Evolution of Congress

Intentions of Founders Fear of excessive power in single institution Fear of mob rule by majority Concern over representation Solution to these concerns: bicameralism 1. Creation of “upper house” in which senators elected by state legislatures rather than people. 2. Representation concern settled by equal representation in the Senate and proportional in the House Belief that Congress would be dominant branch

Conflict Over Distribution of Power Basic Conflict: centralization v. decentralization Centralization allows Congress to act quickly under several conditions (at expense of constituents) Strong central leadership w/ authority over rank and file Restrictions on debate Few opportunities for stalling tactics Minimal committee interference A streamlined legislative process Opportunity to conduct business w/ minimal public scrutiny

Conflict (Cont’d) Decentralization Weak central leadership Few restrictions on debate Numerous opportunities for stalling tactics Powerful committee influence Complicated legislative process Close public scrutiny

Developments in the Senate The Senate is a more naturally decentralized and informal body Fewer members, fewer formal rules Lack of Speaker Lack of strong Rules Committee Democratization of Senate: passage of the 17th Amendment---> direct election of Senators Concern over length of debate allowed on floor Use of fillibusters In 1917, Senate provided means to kill fillibusters: 3/5 vote for cloture

Recent Developments: Use of the 1 st days Election of 104th Cong.----Republican “Contract w/ America” (12 items voted on in first 100 Days) Under Newt Gingrich (104th) some senior Republicans passed over for young, aggressive members Under Gingrich, House adopts term limits for committee chairmen Speaker Pelosi’s “Hundred Hours of Cong.” (2007) (minimum wage, embryonic stem cell research, implementation of 9/11 commission recommendations, cuttting of oil/gas tax breaks, cutting of student loans, allow Medicare to negotiate drug price discounts)

Organizing Congress: Rules and Norms Filibuster: Unlimited debate in Senate use to avoid voting on legislation or confirmation Cloture: Rule declaring the end of a debate in the Senate. Three-fifths of the Senate necessary. Hold: Senator indicates that he or she will use delaying tactics to prevent a final vote. Can be overruled by three- fifths majority. (60 votes)

Recent Developments (Cont’d) Filibuster Issue has become controversial Republicans complain that democrats use of filibuster to block judicial nominations/appts is unprecedented (under Bush), but now Democrats are complaining The facts: 79 nominees blocked under Obama; 68 total prior to Obama presidency for a total of 147