PLSC 323 FINAL EXAM
Redman's Dance of Leg-overview
Redman works for D-MA senator Magnuson, under Nixon's admin in the first term-1970s. He is a senatorial aide in DC and helps pass legislation like S.4102 bill/NHSC(Nat. Health Service corps)-passed eventually after long process. started in Senate, approved quickly then long process in House, eventually was signed by Nixon. NHSC was a loan forgiveness program to pay off med. school debt if provided 2 yrs of service in medical shortage areas in rural and urban U.S.
Bill Becomes Law
introduced in either house (all rev bills orinate, in house), then assigned to specialized comm, or sometimes referred to a subcomm. for further study_ then sends back to the full comm, where its either: Approved (and sent to full chamber 4 debate), Amended, or vote on passage. Finally the floor procedure in hOuse-rules comm. specialized debate, and in Senate- has unlimited debate and unanimous consent petitions. if Bill passes in diff versions in houses, sent to Conference Comm. (2 make 1 version and must be passed in each house)-then Sent to PRES. He can: Pass it, veto it, Pocket veto(fails 2 becomes law bc he didnt sign it w/in last 10 days of congress)
Line Item Veto
SC declares this unconst. for the pres. (Signing statements- provides unofficial line item veto).
-Line item veto Act-gave the pres. Another veto option(#5)-overturned in 1981 by:
Clinton v. NYC-1981- 6-3 ruling, that the line item veto are UNCONSTITUTIONAL-because it gave the pres. Unilateral authority
Kennedy v.Sampson-1974-pocket veotes cant be used during session, only after congress adjourns during end of second session
Signing statements
used to strengthen unitary theory of governments executive powers—letting the pres. Override laws, provides unofficial line item veto
Concerns w/ Merit mention (3)
1)Takes longer to fulfill cabinet positions, 2) adds layers to Bur, 3) Senate confirms
Pres. can bypass Senate &Consent (3)
1)Const.-pres can fill vacancies, and grant commission for session, 2) Pres. can name someone temporarily-wit ha senate confirmation, 3)Prominent officials-subject 2 advice and consent in the Senate
Legislative-Exec. Conflict (3)
1)Const. does not specify pres./congressional roles, 2) Pres. & congress serve ALL constituencies, 3)important variations under the 2 branches
Legislative-Exec.-Cooperation (3)
Party loyalties, bargaining compromise, informal links
Boehner's "Plan B" (2 house bills)
1) narrowly passed house on strict party line vote-delying the sequester, 2) extend 2001 Bush era of tax cuts 4 all making over 1 mil. --NEVER reached floor
Jones Model-Partnership model vs.Independent Model
Partnership model- Pres. consults reg. w/ lawmakers-minimizing involvements-involved in policy, polt affairs of WH. Independant Model-pres. Should minimize their involvements w.congress and have own priorities
Lobbying-form of advocacy
Campaign $, voter ed. communication, information clearinghouse, mobilization, direct humanitarian,/charitable activity
Iron Triangle
concept of exec. branch agencies-policy making activities bet, congressional comm's- the Bur, and interest groups
mutually dependent relationship btwn:
- congressional committee
- bureaucratic agency
- special interest group
(triangle helps take public will & turn it into public policy)
principal Agent theory
Principal authorizes someone else(Agent_ 2 act on his/her behalf--deviation from principals intrest-by Agent, called :agency cost"/agency failure" (deviations happen bc-dont always have time & $)--Fundamental 2 politics and governing
FORMAL Legislative Role
Messages: state of the union, annual budget message--sued 2 prepare own budget, Budgeting and Acct act of 1921-requires the pres. 2 prepare nations budget, lets pres. shape agenda and get public opinion. Signature/Veto
INFORMAL Legislative Role
Agenda Influence-pres. does 1/3 of the leg. himself. in unified govt- house makes more agenda. 104th congress-Gingrich-2 replace pres. leadership w/congressionally operated agenda-hard 2 substain
rhetorical presidency
Pres. go public 2 build support,-expands w/mass tech. Pers appeals 2 go public have become routine-permanent campaign, going internation 2 get support aboard-Reagan
2 Presidencies
domestic v. foreign policy
FDR And the Modern presidency
Most massive overhaul in econ policy hist. Setting the standard 4 this modern pres. "imperial Pres"-wants the pres. 2 take the lead
Veto Options (5)
1)Sign it, 2)Return w/veto, 3)take no action-becomes law if no signature, 4) pocket veto-dies if not signed w/in last 10 days of congressional session-needs a 2/3 majority in BOTH houses 2 save it, 5) Line Item Veto Act- Pres. can basically block w/ 1/3 vote in all chambers--UNCONSTITUTIONAL-because it gave the pres. Unilateral authority
Cloture
rule used by the Senate to end or limit debate-needs supermajority(1/3 and 3/5 of membership)
unanimous consent
an agreement that sets forth the terms and conditions according to which the Senate will consider a bill; these agreements are individually negotiated by the leadership for each bill--reducing cloture time
consequences of unlimited debate in both houses
House-lack of previous motion-delay, lets unlimited debate. Senate-any ind. senator can delay or prevent vote-fillbustering it
HOUSE v.SENATE- leg. procedure
House:Previous motion, lets majorities end debate, Rules comm-structures debates, Germanness req's -floor amends must be on topic-relevant 2 subject of bill, Senate: no previous motion(eliminated in 1806), Ruels comm-doesnt structure debate, NO Germaness-any amend offered must be considered.
representational view of representation
the theory of Congressional voting behavior that assumes that members make voting decisions based on their constituents wishes to ensure reelection
roll-call vote
A congressional voting procedure that consists of members answering "yea" or "nay" to their names.Motivations: constituents, personal policy ideas, special interest influence
senatorial courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
sophmore surge
An increase in the votes that congressional candidates usually get when they first run for re-election.
standing committees
permanently established legislative committees that consider and are responsible for legislation within a certain subject area
budget reform act of 1974
Required the president to spend all appropriated funds, unless Congress approved the impoundment.
Incumbency advantage(5)
5-theories- districting, personal vote, campaign $, perks, candidate qulity
Incumbency advantage-Disticting
a. Districting- know how district works 7 know their district type: partisan protection, fair fight, or partisan gerrymandering district, know which ways their district leans
i. Partisan protection- district full of one party, and if matches theirs, helps them
ii. Fair fight district- 4 districts w. - proportions of city and surbs, so creates = Numb. Of Dems and Reps
iii. Partisan gerrymandering- 1 district from city plus 3 of 1/3 city and 2/3 surbs- have advantages in 3 seats
iv. Approportionment v. redistricting- ex. Baker v. Carr-hadnt redrawn district in a while)
v. Motivations?-partisan-ex. Elbridger Gerry v. Tom DeLay, Radical-voting rights act
Incumbency advantage-perks
free stuff, celb comes w/ office, free publicity, opportunities bc already in DC
Incumbency advantage-Personal Vote
candidates elec. Support- originated in persona qualities, activities and qualifications
i. Evidence pro- if can help ind. More like to vote 4 them
ii. Evidence Con-little change in const. service, impact on campaign?
Incumbency advantage-Campaign $
av. Spending increase, growth in incum. Advantage
i. Objections: timing,, growth after marginal go away
ii. Jacobson's paradox- more incum. Spend worse they'll do-bc seen spending more shows challenger is threat (Sidlow lost bc didn't have enough $)
Incumbency advantage-Candidate quality
celb comes w/ office, free publicity, opportunities bc already in DC
c. Candidate quality- effect: direct v. indirect
i. Why don't good candidates run?-hard, chances of winning, "psych out" factor
ii. Fenno's paradox-
Fenno's paradox
hate congress and love their own congressional member
Rally around the flag effect
-ex. 9/11
-Bc loose faith in govt, yet know its needed and turn to them
*we don't recall names of 45% of incumbents, 20% of challengers
ability to evaluate the incumbents
Slurge
av. Of of average of retirement slump and sophomore surge
-when member retires, slump is their party's
Sidlow's Challenging the Incum-notes
Crane ran in 90's as conserve opponent to Regan against Pressel-for 20 years he does nothing in congress.-Presel had less backing from dem's, maybe could have won if....
Crane much more well known than pressel
Not much name recognition for failed candidate
In redistricting- more republican to protect crane
Melissa bean- actual candidate running against crane
• Bet 2000-2004 -Bean is well funded bc ppl have believed that Crane can be beaten
• If build belief -voters will come
Big I institutions
Something with capitalize
Polt. Inst are organizations which create, enforce and apply laws
Small i institutions
defined by small I, and the way they operate-structure social and polt. Interactions
Median Voter Theorem
under simple majority rule with actors considering proposals on a single dimension of evolution-the median voter-or median position with even numbers-represents a stable equilibrium
-Repharesed-no other proposal can beat a proposal at median voters ideal point-has an empty windset
Ideal point
is your ideal proposal you want to see done, hypothetical proposals that they can make to the rest of the group
-your utility-value you give to any outcome-falls off from your distance of your bill increases
-where they get this "ideal point" is up for debate-diff 4 diff people
-how a group choice gets produced?-how does every person of group evaluate the proposal-
First Congress
how they look, and purposes have changed over time
-1st congress had committees- a lot of them
-created 220 "select" committees-comm's established to deal w/certain issues-dealing w/british parliament
-we started with similar to births parliaments since this was our model
-ppl self selct on comm, either interested or asked to serve on comm.
-Deal with issues than issues goes away and so does that committee-not permanent standing comm.
Third Congress
three standing comm. Created-PERMANENT COMM.
-membership wasn't permanent
still had more than 300 select committees
why committees?
-Easy answer- the way to divide up work/experience
-If divide up ppl-much more effective
-Comm. Is essential part of congress
-According to meyhew- comm is essential part of congress-bc it serves interests really well
comm's-3 theories:
1. Inst. Needs:
• efficiency of smaller groups
• division of labor by issue-effective check on exec. govt 2. Ind. Needs: (Mayhew)
• priorities to constituents
• don't really care about collective rather themselves
• greater influence over distrib. goods
• prestige, influence w/in chamber
• personal policy interest
3. Tools of parties?
• Ppls own policy interests
• Comm's are competing w/ party
Comm. Leadership
Chairs-typically act as floor manager, a lot of control over allocation of comm funds, regulate internal operation of comm.
Ranking members-less authority, nominate minority party, hire/fire minority staff, assist in agenda setting, & comm. Spokesperson from the party
Baker v. Carr
Federal governement has jurisdiction to determine constitutionality of legislative districts
concurrent resolution
expression of opinion without the force of law that requires the approval of both the House and the Senate, but not the president.
Rule Committee
A committee that only exists in the House. A bill must go through this before it can be considered on the floor of the House. This is true, because the House doesn't do filibusters
"psych out" factor
explains the lack of competition, bc of incum advantage, -No one tries, Think Lance Pressel case
Agenda Setting
choices of what issue members will consider and what particular votes they face-determined by members themselves
Logrolling
bargaining where members exchange support so can get individual goals done- usually for public works projects, taxes, tariffs and trade
sometimes called a "christmas tree bill"
systems of rewards
embraces the special interests and proposals and amendments
for bargaining-must rely on future actions that WILL be taken
The Pivotal actor/Pivotal Voter theory
Majority party has to satisfy the pivotal actor, final passage vote takes place on the floor
"Interpreting Elections"-2 Parts
1)Interpreting=attribute some meaning to phenomenon, 2)Elections=plural of elections. Think pressel v. Crane in Sidlow's book, not theme-tide Why do we care??-potential policy consequences, and polt. consequences.-helps explain partisan tide that might affect Race
2 Patterns in house elections
1)Surge and decline-why pres party usually loses seats in midterm election, caused by Jacobson's "exposure" variable, 2)direction and size of swings-some years make big gains, some years dont-Directv.indirect(Jacobson's strategic politicians theory)- that polt. think voters approve of dems more or less--due 2 some set of considerations
Wave of public opinion-Case FOR
want to believe this-citezens will reward or punish on policices they dislike
Wave of public opinion-Case AGAINST
public knows little and pays little attention 2 politics
Arm Twisting
changing person's choices, when conditions old- conditional party govt theory-suggesting parties posses this power.- party loyalty-critera to keep chairmanship
Cartel Agenda Theory
Theory of congress parties:Party power is about agenda setting, members support their party bc good, pres improves electoral fortunes- relatively weak in parties
Conditional Party govt.
Theory of congress parties: seen as doin w/in members-espcially in standing comm's as the center of power. *when party is in general agreement about policy party leaders are empowered to "twist arms"- House -centric
HR 395(108th congress)
Do not call implementation Act-less than 2 months to pass. Revised in the 110th congress w/HR 3541-eliminates the need to re-register phone #'s-passed in holuse in voice vote & passed unanimously in senate
Interest group Pluralism
theory of politics, fund. unit in polt. group, good thing-produces equilibrium, groups mobilize to their own interests, in polt. agenda
Fed, NO 78
Hamilton, case 4 const. system-little on courts, said jud was the weakest branch. determines appellate jurisdiction and pay, who serves on courts, court shapes effect of congress passes and leg it signs
Kelo v. New london (2005)
5-4 ruling, on 5th amend. justice upholds govt use of eminent domain. Govt CAN take private property against the owners will and transfer to private devel if promoting econ. devel. Public use=public purpose
Budget Accounting act of 1921
requires the pres to give congress annually-prpopsed spending frameworks. creating offices with & leg branches-do govt finances.
Congressional Budget and impoundment Control act of 1974
Passed bc- congress wanted rev. and vehicle to respond to budgets message. step 2 getting more centralized control of spending.
Jacobson's strategic political theory
politicians think voters approve of Dems/Reps more or less (due to same set of considerations)-*The indirect pf the 2 mechanisms for public opinion
House v. Senate- Evolving patterns of elections
More swings in pub. opinion, less by incum. House swings more, than senate, then both swing, then the senate swings more
Jacobson's incumbents vote on...Model 4 house vote in each district
previous election results, incum spending, incum. pop., challenger spending, challenger quality, party-pro dem/Rep-wave of pub. opinion
Perceptions affecting Reality-Pressel
Reality: crane was a bad congressmen, hadnt been a tested candidate in yrs, district had become more Dem, Perception:Cran was unbeatable,-This created the reality since Crance beat Pressel--Leads to the "psych out" factor-explaining the lack of competition '/']'[[
Fenno's 3 types of decison makers
1)Early deciders front of debate, known 4 declarations, bills, prior voting record, 2)Active players-delay commitment, inviting bids from various sides of issues and gaining leverage over final lang. of legislation, 3) Late deciders-delayed decsions, eager courted from all sides and gain specific consessions
Explicit Bargaining
- in making compromises, that the legislators can agree to split the differences
Implicit Bargaining
when the legislative take actions designed to get certain reactions from others through no negotiations has been taken.
-law anticipated reactions
collective action problem
-referring to challenges of merging individual goals into group achievements--resorts to "politicking"(trade off goals and resources to get results
"Poison Bill"
- intended 2 make bill so unacceptable that if adopted it will kill the underlying measure-rarely kills the fate of the bill
"pair arrangement"
- if member cant be there for roll call, then someone else who will be there will get a pair arrangement-both them announce decisions in the Congressional Record-neither casts votes_they cancel each other out.
"Free Votes"-
individual votes dont affect the final outcome-some dont vote until an outcome is assured- called "Strategic voting"
Deck stacking
things incums do can make challengers task impossible
Committee Leadership
Chairs:
i. calls mtgs, agenda
ii. Hire and fire
iii. Floor manager
Ranking members:
i. Hire and fire
ii. Sit on sub comm's
iii. Spokes person 4 party
iv. Com party conferences
Wiscons Right 2 life v. FEC -2006
restores previous lack over issue ads-cant be banned from moths b4 preceding gen/primary. Blurs the bright line test; basically restores previous lack of rules over issue advocacy
1974 Amends to FECA
limits $
a. redistricts outsides groups
b. FEC disclosure & creates FEC
17th Ammendment
requires a popular election of senators -making senate more stable, less 4 whims
Money buys these things in campaigns...
TV commercials (& radio/print/etc)
-Production v. placement
•Printing (brochures, fliers, direct mail)
•Polling
•Consulting
•Labor
•Rent
•Telephones
•Pizza & coffee
Tillman Act (1907)
banned corporate contributions to federal campaigns
Taft Hartley-1947
banned corp and union contributions and expenditures
Fed corrupt Practices Act-1925
established some contribution limits and dislcosure--Teapot Dome
Buckley v.Valeo 1976
first ammnd, distinction between contributions and expenditures. Public funding=3 separate systems-pres. primaries, presidential, general, and congressional elections
McCain Fiengold Bill-2002
Banned party soft money (and issue advocacy in conjunction with elections)
-Required other issue ads (by non-parties) to be paid for with hard money
Citizens United v.FEC-2010
lets corps and unions engage in express advocacy. overturning parts of McCain Fiengold 1974 amends to FECA, Taft Hartley, and Tilden Acts-basically past 100 yrs of precedents
Czar reed
speaker in 1889, enhancing power of party leadership. he eliminated the disappearing quorum-became known as a filibuster. conflict with Dems-;lowers quorum requirements . Asserted majority control.
seniority system
seats are owned, chairmanships are rewarded on the basis of seniority, longest tenured majority members on comm. automatically become chair. Era of committee governments
Committee Governments
where most legislation dies,-solution is a discharge petition (rarely used) . concentrated on expertise- members not on the comm have difficulty winning an argument. Subgovt/iron triangles- collusion bet committees of jurisdictions, lobbyist and exec agencies
Normative considerations
Biases- geographical and ideological comportion of standing comm's
typology of committees- from Fenno- of paradox fame(3 types)
1)Reelection-of constituency- ex. agriculture, nat. resources,etc.-by like minded members even across party lines. 2)Policy- often polized along party lines, like the judiciary, commerce, armed services, and foreign affairs, etc. 3) Power-dominated by the leadership of the majority party-at least in the contemporary congress-rule, ways and means, appropriations, budget
3 Goals of lawmakers-according 2 Fenno
1) Reelection-attracted 2 comms like nat. resources, and agricult. 2) good public policy-attracted 2 committees like the ju, ed, and labour, 3)influence in the congress-attracted to comms like appropriations, way and means.
How assignments are made
new members request comms and some retuning ones request transfers, comms on comms- review request and present a plan, plans are voted on in each partys conference, caucus, chamber votes on the combined plans
Legislative Reorganization Act of 1946
directed all the House and senate committees to exercise "continuous watchfulness"
Pre v. Post 9/11 U.S.
Pre 9/11 Phase-GOP lost the house and senate control
o Bush proposed no child left behind
o Largest tax cut since Reagan
o May 2001- Bush renounced bipartisanship
Post 9/11-confident, decisive and strong commander in chief
o Oct. 2002- Bush persuaded congress to enact a joint Resolution letting soldiers go to Iraq.
Interest Group
advocacy organization that formed to pursue govt solutions to those concerns-lobbying is one form of advocacy(also: campaign $, voter ed./communication,mobilization, direct humanitarian/charitable acitvity, information clearinghouse