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Why No One Reads The Bills
Following up on yesterday's post about Representative Slaughter's new report (PDF) on corruption and abuses of power by the House Republicans, today's post draws on another chart from the same report. This time, our subject is the tactic of demanding the votes be held on conference reports almost immediately after the reports have been issued. The abuse of the conference committee process itself is a complicated subject that will need to be left for another day.For today's purposes all that really needs to be said about that is that conference reports are often sharply different from the bills that were originally passed by either the Senate or the House of Representatives. GOP legislative staffers have, moreover, developed a habit of interjecting certain wholly novel provisions into legislation during the conference process. The resulting bills also tend, as the graphic should make clear, to be very long. Under the circumstances, minimal concern for democracy and good government would suggest that members should be given a sufficient amount of time for the reports to be analyzed by staff and outside groups before they need to cast a vote. Ideally, one would allow the contents of a bill to be digested by those with the requisite expertise in policy and legislative language, and then with that done allow members of the public and interested parties to debate the merits of the legislation. Members, too, would debate the legislation as more information becomes known. Then a vote would be held under circumstances such that members of congress and their constituents can know what's being voted on.
Clearly, at times it's necessary to put a premium on speed and it may not be possible to discuss everything in as leisurely a fashion as one might like. Looking at the legislation in question, however, it's clear that such pressing emergencies rarely account for the extraordinarily short intervals that are being permitted. Instead, the basic intention here is to shield legislative activity from public scrutiny so that influential members can get away with various misdeeds motivated by self-interest or narrow interest group politics that might be extremely unpopular if they saw the light of day. It's not a practice that can be said to advance conservatism, as such, in any substantial way. Rather, it is designed merely to facilitate corruption and abuse of power, along with providing a certain level of partisan advantage while enhancing the power of the congressional leadership to discipline members of the Republican caucus by making them increasingly dependent on the whims of conferees.
March 10, 2005 | Permalink
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» Who has time to read these days? from New World Man - learning to match the beat
Matthew Yglesias posts about the drastically short time intervals between when bills come out of conference committee and their passage on the House floor. Under the circumstances, minimal concern for democracy and good government would suggest that me... [Read More]
Tracked on Mar 10, 2005 5:12:18 PM
» Who has time to read these days? from New World Man - learning to match the beat
Matthew Yglesias posts about the drastically short time intervals between when bills come out of conference committee and their passage on the House floor. Under the circumstances, minimal concern for democracy and good government would suggest that me... [Read More]
Tracked on Mar 10, 2005 5:15:18 PM
» Read the Laws from The Agitator
Matt Yglesias posts a chart of major pieces of legislation Congress has voted on recently, and how much time they... [Read More]
Tracked on Mar 10, 2005 10:07:47 PM
» Legislative Productivity from Anomaly UK
The legislative sprint is anti-democratic in another way. Because Parliament as a whole is trying to pass as many laws as it can, any attempt to modify a bill is resisted, not just by those who actively support the particular bill, but by the others wh... [Read More]
Tracked on Mar 11, 2005 4:53:57 AM
» Read the laws from In the Agora
Matt Yglesias offers a depressing chart on recent pieces of legislation and the amount of time legislators were given to read them. On average legislators are given one hour to read every 89.61 pages of law. That includes time to... [Read More]
Tracked on Mar 11, 2005 8:19:46 AM
» Due Diligence: Legislature Edition from Mises Economics Blog
Read the Laws:Matt Yglesias posts a chart of major pieces of legislation Congress has voted on recently, and how much time they were given to read it between introduction of the final bill and the vote. Add 'em up and... [Read More]
Tracked on Mar 11, 2005 6:00:28 PM
» Due Diligence: Legislature Edition from Mises Economics Blog
Read the Laws:Matt Yglesias posts a chart of major pieces of legislation Congress has voted on recently, and how much time they were given to read it between introduction of the final bill and the vote. Add 'em up and... [Read More]
Tracked on Mar 11, 2005 6:02:40 PM
Comments
Good post.
Similarly, I recommend a close following of ALL committee meetings related to the FY 2006 budget scoring. A lot of cover, I agree. The CSPAN coverage thus far reveals this to be one of the most interesting political developments in some time.
Expect surprises, fireworks, and the occasional slight of hand maneuver.
The FY 2006 budget may be THE story for 2005. At issue are the caps and rollbacks for program elements for the next five years.
Posted by: Movie Guy | Mar 10, 2005 1:13:13 PM
But they've aaaaaaaaallllllll been corrupt!
No fair!
Clinton did it!
CLLLLLLLLEEEEEEEEEEENNNNNNNNNIIIIIIISSSSSSS!!!!!
Posted by: Barry | Mar 10, 2005 1:19:39 PM
"But they've aaaaaaaaallllllll been corrupt!"
Of course, when you actualy look at the record, it turns out that the occasional isolated abuse by the old Democratic majority, has turned into the routine practice of the current Republican majority.
Posted by: rea | Mar 10, 2005 1:23:41 PM
I wonder how long people will tolerate a system in which the most corrupted groups win.
Probably a very long time.
Posted by: Matt G. | Mar 10, 2005 1:36:58 PM
Only 30 more years until Republicans get even with the 40 years of Democrat abuse. Then we can talk about fair rules...
Posted by: Al | Mar 10, 2005 1:47:14 PM
This is reason number 6,847 that Scalia is spot on in his disparagement of judges' reliance on legislative history.
And Al, no one will ever confuse me with a Democrat, and I fully agree that the Democrats egregiously abused their power, but the Republicans clearly have behaved far worse.
Posted by: ostap | Mar 10, 2005 2:09:55 PM
I agree.
Posted by: Brett Bellmore | Mar 10, 2005 2:32:05 PM
actually, al and ostap, perhaps you could make clear exactly what all these supposed "egregious" abuses of power were by the Dems - i'd be fascinated to know.
And no, check kiting isn't equal to the kind of shit that is being pulled routinely nowadays.
Meanwhile, as Matthew noted yesterday, how is it that joe lieberman doesn't understand the abuse of conference committee that has become routine on bills that are important to the backbone administration? my theory? he's an idiot.
Posted by: howard | Mar 10, 2005 3:27:40 PM
Al's middle name is TuQuoque
Posted by: cleek | Mar 10, 2005 3:32:55 PM
How do quick votes hide misdeeds from the light of day? There is plenty of time to examine the bills after they have been passed and use any unpopular provisions against the representatives who voted for them.
Posted by: James B. Shearer | Mar 10, 2005 3:51:49 PM
They padded the H.R. 4520 report by 3 pages; my copy only has 818 (counting the TOC).
Posted by: Ugh | Mar 10, 2005 4:36:51 PM
Posting Bills
One proposal is that the Senate and House REQUIRE that a bill and any amendments be posted on the Internet for, (say) 7 days before thay are voted on, either by the whole body or by individual committee's unless there is a well defined procedure for declearing that the bill is a TIME CRITICAL BILL, and that any representative who votes for such an over-ride be fined (say) $1,000 for such a vote.
We NEED some way that we of the Blogospere, or other indepenent groups can see and analysize bills and ammendments rather than having them approved before analysis
Posted by: MIke Liveright | Mar 10, 2005 4:37:07 PM
One proposal is that the Senate and House REQUIRE that a bill and any amendments be posted on the Internet for, (say) 7 days before thay are voted on, either by the whole body or by individual committee's unless there is a well defined procedure for declearing that the bill is a TIME CRITICAL BILL, and that any representative who votes for such an over-ride be fined (say) $1,000 for such a vote.
Hmm. In order to be effective, you need it to be a Constitutional Amendment. Probably better for it just to specify that the bill be "published", as it is to be voted on, at least 1 week prior to a vote on final passage than to specify the form of publication, and providing that a supermajority of, say, 2/3 can vote to override that for "urgency" legislation which must sunset within at most 1 year of passage unless passed again by the regular procedure.
Posted by: cmdicely | Mar 10, 2005 4:48:24 PM
"How do quick votes hide misdeeds from the light of day? There is plenty of time to examine the bills after they have been passed and use any unpopular provisions against the representatives who voted for them."
Ah, but can you use those unpopular provisions against the representatives who voted for them, if they can credibly deny having known those provisions were in the bill? The point isn't just that the vote was too quick for US to know what was being voted on; It's too quick for THEM to know, either!
This is a way for the legislative elite, the leadership and their cronies, to get measures passed that the majority in Congress would oppose. Do they care that this puts the majority in hot water with their constituents? Not really; They're either in safe seats, or pushing something that's locally popular, so it's no skin off their noses. Meanwhile, the majority is somewhat insulated from the consequences because they can plausibly claim that they were hoodwinked, too.
Mike, great idea: I'd suggest that the "time critical" bills simply require a supermajority to pass. If you can't get 60% of the legislature to agree that something is an emergency, then it's NOT an emergency.
Posted by: Brett Bellmore | Mar 10, 2005 4:49:13 PM
i do enjoy those rare moments when i can say: brett bellmore is completely right in his 4:49 posting.
Posted by: howard | Mar 10, 2005 5:08:29 PM
Yes, it's so seldom that I post at exactly 4:49. ;)
Seriously, I've never encountered ANYONE who thinks the practice of forcing votes on legislation before the text of it has been made available is anything less than an outrage. The problem is, how to do anything about it? To be truly effective, a reform would pretty much have to be in the form of a constitutional amendment, not an easy task. Indeed, since they're already ignoring such constitutional mandates as the quorum requirement, you'd probably have to include a clause in the amendment stating that it was "judiciable".
And then you'd have to get it through Congress. Despite the fact that it ran contrary to the interests of the Congressional leadership of both parties.
It's times like these I start to think that a constitutional convention might be worth risking.
Posted by: Brett Bellmore | Mar 10, 2005 6:07:22 PM
Seriously, I've never encountered ANYONE who thinks the practice of forcing votes on legislation before the text of it has been made available is anything less than an outrage.
While I agree, there's a real question of how much time is "enough." Big bills like those in the chart can contain hundreds of provisions that read like this:
section 864 is amended by striking the word "and" from the second sentence and inserting the word "or".
Well, great. Does anyone have any idea of the substantive effect of that provision by just reading the text of the bill? No, unless you're an expert on the law that's being amended by the change from and to or. Chances are, most congressmen are not. In fact chances are, most or all of their staff are not. So, even if seven days were given to digest such a bill, it's likely still not enough, but better than the current system.
And yes the conference report contains an explanation of the provisions of the bill, but in such huge bills it often amounts to not much more than a summary of the bill.
Posted by: Ugh | Mar 10, 2005 6:24:44 PM
If a representative claims he didn't know what was in the bill he voted for and would have voted against it if he had known you ridicule him. Perhaps he could get away with this excuse once but if it happens several times it makes a nice attack ad ("Doesn't our district deserve a representative who can read?").
If representatives are truly uncomfortable voting on short notice they can always vote no. The Republican majority in the House is not so big that the leadership can afford to anger any great number of Republicans by tricking them into voting for legislation that they would have opposed if they had known what it actually said and I doubt this happens much.
Posted by: James B. Shearer | Mar 10, 2005 8:26:29 PM
"If representatives are truly uncomfortable voting on short notice they can always vote no. "
Wow. And I thought Democrats regarded "shutting down the government" as a bad thing. Hell, if they start voting down those last minute "omnibus" appropriations bills just because they're not given time to read them, I might have to start voting Democratic.
Posted by: Brett Bellmore | Mar 10, 2005 9:11:55 PM
DownsizeDC.org is planning a campaign called "Make Congress read the laws it passes." More information at:
http://www.downsizedc.org/read_the_laws.shtml
Listen to Jim Babka (of DownsizeDC.org) describe the campaign to Wisconsin Public Radio's Ben Merens here:
http://clipcast.wpr.org:8080/ramgen/wpr/bme/bme050309m.rm
Posted by: Chris Monnier | Mar 10, 2005 10:23:27 PM
Seriously, I've never encountered ANYONE who thinks the practice of forcing votes on legislation before the text of it has been made available is anything less than an outrage.
BULLSH*T! As if congressmen ever read the bills anyway. Everything has ALWAYS been done through majority rule, and like it or not the American people have rejected the Democrats. All they can do now is cry about window dressing.
The only way the GOP would be antidemocratic after fairly winning a majority is if they DIDN'T use every legal tactic available to them to reverse the past forty years of Democrat corruption. That's why this entire "scandal" is a f*cking joke. And if so-called "conservatives" like Ostap and Brett Bellmore won't acknowledge that, they are not to be taken seriously.
Posted by: Al | Mar 10, 2005 11:38:10 PM
Al, this may be among the most foolish things you've ever written (indeed, perhaps it is a fake al). it would be a waste of our time to deal with the bulk of your empty comments, but really, we are waiting with bated breath: provide us one frickin' example of this massive 40-year pattern of corruption you have fantasized into existence (and just to set the ground rules: a.) check kiting is nowhere close enough to serious to count; b.) individual misbehavior doesn't count. what you're claiming is majority party authoritarianism and ocrruption that exceed what has been going on over the past 10 years. prove it.
Posted by: howard | Mar 11, 2005 12:29:06 AM
To be truly effective, a reform would pretty much have to be in the form of a constitutional amendment, not an easy task. Indeed, since they're already ignoring such constitutional mandates as the quorum requirement, you'd probably have to include a clause in the amendment stating that it was "judiciable".
Or, better, "...no purported act of Congress made in violation of this article shall have any force or effect or be binding on any party whatsoever."
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