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Samuel
P. Huntington
Congressional Responses to the Twentieth Century
Congress
is a frequent source of anguish to both its friends and its foes. The critics
point to its legislative failure. The function of a legislature, they argue,
is to legislate, and Congress either does not legislate or legislates too
little and too late. The intensity of their criticism varies inversely
with the degree and despatch with which Congress approves the President's
legislative proposals. When in 1963 the 88th Congress seemed to stymie
the Kennedy legislative program, criticism rapidly mounted. "What kind
of legislative body is it," asked Walter Lippmann, neatly summing up the
prevailing exasperation, "that will not or cannot legislate?" When in 1964
the same 88th Congress passed the civil rights, tax, and other bills, criticism
of Congress correspondingly subsided. Reacting differently to this familiar
pattern, the friends of Congress lamented its acquiescence to presidential
dictate. Since 1933, they said, the authority of the executive branch-President,
administration, and bureaucracy-has waxed, while that of Congress has waned.
They warned of the constitutional perils stemming from the permanent subordination
of one branch of government to another. Thus, at the same time that it
is an obstructive ogre to its enemies Congress is also the declining despair
of its friends. Can both images be true? In large
SAMUEL HUNTINGTON is Professor of Government at Harvard University and Consultant in the field of military policy to numerous government and private organizations. He was Associate Director, Institute of War and Peace Studies, Columbia University, from 1959 to 1962. Author of many books and articles, Professor Huntington's most recent publication is Political Power: USA/USSR (with Zbigniew Brzezinski).
5
6 Samuel P. Huntington
part, they are. The loss of power by Congress, indeed, can be measured by the extent to which congressional assertion coincides with congressional obstruction. This paradox has been at the root of the "problem" of Congress since the early days of the New Deal. Vis-a-vis the Executive, Congress is an autonomous, legislative body But apparently Congress can defend its autonomy only by refusing to legislate, and it Call legislate only by surrendering its autonomy.' When Congress balks, criticism rises, and the clamoring voices of reformers fill the air with demands for the "modernization" of the "antiquated procedures" of an "eighteenth century" Congress so it can deal With "twentieth century realities." The demands for reform serve as counters in the legislative game to get the President's measures through Congress. Independence thus provokes criticism; acquiescence brings approbation. If Congress legislates, it subordinates itself to the President; if it refuses to legislate, it alienates itself from public opinion. Congress can assert its power or it can pass laws; but it cannot do both.
Legislative Power and Institutional Crisis
The roots of this legislative dilemma lie in the changes in American society during the twentieth century. 'The twentieth century has seen: rapid urbanization and the beginnings of a post-industrial, technological society; the nationalization of social and economic problems and the concomitant growth of national organizations to deal with these problems; the increasing bureaucratization of social, economic, and governmental organizations; and the sustained high-level international involvement of the United States in world politics. These developments have generated new forces in American politics and initiated major changes in the distribution of power in American society. An particular, the twentieth century has witnessed the tremendous expansion of the responsibilities of the national government and the size of the national bureaucracy. In 1901, the national government had 351,798 employees Or less than 1 ½ per cent of the national labor force. In 1962, it had 5,232,819 employees, constituting 7 per cent of the labor force. The expansion of the national government has been paralleled by the emergence of other large, national, bureaucratic organizations: manufacturing corporations, banks, insurance companies, labor unions, trade associations, farm organizations, newspaper chains, radio-TV networks. Each organization may have relatively specialized and concrete interests, but typically it functions on a national basis. Its headquarters are in New York or Washington; its operations are scattered across a dozen or more states. The emergence of these organizations truly constitutes, in Kenneth Boulding's expressive phrase, an "organizational revolution." The existence of this private "Establishment," more than anything else, distinguishes twentieth-century America from nineteenth-century America. The leaders of these organizations are
Congressional Responses to the Twentieth Century 7
the
notables of American society: they are the prime wielders of social and
economic power.
These momentous social changes have confronted Congress with an institutional
"adaptation crisis." Such a crisis occurs when changes in the environment
of a governmental institution force the institution either to alter its
functions, affiliation, and modes of behavior, or to face decline, decay,
and isolation. Crises usually occur when an institution loses its previous
sources of support or fails to adapt itself to the rise of new social forces.
Such a crisis, for instance, affected the Presidency in the second and
third decades of the nineteenth century. Under the leadership of Henry
Clay the focal center of power in the national government was in the House
of Representatives; the congressional caucus dictated presidential nominations;
popular interest in and support for the Presidency were minimal. The "Executive,"
Justice Story remarked in 1818, "has no longer a commanding influence.
The House of Representatives has absorbed all the popular feelings and
all the effective power of the country." The Presidency was on the verge
of becoming a Weak, secondary instrumental organ of government. It was
rescued from this fate by the Jacksonian movement, which democratized the
Presidency, broadened its basis of popular support, and restored it as
the center of vitality and leadership in the national government. The House
of Commons was faced with a somewhat similar crisis during the agitation
preceding the first Reform Bill of 1832. New social groups were developing
in England which were demanding admission to the political arena and the
opportunity to share in political leadership. Broadening the constituency
of the House of Commons and reforming the system of election enabled the
House to revitalize itself and to continue as the principal locus of power
in the British government.
In both these cases a governmental institution got a new lease on life,
new vigor, new power, by embodying within itself dynamic, new social forces.
when an institution fails to make such an alignment, it must either restrict
its own authority or submit to a limitation upon it's the House of Lords
approve Lloyd George's budget, it was first compelled by governmental pressure,
popular opinion, and the threat of the creation of new peers to acquiesce
in the budget and then through a similar process to acquiesce in the curtailment
of its own power to obstruct legislation approved by the Commons. In this
case the effort to block legislation approved by the dominant forces in
the political community resulted in a permanent diminution of the authority
of the offending institution. A somewhat similar crisis developed with
respect to the Supreme Court in the 1930s. Here again a less popular body
attempted to veto the actions of more popular bodies. In three years the
Court invalidated twelve acts of Congress. Inevitably this precipitated
vigorous criticism and demands for reform, culminating in Roosevelt's court
reorganization
8 Samuel P. Huntington
proposal
in February of 1917. The alternatives confronting the Court were relatively
clear-cut: it could "reform" or be "reformed." In "the switch in time that
saved nine," it chose the former course, signaling its change by approving
the National Labor Relations Act in April 1917 and the Social Security
Act in May. With this switch, support for the reorganization of the Court
drained away. The result was, in the words of Justice Jackson, "a failure
of the reform forces and a victory of the reform."
Each of these four institutional crises arose from the failure of a governmental
institution to adjust to social changes and the rise of new viewpoints,
new needs, and new political forces. Congress's legislative dilemma and
loss of power stem from the nature of its over-all institutional response
to the changes in American society. This response involves three major
aspects of Congress as an institution: its affiliations, its structure,
and its functions. During the twentieth century Congress has insulated
itself from the new political forces which social change has generated
and which are, in turn, generating more change. Hence the leadership of
Congress has lacked the incentive to take the legislative initiative in
handling emerging national problems. Within Congress power has become dispersed
among many officials, committees, and subcommittees. Hence the central
leadership of Congress has lacked the ability to establish national legislative
priorities. As a result, the legislative function of Congress has declined
in importance. while the growth of the federal bureaucracy has made the,
administrative overseeing function of Congress more important. These three
tendencies-toward insulation, dispersion, and oversight-have dominated
the evolution of Congress during the twentieth century.
Affiliations: Insulation From Power
Perhaps the single most important trend in congressional evolution during
the twentieth century has been the growing insulation of Congress from
other social groups and political institutions: In I900 no gap existed
between congressmen and the other leaders of American society and politics.
Half a century later the changes in American society, on the one hand,
and the institutional evolution' of Congress, on the other, had produced
a marked gap between congressional leaders and the bureaucratically oriented
leadership of the executive branch and of the Establishment. The growth
of this gap can be seen in seven trends in congressional evolution.
(1) Increasing, tenure office. In the nineteenth century few congressmen
stayed in Congress very long. During the twentieth century the average
tenure of congressmen has inexorably lengthened. In 1900 only 9 per cent
of the members of the House of Representatives had served five terms or
wore and less than 1 per cent had served ten terms or more. In 1957, 45
per cent of the House had served five terms or more
Congressional Responses to the Twentieth Century 9
and 14 per cent ten terms or more. In 1897, for each representative w had served ten terms or more in the House, there were 3.4 representation who had served two terms or less. In 1961 for each ten-termer the were only 1.6 representatives who had served two terms or less.1 In the middle of the nineteenth century, only about half the representatives in any one Congress had served in a previous Congress, and only about o third of the senators had been elected to the Senate more than once. By 1961 close to 90 per cent of the House were veterans, and almost two thirds of the senators were beyond their first term. The biennial infusion of new blood had reached an all-time low.
Table I
VETERAN CONGRESSMEN IN CONGRESS
Congress
date
Representatives elected to
Senators elected to Senate
House more than once
More than once
42nd 1871 53% 32%
50th 1887 63 45
64th 1915 74 47
74th 1935 77 54
87th
1961
87
66
Source:
Figures for representatives for 1871-1915 are from Robert Luce, Legislative
Assemblies (Boston: Houghton Mifflin Company, 1924), P. 365. Other
figures calculated independently.
(2) The increasingly important role of seniority. Increasing tenure
of congressmen is closely linked to increasingly-rigid adherence to practices
of seniority. The longer men stay in Congress, the more likely they are
to see virtue in seniority. Conversely, the more important seniority is,
the greater is the constituent appeal of men who have been long in office.
The current rigid system of seniority in both houses of Congress
is a product of the twentieth century.
In the nineteenth century seniority was far more significant in the Senate
than in the House. Since the middle of that century Apparent only in five
instances-the last in 1925-has the chairmanship of Senate committee been
denied to the most senior member of the committee. In the House, on the
other hand, the Speaker early received 1 power to appoint committees and
to designate their chairmen. During the nineteenth century Speakers made
much of this power. Commit appointment and the selection of chairmen were
involved political processes, in which the Speaker carefully balanced factors
of seniority, geography, expertise, and policy viewpoint in making his
choices. Not infre-
1.
George B. Galloway,
History of the United States House of Representatives
(House
Document 216, Eighty Seventh Congress, 1st Session, 1962), P. 31; T. Richard
Witmer
New York Times, Dec. 27, 1963, P. 24.
10 Samuel P. Huntington
quently
prolonged bargaining would result as the Speaker traded committee positions
for legislative commitments. Commenting on James G. Blaine's efforts at
committee construction in the early 1870s, one member of his family wrote
that Blaine "left for New York on Wednesday. He had cotton and wool manufacturers
to meet in Boston, and, over and above all, pressure to resist or permit.
As fast is he gets his committees arranged, just so fast some after consideration
conies up which over topples the whole list like a row of bricks." 2 Only
with the drastic curtailment of the powers of the Speaker in 1910 and 1911
did the seniority system in the House assume the inflexible pattern which
it has today. Only twice since the 1910 revolt-once in 1915 and once in
1921-has seniority been neglected in the choice of committee chairmen.
(3) Extended tenure.- a prerequisite for leadership. Before 1896 Speakers,
at the time of their first election, averaged only seven years tenure in
the House. Since 1896 Speakers have averaged twenty-two years of House
service at their first election. In 1811 and in 1859 Henry Clay and William
Pennington were elected Speaker when they first entered the House. In 1807
Thomas Jefferson arranged for the election of his friend, William C. Nicholas,
to the House and then for his immediate selection by the party caucus as
floor leader. Such an intrusion of leadership from outside would now be
unthinkable. Today the Speaker and other leaders of the House and, to a
lesser degree, the leaders of the Senate are legislative veterans of long
standing. In 1961 fifty-seven House leaders averaged twenty years of service
in the House and thirty-four Senate leaders sixteen years of service in
the Senate. The top House leaders (Speaker, floor leaders, chairmen and
ranking minority members of Ways arid Means, Appropriations, and Rules
Committees) averaged thirty-one years in the House and nineteen years in
leadership positions. The top Senate leaders (President pro tern., floor
leaders, chairmen and ranking minority members of Finance, Foreign Relations,
and Appropriations Committees) averaged twenty years in the Senate and
nine years in leadership positions. Between 1948 and 1961 the average tenure
of top leaders increased by two years in the House and by three years in
the Senate. Increasing tenure means increasing age. In the nineteenth century
the leaders of Congress were often in their thirties. Clay was thirty-four
when he became Speaker in 1811; Hunter, thirty when he became Speaker in
1839; White, thirty-six at his accession to the Speakership in 1841; and
Orr, thirty-five when lie became Speaker in 1957. In contrast, Rayburn
was fifty-eight when he became Speaker, Martin sixty-three, and McCormack
seventy-one.
(4) Leadership within Congress: a one-way street. Normally in American
life becoming a leader in one institution opens up leadership possibilities
in other institutions: corporation presidents head civic agencies or become
2. Gail Hamilton, Life of James G. Blaine, P. 263, quoted in DeAlva S. Alexander, History and Procedure of the House of Representatives (Boston: Houghton Main Company, 1916), p. 69.
Congressional Responses to the Twentieth Century 11
cabinet
officers; foundation and university executives move into government; leading
lawyers and bankers take over industrial corporations. The greater one's
prestige, authority, and accomplishments within one organization, the easier
it is to move to other and better posts in other organizations. Such, however,
is not the case with Congress. Leadership in the House of Representatives
leads nowhere except to leadership in the House of Representatives. To
a lesser degree, the same is true of the Senate. The successful House or
Senate leader has to identify himself completely with his institution,
its mores, traditions, and ways of behavior. "The very ingredients which
make you a powerful House leader," one representative has commented, "are
the ones which keep you from being a public leader."3 Representatives typically
confront a "'fourth term crisis": if they wish to run for higher office-for
governor or senator-they must usually do so by the beginning of their fourth
term in the House. If they stay in the House for four or more terms, they
in effect choose to make a career in the House and to forswear the other
electoral possibilities of American politics. Leadership in the Senate
is not as exclusive a commitment as it is in the House. But despite such
notable exceptions as Taft and Johnson, the most influential men in the
Senate have typically been those who have looked with disdain upon the
prospect of being anything but a United States Senator. Even someone with
the high talent and broad ambition of Lyndon Johnson could not escape this
exclusive embrace during his years as majority leader. In the words of
Theodore H. White, the Senate, for Johnson, was "faith, calling, club,
habit, relaxation, devotion, hobby, and love." Over the years it became
"almost a monomania with him, his private life itself ." 4 Such "monomania"
is normally the prerequisite for Senate leadership. It is also normally
an insurmountable barrier, psychologically and politically, to leadership
anywhere outside the Senate.
(5) The decline of personnel interchange between Congress and the administration.
Movement
of leaders in recent years between the great national institutions of "The
Establishment" and the top positions in the administration has been frequent,
easy, and natural. This pattern of lateral entry distinguishes the American
executive branch from the governments of most other modern societies. The
circulation of individuals between leadership positions in governmental
and private institutions cases the strains between political and private
leadership and performs a unifying function comparable to that which common
class origins perform in Great Britain or common membership in the Communist
Party does in the Soviet Union.
The frequent movement of individuals between administration and
3. Quoted in Charles L. Clapp, The Congressman: His Work as He Sees It (Washington: Brookings Institution, 1961), p. 21. 4 Theodore H. White, The Making of the President, 1960 (New York: Atheneum Press, 1961), P. 132.
12 Samuel P. Huntington
establishment
contrasts sharply with the virtual absence of such movement between Congress
and the administration or between Congress and the establishment. The gap
between congressional leadership and administration leadership has increased
sharply during this century. Seniority makes it virtually impossible for
administration leaders to become leaders of Congress and makes it unlikely
that leaders of Congress will want to become leaders of the administration.
The separation of powers has become the insulation of leaders. Between
1861 and 1896, 37 per cent of the people appointed to posts in the Presidential
cabinet had served in the House or Senate. Between 1897 and 1940, 19 percent
of the Cabinet positions were filled by former congressmen or senators.
Between 1941 and 1963 only 15 per cent of the cabinet posts were so filled.
Former congressmen received only 4 per cent of over 1,000 appointments
of political executives made during the Roosevelt, Truman, Eisenhower,
and Kennedy Administrations.5 In 1963, apart from the President and Vice-President,
only one of the top seventy-five leaders of the Kennedy Administration
(Secretary of the Interior Udall) had served in Congress.
Movement from the administration to leadership positions in Congress is
almost equally rare. In 1963 only one of eighty-one congressional leaders
(Senator Anderson) had previously served in the President's Cabinet. Those
members of the administration who do move on to Congress are typically
those who have come to the administration from state and local politics
rather than from the great national institutions. Few congressmen and even
fewer congressional leaders move from Congress to positions of leadership
in national private organizations, and relatively few leaders of these
organizations move on to Congress. Successful men who have come to top
in business, law, or education naturally hesitate shift to another world
in which they would have to start all over again at the bottom. In some
cases, undoubtedly, Establishment leaders also consider legislative office
simply beneath them.
(6) The social origins and careers of congressmen. Congressmen are
much more likely to come from rural and small-town backgrounds than are
administration and establishment leaders. A majority of the senators holding
office between 1947 and 1957 were born in rural areas. 64 per cent of the
1959 senators were raised in rural areas or in small towns, and only 19
per cent in metropolitan centers. In contrast, 52 per cent of the presidents
largest industrial corporations grew up in metropolitan centers, as did
a large proportion of the political executives appointed during the Roosevelt,
Truman, Eisenhower, and Kennedy Administrations. The contrast in origins
is reflected in fathers' occupations. In the 1950s, the proportion of farmer
fathers among senators (32 per
5. See Pendleton Herring, Presidential Leadership (New York: Farrar and Rinehart 1940), pp. 164-65, for 1861-1940; figures for 1940-1963 have been calculated on same basis as Herring's figures; see also Dean E. Mann, "The Selection of Federal Political Executives," American Political Science Review, 58 (March, 1964), 97.
Congressional I Responses to the Twentieth Century 13
cent)
was more than twice as high as it was among administration leaders (13
per cent) and business leaders (9 to 15 per cent).6
Of perhaps greater significance is the difference in geographical mobility
between congressmen and private and public executives. Forty-one per cent
of the 1959 senators, but only 12 per cent of the 1959 corporation presidents,
were currently residing in their original hometowns. Seventy per cent of
the presidents had moved 100 miles or more from their hometowns but only
29 per cent of the senators had done so. In 1963, over one-third (37 per
cent) of the top leaders of Congress but only 11 per cent of administration
leaders were still living in their places of birth. Seventy-seven per cent
of the congressional leaders were living in their states of birth, while
70 per cent of the administration leaders
Table II
GEOGRAPHICAL MOBILITY OF NATIONAL LEADERS
Congressional
Administration
Political Business
Leaders
Leaders
Executives Leaders
(1963)
(1963)
(1959)
(1952)
N-81
N-74
N-1, 865 N-8300
None
37%
11% }
14% }
40%
Intrastate
40
19
Interstate,
intra region
5
9
10
15
Interregion
19
61
73
45
International
0
0
3
0
Sources:
"Political Executives," Warner et al., op. cit., P. 332; business leaders,
Warner and Abegglen, op. cit., p. 82; congressional and administration
leaders, independent calculation. Geographical mobility is measured by
comparing birthplace with current residence. For administration leaders,
current residence was considered to be last residence before assuming administration
position. The nine regions employed in this analysis are defined in Warner
et
al., op. cit, pp. 42-43.
had moved out of their states of birth. Sixty-one per cent of administration leaders and 73 per cent of political executives had moved from one region of the country to another, but only 19 per cent of congressional leaders had similar mobility.
6.
See Andrew Hacker, "The Elected and the Anointed," American Political
Science Review, 55
(September 1961), 540-41; Mann, ibid., 58 (MARCH
1964) 92-93; Donald R. Matthews, U.S. Senators and Their World (Chapel
Hill, University of North Carolina Press, 1960), pp. 14-17; W. Lloyd Warner,
et
al., The American Federal Executive (New Haven, Yale University
Press, 1963), pp. 11, 56-58, 333; W. Lloyd Warner and James C. Abegglen,
Occupational
Mobility in American Business and Industry (Minneapolis: University
of Minnesota Press, 1955) p. 38; Susan Keller, "The Social Origins and
Career Patterns of Three Generations of American Business Leaders" (Ph.D.
dissertation. Columbia University, 1953), cited in Wendell Bell, Richard
J. Hill, and Charles R. Wright, Public Leadership
(San Francisco:
Chandler Press, 1961).
7.
Hacker, op. cit., 544.
14 Samuel P. Huntington
During the course of this century the career patterns of congressmen and of executive leaders have diverged. At an earlier period both readerships had extensive experience in local and state politics. In 1963 about one-half of executive leaders and three-quarters of congressional leaders had held office in state or local government. In 1963 the congressional pattern had not changed significantly, with 61 per cent of the congressional leaders having held state or local office. The proportion of executive leaders with this experience, however, had dropped drastically.
Table
III
Experience
of National Political, Leaders
In
State and Local Government
Offices
held
Congressional Leaders
Administration Leaders
1903
1963
1903
1963
Any
state or local
75%
64%
49%
17%
office
Elective local office 55 46 22 5
State legislature 47 30 17 3
Appointive state office 12 10 20 7
Governor 16 9 5 4
The
congressional leaders of 1963, moreover, were more often professional politicians
than the congressional leaders of 1903: in 1903 only 5 per cent of the
congressional leaders had no major occupation outside politics, while in
1963, 22 per cent of the congressional leaders had spent almost all their
lives in electoral politics.
The typical congressman may have gone away to college, but he then returned
to his home state to pursue an electoral career, working his way up through
local office, the state legislature, and eventually to Congress. The typical
political executive, on the other hand, like the typical corporation executive,
went away to college and then did not return home but instead pursued a
career in a metropolitan center or worked in one or more national organizations.
with frequent changes of residence. As a result, political executives have
become divorced from state and local politics, just as the congressional
leaders have become isolated from national organizations. Congressional
leaders, in short, come up through a "local politics" line while executives
move up through a national organization" line.
The differences in geographical mobility and career patterns reflect two
different styles of life which cut across the usual occupational groupings.
Businessmen, lawyers, and bankers 'are found in both Congress and the administration.
But those in Congress are likely to be small businessmen, small-town lawyers,
and small-town bankers. Among the sixty-six lawyers in the Senate in 1963,
for instance, only two-Joseph Clark and Clifford Case-had been "prominent
corporation counsel[s]" before going
Congressional Responses to the Twentieth Century 15
into
politics." Administration leaders, in contrast, arc far more likely, affiliated
with large national industrial corporations, with Wall Street or State
Street law firms, and with New York banks.
(7) The provincialism of congressmen. The absence of mobility between
Congress and the executive branch and the differing background of the leaders
of the two branches of government stimulate different policy, attitudes.
Congressmen tend to be oriented toward local needs and small-town ways
of thought. The leaders of the administration an of the great private national
institutions are more likely to think in national terms. Analyzing, consensus-building
on foreign aid, James N. Rosenau concluded that congressmen typically had
"segmental" orientations while other national leaders had "continental"
orientations. The segmentally oriented leaders "give highest priority to
the subnational, units which they head or represent" and are "not prepared
to admit discrepancy between" the national welfare and "their subnational
concerns." The congressman is part of a local consensus of local politician
local businessmen, local bankers, local trade union leaders, and local
newspaper editors who constitute the opinion-making elite of the districts.
As Senator Richard Neuberger noted: "If there is one maxim which seems
to prevail among many members of our national legislature it is that local
matters must come first and global problems a poor second -that is, if
the member of Congress is to survive politically." As result, the members
of Congress are "isolated" from other national leaders. At gatherings of
national leaders, "members of Congress seem more conspicuous by their absence
than by their presence." One piece of evidence is fairly conclusive: of
623 national opinion-makers who attended ten American Assembly sessions
between 1956 and 1960, only nine (1.4 per cent) were members of Congress!
9
The differences in attitude between segmentally oriented congressmen and
the other, continentally oriented national leaders are particular marked
in those areas of foreign policy (such as foreign aid) which involve the
commitment of tangible resources for intangible ends. But they may also
exist in domestic policy. The approaches of senators and corporation presidents
to economic issues, Andrew Hacker found, are rooted in "disparate images
of society." Senators are provincially oriented; corporation presidents
"metropolitan" in their thinking. Senators may be sympathetic to business,
but they think of business in small-town, small business terms. They may
attempt to accommodate themselves to the needs of the national corporations,
but basically "they are faced with a power they do not really understand
and with demands about whose legitimacy they are uneasy." As a result,
Hacker suggests, "serious ten-
8.
Andrew Hacker, "Are There Too Many Lawyers in Congress?" New York Times
Magazine
January
5, 1964, 74.
9.
James N. Rosenau,
National Leadership and Foreign Policy (Princeton:
Princeton University Press, 1963), PP. 30-31, 347-350.
16 Samuel P. Huntington
sions
exist between our major political and economic institutions.... There is,
at base, a real lack of understanding and a failure-of communication between
the two elites."10
"Segmental" or "provincial" attitudes are undoubtedly stronger in the House
than they are in the Senate. But they also exist in the Senate. Despite
the increased unity of the country caused by mass communications and the
growth of "national as distinguished from local or sectional industry,"
the Senate, according to an admiring portraitist, "is if anything progressively
less national in its approach to most affairs" and "is increasingly engaged
upon the protection of what is primarily local or sectional in economic
life.""
Old ideas, old values, old beliefs die hard in Congress. The structure
of Congress encourages their perpetuation. The newcomer to Congress is
repeatedly warned that "to get along he must go along." To go along means
to adjust to the prevailing mores and attitudes of the Inner Club. The
more the young congressman desires a career in the House or Senate, the
more readily he makes the necessary adjustments. The country at large has
become urban, suburban, and metropolitan. Its economic, social, educational,
and technological activities are increasingly performed by huge national
bureaucratic organizations. But on Capitol Hill the nineteenth century
ethos of the small town, the independent farmer, and the small business
man is still entrenched behind the institutional defenses which have developed
in this century to insulate Congress from the new America.
* * *
The executive branch has thus grown in power vis-a-vis Congress for precisely
the same reason that the House of Representatives power vis-a-vis the Executive
in the second and third decades of the nineteenth century. It has become
more powerful because it has become more representative. Congress has lost
power because it has had two defects as a representative body. One, relatively
minor and in part easily remedied, deals with the representation of people
as individuals; the other, more serious and perhaps beyond remedy, concerns
the representation of organized groups and interests.
Congress was originally designed to represent individuals in the House
and governmental units-the states-in the Senate. In the course of time
the significance of the states as organized interests declined, and popular
election of senators was introduced. In effect, both senators and representatives
now represent relatively arbitrarily-defined territorial collections of
individuals. This system of individual representation suffers from two
inequities. First, of course, is the constitutional equal representation
10.
Hacker. op. cit., 547-49
11.
William S. White, Citadel (New York: Harper & Bros., 1956),
p. 136.
Congressional
Responses to the Twentieth Century
17
of
states in the Senate irrespective of population. Second, in the House,
congressional districts vary widely in size and may also be gerrymandered
to benefit one party or group of voters. The net effect of these practices
in recent years has been to place the urban and, even more importantly,
the suburban voter at a disadvantage vis-a-vis the rural and small-town
voter. In due course, however, the Supreme Court decision in Wesberry
v. Sanders in February 1964 will correct much of this discrepancy.
The second and more significant deficiency of Congress as a representative
body concerns its insulation from the interests which have emerged in the
twentieth century's "organizational revolution." How can national institutions
be represented in a locally-elected legislature? In the absence of any
easy answer to this question, the administration has tended to emerge as
the natural point of access to the government for these national organizations
and the place where their interests and viewpoints are brought into the
policy-making process. In effect, the American system of government is
moving toward a three-way system or representation. Particular territorial
interests are represented in Congress; particular functional interests
are represented in the administration; and the national interest is represented
territorially and functionally in the Presidency.
Every four years the American people choose a President, but they elect
an administration. In this century the administration has acquired many
of the traditional characteristics of the representative body that Congress
has tended to lose. The Jacksonian principle of "rotation in office" and
the classic concept of the Cincinnatus-like statesman are far more relevant
now to the administration than they are to Congress. Administration officials,
unlike congressmen, are more frequently mobile amateurs in government than
career professionals in politics. The patterns of power in Congress are
rigid. The patterns of power in the administration are flexible. The administration
is thus a far more sensitive register of changing currents of opinion than
is Congress. A continuous adjustment of power and authority takes place
within each administration ; major changes in the distribution of power
take place at every change of administration. The Truman Administration
represented one combination of men, interests, and experience, the Eisenhower
Administration another, and the Kennedy Administration yet a third. Each
time a new President takes office, the executive branch is invigorated
in the same way that the House of Representatives was invigorated by Henry
Clay and his western congressmen in 1811. A thousand new officials descend
on Washington, coming fresh from the people, representing the diverse force,
behind the new President, and bringing with them new demands, new ideas,
and new power. Here truly is representative government along classic lines
and of a sort which Congress has not known for decades. One key to the
"decline" of Congress lies in the defects of Congress as a representative
body.
18 Samuel P. Huntington
Structure: the Dispersion of Power in Congress
The influence of Congress in our political system thus varies directly
with its ties to the more dynamic and dominant in society. The power of
Congress also varies directly, however, with the centralization of power
in Congress. The corollary of these propositions is likewise true: centralization
of authority within Congress usually goes with close connections between
congressional leadership and major external forces and groups. The power
of the House of Representatives was at a peak in the second decade of the
nineteenth century, when power was centralized in the Speaker and when
Henry Clay and his associates represented the dynamic new forces of trans-Appalachian
nationalism. Another peak in the power of the House came during Reconstruction,
when power was centralized in Speaker Colfax and the joint Committee on
Reconstruction as spokesmen for triumphant northern Radicalism. A third
peak in the power of the House came between 1800 and 1910, when the authority
of the Speaker reached its height and Speakers Reed and Cannon reflected
the newly established forces of nationalist conservatism. The peak in Senate
power came during the post-Reconstruction period of the 1870's and 1880's.
Within Congress, power was centralized in the senatorial leaders who represented
the booming forces of the rising indus trial capitalism and the new party
machines. These were the years, as Wilfred Binkley put it, of "the Hegemony
of the Senate."
Since its first years, the twentieth century has seen no comparable centralization
of power in Congress. Instead, the dominant tendency has been toward the
dispersion of power. This leaves Congress only partially equipped to deal
with the problems of modern society. In general, the complex modern environment
requires in social and political institutions both
a high degree
of specialization and a high degree of centralized authority to coordinate
and to integrate the activities of the specialized units. "Specialization
of function and centralization of authority have been the dominant trends
of twentieth-century institutional development. Congress, however, has
adjusted only half-way. Through its committees and subcommittees it has
provided effectively for specialization, much more effectively, indeed,
than the national legislature of any other country. But it has failed to
combine increasing specialization of function with increasing centralization
of authority. Instead the central leadership in Congress has been weakened,
and as a result Congress lacks the central authority to integrate its specialized
bodies. In a "rational" bureaucracy authority varies inversely with specialization.
Within Congress authority usually varies directly with specialization.
The authority of the specialist is a distinctive function of congressional
behavior. "Specialization" is a key norm in both House and Senate. The
man who makes a career in the House, one congressman has observed "is primarily
a worker, a specialist, and a craftsman-someone who will
Congressional Responses to the Twentieth Century 19
concentrate
his energies in a particular field and gain prestige and influence In that."
" the members who are most successful," another congressman concurred,
"are those who pick a specialty or an area and become experts in it." 12
The emphasis on specialization as a norm, of course, complements the importance
of the committee as an institution. It also leads to a great stress on
reciprocity. In a bureaucracy, specialized units compete with each other
for the support of less specialized officials. In Congress, however, reciprocity
among specialists replaces coordination in Congress by generalists. When
a committee bill comes to the floor, the non-specialists in that subject
acquiesce in its passage with the unspoken but complete understanding that
they will receive similar treatment. "The traditional deference to the
authority
of one of its committees overwhelms the main body," one congressman has
observed. "The whole fabric of Congress is based on committee expertise
. . . . "13 Reciprocity thus substitutes for centralization and confirms
the diffusion of power among the committees.
The Current phase of dispersed power in Congress dates from the second
decade of this century. The turning point in the House came with the revolt
against Speaker Cannon in 1910, the removal of the Speaker from the Rules
Committee, and the loss by the Speaker of his power to appoint standing
committees. For a brief period, from 1911 to 1915, much of the Speaker's
former power was assumed by Oscar Underwood in his capacities as majority
floor leader and chairman of the Ways and Means Committee. In 1915, however,
Underwood was elected to the Senate, and the dispersion of power which
had begun with the overthrow of the Speaker rapidly accelerated.
During the first years of the Wilson Administration, authority in the Senate
was concentrated in the floor leader, John Worth Kern, a junior senator
first elected to the Senate in 1910. Under his leadership the seniority
system was bypassed, and the Senate played an active and creative role
in the remarkable legislative achievements of the Sixty-third Congress.
Conceivably the long-entrenched position of seniority could have been broken
at this point. "If the rule of 'seniority' was not destroyed in 1913,"
says Claude G. Bowers, "it was so badly shattered that it easily could
have been given the finishing stroke."14 Kern, however, was defeated for
re-election in 1916, seniority was restored to its earlier position of
eminence, and the power which Kern had temporarily centralized was again
dispersed.
Thus since 1910 in the House and since 1915 in the Senate the overall tendency
has been toward the weakening of central leadership and the strengthening
of the committees The restoration of seniority in the
12.
Clapp, op. Cit.. pp. 23-24.
13.
Clem Miller, Members of the House (New York: Scribner's, 1962),
P. 51.
14.
Claude G. Bowers, The Life of John Worth Kern (Indianapolis:
Hollenback Press, 1918), p 240.
20 Samuel P. Huntington
Senate
and its development and rigidification in the House have contributed directly
to this end. So also most of the "reforms" which have been made in the
procedures of Congress. "Since 1910" the historian of the House has observed,
"the leadership of the House has been in commission. . . . The net effect
of the various changes of the past thirty-five years in the power structure
of the House of Representatives has been to diffuse the leadership, and
to despite its risks, among a numerous body of leaders." 15 The Budget
and Accounting Act of 1921 strengthened the Appropriations Committees b
giving them exclusive authority to report appropriations, but its primary
effects were felt in the executive branch with the creation of the Bureau
of the Budget. During the 1920s power was further dispersed among the Speaker,
floor leaders, Rules, Appropriations, Ways and Means chairmen, and caucus
chairman. In the following decade political development also contributed
to the diffusion of influence when the conservative majority on the Rules
Committee broke with the administration in 1937.
The dispersion of power to the committees of Congress was intensified by
the Legislative Reorganization Act of 1946. In essence, this act was a
"Committee reorganization Act" making the committees stronger and more
effective. The reduction in the number of standing committees from eighty-one
to thirty-four increased the importance of the committee chairmanships.
Committee consolidation led to the proliferation of subcommittees, now
estimated to number over two hundred and fifty. Thus the functions of integration
and coordination which, if performed at all, would previously have been
performed by the central leadership of the two houses, have now devolved
on the leadership of the standing committees. Before the reorganization,
for instance, committee jurisdictions frequently overlapped, and the presiding
officers of the House and Senate could often influence the fate of a bill
by exercising their discretion in referring it to committee. While jurisdictional
uncertainties have not been totally eliminated, the discretion of the presiding
officers has been drastically curtailed. The committee chairman, on the
other hand, call often influence the fate of legislation by manipulating
the subcommittee structure of the committee and by, exercising his discretion
in referring bills to subcommittees. Similarly, the intention of the framers
of the Reorganization Act to reduce, if not to eliminate, the use of special
committees has had the effect of restricting the freedom of action of the
central leadership in the two houses at the same time that it confirms
the authority of the standing committees in their respective jurisdictions.
The Reorganization Act also bolstered the committees by significantly expanding
their staffs and by specifically authorizing them to exercise legislative
overseeing functions with respect to the administrative agencies in their
field of responsibility.
15. Galloway, op. cit., pp. 95, 98, 128.
Congressional Responses to the Twentieth Century 21
The Act included few provisions strengthening the central leadership of
Congress. Those which it did include usually have not operated successfully.
A proposal for party policy committees in each house was defeated in the
House of Representatives. The Senate subsequently authorized policy committees
in the Senate, but they have not been active or influential enough to affect
the legislative Process significantly. The Act's provision for a joint
Committee on the Budget which would set an appropriations ceiling by February
l5th of each year was implemented twice and then abandoned. In 1950 the
Appropriations Committees reported a consolidated supply bill which cut
the presidential estimates by two billion dollars and was approved by Congress
two months before the approval of the individual supply bills of 1949.
Specialized interests within Congress, however, objected strenuously to
the procedure, and it has not been attempted again. The net effect of the
Reorganization Act was thus to further the dispersion of power, strengthen
and to institutionalize committee authority, and to circumscribe still
more the influence of the central leadership
In the years after the Legislative Reorganization Act, the issues which
earlier had divided the central leadership and committee chairmen reappeared
in each committee in struggles between committee chairmen and subcommittees.
The chairmen attempted to maintain their own control and flexibility over
the number, nature, staff, membership, and leadership of their subcommittees.
Several of the most assertive chairmen either prevented the creation of
subcommittees or created number subcommittees without distinct legislative
jurisdictions, thereby reserving to themselves the assignment of legislation
to the subcommittees. Those who wished to limit the power of the chairman,
on the other hand, often invoked seniority as the rule to be followed in
designating subcommittee chairmen. In 1961 thirty-one of the thirty-six
standing committees the House and Senate had subcommittees and in twenty-four
the sub committees had fixed jurisdictions and significant autonomy, thus
playing a major role in the legislative process. In many committees the
sub committees go their independent way, jealously guarding their autonomy
and prerogatives against other subcommittees and their own committee chairman.
"Given an active subcommittee chairman working in a specialized field with
a staff of his own," one congressional staff member observes, "the parent
committee can do no more than change the grammar of a subcommittee report."16
Specialization of function and dispersion power, which once worked to the
benefit of the committee chairmen, no work against them.
The Speaker and the majority floor leaders are, of course, the most powerful
men in Congress, but their power is not markedly greater than
16. George Goodwin, Jr., "Subcommittees: The Miniature Legislatures of Congress", American Political Science Review, 56 (September 1962), 596-601.
22 Samuel P. Huntington
that
of many other congressional leaders. In 1959, for instance, thirteen of
nineteen committee chairmen broke with the Speaker to support the Landrurn-Griffin
bill. "This graphically illustrated the locus of power in the House," one
congressman commented. "The Speaker, unable to deliver votes, was revealed
in outline against the chairmen. This fact was not lost on Democratic Members."
17 The power base of the central leaders has tended to atrophy, caught
between the expansion of presidential authority and influence, on the one
hand, and the Institutionalization of committee authority, on the other.
At times individual central leaders have built up impressive networks of
personal influence. These, however, have been individual, not instructional,
phenomena. The ascendancy of Rayburn and Johnson during the 1950s, for
instance, tended to obscure the difference between personal influence and
institutional authority. With the departure of the Texas coalition their
personal networks collapsed. "Rayburn's personal power ,and prestige,"
observed Representative Richard Bolling, "made the institution appear to
work. When Rayburn died, the thing just fell apart." 18 Similarly, Johnson's
effectiveness as Senate leader, in the words of one of his assistants,
was "overwhelmingly a matter of personal influence. By all accounts, Johnson
was the most personal among recent leaders in his approach. For years it
was said that he talked to every Democratic senator every day. Persuasion
ranged from the awesome pyrotechnics known as 'Treatment A' to the apparently
casual but always purposeful exchange as he roamed the floor and the cloakroom."
19 When Johnson's successor was accused of failing to provide the necessary
leadership to the Senate, he defended himself on the grounds that he was
Mansfield and not Johnson. His definition of the leader's role was largely
negative: "I am neither a circus ringmaster, the master of ceremonies of
a Senate nightclub, a tamer of Senate lions, or a wheeler and dealer .
. ."20 The majority leadership role was uninstittitionalized and the kindly,
gentlemanly, easygoing qualities which Mansfield had had as Senator from
Montana were not changed when he became majority leader. The power of the
President has been institutionalized; the powers of the congressional committees
and their chairmen have-been institutionalized; but the power of the central
leaders of Congress remains personal, ad hoc, and transitory.
Function: The Shift to Oversight
The insulation of Congress from external social forces and the dispersion of power within Congress have stimulated significant changes
17.
Miller, op. Cit., p. 110.
18.
Quoted in Stewart Alsop, "The Failure of Congress," Saturday Evening Post,
236 (December 7, 1953), 21.
19.
Ralph K. Huitt, "Democratic Party Leadership in the Senate," American Political
Science Review, 55 (June 1961), 338.
20.
Congressional Record (November 27, 1963), P. 21, 758 (daily ed.).
Congressional Responses to the Twentieth Century 23
in
the functions of Congress. The congressional role in legislation has largely
been reduced to delay and amendment; congressional activity in overseeing
administration has expanded and diversified. During the Nineteenth century
Congress frequently took the legislative initiative in dealing with major
national problems. Even when the original proposal came from the President,
Congress usually played an active and positive role in reshaping the proposal
into law. "The predominant and controlling force, the center and source
of all motive and of all regulative power," Woodrow Wilson observed in
1895, "is Congress. . . . The legislature is the aggressive spirit." 21
Since 1933, however, the initiative is in formulating legislation, in assigning
legislative priorities, in arousing support for legislation, and in determining,
the final content of the legislation enacted has clearly shifted to the
executive branch. All three elements of the executive branch-President,
administration, and bureaucracy have gained legislative functions at the
expense of Congress. Today's "aggressive spirit" is clearly the executive
branch.
1908, it is reported, the Senate, in high dudgeon at the effrontery of
the Secretary of the Interior, returned to him the draft of a bill which
he had proposed, resolving to refuse any further communications from executive
officers unless they were transmitted by the President himself.22 Now,
however, congressmen expect the executive departments to present them with
bills. Eighty per cent of the bills enacted into law, one congressman has
estimated, originate in the executive branch. Indeed, in most instances
congressmen do not admit a responsibility to take legislative action except
in response to executive requests. Congress, as one senator has complained,
"has surrendered its rightful place in the leadership in the lawmaking
process to the White House. No longer is Congress the source of major legislation.
It now merely filters legislative proposals from the President, straining
out some and reluctantly letting others pass through. These days no one
expects Congress to devise the important bills." 23 The President now determines
the legislative agenda of Congress almost as thoroughly as the British
Cabinet sets the legislative agenda of Parliament. The Institutionalization
of this role was one of the more significant developments in presidential-congressional
relations after World War II.24
Congress has conceded not only the initiative in originating legislation
but-and perhaps inevitably as the result of losing the initiative--it has
also lost the dominant influence it once had in shaping the final
21.
Woodrow Wilson, Congressional Government (Boston: Houghton Mifflin Company,
pp. 11, 36.
22.
George B. Galloway, The Legislative Process in Congress (New York: Thomas
Y. Crowell, 1955), P. 9.
23.
Abraham Ribicoff, "Doesn't Congress Have Ideas of its own- Saturday Evening
Post, 237 (March 21, 1964), 6.
24.
Richard E. Neustadt. "Presidency and Legislation: Planning the President's
Program." American Political Science Review, 49 (December 1955), 980-1021.
24 Samuel P. Huntington
content of legislation. Between 1882 and 1909 Congress had a preponderant influence in shaping the content of sixteen (55 per cent) out twenty-nine major laws enacted during those years. It had a preponderant influence over seventeen (46 per cent) passed between 1910 and 1932. During the constitutional revolution of the New Deal, however, its influence declined markedly: only two (8 percent) of twenty-four major laws passed between 1910 and 1932 and were primarily the work of Congress.25 Certainly its record after World War II was little better. The loss of congressional control over the substance of policy is most marked, of course, in the area of national defense and foreign policy. At one time Congress did not hesitate to legislate the size and weapons of the armed forces. Now this power-to raise and support armies, to provide and maintain a navy-is firmly in the hands of the executive. Is Congress, one congressional committee asked plaintively in 1962, to play simply "the passive role of supine acquiescence" in executive programs or is it to be "an active participant in the determination of the direction of our defense policy?" The committee, however, already knew the answer:
In domestic legislation Congress influence is undoubtedly greater, but even here its primary impact is on the timing and details of legislation, not an the subjects, and content of legislation.To any student of government, it is eminently clear that the role of the Congress in determining national policy, defense or otherwise, has deteriorated over the years. More and more the role of Congress has come to be that of a sometimes querulous but essentially kindly uncle who complains while furiously puffing on his pipe but who finally, as everyone expects, gives in and raises his hand in blessing, hands over the allowance, grants the permission, or raises his hand in blessing and then returns to the rocking chair for another year of somnolence broken only by an occasional anxious glance down the avenue and a muttered doubt as to whether he had done the right thing.26
25.
Lawrence H. Chamberlain, The President, Congress, and Legislation
(New York: Columbia University Press, 1946), pp. 450-52.
26.
House Report 1406, Eighty-seventh Congress, Second Session (1962), P. 7.
Congressional Responses to the Twentieth Century 25
trative
processes of the executive branch. Congressional committees responded with
alacrity to the mandate of the 1946 Reorganization Act that they "exercise
continuous watchfulness" over the administration of Laws. Congressional
investigations of the bureaucracy have multiplied: each Congress during
the period between 1950 and 1962 conducted more investigations than were
conducted by all the Congresses during the nineteenth century. 27 Other
mechanisms of committee control, such as the legislative veto and committee
clearance of administrative decisions, have been increasingly employed.
"Not legislation but control of administration," as Galloway remarks, "is
becoming the primary function of the modern Congress." 28 In discharging
this function, congressmen uncover waste and abuse, push particular projects
and innovations, highlight inconsistencies, correct injustices, and compel
exposition and defense of bureaucratic decisions.
In performing these activities, Congress is acting where it is most competent
to act: it is dealing with particulars, not general policies. Unlike legislating,
these concerns are perfectly compatible with the current patterns of insulation
and dispersion. Committee specialization and committee power enhance rather
than detract from the effectiveness of the committees as administrative
overseers. In addition, as the great organized interests of society come
to be represented more directly in the bureaucracy and administration,
the role of Congress as representative of 'individual citizens becomes
all the more important. The congressman more often serves their interests
by representing them in the administrative process than in the legislative
process. As has been recognized many times the actual work of congressmen,
in practice if not in theory, is directed toward mediation between constituents
and government agencies. "The most pressing day-to-day demands for the
time of Senator or Congressmen," Hubert Humphrey has written, "are not
directly linked to legislative tasks. They come from constituents."29 One
representative has estimated that half of his own time and two-thirds of
that of his staff are devoted to constituent service.30 This appears to
be average. In performing these services congressmen are both representing
their constituents where they need to be represented and checking upon
ameliorating the impact of the federal bureaucracy. Constituent service
and legislative oversight are two sides of the same coin. Increasingly
divorced from the principal organized social forces of society, Congress
has come to play a more and more significant role as spokesman for the
interests of unorganized individuals.
27.
Galloway, op. cit., p. 166.
28.
Ibid., PP. 56-57
29.
Hubert H. Humphrey, "To Move Congress Out of Its Ruts," New York Times
Magazine (April 7, 196.1), 39
30.
Clarence D. Long, "Observations of a Freshman in Congress," New York Times
Magazine (December 1, 1963), 73.
26 Samuel P. Huntington
Adaptation or Reform
Insulation has made Congress unwilling to initiate laws. Dispersion has
made Congress unable to aggregate individual bills into a coherent legislative
program. Constituent service and administrative oversight have eaten into
the time and energy which congressmen give legislative, matters. Congress
is thus left in its legislative dilemma where the assertion of power is
almost equivalent to the obstruction of action. What are the possibilities
for institutional adaptation or institutional reform.
Living with the dilemma. Conceivably neither adaptation nor reform
is necessary. The present distribution of power and functions could continue
indefinitely. Instead of escaping from its dilemma, Congress could learn
to live with it. In each of the four institutional crises mentioned earlier,
the issue of institutional adaptation came to a head over one issue: the
presidential election of 1824, the House of Commons Reform Bill of 1932,
the Lloyd George budget of 1910, and the Supreme Court reorganization plan
of 1937. The adaptation crisis of Congress differs in that to date a constitutional
crisis between the executive branch and Congress has been avoided. Congress
has procrastinated, obstructed and watered down executive legislative proposals,
but it has also come close to the point where it no longer dares openly
to veto them. Thus the challenge which Congress poses to the executive
branch is less blatant and dramatic, but in many ways more complex, ambiguous,
and irritating, than the challenge which the Lords posed to Asquith or
the Supreme Court to Roosevelt. If Congress uses its powers to delay and
to amend with prudence and circumspection, there is no necessary reason
why it should not retain them for the indefinite future. In this case,
the legislative process in the national government would continually appear
to be on the verge of stalemate and breakdown which never quite materialize.
The supporters of Congress would continue to bemoan its decline at the
same time that its critics would continue to denounce its obstructionism.
The system would work so long as Congress stretched but did not exhaust,
the patience of the executive branch and public. If Congress, however did
reject a major administration measure, like tax reduction or civil rights,
the issue would be joined, the country would be thrown into constitutional
crisis, and the executive branch would mobilize its forces for a showdown
over the authority of Congress to veto legislation.
Reform versus adaptation: restructuring power. The resumption by Congress
of an active, positive role in the legislative process would require a
drastic restructuring of power relationships, including reversal of the
tendencies toward insulation, dispersion, and oversight. Fundamental "reforms"
would thus be required. To date two general types of proposals have been
advanced for the structural reform of Congress. Ironically, however, neither
set of proposals is likely, if enacted, to achieve the results which its
principal proponents desire. One set of reformers,
Congressional Responses to the Twentieth Century 27
"democratizers"
like Senator Clark, attack the power of the Senate "Establishment" or "Inner
Club" and urge an equalizing of power among congressmen so that a majority
of each house can work its will. These reforms stand four-square in the
Norris tradition. Dissolution of the Senate "Establishment" and other measures
of democratization, however would disperse power among still more people,
multiply the opportunistic for minority veto (by extending them to more
minorities), and thus make timely legislative action still more difficult.
The "party reformers" such as Professor James M. Burns, on the other hand,
place their reliance on presidential leadership and urge the strengthening
of the party organization in Congress to insure support by his own party
for the President measures. In actuality, however, the centralization of
power within Congress in party committees and leadership bodies would also
increase the power of Congress. It would tend to reconstitute Congress
as an effective legislative body, deprive the President of his monopoly
of the "national interest," and force him to come to terms with the centralized
congressional leadership, much as Theodore Roosevelt had to come to terms
with Speaker Cannon. Instead of strengthening presidential leadership,
the proposals of the party reformers would weaken it.
The dispersion of power in Congress has created a situation in which the
internal problem of Congress is not dictatorship but oligarchy. The only
effective alternative to oligarchy is centralized authority. Oligarches
however, are unlikely to reform themselves. In most political system centralized
power is a necessary although not sufficient condition for reform and adaptation
to environmental change. At present the central leaders of Congress are,
with rare exceptions, products of and closely identified with the committee
oligarchy.
Reform of Congress would depend upon the central leaders breaking with
the oligarchy, mobilizing majorities from younger and less influential
congressmen, and employing these majorities to expand and to institutionalize
their own power.
Centralization of power within Congress would also, in some measure, help
solve the problem of insulation. Some of Congress's insulation has been
defensive in nature, a compensation for its declining role in the legislative
process as well as a cause of that decline. Seniority, which is largely
responsible for the insulation, is a symptom of more basic institutional
needs and fears. Greater authority for the central leaders of Congress
would necessarily involve a modification of the seniority system. Conversely,
in the absence of strong central leadership, recourse to seniority is virtually
inevitable. Election of committee chairmen by the committees themselves,
by party caucuses, or by each house would stimulate antagonisms among members
and multiply the opportunities for outside forces from the executive branch
or from interest groups to influence the proceedings. Election by seniority
is, in effect, selection by heredity: power goes not to the oldest son
of the king but to the oldest child of the institution. It protects Congress
against divisive and external influ-
28 Samuel P. Huntington
ences.
It does this, however, through a purely arbitrary method which offers no
assurance that the distribution of authority in the Congress will bear
any relation to the distribution of opinion in the Country, III the rest
of the government, or within Congress itself. It purchases institutional
integrity at a high price in terms of institutional isolation. The nineteenth-century
assignment of committee positions and chairmanships by the Speaker, on
the other hand, permitted flexibility and a balancing of viewpoints from
within and without the House. External influences, however nefarious (as
the earlier remark about Blaine suggests they might be at times.), all
came to bear on the Speaker, and yet the authority which lie possessed
enabled him to play a creative political role in balancing these external
influences against the claims and viewpoints arising from within the House
and against his own personal and policy preferences. The process by which
the Speaker selected committee chairmen was not too different from the
process by which a President selects a cabinet, and it resembled rather
closely the process by which a British Prime Minister appoints a ministry
from among his colleagues in Parliament. The resumption of this power by
the Speaker in the House and its acquisition by the majority leader in
the Senate would restore to Congress a more positive role in the legislative
process and strengthen it vis-a-vis the executive branch. Paradoxically,
however, the most ardent congressional critics of executive power are also
the most strenuous opponents of centralized power in Congress.
Congressional insulation may also be weakened in other ways. The decline
in mobility between congressional leadership positions and administration
leadership positions has been counterbalanced, in some measure, by the
rise of the Senate as a source of Presidents. This is due to several causes.
The almost insoluble problems confronting state governments tarnish the
glamor and limit the, tenure of their governors. The nationalization of
communications has helped senators play a role in the news media which
is exceeded only by the President. In addition, senators, unlike governors,
can usually claim some, familiarity with the overriding problems of domestic
and foreign policy.
Senatorial insulation may also be weakened to the extent that individuals
who have made their reputations on the national scene find it feasible
and desirable to run for the Senate. It is normally assumed that too much
attention to national problems and too much neglect of state and constituency
issues complicate election or reelection to the Senate. Lucas, McFarland,
George, and Connally are cited as cases in point. Given the nationalization
of communications, however, a political leader may be able to develop greater
appeal in a local area by action on the national level than by action on
the local level. Salinger's California and Robert Kennedy's New York Senate
candidacies could mark the beginning of a new trend in American politics.
It is effective testimonial to the extent to which the President dominates
the national scene and the na
Congressional Responses to the Twentieth Century 29
tional
scene dominates the news that in 1964 Robert Kennedy would probably have
been the strongest candidate in any one of a dozen northeastern industrial
states.
Recruitment of senators from the national scene rather than from local
politics would significantly narrow the gap between Congress and the other
elements of national leadership. The "local politics" ladder to the Senate
would be replaced or supplemented by a "national politics" line in which
mobile individuals might move from the Establishment to the administration
to the Senate. This would be one important step toward breaking congressional
insulation. The end of insulation, however, would only occur if at a later
date these same individuals could freely move back from the Senate to the
administration. Mobility between Congress and the administration similar
to that which now exists between the establishment and the administration
would bring about drastic changes in American politics, not the least of
which would be a great increase in the attractiveness of running for Congress
opening up this possibility, however, depends upon the modification of
seniority, and that, in turn, depends upon the centralization of power
in Congress.
Adaptation and reform: redefining function.
A politically easier, although psychologically more difficult, way out
of Congress's dilemma involves not the reversal but the intensification
of the recent trends of congressional evolution. Congress is in a legislative
dilemma because opinion conceives of it as a legislature. If it gave up
the effort to play even a delaying role in the legislative process, it
could, quite conceivably, play a much more positive and influential role
in the political system as a whole. Representative assemblies have not
always been legislatures. They had their origins in medieval times as courts
and as councils. An assembly need not legislate to exist and to be important.
Indeed, some would argue that assemblies should not legislate. "[A] numerous
assembly," John Stuart Mill contended, "is as little fitted for the direct
business of legislation as for that of administration." 31 Representative
assemblies acquired their legislative functions in the l7th and 18th centuries;
there is no necessary reason why liberty, democracy, or constitutional
government depends upon their exercising those functions in the twentieth
century. Legislation has become much too complex politically to be effectively
handled by a representative assembly. The primary work of legislation must
be done, and increasingly is being done, by the three houses" of the executive
branch: the bureaucracy, the administration, and the President.
Far more important than the preservation of Congress as a legislative institution
is the preservation of Congress as an autonomous institution. When the
performance of one function becomes "dysfunctional" to the working of an
institution, the sensible course is to abandon it for other
31.
John Stuart Mill, "On Representative Government," Utilitarianism, Liberty,
and Representative Government (London: J. M. Dent), p. 235.
30 Samuel P. Huntington
functions.
In the 1930s, the Supreme Court was forced to surrender its function of
disallowing its national and state social legislation. Since then it has
wielded its veto on federal legislation and with only the greatest of discretion.
This loss of power, however, has been more the compensated for by its new
role in protecting civil rights and civil liberties against state action.
This is a role which neither its supporters nor its opponents in the 1930s
would have thought possible. In effect, the Court is using the great conservative
weapon of the 1930s to promote the great liberal ends of the 1960s. Such
is the way skillful leaders great institutions adapt to changing circumstances.
The redefinition of Congress's functions away from legislation would, involve,
in the first instance, a restriction of the power of Congress to delay
indefinitely presidential legislative requests. Constitutionally, Congress
would still retain its authority to approve legislation. Practically Congress
could, as Walter Lippmann and others have suggested, bind itself to approve
or disapprove urgent Presidential proposals within a time limit of, say,
three or six months. If thus compelled to choose openly, Congress, it may
be supposed, would almost invariably approve presidential requests. Its
veto power would become a reserve power like that of the Supreme Court
if not like that of the British Crown. On these "urgent" measures it would
perform a legitimizing function rather than a legislative function. At
the same time, the requirement that Congress pass or reject presidential
requests would also presumably induce executive leaders to consult with
congressional leaders in drafting such legislation. Congress would also,
of course, continue to amend and to vote freely on "non-urgent" executive
requests.
Explicit acceptance of the idea that legislation was not its primary function
would, in large part, simply be recognition of the direction which change
has already been taking. It would legitimize and expand the functions of
constituent service and administrative oversight which, in practice, already
constitute the principal work of most congressmen. Increasingly isolated
as it is from the dominant social forces in society, Congress would capitalize
on its position as the representative of the unorganized interests of individuals.
It would become a proponent of popular demands against the bureaucracy
rather than the opponent of popular demands for legislation. It would thus
continue to play a major although different role in the constitutional
system of checks and balances.
A recent survey of the functioning of legislative bodies in forty-one countries
concludes that parliaments are in general losing their initiative and power
in legislation. At the same time, however, they are gaining power in the
"control of government activity."32 Most legislatures,
32. Inter-Parliamentary Union, "Parliaments: A Comparative Study in the Structure and Function of Representative Institutions in Forty-One Countries" (New York: Frederick A. Praeger, 1963), p. 398.
Congressional Responses to the Twentieth Century 31
however,
are much less autonomous and powerful than Congress. Congress has lost
less power over legislation and gained more power over administration than
other parliaments. It is precisely this fact which gives rise to its legislative
dilemma. If Congress can generate the leadership and the will to make the
drastic changes required to reverse the toward insulation, dispersion,
and overseeing, it could still resume its legislative role in the legislative
process. If this is impossible, an alternative path is to abandon the legislative
effort and to focus upon those functions of constituent service and bureaucratic
control which insulation and dispersion do enable it to play in the national
government.