Weeks 9-10: Congressional Leadership

ORGANIZING CONGRESS: choosing committee assignments and institutional leaders is a three-stage process

• 1. There is a special committee for each party in each chamber of Congress. Thus, there are four of these special committees. It is usually called the Steering Committee (except for Senate Republicans, who call theirs the Committee on Committees). The special House committees are chaired by the Speaker or Minority Leader. This special committee will make committee assignments, as well as recommend the committee chairs. Members (especially freshmen) make their committee requests, and assignments are made from those requests, expertise, geography, seniority, and support from state party members on the special committee. The special committee selects committee chairmen usually based on seniority system--whoever has served the longest on that committee.
• 2. The party conference (House Democrats call it a caucus) ratifies committee assignments, committee chairs, and elects institutional leaders. The conference consists of all members of the party from that chamber. Thus, there are four of these conferences/caucuses.
• 3. A party-line floor vote legally finalizes all committee assignments, committee chairs, and institutional leaders. Both parties propose candidates as committee chairs and institutional leaders, but party-line votes result in the majority party winning all of those key positions. The losing party members become "ranking minority members" rather than "chairmen" of the committees, and minority leaders of the chamber instead of majority leaders (or House Speaker).

NORMS OF CONGRESS:

• 1) Be a Workhorse, not a Show horse (read about Clinton's senate style)
• 2) Specialization on issues affecting one's committee or constituents
• 3) Interpersonal Courtesy is important (read about Ted Cruz's norm violation)
• 4) Reciprocity- help colleagues, defer to their strong opinions on self-interest measures (vote trading was the previous norm)
• 5) Institutional patriotism- historically, this meant loving thy chamber, be suspicious of the executive branch. House members would brag that their chamber’s large size created many subject matter experts, so they got the real work done; Senate members would brag about their individual importance, and the ability to talk on the senate floor as long as they wished.
• 6) Apprenticeship- learn the rules, before being very active
• 7) Re-election, constituency work- a newer norm

Ideas from Crisis Point book by Trent Lott (former Mississippi U.S. Senator, who rose to Senate Majority Leader, and Tom Daschle (a Democratic senate leader), Bloomsbury Press, 2016.

Types of Leaders:

• Leader as Facilitator: Mike Mansfield (D)- by 1961 after Lyndon Johnson, Senators had become more independent. Mansfield "let the Senate have its own head and led by making others feel empowered." (p. 104) He led by "quiet persuasion and inclusion, which sometimes meant letting others lead," such as letting Republican leader Everett Dirksen lead the civil rights debate. (p. 104) His style- "A leader is best when people barely knows he exists." His followers believe they did it themselves. Mansfield led by "accommodation," "mutual restraint," and showed "respect for one another." (p. 105) He had a "genuine humility" (p. 106).
• Leader as Conciliator: Howard Baker (R)- leader 1977-85. Baker realized that "We are doing the business of the American people... We have to do it with the same people every day." (p. 109) Public service was in his blood, he had "a very laid-back Southern style" and "his easy demeanor had a way of relaxing you." (p. 109) He realized that the Senate "business was too central to allow them the luxury of petulance." (p. 108) After a bitter debate Baker "would usually walk to the desk of my most recent antagonist, extend a hand of friendship, and solicit his report on the next issue for the following day." (p. 108) He would listen to and talk with Senators, especially the other party; he let "both sides work through him"; he was accessible; he was "friendly and unfailingly courteous" (p. 107) He said that a leader must understand human nature, the hearts and minds, the frailties and the strengths of one's colleagues. He "was known to lock competing sides in an office... until a compromise was reached." (p. 108)
• Tip O'Neill, House Speaker (D)- he would make sure that his colleagues felt "that they'd been heard before making his decisions," and would give "the toughest grilling to the one he knew he was going to side with, just so the loser felt he'd been heard." (p. 101) Though Democrats had a House majority during Reagan's presidency, O'Neill permitted Reagan's bills to at least come to the floor to be voted on.
• Lyndon Johnson, Senate Leader (D), 1950s- The Johnson Treatment- a "virtual athlete of persuasion," he would in one-on-one talks with Senators engage in "cajoling, carousing, threatening, whatever it took" to influence them (p. 101)
• Lott and Daschle were senate party leaders during the Clinton impeachment, the disputed 2000 election, 9-11, and the War on Terror. They said the simple things matter in leadership: "communication, trust, and relationships... Leaders need a working relationship that is based on trust and a level of confidence in each other, which is nearly impossible to have if things are too political." (p. 115) Leaders need optimism and pragmatism. "To get something done, you have to be prepared to seek consensus. It requires both inclusion and inspiration." (p. 119) Both leaders think it is important to learn about their senate colleagues and what matters to them. Daschle said it is important to genuinely like your colleagues. Lott felt that leadership was getting something done regardless of the challenges. He engaged in Preparation- reading books about senate leaders, and observing them in action. He liked Mansfield's style of leading by "quiet persuasion" and "letting others take charge on occasion." (p. 123) These two senate leaders kept a phone at their desks to directly link with the other, and they found that talking one-on-one became natural the more they did it.
• Senator as Institution: Robert C. Byrd. Party leader and senate president pro tem. He had "gravitas and dignity, in look, in speech, and in action... his immaculately styled silver-white hair, his dark blue three-piece suit framing a carefully chosen silk necktie, and his dignified bearing..." (p. 193). Byrd always had a copy of the U.S. Constitution in his pocket. He respected congress' glacial pace, as Senate's purpose was "to examine, consider, protect, and to be a totally independent source of wisdom and judgment." (p. 195) His great reading and knowledge of history showed a "reverence for the past and the wisdom of our ancestors, pride in our country's story, a connection to the accomplishments of men and women long gone." (p. 196)
• Senator as Survivor: John McCain. He was seen as a "man of principle and passion" who stressed courage (p. 196). He worked with senators in both parties. He was persistent and "just worked to wear you down." (p. 199)

Why Leadership is Lacking in Today's Congress:

• American people bear some responsibility- they give Congress low ratings, but they overwhelmingly reelect incumbents.
• The perpetual (or permanent) campaign. Senators are told to spend four hours a day on the phone raising campaign money. Their workweek is only Tuesdays thru Thursdays in Washington, then they catch a plane to go back to their home states. Senators in Washington D.C. are a transient culture, where their kids (of different parties) no longer live on the same block, go to the same schools, and play together; therefore, community bonding no longer exists. One solution is to institute a 5-day workweek requiring congressmembers to work in D.C. for all of the work week.
• Polarized electorate, as Democratic and Republican party identifiers have become more ideologically cohesive. Average citizens tend to live in areas with other people having similar views to themselves. Such people tend to seek out cable channels that uphold their ideological views, so they don't get different points of view. Americans live in two different worlds. Congress members fear being moderate, as they will be primaried (defeated for party nomination by a more ideologically pure person).
• The media is now round-the-clock, it seeks to catch any slip-up by a politician.
• Need to require and encourage public service. Consider a required one year of public service of young adults, such as the military or community service. Have college scholarships focused on service, forgive college student loan debt for service activities and careers.
• Need to reform congressional rules that hinder actions, such as letting senators put a filibuster hold on legislation without actually physically holding the senate floor.
• Absence of presidential leadership. President Reagan met with the congressional leadership almost every week. Clinton would invite congressional leaders to the White House and Camp David; he called them on the telephone a lot and at all hours; he respected congress members (saw them as pretty smart, loving their country, and having something to say); he was charming and humorous, and could turn around tense situations). George W. Bush actually visited the leadership offices after his election and asked for advice; he had breakfast meetings with both parties' congressional leadership a few times a month, gave them a world report, invited questions; meeting and talking built a relationship. Obama "just doesn't seem to be much of an engager. He comes off as more aloof ..." (p. 148) Trump in my opinion was the same way; he met once with congress members of both parties working on immigration reform, and angered Democrats by allegedly referring to some impoverished African and Latin American nations as “shithole countries.” Biden appears to be more willing to work with both parties, inviting the House Republican leader to a state dinner and refraining from criticizing independent Democrat Joe Manchin of West Virginia.
• Negative congressional leadership. When Obama was President, Republican congressional leaders were "hostile and partisan," with McConnell pledging to make Obama a one-term President; GOP leaders would struggle with the need to "cater to the far right wing" of their party. (p. 149) I believe that today’s House Republican leaders may have a similar orientation, vowing many investigations of President Biden’s policies. Democrats also provide examples of negative leadership, with Speaker Nancy Pelosi visibly tearing up one of President Trump’s State of the Union addresses when he finished his speech, and Democratic congress members refusing to shake his hand afterwards as he walked down the aisle (except for Manchin).

Leadership ideas from Robert A. Caro's book on The Years of Lyndon Johnson: Master of the Senate. All quotes are from this biography.

The pre-Eisenhower years and some general principles:

• Have passion, intensity, energy. "You've got to believe in what you are selling." To win an argument, you have to "'fill yourself up' with the arguments in its favor." (p. 120)
• Be hard working. Johnson and his senate staff worked six days a week, usually starting at 8 and working into the evening. (p. 128) Johnson’s snide comment about a secretary gaining weight might have been due to his perception that she wasn’t working hard enough.
• Civility and courtesy is important. Be a good listener, be deferential especially to more senior people (p. 148, 208). This helps you to be a "reader of men." You must be patient. (p. 153)
• Find a mentor. Johnson had Senator Richard Russell of Georgia, a southern leader. (p. 208, 212)
• Johnson was a great storyteller. Chaired Senate Preparedness Subcommittee during Korean War, he got publicity with terms like, "darkest days," "business as usual," and "too little and too late." (p. 316)
• He sought unanimity on subcommittee reports (p. 334).
• Take the initiative in seeking leadership opportunities. Johnson sought and got Russell's support for the senate whip position. (p. 365) Mississippi Senator Trent Lott took the initiative and won the Senate Majority Leader position over his more senior colleague, Thad Cochran.
• Do favors for colleagues. Johnson as Whip could tell senators when bills and amendments would be discussed, who would speak on them, and what the vote would likely be on them (p. 389, 394). He could tell them how to get their bill moved forward (p. 396). So he built up IOU’s among colleagues, and cashed them in to move up to majority leader.
• Win the trust of political opponents. Johnson reached out to liberal Minnesota Senator Hubert Humphrey by: saying he was an FDR man; stressing that pragmatism and compromise was the only way to get a bill passed; rewarded Humphrey's willingness to make Johnson's win as Majority Leader unanimous by putting liberals on the Policy Committee and substantive committees; but Johnson said he'd only deal with Humphrey rather than those liberals (p. 484).
• Be prepared to neutralize peers who harm the organization. Johnson put senators who weren't up for re-election for six years on the Government Operations committee chaired by GOP senator Joe McCarthy, so that they would be better able to stand up to this communist-hunting demagogue (p. 501).
• Johnson picked people he could dominate for the Policy Committee, including a liberal who was old and dependent on Johnson, plus a dependent alcoholic.
• Reorganization to enhance the leader's power. Johnson as Party Leader chaired the Policy Committee, so he required all committee chairs (and later just their staff) to report to him on the status of bills in their committees.

The Eisenhower Years before the 1957 Civil Rights Act (Johnson in 1955 at age of 46 became the youngest Senate Majority Leader in history):

• Johnson pursued bipartisanship to put America first. Eisenhower had called for a foreign policy of "true bipartisanship," and Johnson responded by calling on Democrats to support "a program geared NOT just to opposing the majority but to serving America." (p. 523) Thus, Johnson helped Eisenhower to defeat the isolationist GOP Old Guard.
• Johnson worked to get demagogue McCarthy censured. He ensured that the Army-McCarthy hearings were televised, and McCarthy's badgering of a witness hurt him. He ensured that there was a bipartisan select committee that was very respected to consider McCarthy's censure. He included "gentle" John Stennis who proceeded to "mop up the floor with" McCarthy. Also, he got Sam Ervin who had been a N.C. state supreme court judge. Nearly all were members of the senate's "inner club", which "respected its rules and traditions." (p. 554)
• Reorganization innovations. Johnson as Majority Leader "managed major pieces of legislation on the floor," instead of the committee chairs doing so (p. 560). He also used unanimous consent agreement to reduce senate floor debate. Efficiency and speed increased as Johnson permitted roll call votes only if one-fifth of those present requested them under the U.S. constitution (Article 1, Section 5), so a divisive trade bill passed in 3 days.
• Loyalty stressed. He expected senators to "want to be on my team" and act like they "wanted me to be the captain." (p. 564)
• Being gracious and congratulating someone can increase your power. Johnson called Stennis' wife and said he was proud of her husband's accomplishment being elected by the Senate to such a powerful committee (Appropriations). This phone call put the senator in his debt.
• Reach out to ideological opponents. Johnson and the southern caucus wanted Johnson to become President of the U.S. Minnesota Senator Hubert Humphrey even thanked Johnson for supporting a "progressive and decent housing bill," and Johnson supported a minimum wage increase higher than President Eisenhower desired (p. 608). Johnson got a Social Security disability amendment passed (expanding the program's scope) by getting the support of a Nevada senator who accepted Johnson's backing for his federal purchase of Nevada tungsten bill (Johnson got liberals to back that bill by just asking them to "support the leadership".)(p. 680).

The 1957 Civil Rights Act leadership role:

• Political environment becomes supportive, so timing is important. The Emmett Till (a 14-year-old African American Chicago kid murdered in Mississippi for allegedly flirting with a white woman) trial got the attention and sympathy of the world. (p. 706) The Montgomery bus boycott, and U.S. Supreme Court upheld a federal court order declaring Alabama segregated buses unconstitutional. A major barrier was Mississippi Senator Eastland, who had denounced attempts at "the mongrelization of the white race," and who had just become chairman of the Senate Judiciary Committee (p. 767).
• Experience with the problem. Johnson's youth made him aware of poor people. He had worked on a highway "road gang," he had taught at a Mexican-American school and had spent his own money buying supplies for his students (p. 721). As state director of the New Deal National Youth Administration, he made sure that poor people were helped with jobs to stay in school (p. 725). When Senator Johnson learned that a Texas Mexican-American was denied service at a white funeral parlor, he roared, "By God, we'll bury him at Arlington!" (p. 754; our national military cemetery in D.C.) He provided patronage and constituency service to Mexican American leaders. As a Senator, he became sensitized to the effects of segregation by his black staff member who couldn't drive Johnson's dog back to Texas due to his inability to get access to segregated restaurants, motels, and gas station restrooms (p. 888).
• Persuading the bill's opponents, the southerners, not to use the filibuster. Johnson argued that "the times were changing," and that the "Republicans were making civil rights a party issue," and "It's hurting us." (p. 863) He warned them that a filibuster might lose and get a two-thirds vote for cloture. He told them to "count on him to weaken a civil rights bill as much as possible" (p. 868). He told them that this might help Johnson get elected to become "a President attuned to the southern culture." (p. 869) He told a Texas congressman that "the world is trying to turn to the left... You can either get out in front and try to give some guidance," or "continue to fight upstream, and be overwhelmed or be miserable." (p. 887)
• Compromise and mediation. Dumping a divisive section of the bill. He eliminate Part 3 which dealt with public accommodation. He kept Part 4 of the bill, which dealt with voting rights. Southern Senators were constitutionalists, so they felt guilty about allegations of voting rights violations. He convinced the liberals that the weaker bill could always be amended, and that: "Pass one civil rights bill, no matter how weak, and others would follow." (p. 893)
• Water down the remaining Part 4 by requiring a jury trial, not just a federal judge's decision; that got southern support.
• To uphold the South's position on a watered-down civil rights bill, he got some western support; he supported public power in Hells Canyon in Oregon and Idaho Snake River area. So South did not filibuster move to put the civil rights bill on the calendar, though they did vote against it.
• A watered-down Johnson civil rights bill also got some Midwest conservative senate support, as they had feared increasing federal power and a second Reconstruction (p. 918).
• Johnson got a Republican with impeccable liberal credentials, George Aiken of Vermont, to offer an amendment to eliminate Part 3. Part 3 was eliminated by a 52-38 vote with 34 Democrats (all Democrats except the 13 most liberal) and 18 Republicans (every Midwest conservative and some Northeast liberals).
• Johnson regained some liberal support by: retaining a jury trial in civil rights criminal contempt proceedings, but have it preceded by a civil contempt proceeding where a judge alone could detain the violator; strike at all white juries by adopting Frank Church amendment that permitted any citizen 21 or older (including those not on voter registration rolls) to serve on federal juries. (p. 974)
• Get West Virginia senators support by attracting organized labor to support the jury trial requirement. He reminded the coal mine union that United Mine Workers President John Lewis had been found in contempt by a federal judge during Truman's seizure of the coal mines. (p. 969)
• Attract senate support in strong labor union states by pointing out that three Senate committees were chaired by southerners, and those committees were considering bills for brotherhood retirement benefits increases, a generous tax exemption of brotherhood retirement contributions, and a pay raise for postal workers (p. 977).
• The vote on the jury trial amendment was 51-42. The now revised 1957 civil rights bill was easily passed 72-18. Senator Russell warned fellow southerners not to filibuster the conference committee version of the bill, fearing a cloture vote; only Strom Thurmond filibustered- for 24 hours and 18 minutes. The revised bill now passed the senate 60-15. (p. 998)