The_Constitution_of_the_Congress

The Constitution of the Congress

Overview

• Lecture by Dr. Jesse Richman at Old Dominion University

• Focused on the constitutions that shaped Congress

Constituting the Congress

• Functions of Legislatures: Resolve conflicts and make collective decisions.

• Role of Constitutions: Structure the rules governing political processes.

  • Questions include:

    • How are conflicts resolved?

    • Who participates in the resolutions?

• Inequalities in Representation: Considerations like the inclusion of women or age restrictions may affect participation in decision-making.

• Two Focus Areas:

  • Congress under the Articles of Confederation.

  • Congress under the current Constitution.

Coordination Problems

• Definition: A situation where a group wishes to act together but can't agree on a solution.

  • Examples:

    • Choosing a lunch venue.

    • Deciding which side of the road to drive on.

Example of a Coordination Problem: National Capitol

• Context: Location of the national capital debated during the Articles of Confederation.

  • Southern States: Preference for Georgetown.

  • Central States: Preference for Philadelphia.

Unstable Coalitions

• Characteristic: Collective agreements may fall apart due to competition from alternative offers.

• Minimum Winning Coalitions: More susceptible to being raided, i.e., members replaced based on better offers.

Example: Divide the Dollar Game

• Structure: Three individuals vote on how to split one dollar; majority support needed to pass a proposal.

• Goal: Each participant aims to maximize their share.

• Outcome: Always potential proposals incentivizing two players at the cost of a third.

• Simulation Access: Participants can engage through provided online platform (requires ODU midas login).

Stepping through the Divide the Dollar Simulation

• Initial Distribution of Dollar:

  • District A: 20%

  • District B: 40%

  • District C: 40%

• Action: Players propose new distributions to total 100%.

Continuing Scenario

• Allocation Process (Sample Paths): New distributions explored as players propose changes over iterations.

• Sample Allocations:

  • Allocation #2: 50% District A, 50% District B, 0% District C.

  • Allocation #3: 90% District A, 0% District B, 10% District C.

Agency Problems

• Explanation: Select agents (representatives, committee leaders) to act on behalf of constituents; agents may have misaligned incentives.

  • Example: A car mechanic finding unnecessary repairs.

• Implications: Chamber leaders are chosen to organize effectively but may pursue conflicting goals.

Two Approaches to Managing Power

• Articles of Confederation: Unified but weak institutions.

• US Constitution: Separated powers among institutions to check one another.

Evolution of American Legislatures

• Historical Context: Transition from Articles of Confederation to modern state legislatures.

• Key Points: Transformation from colonial assemblies to more organized legislatures.

  • Evolutionary lines from colonial assemblies to modern Congress.

The Failures of the Articles of Confederation Congress

• Major Issues:

  • Inability to resolve national issues due to lack of power.

  • Limitations on enforcement, taxation, and internal legislative decision-making.

  • Weak committee structures and chaotic internal rules.

Procedural Example: Articles of Confederation Congress

• Voting Rules: Any member may propose location changes.

• Amendment Process:

  • First vote on striking current language, then vote on new language to adopt.

  • Major legislation required a 3/4 majority of total members, complicating resolutions.

The Constitutional Convention

• Impact: Provided Congress with more power and independence.

• Key Provisions:

  • Designed to balance strength with a system of checks and balances.

New Powers of National Government (Article 1 Section 8)

• Expressed Powers: Define key authorities of Congress.

  • Power of the Purse: Control over federal budget.

  • Commerce Clause: Regulate interstate commerce.

  • Necessary and Proper Clause: Grant flexibility in law-making authority.

Congressional Primacy

• Perspective: While branches are coequal, Congress defines structure and duties of the others.

• Powers:

  • Override vetoes, structure the judiciary, and impeachment authority.

Election and Representation

• Plans Discussed:

  • Virginia Plan and New Jersey Plan.

  • Connecticut Compromise: A bicameral legislature structure.

    • House apportioned by population; Senate equality among states.

Game: Consequences of the Great Compromise: Bicameralism

• Simulation Context: States negotiate policy making under varying population influences for House and Senate.

• Issues Faced: Federal assumption of state debts and tariff levels.

Does Bicameralism Matter?

• Considerations: Different outcomes in House and Senate require compromises.

• Logrolling: Exchange of favoring votes to secure legislation approval.

Ideological/Spatial Analysis of the Constitution

• Bicameralism Impact:

  • Protecting the status quo when houses disagree leading to gridlock.

  • Compromise required when agreement on direction of policy change exists but not on magnitude.

Veto Power Game

• Objective: Create a minimum wage policy that aligns with team interests.

• Process: Engage in legislator decision-making influenced by presidential veto threats.

Implications of Veto Game

• Factors Influencing Presidential Power:

  • Bargaining strategies and the nature of disagreements with Congress.

  • Example: Veto patterns of President Bush.

Other Constitutional Provisions: Presidential Veto

• Supermajority Requirement: 2/3 of Congress to override a veto.

• Veto in One Dimension: Protecting status quo vs. forcing compromise.

Contexts Requiring Supermajorities

• Examples:

  • Amendments, cloture in the Senate, treaty ratifications, and rule suspensions in the House.

  • Shift from treaties to executive agreements to avoid supermajority challenges.

Executive Agreements vs. Treaties

• Trends: Increasing use of executive agreements by presidents to bypass Senate ratification challenges.

• Data Representation: Show decrease in treaties over time relative to executive agreements, illustrating changing presidential strategies in foreign relations.

Other Constitutional Institutions: Supreme Court

• Judicial Review: Established in Marbury v. Madison, allowing court to invalidate laws.

• Impact on Legislation: Legislative interpretations can be clarified or overturned through new laws.

The People and the Formal Rules

• Kaiser's Insights:

  • Disparities between constitutional ideals and practical governance.

  • Congressional behavior impacted by public perception and individual action.

Conclusion

• Constitutional Implications:

  • Determines conditions for legislative action, empowers and restricts Congress, and facilitates historical developments.

• Next Focus: Internal organization changes in Congress; legislatures determining rules and individual member powers.