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Comity in Context: Confrontation in Historical Perspective

Published online by Cambridge University Press:  27 January 2009

Extract

Comity in Congress is adherence to the norms of courtesy and reciprocity within a ‘regular order’. There has been a decline of comity in the United States Congress since the 1970s. Institutional causes, such as legislative reform, increased reliance on the media and an influx of new members, are discussed and discarded. Instead, a societal explanation appears to be more useful: the decline of comity in the Congress reflects the decline of comity in the country. A comparison of the late twentieth century with the pre-Civil War era supports this general argument. It also offers little hope for the return of civility.

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Articles
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Copyright © Cambridge University Press 1991

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62 Quoted in Haynes, George H., The Senate of the United States, Vol. 2 (New York: Russell and Russell, 1960), p. 1068.Google Scholar Originally published in 1938.

63 Incidents not otherwise cited were gathered from compilations by the Historians of the House of Representatives (Raymond Smock) and of the Senate (Richard Baker). These compilations also form the basis for Table 1. See US House of Representatives Office for the Bicentennial, Aggressive and Violent ActsGoogle Scholar (Washington: n. d.) and Senate Historical Office, Breaches of Comity in the Senate Chamber (29 07 1988).Google Scholar

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67 This account draws upon Gienapp, William E., The Origins of the Republican Party (New York: Oxford University Press, 1987)Google Scholar: Donald, David, Charles Simmer and the Coming of the Civil War (New York: Alfred A. Knopf, 1967)Google Scholar; and Potter, David M., The Impending Crisis, completed and edited by Fehrenbacher, Donald E. (New York: Harper and Row, 1976).Google Scholar The quotations from the Sumner speech below are taken from Donald, , Charles Sunmer and the Coming of the Civil War, pp. 286 and 287Google Scholar, and from Potter, , The Impending Crisis, p. 209.Google Scholar

68 Potter, , The Impending Crisis, p. 221Google Scholar; and Senate Historical Office, Breaches of Comity in the Senate Chamber (29 06 1988).Google Scholar The incident involved Tillman and McLaurin (see fn. 65 above).

69 Potter, , The Impending Crisis, p. 67.Google Scholar

70 Yarwood, Dean L., ‘Norm Observance and Legislative Integration: The US Senate in 1850 and 1860’, Social Science Quarterly, 51 (1970), 5769.Google Scholar The relative size of groups of co-operators and defectors is the determining element in the norm enforcement models of Axelrod and Frank. See Axelrod, Robert, ‘An Evolutionary Approach to Norms’, American Political Science Review, 80 (1986), 1095–111CrossRefGoogle Scholar; and Frank, Robert H., Passions Within Reason (New York: W. W. Norton, 1988).Google Scholar

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72 Nichols, Roy Franklin, The Disruption of American Democracy (New York: Collier, 1962 (1st edn. 1948)), p. 20.Google Scholar See also Wiebe, Robert H., The Opening of American Society (New York: Alfred A. Knopf, 1984), pp. 328–9.Google Scholar

73 Morison, Samuel Eliot, The Oxford History of the American People (New York: Oxford University Press, 1965), p. 574Google Scholar; and Wiebe, , The Opening of American Society, p. 323.Google Scholar

74 Schattschneider, E. E., The Semisovereign People (New York: Holt, Rinehart and Winston, 1960).Google Scholar

75 Nichols, , The Disruption of American Democracy, p. 21Google Scholar; Potter, , The Impending Crisis, p. 329Google Scholar; and Kleppner, Paul, The Third Electoral System (Chapel Hill: University of North Carolina Press, 1979), p. 66.Google Scholar

76 Silbey, Joel H., The Partisan Imperative: The Dynamics of American Politics Before the Civil War (New York: Oxford University Press, 1985), pp. 71, 78Google Scholar, cf. Silbey, , ‘The Surge of Republican Power: Partisan Antipathy, American Social Conflict, and the Coming of Civil War’, in Maizlish, Stephen E. and Kushma, John J., eds, Essays on American Antebellum Politics, 1840–1860 (College Station: Texas A&M University Press, 1982), pp. 199229.Google Scholar

77 Wiebe, , The Opening of American Society, p. 324Google Scholar; and McCormick, , The Parly Period and Public Policy, p. 216.Google Scholar

78 McCormick, , The Party Period and Public Policy, p. 164Google Scholar; Gienapp, , ‘Politics Seem to Enter into Everything: Political Culture in the North, 1840–1860’Google Scholar, in Maizlish, and Kushma, , eds, Essays on American Antebellum Politics, 1840–1860, pp. 1569, esp. p. 48Google Scholar; and Nichols, , The Disruption of American Democracy, pp. 20, 253.Google Scholar This is the majority viewpoint among historians. For a very different perspective, arguing that parties were vibrant, very cohesive, strongly ideological and marked by a cohesive social network that extended across every level of government (down to volunteer fire departments), see Silbey, , The Partisan Imperative.Google Scholar Silbey presents a strong party system at every level, including legislative voting in Congress, party programs and consistent voting across elections by citizens.

79 Potter, , The Impending Crisis, p. 77Google Scholar; Donald, , Lincoln Reconsidered, 2nd edn (New York: Vintage, 1956), p. 228Google Scholar; and Wiebe, , The Opening of American Society, p. 349–51.Google Scholar

80 This section draws heavily, both with and without citations, upon McCormick, , The Party Period and Public Policy, pp. 201–16.Google Scholar

81 McCormick, , The Party Period and Public Policy, p. 210.Google Scholar

82 See Weingast, Barry, ‘A Rational Choice Approach to Congressional Norms’, American Journal of Political Science, 23 (1979), 245–62.CrossRefGoogle Scholar

83 McCormick, , The Party System and Public Policy, pp. 209, 211, 207.Google Scholar

84 Brady, , Critical Elections and Congressional Policy-Making, p. 39.Google Scholar

85 Ginsberg, Benjamin, ‘Critical Elections and the Substance of Party Conflict’, American Journal of Political Science, 16 (1972), 603–25Google Scholar; Brady, , Critical Elections and Congressional Policy-Making, p. 45Google Scholar; and Bogue, , The Congressman's Civil War, p. 16.Google Scholar See the results of an unpublished study by Alexander, Thomas B., ‘The Dimensions of Voter Partisan Consistency in Presidential Elections from 1840 to 1860’ (presented as part of the Walter Prescott Webb Lecture Series, University of Texas – Arlington, 1981Google Scholar; cited in Silbey, , The Partisan imperative, p. 93).Google Scholar The Study concludes that about 90 per cent of voters stayed with the same party from one presidential election to the next from 1836 to 1860. More generally, Polsby, (‘The Institutionalization of the US House of Representatives’, p. 168)Google Scholar finds little in common between the mid-nineteenth and mid-twentieth centuries. The latter is norm-driven, the former was not. To be sure, the nastiness that occurred after Polsby wrote is of a different order of magnitude than one finds in the contemporary Congress, but norm disruption hardly requires what he called an ‘era of guns and dogs, canings and fisticuffs’.

86 Silbey, , The Partisan Imperative, pp. 99100.Google Scholar

87 Cf. Silbey, , The Partisan Imperative, pp. 3940Google Scholar with Rohde, ‘Something's Happening Here’.Google Scholar

88 Alternatively, one could argue that the current woes began with the McCarthy era of the late 1940s and early 1950s. However passionate the arguments were over communism, they did not constitute a mass movement as did the civil rights crusade.

89 Edward G. Carmines and James A. Stimson do argue that there has been a major shift in American politics based upon race, but they deny that this has been a realignment as we have traditionally discussed it. See their Issue Evolution (Princeton, NJ: Princeton University Press, 1989).Google Scholar If they are correct, the transformation would be unique simply because it has not dominated public discourse. It is far from clear, however, that anything like a realignment has occurred.

90 The era preceding the 1896 realignment is marked (see Table 1) by a slight blip in the number of breaches of comity. More critically, it was a period of large-scale obstructionism within Congress. See Strahan, Randall, ‘Reed and Rostenkowski: Congressional Leadership in Institutional Time’ (paper presented at the Conference on ‘Back to the Future: The United States Congress in the Twenty-First Century’, Carl Albert Congressional Research Center, University of Oklahoma, 1990).Google Scholar The decade preceding this realignment had an all-time high number of contested elections; see Polsby, , ‘The Institutionalization of the US House of Representatives’, p. 164.Google Scholar I have not yet investigated this era in any depth. On the other hand, the period leading up to the 1930s realignment does not appear to be quite so contentious, most likely because the political transformation was so massive and so swift (see the text below). There were relatively few contested elections in the decade preceding this realignment.

91 For an explicit comparison, albeit a not very balanced one, see Krieger, Joel, Reagan, Thatcher and the Politics of Decline (New York: Oxford University Press, 1986).Google Scholar A better treatment of Thatcher's norm-busting is Hall, Peter, Governing the Economy (New York: Oxford University Press, 1986), pp. 126–32.Google Scholar On norms in the British system, see Searing, Donald, ‘Rules of the Game in Britain: Can Politicians Be Trusted?American Political Science Review, 76 (1982), 239–58.CrossRefGoogle Scholar In the House of Commons, standing orders to punish members for violations of order were employed nineteen times between 1945 and 1979, but fourteen times between 1979 and 1983 and eight times between June 1983 and February 1985. See Judge, David, ‘Disorder in the House of Commons’, Public Law (1985), 368–76 (especially p. 370)Google Scholar, for an analysis of Britain that parallels mine for the United States.

92 Lewis, Paul, ‘As Protest Turns Ugly, Cherchez le Provacateur’, New York Times, 12 12 1986, p. A4.Google Scholar

93 See Inglehart, Ronald, The Silent Revolution (Princeton, NJ: Princeton University Press, 1971)Google Scholar; and Kitschelt, Herbert P., ‘Structures and Sequences of Nuclear Energy Policy-Making’, in Epping-Andersen, Gosta and Friedlander, Roger, eds, Political Power and Social Theory (New York: JAI Press, 1982), pp. 271308.Google Scholar

94 For the utility of a cultural thesis, see Uslaner, , Shale Barrel PoliticsGoogle Scholar, especially chap. 7. While I do not think that institutional accounts will take us very far, I do not dismiss any role for institutions. After all, in the contemporary American context, the extent (higher) and direction (less partisan) of rancour in the Senate differs from that in the House. Overall, however, this is a matter of degree rather than of kind.