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Why Executive-Legislative Conflict in the United States is Dwindling

Published online by Cambridge University Press:  27 January 2009

Extract

An examination of executive-legislative conflict occurring in US congressional committees between 1947 and 1990 reveals that, despite current concerns of gridlock, the overall level of conflict declined during this period. There are two structural sources of inter-branch conflict – constituent and partisan. The constituent basis for conflict in the United States is rooted in the differing manner in which members of the two branches are elected. Because the executive has a national constituency, it is primarily concerned with matters of national policy. Members of Congress, who have smaller, more homogeneous constituencies, are more concerned with the geographically distributive effects of these policies. The authors' evidence suggests that conflict between the executive and legislative in the United States is greatest on issues that are of both national and distributive significance. The partisan basis for conflict, long established in the House and increasingly visible in the Senate, is reinforced by competitive political contests. Yet conflict between members of Congress and executive officials of the opposite party did not increase between 1947 and 1990. And conflict with executive officials of the same party declined, producing an overall drop in executive-legislative conflict.

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Articles
Copyright
Copyright © Cambridge University Press 1994

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References

1 On these themes, see Sundquist, James L., Constitutional Reform and Effective Government (Washington, DC: The Brookings Institution, 1986)Google Scholar; Chubb, John E. and Peterson, Paul E., eds, Can the Government Govern? (Washington, DC: The Brookings Institution, 1989)Google Scholar; Ginsberg, Benjamin and Shefter, Martin, ‘Political Parties, Electoral Conflict and Institutional Combat’ (paper prepared for the 1988 Annual Meeting of the American Political Science Association)Google Scholar; Ginsberg, Benjamin and Shefter, Martin, Politics by Other Means (New York: Basic Books, 1990)Google Scholar; Lowi, Theodore J., The Personal President: Power Invested, Promise Unfulfilled (Ithaca, NY: Cornell University Press, 1985)Google Scholar; Cox, Gary W. and Kernell, Samuel, eds, The Politics of Divided Government (Boulder, Colo.: Westview, 1991)Google Scholar; and Blechman, Barry M., The Politics of National Security: Congress and US Defense Policy (New York: Oxford University Press, 1990).Google Scholar

2 Corwin, Edward S., The President: Office and Powers, 1787–1957, 4th revd edn (New York: University Press, 1957), p. 171.Google Scholar

3 The Federalist Papers (New York: Mentor Books, 1961), No. 51, pp. 321–2.Google Scholar

4 Federalist Papers, No. 49, pp. 316–17.Google Scholar

5 On differences among geographic, partisan and personal constituencies, see Fenno, Richard Jr, Home Style: House Members in their Districts (Boston, Mass.: Little, Brown, 1978).Google Scholar

6 Weaver, R. Kent, ‘Are Parliamentary Systems Better?’, Brookings Review, 3 (Summer 1985), 1625CrossRefGoogle Scholar; Mayhew, David, Divided We Govern (New Haven, Conn.: Yale University Press, 1991).Google Scholar

7 Important contributions to this literature include Wahlke, John C. and Eulau, Heinz, Legislative Behavior: A Reader in Theory and Research (Glencoe, Ill.: Free Press, 1959)Google Scholar; Clausen, A. R., How Congressmen Decide: A Policy Focus (New York: St. Martin's Press, 1973)Google Scholar; Bond, Jon R. and Fleisher, Richard, The President in the Legislative Arena (Chicago: University of Chicago Press, 1990)Google Scholar; Edwards, George C. III, At the Margins: Presidential Leadership of Congress (New Haven, Conn.: Yale University Press, 1989).Google Scholar

8 Wildavsky, Aaron, ‘The Two Presidencies’, Trans-Action, Vol. IV, 12 1966.Google Scholar

9 Oldfield, Duane M. and Wildavsky, Aaron, ‘Reconsidering the Two Presidencies’, Society (07/08 1989).CrossRefGoogle Scholar

10 Contributions to the controversy have been collected together in Shull, Steven A., ed., The Two Presidencies: A Quarter Century Assessment (Chicago: Nelson-Hall, 1991).Google Scholar

11 This point has recently been made by Rohde, David W., ‘Partisanship and Congregational Assertiveness in Foreign and Defense Policy’ (paper prepared for the conference on the Politics of American Foreign Policy sponsored by the Thomas P. O'Neill Symposium in American Politics, Boston College, 04 1992).Google Scholar

12 For a more detailed discussion of the methodology see the appendix.

13 In Roger Davidson's words: ‘On Capitol Hill, the center stage of policy making is held by the committees and subcommittees. They are the political nerve ends, the gatherers of information, the sifters of alternatives, the refiners of legislative detail. “It is not far from the truth to say”, wrote Woodrow Wilson in 1885, “that Congress in session is Congress on public exhibition, whilst Congress in its committee-room is Congress at work.”’ ‘Subcommittee Government: New Channels for Policy Making’, in Mann, Thomas and Ornstein, Norman, eds, The New Congress (Washington, DC: American Enterprise Institute, 1981), p. 99.Google Scholar

Hearings are available for public examination in libraries throughout the United States, yet, apart from use as a source of anecdotes or case-study detail, they have seldom been subjected to systematic analysis. Among works that have given some attention to hearings, see, in addition to those cited below, Davidson, Roger and Hardy, Carol, ‘Indicators of Senate (House) Activity and Workload’, Congressional Reference Service Report(s) for Congress, 1987Google Scholar, and Walker, Jack L., ‘Setting the Agenda in the US Senate: A Theory of Problem Selection’, British Journal of Political Science, 7 (1977), 423–47.CrossRefGoogle Scholar

14 Cohen, Julius, ‘Hearing on a Bill: Legislative Folklore?Minnesota Law Review, 37 (1952), 38–9Google Scholar; Keller, BillSpecial-Interest Lobbyists Cultivate the “Grass Roots”’, Congressional Quarterly Weekly Report, 12 09 1981, p. 1741Google Scholar; Meier, Kenneth J. and Lohuizen, J. R. Van, ‘Interest Groups, in the Appropriations Process: The Wasted Profession Revised’, Social Science Quarterly, 59 (1978), 210–17.Google Scholar

15 Schlozman, Kay and Tierney, John, Organized Interests and American Democracy (New York: Harper and Row, 1986).Google Scholar

16 Aberbach, Joel, Keeping a Watchful Eye (Washington, DC: The Brookings Institution, 1990), p. 135.Google Scholar

17 The finding that conflicts are less in subcommittees than in full committee hearings is not particularly notable in itself, but it is important to recognize that other results reported in Tables 1 and 2 control for the increase in use of subcommittees.

18 The equation in Table 2 controls for coder, region and committee. The equation in Table 1 controls for coder, region, committee, presidential popularity and the interaction of presidential popularity and committee. The effect of presidential popularity on inter-branch conflict is complicated and will be addressed by Greene, Jay P. in ‘The Invitation Not to Struggle: The Logic of Executive-Legislative Relations’ (doctoral dissertation, Harvard University, forthcoming).Google Scholar

19 Committees were classified into these categories on the basis of information in Smith, Steven S. and Deering, Christopher J., Committees in Congress (Washington, DC: Congressional Quarterly Press, 1990)Google Scholar and Fenno, Richard F. Jr, Congressmen in Committees (Boston, Mass.: Little, Brown, 1973)Google Scholar. In selecting our committees, we chose committees with roughly similar counterparts in both chambers whose jurisdiction remained relatively stable during the time period studied. We believe we have the universe of this type of committee.

20 Since the logit coefficients may not have much meaning to many readers, we are reporting in the text frequencies derived from the logit coefficients, setting all other independent variables to their mean. All frequencies reported in the text have corresponding coefficients in Table 1 and 2.

21 A not dissimilar tripartite classification scheme – foreign, domestic and defence – has been proposed by Rohde, David, ‘Presidential Support in the House of Representatives’, in Peterson, Paul E., ed., The President, the Congress, and the Making of Foreign Policy (Norman: Oklahoma University Press, 1994).Google Scholar

22 Smith, Steven S., Call to Order: Floor Politics in the House and Senate (Washington, DC: The Brookings Institution, 1989).Google Scholar

23 In the logit model reported in Table 2 both time and time squared had a significant effect; this demonstrates a curvilinear relationship between time and conflict.

24 Shepsle, Kenneth, ‘The Changing Textbook Congress’, in Chubb, John E. and Peterson, Paul E., Can the Government Govern? (Washington, DC: The Brookings Institution, 1988), pp. 238–66.Google Scholar

25 Carmines, Edward G. and Stimson, James A., Issue Evolution: Race and the Transformation of American Politics (Princeton, NJ: Princeton University Press, 1989).Google Scholar

26 Burns, James MacGregor, The Deadlock of Democracy (New York: Prentice-Hall, 1963).Google Scholar

27 The data usually cited can be found in Ornstein, Norman J., Mann, Thomas E. and Malbin, Michael J., Vital Statistics on Congress 1989–90 (Washington, DC: Congressional Quarterly Press, 1990).Google Scholar

28 Smith, and Deering, , Committees in Congress, pp. 148–56Google Scholar; and Heclo, Hugh, A Government of Strangers (Washington, DC: The Brookings Institution, 1977), p. 59Google Scholar. See also Ornstein, Norman J., Mann, Thomas E. and Malbin, Michael J., Vital Statistics on Congress 1989–90 (Washington, DC: Congressional Quarterly Press, 1990), p. 133.Google Scholar

29 Heclo, , A Government of Strangers, pp. 57–9.Google Scholar

30 Destler, I. M., American Trade Politics: System under Stress (Washington, DC: Institute for International Economics, 1986).Google Scholar

31 Birnbaum, Jeffrey H. and Murray, Alan S., Showdown at Gucci Gulch: Lawmakers, Lobbyists, and the Unlikely Triumph of Tax Reform (New York: Random House, 1987).Google Scholar

32 Congressional Quarterly, 13 07 1991, p. 1915.Google Scholar

33 Bahl, Roy, ‘Urban Government Finance and Federal Income Tax Reform’, National Tax Journal (03 1987).Google Scholar

34 Peterson, Paul E. and Rom, Mark, ‘Lower Taxes, More Spending, and Budget Deficits’, in Jones, Charles O., ed., The Reagan Legacy (Boston, Mass.: Chatham House, 1988).Google Scholar

35 In the words of Senator Alan Cranston: ‘I submit that if you decide that it's improper to take a lawful and proper action at any time on behalf of someone who has contributed legally and properly, then every senator, including every member of this committee, had better run for cover – because every senator has done it; every senator must do it.’ Congressional Quarterly, 17 11 1990, p. 3870.Google Scholar