Republicanism, Partisanship & Congressional Authority

Republicanism and Congressional Authority

• Representative democracy, or republicanism, can be slow, fast, or stagnant, fitting Congress's constitutional power to legislate nationally.

Partisan Politics and Policy Making

• Overly strong compromise complicates effective policy making, given today's intense partisan politics
• Ideological divisions at the citizen level are widening, shown in presidential elections and SCOTUS confirmation hearings, leading to party-line support or opposition.
• Congress mirrors societal divisions, with party alignments influencing community and national direction
• Internal divisions within parties exist
• The Democratic Party has its aggressive reform-minded left wing, including "The Squad" and Senator B. Saunders
• The GOP has an extreme right wing tied to Trump's "MAGA" supporters, who clash with moderate Republicans.

Politics and Compromise

• Politics involves power struggles, control, and compromise
• A "third rail" issue is too controversial for politicians to address without risking political damage.

Senate Controversies and Partisan Politics

• A transcript exists of a U.S. Senate heated controversy, reliance on rules and parliamentary procedures allow parties to get their way.

Judicial Nominations and Senate Procedures

• Republicans accused Democrats of partisan obstructionism for blocking President's nominees.
• Senate rules need 60 votes to end debate (invoke cloture) and proceed to a final vote.
• Democrats blocked nominations for being radically conservative.
• Illinois Democrat Dick Durbin mentions Republicans never gave hearings to Clinton's judicial nominees.
• Democrats planned to use half the debate time to discuss jobs, education, and healthcare
• Republicans planned to try and vote on judicial nominees during that time
• Democratic Leader Tom Daschle says there would be at least two people discussing at all times during the break
• Senator Trent Lott called the "nuclear" option in March 2003
• The "nuclear strike" metaphor refers to changing the filibuster rule by the majority party unilaterally, risking retaliation.
• George Mitchell suggests a staged even to accommodate concerns.
• Fred Thompson claims the Democratic rate of approval was slower during the Bush administration than anyone since Carter.
• Senators have changed the standard from competent to pass to litmus test to a certain party

Filibusters and Judicial Nominees

• Republicans initiated filibustering judicial nominees and have been very aggressive in using it.

Senate Comity and Partisanship

• The real issue is comity decline, loss of institutional loyalty, and increased partisanship in the Senate.
• George Mitchell argues that the president should work with senators to find good nominee for the appeals court.
• Republican leadership are not doing enough on behalf of the nominees.
• Fred Thompson says there should be more comity in the Senate.
• There is a series of federal court nominees that have been denied.

Rhetoric and Debate

• George Mitchell comments on Senatorial courtesy and not commenting in individual senators comments
• Institutional loyalty has to be restored but there must be a point where senators are not exploiting.
• Fred Thompson says Democrats decided there is no price to pay politically and no temerity.
• All that is happening is effecting the judiciary and happening to the Congress.
• The number are close in the Senate and the House and every issue becomes political and everyone is looking to exploit for the next election.

Nuclear Option and Judicial Nominations

• Senate Republicans used the nuclear option for the first time in U.S. history to confirm a Supreme Court justice.
• Democrats used the nuclear option first in 2013.

Congressional Terms and Procedures

• Appropriation is the provision of funds for federal agencies.
• Engrossed bill is the official copy of the bill certified by on chamber
• Enrolled bill is the final copy of the bill that is passed by both chambers and given to the President
• Expel is the removal of a member by their house
• Nuclear option is overrides standing rule by simple majority needed to invoke cloture
• The Senate or House advisor on rules is called the Parliamentarian
• Each quorum has a general usage depending on which chamber.

Secret Sessions of Congress

• Secret sessions need to be confidential, implied by Article 1, Section 5, of the Constitution.
• House and the Senate added the clause through precedents
• The Congress' principal reason for Secret Sessions of Congresses is for national security
• Transcripts are not published however they can be released at a later time.

House Expansion

• The House has been fixed at 435 for nearly a century.
• There should be a bump to improve diversity, increase access to members, and improve workload
• In January, Rep. Earl Blumenauer introduced H.R. 622, Restoring Equal and Accountable Legislators in the House Act, increase to 585.
• House of Rep is the constituencies most direct connection to federal government.
• COVID-19 underscored importance of the proactive and local consistuent services.
• There are about 800,000 constituents to one rep
• Some argue that the House expansion will only create stymied legislative process
• There would be a new infrastructure needing new office space chambers.
• Kevin Kosar argues that getting American back to 1 member of rep for every 30,000 or 50,000 would create a freakishly huge House like Star Wars
• Sean Casten (D.III)introduced separate legislation.
• To determine amount of House eats divided the US Population by the west population.
• Republicans are in control, so the idea would not be go in affect until the 2030 census.