The Congressional Committee Structure

R.H. Smith Center for the Constituton
26 Feb 201611:10

Summary

TLDRThis script discusses the pivotal role of congressional committees in the U.S. legislative process. It explains the evolution from temporary select committees to permanent standing committees, emphasizing the House Ways and Means Committee's significance. The script highlights how committee chairs wield substantial power over legislation, including agenda-setting and witness selection during hearings. It also touches on how committees serve as oversight bodies, influencing bureaucracy and the executive branch. The narrative illustrates the committee's ability to stall or advance bills and the strategic maneuvering by legislators to align bills with friendly committee jurisdictions.

Takeaways

  • πŸ›οΈ Congressional committees were initially formed as select committees to process bills temporarily.
  • 🌐 Standing Committees are permanent and serve specific roles, such as the House Ways and Means Committee.
  • πŸ” Committees provide key information on public policy and act as a check against the executive branch.
  • πŸ“ Committees have jurisdiction over legislation in certain areas, which can determine a bill's fate.
  • πŸ—£οΈ Committee chairs have significant agenda-setting power, including scheduling hearings and controlling witness lists.
  • 🚫 Committees can act as 'bill graveyards', preventing unwanted legislation from advancing.
  • πŸ‘₯ Hearings are crucial for oversight and can influence the behavior of bureaucrats and the executive branch.
  • πŸ› οΈ The process of a bill in committee involves lobbying, hearings, markups, and amendments.
  • πŸ“‰ The role of committees has declined for important legislation, with parties playing a more significant role.
  • 🀝 Party leaders often lead the heavy legislative lifting, with committee involvement becoming more ceremonial.

Q & A

  • What were the initial types of congressional committees?

    -The initial types of congressional committees were select committees, which were set up to process a bill and then disbanded.

  • What is the defining characteristic of a Standing Committee?

    -A Standing Committee is a permanent committee created to serve a particular role and deal with specific issues, existing for a long period of time.

  • When was the first Standing Committee in the House of Representatives formed, and why?

    -The first Standing Committee in the House of Representatives was the House Ways and Means Committee, formed at the end of the 18th century due to the need to manage information about federal finances under the influence of Treasury Secretary Alexander Hamilton.

  • Why are congressional committees considered essential?

    -Congressional committees are essential because they provide key information about public policy and can serve as a check against the executive branch.

  • What power does the committee chair have over legislation?

    -The committee chair has agenda-setting power, deciding whether to schedule hearings, send bills to subcommittees, or let bills die without action.

  • How do committee hearings serve as an oversight mechanism?

    -Committee hearings serve as an oversight mechanism by providing opportunities to question bureaucrats and officials, which can influence how they perform their duties.

  • What is the role of the committee chair in the selection of witnesses for hearings?

    -The committee chair controls the witness list for hearings, determining who will testify and the order of their appearance.

  • Can you provide an example of how a committee chair can control a hearing?

    -An example is when Jesse Helms, as chair of the Foreign Relations Committee, scheduled a short hearing for William Weld's nomination as ambassador to Mexico, limiting the time for discussion and effectively controlling the outcome.

  • What is the importance of garnering support for a bill when it reaches a committee?

    -Garnering support for a bill is crucial as it can influence whether the bill moves forward, receives a hearing, or is amended during the markup process.

  • How does the markup phase influence a bill's progression?

    -The markup phase allows for amendments to a bill through dialogue and negotiation between majority and minority party members, which can significantly alter the bill's content and increase its chances of moving forward.

  • What has been the impact of increased partisanship on the role of committees in legislation?

    -Increased partisanship has led to a decline in the role of committees for important legislation, with party leaders taking the lead in drafting and negotiating bills, often bypassing formal committee processes.

Outlines

00:00

πŸ›οΈ Congressional Committees and Their Power

The paragraph discusses the evolution of congressional committees from select committees to standing committees, which address specific issues over a long period. It highlights the importance of standing committees in providing information on public policy and acting as a check against the executive branch. The paragraph also explains the role of committee chairs in controlling the legislative process, including scheduling hearings, selecting witnesses, and determining the fate of bills. The influence of committee chairs is underscored by their ability to act as gatekeepers for legislation, with the power to effectively kill bills by not scheduling hearings or markups. Additionally, the paragraph touches on the strategic drafting of bills to avoid unfriendly committees and the use of hearings for oversight and information gathering.

05:01

πŸ—£οΈ Committee Dynamics and the Lawmaking Process

This paragraph delves into the dynamics of committees and their impact on the lawmaking process. It describes how a bill's sponsor must lobby for support within the committee to move the bill forward. The paragraph also outlines the stages a bill goes through once it reaches a committee, including lobbying, hearings, and the markup process where amendments are discussed and voted on. The narrative includes a specific example of how the chair's control can influence a hearing, as illustrated by the nomination of William Weld as ambassador to Mexico and the tactics used by then-chair Jesse Helms to limit the hearing's effectiveness. The paragraph concludes by emphasizing the decline in the committee's role in favor of party leadership in shaping important legislation.

10:03

🀝 Party Leadership in Legislation

The final paragraph shifts focus to the role of party leadership in the legislative process, particularly for significant bills. It contrasts the traditional committee-driven approach with the current trend where party leaders, often in collaboration with the White House, spearhead the development of legislation. The paragraph suggests that while committees still play a role, especially in hearings, the substantive work on major bills is increasingly conducted by party leaders, leading to a more partisan legislative environment. This shift has implications for the transparency and bipartisanship of the lawmaking process, as noted by the paragraph's discussion of the changing nature of congressional work.

Mindmap

Keywords

πŸ’‘Select Committees

Select Committees are temporary groups formed in Congress to address specific issues or bills and then disband after completing their task. They differ from Standing Committees, which are permanent. In the script, it's mentioned that these were the initial types of committees formed in the first Congress, highlighting their historical role in the legislative process.

πŸ’‘Standing Committees

Standing Committees are permanent panels in the House and Senate that deal with specific policy areas. They are crucial for the legislative process as they provide information and oversight. The script explains that the first Standing Committee was the House Ways and Means Committee, emphasizing the long-standing nature and importance of these committees.

πŸ’‘Jurisdiction

Jurisdiction refers to the authority granted to a committee to oversee specific areas of legislation. The script mentions that if a bill relates to transportation, it will go to the Transportation Committee, showing how jurisdiction defines the scope of a committee's responsibilities.

πŸ’‘Agenda-setting power

This term describes the ability of a committee chair to control the flow of legislation by deciding what gets discussed and when. The script uses the example of a committee chair not scheduling hearings to illustrate how this power can effectively 'kill' a bill by preventing it from moving forward.

πŸ’‘Bill graveyards

Bill graveyards are committees that are known for not advancing certain types of legislation. The script explains that savvy members of Congress may draft bills to avoid the jurisdiction of committees that are likely to be unfriendly to the legislation, thus avoiding becoming a 'bill graveyard'.

πŸ’‘Hearings

Hearings are formal meetings where witnesses provide information or testimony on specific issues. The script notes that hearings are important for oversight and can be used to question bureaucrats or gain information, such as through the congressional subpoena power.

πŸ’‘Subcommittee

A Subcommittee is a smaller group within a larger committee that focuses on a specific aspect of the committee's jurisdiction. The script mentions that if a bill gets a hearing, it may then go to a Subcommittee for further discussion and potential amendments, known as a markup.

πŸ’‘Markup

Markup is the process where a bill is reviewed, discussed, and amended by a committee or subcommittee. The script describes it as a phase where dialogue and negotiation occur between members of both parties over the content of the bill.

πŸ’‘Patron or Sponsor

A patron or sponsor is a member of Congress who introduces a bill. The script explains that gaining support for a bill is a crucial step for its sponsor, who may lobby for the bill to move forward within the committee system.

πŸ’‘Partisanship

Partisanship refers to strong political loyalty to a particular party. The script discusses how the role of committees has declined in favor of party leadership in shaping important legislation, reflecting the increased importance of partisanship in the legislative process.

πŸ’‘Informal legislative process

This refers to the behind-the-scenes negotiations and discussions that occur outside of formal committee meetings. The script mentions that for significant legislation like Obamacare, much of the work was done informally by party leaders, highlighting a shift away from traditional committee-centric processes.

Highlights

Congressional committees originated as select committees in the first Congress.

The Standing Committee is a permanent committee serving a particular role and dealing with specific issues.

The House Ways and Means Committee was the first Standing Committee, formed in the late 18th century.

Committees provide key information on public policy and serve as a check against the executive branch.

Committees have jurisdiction over legislation in certain areas.

The committee chair has significant agenda-setting power.

Bills often die in committee if the chair does not schedule hearings or send them to subcommittees.

Savvy members of Congress draft bills to avoid unfriendly committee jurisdictions.

Committees hold hearings, which are important for oversight over bureaucracy and the executive branch.

The Appropriations Subcommittee's jurisdiction can influence bureaucratic behavior.

Committee chairs are the most influential in determining whether legislation reaches the floor.

The committee chair controls the witness list and the duration of hearings.

An example of a committee chair's control: Jesse Helms' handling of William Weld's nomination hearing.

Bills require support from subcommittee or committee chairs to move forward.

Most bills die in committee without a hearing.

Markup is the phase where bills are subjected to amendments and dialogue between majority and minority party members.

Conditional committee hearings are useful for uncovering information through congressional investigations.

The role of committees has declined in favor of party-led legislation for important bills.

Informal processes led by party leaders often determine the framing of important legislation.

Transcripts

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you

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congressional committees were formed

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really in the first Congress but they

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were what are called select committees

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they was set up basically to process a

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bill and then they went away okay one of

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the key institutional features of the

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House and the Senate what is the

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Standing Committee this is a committee

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that exists was created to serve a

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particular role to deal with particular

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issues it exists has existed for

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typically a long period of time the

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first Standing Committee in the House of

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Representatives was the House Ways and

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Means Committee and it was formed it was

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formed at the end of the 18th century

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was formed essentially because Congress

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recognized that there was this really

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powerful Treasury secretary Alexander

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Hamilton who had a lot of information

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and knowledge about the way in which the

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federal government was raising and

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spending its money so committees are

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essential institutions for Congress

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because they provide key information

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about public policy and in many ways

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they can serve as a check against the

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executive branch so committees are

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tremendously powerful in many cases so

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for one thing that committees have

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jurisdiction over legislation in certain

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areas so if I want to introduce a piece

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of legislation that deals with

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transportation it's going to go to the

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Transportation Committee and when it

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gets there the committee chair has a

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tremendous amount of agenda-setting

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power if the committee chair doesn't

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scheduled hearings on it or doesn't want

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it to get sent to a subcommittee it's

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going to scheduled hearings anything

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like that nine times out of ten more

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than nine times out of ten bills just

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going to die one of the the things

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committees can do is serve as bill

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graveyards for bills they don't want to

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get past and members you know especially

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savvy members of Congress will think

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about that when they're drafting a bill

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they will draft a bill in such a way as

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to try to avoid the jurisdiction of some

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committee they think will be unfriendly

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and steer it towards a committee they

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think might be more friendly even if

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that means perhaps leaving something out

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of the bill that in another world they

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would have put into the bill

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committees also of course hold hold

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hearings and those hearings are very

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important sources of oversight over the

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the bureaucracy and the executive branch

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sometimes the judiciary as well you know

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there an opportunity to threaten

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bureaucrats right so if I'm if you're

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facing especially skeptical question

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about some program and and and you

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people you're facing them from are the

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Appropriations Subcommittee that has

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jurisdiction over you maybe you back off

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because you know they control the purse

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strings and so there's a tremendous

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amount of research about the fact that

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the bureaucracy is very responsive to

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who's on the appropriations committees

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but even even short of threatening to

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pull someone's funding just the the fact

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of grilling the fact of sort of having

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to face that kind of unfriendly

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questioning can can have a significant

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effect on how people do their jobs

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committee chairs are probably the most

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influential individuals in determining

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whether or not a piece of legislation is

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going to make it to the floor or not the

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committee chair is selected by the

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majority party that the two parties have

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slightly different procedures for how

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they choose their chairs but generally

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speaking they're looking for people who

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have long-standing service on that

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committee for people who are loyal

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partisans people who are willing to toe

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the party line people who the leadership

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of the chamber can work with and those

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individuals then will receive pieces of

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legislation that have been sent there by

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the Speaker of the House to be processed

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in that committee and it is entirely up

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to the chair of that committee which

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pieces of legislation he or she would

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like to schedule it is entirely up to

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the chair how long those hearings will

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be scheduled if there is going to be a

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hearing the chair controls the witness

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list and the majority party will always

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have significantly greater numbers of

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witnesses than the minority party I've

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been to hearings where there are six

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people on the panel five of them are

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majority witnesses and then there's the

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one person at the end who's like well I

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disagree and that's the minority parties

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witness all of the scheduling all of the

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selection of people to participate in

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those hearings all of that is handled

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through the committee chair

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in the late 1990s President Clinton

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nominated william weld who was the

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former governor of massachusetts to

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serve as ambassador to Mexico and at the

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time the Foreign Relations Committee was

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being chaired by jesse helms and Jesse

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Helms was a Republican of course bill

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weld was also a Republican but he was a

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liberal Republican he was a

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Massachusetts Republican Jesse Helms was

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adamantly opposed to William welds

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nomination to be ambassador to Mexico

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and he absolutely was refusing to hold a

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hearing the time the ranking member on

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the committee was Jill Biden Biden and

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the other members of the committee used

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a procedure to in essence forced the

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committee chair to hold a hearing on

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governor welds nomination so Jesse Helms

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recognizes that he's lost basically

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because parliamentary procedure required

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him to do this he agrees to hold the

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hearing it's scheduled for you know noon

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on Tuesday the hearing opens he gavels

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it open he says we're having this

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hearing on governor william weld to be

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ambassador to Mexico the hearing will

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conclude at twelve-thirty he then

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proceeded to make opening remarks of

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approximately 27 minutes at which time

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he turned to ranking member Biden and

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said would you like to add anything

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myton started to speak helm said oh look

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at the time and he gabbled it closed and

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that was the hearing on bill weld and

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it's an example of the extent to which

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the chair of the committee has absolute

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control over whether a hearing is

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scheduled and then even if he's forced

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to hold a hearing on what the timing and

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the pacing and ultimately the outcome of

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that hearing is going to be let's talk

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about what could happen to a bill when

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it gets to a committee because this is

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pretty essential to understanding the

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lawmaking process each bill has a patron

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or a sponsor and one of the important

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tactical steps that an advocate or a

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sponsor for a bill must do is to garner

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support for that bill all right so when

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a bill goes to committee it's not

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uncommon for the sponsor of that bill

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to begin to lobby for the bill to move

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forward assuming that they really

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genuinely are interested in moving the

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bill in some cases members of Congress

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will sponsor bills as a favor

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essentially as an acknowledgement to a

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constituent or to a contributor or to a

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party and they really are not all that

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interested in necessarily moving the

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bill in which case they basically let

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the bill sit they take credit for the

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fact that they've introduced a bill but

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they're not going to work all that hard

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to get it passed through the committee

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most bills in committee die right there

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in committee they don't get very far

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it's absolutely crucial if a bill is

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going to move forward to gain the

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support of either the subcommittee chair

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which has control over the bill or the

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committee chair that's absolutely

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crucial because they're going to decide

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first of all whether there should be any

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hearings on the bill where you bring

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people in experts from executive

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agencies or lobbying groups or citizens

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or industry officials to come in and

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discuss the content of the bill this is

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a fundamental step and deliberating most

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bills never get a hearing okay they just

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sit there but if a bill gets a hearing

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or a series of hearings that's a way in

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which the committee can become informed

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about the potential effects of the bill

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assuming the bill gets a vote in a

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subcommittee it goes to what's called a

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markup and so the bill at that point is

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subjected to amendments in here

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interestingly enough the minority

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minority party members of bill and

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majority party members of the bill

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actually engage in quite a bit of

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dialogue and quite a bit of give and

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take over whether or not to add

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something or take something out of a

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bill in the form of an amendment we call

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that a markup and so if the bill gets

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through the markup phase from the

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subcommittee into the committee it has a

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much greater chance of moving forward

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and getting to the full house but then

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there's also just the actual information

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forcing function right there have been

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plenty of really important issues in

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American history where a lot of

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information has come out about them that

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would not otherwise have come out as a

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result of congressional investigations

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as a result of the use of the

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congressional subpoena power the ability

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to call witnesses the

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it sort of staff that's dedicated to

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ferreting out this this information so

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so conditional committee hearings have

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been tremendously useful in that regard

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so they I think they can be used in a

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lot of different ways as a partisan

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cudgel as a sort of bipartisan or non

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partisan attempt to actually learn more

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about an issue or more frequently both

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of the above right so you know often

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people whose ox is getting gored will

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say that a committee is is just a bunch

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of partisan hacks and the people who are

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who are conducting the hearings will say

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no no we're impartial fact finders and

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they're probably somewhere right in the

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middle increasingly the role of the

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committee has declined for important

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legislation in the role of party has

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risen and so if we look at important

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legislation over the last decade like

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the Obamacare bill you know really the

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the committee's were involved in we're

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involved in and hearings and the chairs

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of the committee's and the maybe the

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chairs of the subcommittee's were part

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of the partisan teams that would work

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with the White House and the speaker and

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the majority leader to negotiate the

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framing of the bill but most of the

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heavy legislative lifting was done

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informally through a process that was

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led by the the party leaders in both

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chambers and so and you know members of

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Congress complain about this especially

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the junior members who are who are cut

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out of this process but nonetheless I

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think because of the heightened partisan

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world in which we're living right now

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important legislation whether it be you

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know health care or foreign policy or or

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whatever gets really worked on by by

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party committees led by the party

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leaders and then bills brought to the

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floor may be formally having gone to

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committees but the important work having

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been done by the parties

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you

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