest have evolved over time, but there is no

reason why the steps in the process need to be followed for

every bill.

For a look at how different bill passed this year have worked their

way through Congress, click on Thomas and open up some of the

public laws passed this year.

The process varies from bill to bill.

Note the roll committees and parties play in the process.

Here is a bit more detail on committees, parties and

Constitutional officers before digging into them more

thoroughly.

Political Parties

Political Parties are the dominant organizing feature in the United States Congress. They are less

important in the Texas Legislature due to the strength of the Speaker

and Lieutenant Governor.

Political Parties date to the early days of Congress and helped members organize to either

support of oppose the policies of the Washington Administration.

Currently almost all members of Congress are members of either

the Democratic or Republican Parties.

Committees

There are four types

Standing CommitteesJoint Committees

Special CommitteesConference Committees

Standing Committees are the most important. Consider them to be sub-groups within Congress that

allow members to focus on specific issues that are important to the

member.

They play a role in the drafting of legislation. Therefore it is essential for members of Congress to get on

committees that allows them to impact policies that affect their

constituents, party and supporters.

Note: Whoever has control over committees, has control over the

legislature. Who ever wants to get on a particular committee has to

do what that person or institution wants.

As we will see, in the U.S. Congress political parties have this control,

and in the Texas Legislature leaders of each chamber (the Speaker and

the Lieutenant Governor) do.

The Speaker of the House

The President of the Senate

While the each Constitution does establish a presiding officer in each

chamber (Speaker of the House and President of the Senate), that

position does not necessarily control the institution.

As we know from the Constitution, the House of Representatives in

both Texas and the United States is headed by a Speaker.

The United States Senate is headed by the President of the Senate who

is also the Vice President in the executive branch.

The Texas Senate is headed by the Lieutenant Governor, who is also

called the President of the Senate.

These are the only positions on each level of government that serve in two branches, though

there is a dispute about whether each is primarily a legislative or

executive office.

The Rank and File

We will also look at the evolving nature of individual

Representatives and Senators.

We will come to terms with the dominant goals of members of

Congress and how this influences behavior.

These Goals Are:

ReelectionPublic PolicyLeadership

Now for more detail on each

1 – Political Parties

Political Parties

The key organizing feature of the U.S. Congress

Parties are responsible for:

Recruiting CandidatesFunding Campaigns

Organizing CampaignsStaffing Committees

Setting the Congressional Agenda

Parties are far more important in the United States Congress than in

the Texas Legislature.

Texas had a long history as a one party state, but parties are

becoming more important in the legislature.

In the U.S. Congress parties are referred to as “caucuses” and

“conferences.”

House Democratic CaucusHouse Republican Conference

Senate Democratic CaucusSenate Republican Conference

Parties were not held in favor by the framers of the Constitution, nevertheless two founders were

responsible for the establishment of the first two parties.

Alexander Hamilton: The Federalist Party

Thomas Jefferson: The Democrat-Republican Party

Washington opposed them.

He argued that their existence would only lead to further

contentiousness in society. Other claimed that he simply didn’t like there to be an opposition party.

His Farewell Address

Contemporary commentators argue that political parties are

necessary in order for Congress to function at all and to overcome the impediments created by the checks

and balances.

Two important terms

Unified GovernmentDivided Government

Unified Government:

The term used to describe periods when one party controls both the legislative and executive branches.

It is assumed that during these times, it is easier for legislation to

be passed, and for the executive to be free from investigative activites.

Having the two elected institutions dominated by groups of individuals

committed to the same policies and principles makes it easier for

policy to be passed into law.

It then allows the general population to evaluate the policies

and determine whether they approve or disapprove of it.

Proponents of unified party control of government argue that it

provides the only opportunity for a democratic choice to be made by

the general population.

Divided Government

The period when one party controls the legislative branch and

the other controls the executive branch. It is assumed that it

becomes more difficult to pass laws and to effectively implement

policy.

Divided government is favored by those who wish to minimize

governmental action.

Although 3 out of the 4 most recent sessions of Congress have

been unified, divided government has been the rule recently.

The United States Congress is dominated by two political parties which are organized as caucuses.

The Democratic Caucus.The Republican Conference.

The Texas Legislature is also dominated by two parties, but

these are far less powerful in this institution that in the U.S.

Congress.

As we will see, that is because of the existence of rules which give

the bulk of power within the Texas House and Senate to the Speaker of the House and the President of

the Senate.

Specifically, they can staff committees and direct the flow of

legislation through each institution.

Since there are only two major parties in each legislature, there is inevitably a majority party and a

minority party.

Its good to be the majority party, mostly in the U.S. Congress.

Perks for the Majority Party in the U.S. Congress:

You select the SpeakerYou hold a majority in all the

standing committeesYou hold the committee chairs

You set Congress’ agenda

The best the minority can do is slow down the legislative process

in the Senate by threatening to filibuster and taking advantage of

the many rules that require 60 votes to proceed with legislation.

Back to History

Political parties in Congress date back to the first Congress.

Political disputes of this time:

The Hamilton Tariff.The Establishment of the State, War and Treasury Department.

The Compromise of 1790.

Many of these disputes came down to support or opposition to

the economic policies proposed by Alexander Hamilton. He presented

a series of proposals during the first Congress that would

strengthen the nation’s economic system.

First Report on the Public Credit.Operations of the Act Laying Duties on Imports

.Second Report on Public Credit.

Report on the Establishment of a Mint.Report on Manufactures.

Internal conflict over these policies became organized around the

personalities and efforts of Alexander Hamilton and Thomas

Jefferson.

Originally these factions were simply called pro and

anti – administration, but the pros would become the Federalist Party

and the antis would become the Democrat-Republicans.

The Federalists promoted pro-commercial policies under the direction of Alexander

Hamilton. They promoted further expansions of national power, a strong currency, the development of national

infrastructure and the creation of a national bank. They represented the

interest of the commercial classes, urban bankers and businessmen.

The Democratic – Republicans promoted agrarian, state oriented

policies under the direction of Thomas Jefferson. They

represented the interests of the working classes – shop owners,

farmers, and laborers.

This was the birth of the political party system in the United States.

Despite the fact that some opposed parties, they proved to be effective ways to organize Congress internally, and to recruit candidates

to run for offie.

Until the early 1820s, congressional parties dominated the presidential selection process

through a process that became known as King Caucus.

As the country – and suffrage – expanded, parties became

controlled more by external forces, not the parties in Congress.

Over the years, parties in the United States Congress have

evolved considerably.

History of Parties in the United States House

Party Leadership, etc. . Party Divisions in the U.S. House

History of Parties in the United States Senate

Political Parties and Leadership.Party Divisions.

Wikipedia: Party Divisions in Congress and the Presidency

Officially, parties do not really exist in Congress. Members are simply affiliated with one of two major

caucuses in each chamber.

House Democratic CaucusHouse Republican Conference

Senate Democratic CaucusSenate Republican Conference

The term “caucus” is used to refer to any political group. The term also refers to informal collections of

members of Congress who wish to influence some aspect of public policy.

Congressional Caucus. List of Caucuses in Congress.

Members, with very few exceptions, are elected into

Congress as members of parties and meet first in their party’s

caucus where they receive committee assignments.

They must work within the party in order to achieve personal goals. Parties also have certain powers they can use to coerce members

not to stray.

Political parties place members on committees and determine

whether a member’s goals will be realized.

Party support conditional on member loyalty to party.

Parties can punish members who do not support party, but members can switch parties if prompted, or

lured.

All important assignments are made in the party caucus. Each

side votes for their leader, which they nominate for Speaker. This

means that the Speaker is always the leader of the Majority Party.

Caucuses meet often in closed sessions to establish legislative

agendas, select committee members and chairs, and hold

elections to choose various floor leaders.

Party Leadership Positions

- Floor Leaders- Party Whips

- Caucus Chairmen- Policy and Steering

Committee Chairs- Congressional Campaign

Committee Chairs

Click here for financial information about the congressional leadership

each from OpenSecrets.

Floor Leaders

These are the majority and minority leaders. Each is

responsible for scheduling business on the floor, planning party

strategy, and keeping the party as united as possible when casting roll

call votes.

One of the principle powers the floor leader in the House has is selecting which members of the party can and cannot speak on legislation before the House.

Party Whips

The Party Whip (majority or minority) is in charge of the Whip System, which is the organization

responsible for counting votes and pressuring party members to vote

with the party.

Caucus Chairmen

These are the individual in each party who organize caucus related activities and work to coordinate

the party’s communications.

Policy and Steering Committee Chairs

They are responsible for advice and analysis concerning policy

proposals advanced by each party and the proper means of

advancing them through Congress.

Congressional Campaign Committee Chairs

These individuals oversee the party’s recruitment of candidates, fundraising, and the organization

of races in districts where the party is expected to be competitive.

Democratic Congressional Campaign Committee

National Republican Congressional Committee

Democratic Senatorial Campaign Committee

National Republican Senatorial Committee

Party Cohesion

This is a vitally important factor for party success. A party is only

strong if it is unified.

The Democratic Party tends to be less unified than the Republican

Party.

This is argued to be due to the greater diversity within the party.

The Development of Cohesive Parties in the U.S. Congress.

The Conservative CoalitionThe Civil Rights Act of 1964

Ideological Clarity

Parties the Texas Legislature

Party History in Texas

One Party Stateto Two Party State

Party membership is not as meaningful in Texas Legislature as

it is in the United States Congress.

Up until the early 1960s, the Democratic Party was the only competitive party in Texas. The

only competition was between the liberal and conservative wings of

the party.

Many of the decisions made by political parties - primarily

committees assignments and the selection of committee chairs – are made by the constitutional leaders

of each chamber.

Texas House and Senate Rosters

2 – Committees

The Workhorses of Congress

Congress in session is Congress on display, Congress in committee is

Congress at work. - Woodrow Wilson

Types of committees

Standing CommitteesJoint Committees

Special CommitteesConference Committees

standing committee - Permanent committees established under the standing rules of the Senate and

specializing in the consideration of particular subject areas. There are currently 16 standing committees.

joint committee - Committees including membership from both houses of

Congress. Joint committees are usually established with narrow jurisdictions and

normally lack authority to report legislation. Chairmanship usually alternates between the House and Senate members

from Congress to Congress.

select or special committee - A committee established by the

Senate for a limited time period to perform a particular study or

investigation. These committees might be given or denied authority to report legislation to the Senate.

conference committee - A temporary, ad hoc panel composed of House and Senate conferees which is formed for the purpose of reconciling differences in legislation that

has passed both chambers. Conference committees are usually convened to

resolve bicameral differences on major and controversial legislation.

Standing committees in Congress date back to the establishment of the Ways and Means Committee when the Treasury Department

was created.

A standing committee is sometimes established when a new executive department is

established.

The most recent example is the Committee on Homeland Security.

Standing Committees in

US HouseUS Senate

Texas HouseTexas Senate

Principle Functions of Standing Committees

MarkupHearingsOversight

Constituency Service

Members must get on right committee in order to successfully provide benefits for constituents.

They will be in a position to ensure that legislation contains language that benefits their constituents.

The most powerful standing committees are those that have

jurisdiction over money, be it taxing, budgeting or

appropriations.

House Ways and MeansSenate Finance

House and Senate BudgetHouse and Senate Appropriations

Parties can use this as leverage to get their support for party

positions.

The partisan composition of each committee reflects the party

composition in the chamber as a whole. The majority party is a

majority in each committee and holds the party chair.

The precise ratio is up for negotiation following each

election.

The Committee Chair

The process for determining the committee chair is established by

the majority party.

Means used in the past

Discretion of Party LeaderStrict Seniority

Open Party BallotSecret Party Ballot

The Strength of Committee Chairs is largely based on the process by which each gets the position. The more it is based on seniority, the stronger and more autonomous

they are.

An exceptionally strong committee chair can override the preferences

of the party.

The Committee Chair

The consequence of strict seniority in the mid 20th Centrury

Factors facilitating strength of committee chairs

Ability to table legislationAbility to override decision of rest

of committeeLack of sub-committees

The Sub-Committee Bill of Rights

Each Committee is mandated to have a number of subcommittees

which allow for further specialization.

3 - The Constitutional leaders of each chamber

The Speaker of the HouseThe President of the Senate

The Speaker of the House

The Constitutionally established presiding office of the House.

The position dates back to the Speaker of the House of Commons who was given the responsibility to recognize speakers, retain order in the House and speak for the House

of Commons before the king.

Officially the Speaker is meant to be neutral, but since the position is held by the leader of the majority party, they are not really neutral.

BackgroundSpeakers of the U.S. House

Speakers of the Texas House

The role of the Speaker is not specified in the Constitution,

though it was expected that the Speaker would be a neutral

presiding officer.

This remained the case until the development of strong parties and

the discovery that the ability to recognize speakers on the House floor could be used for political

advantage.

The early Speakers were in fact neutral, and the office was not

especially important until Henry Clay took advantage of the power

the position offered.

The early Speakers were in fact neutral. Henry Clay is considered to

have been responsible for using the office this was.

The Power of the Speaker reached its zenith with the speakerships of Joseph Cannon and Thomas Reed.

A revolt against them in the early 20th century led to a restructuring

of the positions power.

The power of the Speaker is conditional, based on power over

committee appointments, the Rules Committee, and the bill making process. Once these

powers are minimized, the Speaker becomes less powerful, but other

institutions fill the vacuum.

One of the more powerful Speakers was Texan Sam Rayburn who held the office for about two decades in the mid- 20th Century

Two other Texans served as Speaker during the 20th Century

John Nance GarnerJim Wright

The Texas Speaker has far more powers that the U.S. Speaker due to his ability to staff committees,

select committee chairs, and send legislation to committees for

markup.

Current Speakers

U.S.: John BoehnerTexas: Joe Straus

The President of the Senate

Vice PresidentLieutenant Governor

Joe BidenDavid Dewhurst

The United States Vice President is also President of the Senate, but

has no real power. He can break tie votes, but his role in the governing

process generally stops after the election.

Vice Presidents who have unique skills and are allowed discretion by the President have been known to exercise considerable power. Dick Cheney up until 2006 is the classic

example.

The Lieutenant Governor of Texas is independently elected and has a

separate power base from the president. His control over the

legislative process in the Senate grants him greater powers than the

governor.

Governor – Elect Bush had to pay a visit to Lieutenant Governor Bob

Bullock after his election.

Lieutenant Governors of Texas

One Last Feature:

Legislative Branch Agencies

The U.S. Congress has developed a variety of internal organizations to

assist members of Congress.

Congressional Budget Office

The CBO provides information related to the budget, including

projections, and the costs of various proposals.

NYT: CBO Topics.

Government Accountability Office

The GAO audits, evaluates and investigates the implementation of

government programs.

NYT Topics: GAO.

Government Printing Office

The GPO prints all documents for the federal government.

Library of Congress

The LOC is the research library for the United States Congress.

Congressional Research Service

The CRS provides comprehensive research for members of Congress

about any topic of interest, but specifically issues associated with

major legislation.

Similar institutions at the State level

Texas Reference Library

Texas Ethics Commission

The TEC has several functions, most importantly it has authority

over the filing of financial disclosure statements for

government officials.

Next Week:

A look at the nature of individual officeholders within the Congress

and Texas Legislature, the way that interests affect the formation of

legislation, and a review of recent actions on each level.