The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
A system better adapted to the purposes of the lobbyist could not be
devised. "It gives facilities for the exercise of underhand and even
corrupt influence. In a small committee the voice of each member is well
worth securing, and may be secured with little danger of a public
scandal. The press can not, even when the doors of committee rooms stand
open, report the proceedings of fifty bodies; the eye of the nation can
not follow and mark what goes on within them; while the subsequent
proceedings in the House are too hurried to permit a ripping up there
of suspicious bargains struck in the purlieus of the Capital, and
fulfilled by votes given in a committee."[149]
A system which puts the power to control legislation in the hands of
these small independent bodies and at the same time shields them so
largely against publicity affords ample opportunity for railway and
other corporate interests to exercise a controlling influence upon
legislation.
This subdivision of the legislative power of the House and its
distribution among many small, irresponsible bodies precludes the
possibility of any effective party control over legislation. And since
the majority in the House can not control its own agents there can be no
effective party responsibility. To ensure responsibility the party in
the majority must act as a unit and be opposed by an active and united
minority. But our committee system disintegrates both the majority and
the minority.
Another practice which has augmented the authority and at the same time
diminished the responsibility of the committees is the hurried manner in
which the House disposes of the various measures that come before it.
The late Senator Hoar has estimated that the entire time which the House
allows for this purpose during the two sessions which make up the life
of a Congress "gives an average of no more than two hours apiece to the
committees of the House to report upon, debate, and dispose of all the
subjects of general legislation committed to their charge. From this
time is taken the time consumed in reading the bill, and in calling the
yeas and nays, which may be ordered by one-fifth of the members present,
and which require forty minutes for a single roll-call."[150]
Moreover, the member "who reports the bill dictates how long the debate
shall last, who shall speak on each side, and whether any and what
amendments shall be offered. Any member fit to be intrusted with the
charge of an important measure would be deemed guilty of an inexcusable
blunder if he surrendered the floor which the usages of the House assign
to his control for an hour, without demanding the previous
question."[151]
Nothing more would seem to be necessary to give the committee control of
the situation. True the House may reject the bill which it submits, but
the committee may easily prevent the House from voting upon a measure
which a majority of that body desires to enact.
Public-domain text, read in full here on John Shaqi.
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