CHAPTER XIV

CONGRESS AT WORK

To the average observer, Congress is a vast and complicated legislative organ, with rules, committees, and methods, beyond the ken of ordinary mortals; but a somewhat careful examination of the procedure of that body from day to day reveals certain principles and practices which, when properly grasped, make the working scheme of the organization fairly clear at least clear enough for the citizen who does not intend to become a legislator but merely wishes to watch the operations of the national lawmakers with a reasonable degree of understanding.

Party Organization and Leadership in Congress

I. The first fact to be grasped is that the working methods of Congress are largely determined by the existence of two political parties — one, a majority in control of one or both houses and regarding itself as responsible for the principal legislative policies; the other, a minority, in opposition, bound under ordinary circumstances to criticise and often vote against the measures introduced and advanced by the majority. In England, the political party organization is carried frankly into the House of Commons, where the majority and minority sit facing each other, and where the government is avowedly that of the predominant party a government of men, not even theoretically of constitutional law. In the United States, the party rules none the less, but its organization and operations are, as we have seen,' unknown to the formal law of the federal Constitution. It is true that the votes on measures in Congress are by no means always cast according to party divisions, but it is likewise true that the principal legislative work of a session is the work of the majority party, formulated by its leaders, and carried through under their direction.2

This is not all. Each party in the Senate and the House is Above, chap. vi.

For the part of the President as political leader, see above, chap. ix.

organized into a congressional caucus,' in which is frequently determined the line of party action with regard to important legislative questions. It is in a party caucus before the opening of each Congress, that the majority in the House chooses the Speaker and the minority decides upon its leader whom it formally presents as a candidate for Speaker, knowing full well that he cannot by any chance be elected. It is in the caucus that the majority decides whether it will adopt the rules of the preceding Congress or modify them; and it is seldom that the decision of the caucus is overthrown. The caucus is definitely organized under rules by which party members are expected to abide, although there are often a few "insurgents" who insist on acting independently

on some matters.

The exact weight of the caucus in determining party policy is difficult to ascertain. At times in our history, undoubtedly, the caucus has settled fundamental matters of public interest before they were introduced into Congress, but there is reason for believing that its influence has been declining within recent years on account of the rise to power in each house of a few men whose long service, shrewdness in legislative management, and effective leadership have placed them in control of the speakership and the great committees.

How this is working out in the Senate is indicated by this passage from a speech made in that body in 1908, by Senator La Follette. "I attended a caucus at the beginning of this Congress. I happened to look at my watch when we went into that caucus. We were in session three minutes and a half. Do you know what happened? Well, I will tell you. A motion was made that somebody preside. Then a motion was made that whoever presided should appoint a committee on committees; and a motion was then made that we adjourn. Nobody said anything but the Senator who made the motion. Then and there the fate of all the legislation of this session was decided.... Mr. President, if you will scan the committees of this Senate, you will find that a httle handial of men are in domination and control of the great Ngulative committees of this body, and that they are a very limited number.” *

The caucas is held behind dosed doors, but its dewestons are seldom withheiði from the pabije. Reinnch Reading pp 108 109.

In the House, the directing power seems to be unquestionably concentrating in the Speaker, the majority members of the committee on rules, and the chairmen of the important committees.1 The positive leadership of these men seems to be definitely recognized. They, and such party members as are of unquestioned weight in the House, are gradually working toward something like a cabinet system of government, in which they formulate the policies and bring the other party members into line by the many methods known to politics.2

Indeed, a recent writer goes so far as to say that the party caucus is now merely held for the information of the leaders of the House and is "intended rather to furnish a vent for excited feeling and to measure and sum up the relative strength of different opinions, than to frame a policy upon which the party will unite." 3

The Mass of Business before Congress

II. The second important fact to grasp is that each session of Congress is confronted by an enormous amount of business from five to twenty times as much as can be considered adequately. Any member may introduce as many bills as he pleases by handing them to the clerk if they are of a private nature, or to the Speaker if they are of a public character. He does not have to secure any permission in advance or assume any responsibility for them, even though they may involve heavy charges upon the public treasury.

This looks like a fair, just, and simple matter, but in fact it is largely responsible for the extravagance and confusion that exist in the federal government and for the iron-bound methods that are followed in the procedure of the House. Inasmuch as each member has a large number of special appropriations for his own particular district, he is always willing to be generous with the claims of other members in return for a favorable consideration of his own. This practice of coöperating in securing appropriations is known as "log-rolling" - a term derived from pioneer

'It is difficult to say what will be the effect of the action of the House in making the committee on rules elective. Below, p. 283.

For the elements of control in the English Cabinet, see Lowell, Government of England, Vol. I, pp. 448 ff. See Reinsch, Readings, p. 292. 'H. L. Nelson, in the Century Magazine, Vol. LXIV, p. 169.

Tras is no exceptional is and is not printed here for the pur

Congre..ional Record for December 3, 1909.

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The following measures were introduces into the thous duing the Fifty-ninth Congress; 20,154 bills, 4x; font raduthone, e concurrent resolutions, So8 simple solutions, and 24-4 juta During this Congress, 092 public bills and maps puivat tallprincipally pension measures, were passed The power hushol from this enormous mass before the House must be teatral in the hands of some person or group of persons, for the ads that cand be made openly on the floor by any automnath purse which brings every measure to the consideration of that look Hom persons invested with the power of selection in the House must of necessity be leaders among the majority party, be Hot porte assumes responsibility before the country for the reultent à ba islative session. In the House these leaders are the Speaker,

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