How to Make Congress Popular

Abstract: Conventional wisdom holds that Congress is unpopular because it does not measure up to the people's populist expectations. Instead of being the “citizen's legislature” that the people desire, it is an institutionalized legislature with well‐paid, longtime members and an elaborate infrastructure of committees, caucuses, parties, and perquisites. The people, it is alleged, desire more of a voice in the decisions made by Congress, they want congressional procedures to be more open so ordinary people know what is going on in the halls of power, and they want more accountability and more representation of the interests of real people. In this paper, I argue that the enactment of this populist reform agenda would actually make Congress substantially less popular with the people. In other words, I contend that the more Congress gives people voice, accountability, representation, and open, visible procedures, the more the people will be dissatisfied with Congress. The real cause of congressional unpopularity is not that people would rather make decisions themselves but that people do not trust members of Congress to make decisions in a non‐self‐interested fashion.     

Electoral Institutions,the Personal Vote,and Legislative Organization

What is the relationship between electoral institutions and the internal organization of legislatures? Existing research on the U.S. Congress suggests that electoral incentives shaped by the candidate‐centered nature of congressional elections explain the emergence of strong committees in that legislature. Exploring the issue from a comparative perspective, it is argued that the impact of ballot structure on committee system structure is dependent on how legislators cultivate personal votes. Committees will be stronger when legislators supply fiscal legislative particularism (pork), but weaker when legislators cultivate support by delivering extra‐legislative constituency service. Statistical analysis, combining original data on committee design in 39 democratic legislatures with measures of ballot structure and mechanism to cultivate a personal vote (MCPV), confirms the expectation.     

The Effect of the Size of Voting Blocs on Incumbents' Roll‐Call Voting and the Asymmetric Polarization of Congress

Candidates face a trade‐off in the general election between taking a more‐moderate position that appeals to swing voters and a more‐extreme position that appeals to voters in the party's base. The threat of abstention by voters in the party's base if their candidate takes a position too moderate for them moves candidates to take more‐extreme positions. I discuss hypotheses regarding how this trade‐off affects candidate positioning and describe my tests of those hypotheses using data on House members in the 107th Congress and Senate members for the period 1982–2004. I then present data on how the distribution of voters in the electorate has changed over the past three decades and discuss how, in light of my empirical findings, these changes might explain the observed pattern of asymmetric polarization in Congress in recent decades.     

Institutional Change,Party Discipline,and the House Democratic Caucus, 1911–19

Abstract The House Democratic Caucus of 1911 to 1919 is a largely understudied institution in the literature on congressional party government, despite the claims of many scholars that the caucus functioned as a significant instrument of party government by binding legislators' floor votes. An analysis of roll‐call votes, new data from the caucus journal, and contemporary accounts from the period indicate that these claims are largely exaggerated, although the caucus did, on occasion, improve floor discipline within the party. I find that intraparty homogeneity on crosscutting issues was related to caucus success. In addition, I argue that the adoption and use of the binding caucus can best be understood from the “multiple goals” viewpoint of congressional politics. These findings have important implications for understanding the development of party‐based institutions in Congress.     

Budgetary Negotiations: How the Chilean Congress Overcomes its Constitutional Limitations

Recent research suggests that the Chilean Congress is marginalised in the policymaking process, especially when setting the budget. This paper argues that previous studies have overlooked the fact that the legislature uses two amendment tools – specifications and marginal notes – to increase the national budget and reallocate resources within ministries. This behaviour contradicts the constitution, which only allows Congress to reduce the executive's budget bill. To test this empirically, a pooled two-stage time-series cross-sectional analysis is conducted on ministries for the years 1991–2010. The findings clarify how the legislature surpasses its constitutional limits and demonstrate that specifications are useful to predict when Congress increases or decreases a ministry's budget.     

The Statistical Analysis Of Roll‐Call Data: A Cautionary Tale

Roll‐call voting and congressional procedures are two of the most heavily studied aspects of the U.S. Congress. To date, little work has focused on the effect of procedures on the composition of the roll‐call record. This article takes a step in this direction by demonstrating the effect of chamber rules and institutional constraints on House and Senate roll‐call data, as well as on the inferences that scholars have drawn from the roll‐call record. More specifically, I focus on recent efforts to measure party effects and ideological alignments, and I demonstrate that the composition of the roll‐call record can affect these measures.     

Legislative Fragmentation and Government Spending in Presidential Democracies: Bringing Ideological Polarization into the Picture

We claim that, in presidential democracies, the effect of increasing fragmentation on government spending should be conditional on polarization, defined as the ideological distance between the government's party and other parties in Congress. We build a model where this result follows from negotiations between the legislature and an independent government seeking the approval of its initiatives—as in presidential democracies. Using cross‐country data over time, we test the empirical validity of our claim finding that, in presidential democracies, there is indeed a positive effect of fragmentation only when polarization is sufficiently high. The same is not true for parliamentary democracies.     

An Analysis of Policy‐Based Congressional Responses to the U.S. Supreme Court's Constitutional Decisions

While Congress can attempt to overrule constitutional decisions of the Supreme Court by initiating the constitutional amendment process, an amendment is rarely a practicable option. Instead, Congress regularly tries to modify the impact of constitutional decisions with ordinary legislation. I analyze policy‐based responses to the Supreme Court's constitutional decisions that were initiated in Congress between 1995 and 2010. For each responsive proposal, I consider the relationship between the proposed legislation and the Court's legal holding and the relationship between the proposal and the public policy associated with the Court's decision. I find that Congress enjoys considerable success in reversing the policy impacts of the Court's decisions but is limited in its ability to overcome the Court's legal rules.     

Electoral Strategy,Committee Membership,and Rent Seeking in the Taiwanese Legislature, 1992–2001

While the electoral system undoubtedly influences legislative behavior, it does not necessarily have a uniform effect on all legislators. In this article, I argue that the different strategies that candidates choose in the quest for office result in differing incentives once the candidates have been elected. In the Taiwanese context, candidates who adopt a campaign strategy based on organization will tend to engage in more rent‐seeking activities once in the legislature, in order to offset the heavy financial burden of this strategy. From 1992 to 2001, Taiwanese legislators whose votes were highly concentrated in a small number of precincts tended to serve significantly more time on committees with the most rent‐seeking opportunities than did legislators with far less concentrated support. Legislators whose votes were spread more evenly across the entire electoral district and legislators elected from the party lists tended to serve more time on committees with little rent‐seeking potential.     

Restraining the Court: Assessing Accounts of Congressional Attempts to Limit Supreme Court Authority

We propose a multilevel account of legislative Court curbing in order to assess existing explanations as to why such proposals come about. We argue that although Court curbing is commonly seen as the result of institutional conflict between Congress and the Supreme Court, it is best understood as a product of three interrelated factors: the individual motivations on the part of lawmakers, the partisan context in which they operate, and institutional disagreements between Court and legislature. We find evidence that micro‐level factors offer an important insight into Court curbing that institution‐focused explanations alone cannot.     

Uncertainty and Roll‐Call Voting in Lame‐Duck Sessions of the U.S. House, 1969–2010

Lame‐duck sessions of Congress have become increasingly common of late. Such sessions are marked by higher levels of ideological and participatory shirking among departing members, creating a more uncertain legislative environment. I investigate the consequences of such shirking on coalition formation and roll‐call behavior. I analyze House roll‐call votes held in the 12 congresses that convened lame‐duck sessions from 1969 to 2010 (91st to 111th Congresses) to assess how roll‐call behavior changes across sessions. I find subtle but statistically significant changes across sessions consistent with claims regarding greater uncertainty in roll‐call voting in lame‐duck sessions.     

Political Parties and the Representativeness Of Legislative Committees

What role do parties play in determining which interests committees represent? In this article, I compare committee organization and representativeness in Nebraska's nonpartisan legislature with those in the partisan senates of Kansas and Iowa. I demonstrate that when parties do not organize legislative conflict, committees are less representative of the full chamber. I argue, however, that committee representativeness does not necessarily result from parties actively working to create representative committees. Rather, when legislative conflict has a definitive partisan structure and the committees are always controlled by the majority party, representative committees will result as a simple by‐product of the partisan structure and organization.     

Bicameral Winning Coalitions and Equilibrium Federal Legislatures

I analyze the legislative interaction between representatives from big and small states in a bicameral legislature that decides on the allocation of a fixed resource among the states. I assume that the two houses are malapportioned and that the big states are underrepresented in the upper house. By studying the effect of this and other institutional features on the relative welfare of big and small states and on equilibrium coalitions, I find that, contrary to common belief, an increase in the representation of small states may reduce those states' expected payoff, ceteris paribus. Also, contrary to interpretations of minimum‐winning‐coalition theorems, I demonstrate that excess majorities may occur in one of the two houses. When proposal making tends to be dominated by big (small) states, excess majorities occur in the upper (lower) house. I also find that higher proposal power increases the payoff of a group of states. Changes in the majority requirements in the two houses and expansion to encompass more small (big) states have non‐monotonic effects on the relative welfare of the two groups. I conclude my analysis with an empirical application using calibrations results for the 103d U.S. Congress and the legislative institutions of the European Union before and after the Treaty of Nice. “The equality of representation in the senate is another point, which, being evidently the result of compromise between the opposite pretensions of the large and the small states, does not call for much discussion.” James Madison (1788) Time: “Did the battle over the relative weight of big and small countries overshadow more important matters at Nice?” Verhofstadt: “It was absolutely necessary. What they tried to do in Nice was make a directorate of the big countries. The European Union can't survive like that.” Interview of Guy Verhofstadt, Prime Minister of Belgium TIME (2000)     

Priming Partisan Evaluations of Congress

Congress has been the scene of increasingly partisan and ideologically polarized conflict in recent years. I examine the extent to which the national political climate mutes or amplifies the effect of partisanship on evaluations of Congress. Using data from the National Election Studies and a content analysis of national media coverage, I find that public evaluations of Congress divide most sharply along party lines when elite‐level discourse is most partisan (as during an election season or a highly charged partisan debate in Congress). This finding is consistent with an opinion leadership or priming hypothesis of public opinion. In addition, the most knowledgeable citizens are most likely to be primed by the partisan political climate in Washington. In contrast, less attentive citizens tend to rely on nonpartisan cues when evaluating Congress. I discuss the implications of these findings for public opinion and improving the public standing of Congress in an increasingly partisan climate.     

The Impact of Bicameralism on Legislative Production

It is generally accepted by scholars, as well as by cameral partisans, that adding a second chamber to an otherwise unicameral legislative process will decrease the volume of laws that a legislature enacts. This study challenges the conventional wisdom. First, I offer a simple theoretical argument that shows that when second chambers can originate as well as reject legislation, bicameralism will have an indeterminate impact on legislative production. Second, I provide historical data gathered from the four U.S. states that have experienced cameral transitions. Although very rudimentary, the historical evidence, when coupled with the theoretical argument, raises serious doubt regarding the traditional claim that bicameralism reduces the production of legislation.     

Knowledge,Expertise, and Committee Power in the Contemporary Congress

Scholars, practitioners, and observers typically portray committee influence as rooted in traditional congressional processes and practices, which are thought to provide committees with powerful opportunities to block and shape legislative proposals. The erosion of regular order processes suggests these traditional processes cannot underlie committee power in the contemporary Congress. Drawing on a mixed‐methods approach of interviews with congressional staff and an original data set of every amendment offered on the floor of the House of Representatives from 2005 to 2008, I find that absent these traditional process norms, committees in the contemporary Congress can rely on their specialized knowledge and expertise to influence the behavior of their colleagues and shape the legislation that passes.     

The Perks of Being a Lawmaker: Returns to Office as a Legislative Goal

Extant literature demonstrates that holding public office is financially lucrative. Yet little is known about which sitting legislators profit from office. Relying on original data of members of the Florida legislature, I estimate predictors of income growth among sitting legislators. I find that legislators whose vote share increases by 10 percentage points between elections report income growth of nearly $20,000. This finding is robust to estimation technique and model specification, indicating that electoral safety is tied to income growth. Lawmakers appointed to legislative posts with agenda‐setting power do not obtain additional income. These data demonstrate the market values of electorally dominant legislators.     

When Voters Pull the Trigger: Can Direct Democracy Restrain Legislative Excesses?

Direct democracy is sometimes described as a “gun behind the door,” but how do legislators react when voters pull the trigger? Leveraging the high‐profile referendum defeat of a controversial law passed by the Ohio legislature, I examine how legislators respond to voter disaffection. Using interest groups to “bridge” votes before and after the election, I show that the measure's defeat induced moderation on the part of the Republican legislative majority, while leaving the behavior of opposition Democrats largely unchanged. The results suggest that direct democracy has the potential to restrain legislative excesses and alleviate polarization in state legislatures.