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Legislating in the Senate
From the 1950s into the 2000s
Mark J. Oleszek and Walter J. Oleszek1
The United States Senate, according to James Madisonâs oft-quoted metaphor, is âthe great anchor of Government.â His view is predicated on the ability of the Senate to hold fast against unwanted House-passed measures or the public passions of the moment. The Senate is an institution well-equipped to block and stymie action on measures and matters because the chamberâs permissive rules grant large procedural prerogatives to every member regardless of party or seniority. To engage in lengthy debate and to propose germane or non-germane amendments are traditional rights accorded each senator. A single senator, a small group, or the minority party has the capacity to slow down decision-making or to stop legislation outright.
When Senator Robert J. âBobâ Dole (R-KS) was the minority leader, he stressed the importance of the Senateâs emphasis on minority rights: âThe rights of the minority in the Senate are precious; they protect not just the interests of a partisan minority, but also the interests of economic and geographic minorities, including individual states. Those rights have been exercised by both parties as well as a combination of Republicans and Democrats.â2 On the other hand, the chamberâs emphasis on minority rights allows opponents to block action on proposals favored by a large majority of senators as well as many in the general populace.
Unsurprisingly, lawmaking in the Senate can be difficult because it is easier to block than enact legislation. This reality complicates the ability of the top party leadersâespecially the majority leader, who sets the chamberâs agendaâto process the chamberâs business in a timely manner. Moreover, the majority or minority leaders of the Senate, who consult regularly in determining the chamberâs schedule of activities, have an array of other important internal and external functions beyond trying to make the legislative trains run on time. Internally, as an example, the top Senate leaders are responsible for mobilizing winning coalitions to accomplish the legislative goals of their party as well as other high priority measures (e.g., bills addressing unexpected crises). Externally, party leaders are active in campaigning for party colleagues, acting as public spokesmen for their side, and raising campaign funds to ensure that their party either retains or claims majority control of the institution.
The basic point is that the portfolio of the party leader is diversified, and the endeavor is strenuous. Their decisions, too, can be subject to sharp criticism from inside and outside the Senateâby colleagues, the president, their partyâs voters, and outside groups that want to oust them as party leaders.3 Former Senator Howard M. Metzenbaum (D-OH), who sometimes created parliamentary headaches for the majority and minority leaders, once said, âI think the position of the majority leader and the position of minority leader are the two worst positions that our colleagues can give to any two men or women.â He added that party leaders are the first ones present to open the chamber and the last ones to leave. In between, they strive to ensure that the Senate âfunctions as well as it doesââor as well as it canâto process the Senateâs business.4 As Senator Mitch McConnell (R-KY) said in the foreword to this book, when he is asked what the majority leaderâs job is like, he often says, âItâs a little bit like being the groundskeeper at a cemetery. Everybodyâs under you, but nobody listens.â5 Other majority leaders have employed different metaphors to explain their position: âherding cats,â âjanitor,â or âshepherdâ are examples.6
Needless to say, party leaders operate in a legislative and political context largely not of their own making. Context refers to such factors as electoral results that determine the size, composition, and cohesion of each party; whether there is unified or divided control of Congress and the White House; or the power dynamic between committees and party leaders. Scholars note that contextual conditions generally influence the role and work of party leaders more than the reverse circumstance.7 The governing challenges and opportunities created by the legislative environment influence the leadersâ performanceâwhich can change from issue to issue or year to year. The fundamental purpose of this chapter is to focus on the contextual environment in which party leaders operate.
More specifically, we examine the Senateâs evolving institutional context and the general role of party leaders within that environment. Three Senate eras are chosen for this purpose, with the discussion focused on selected features of each period. Analyzing three different periods can reveal the diverse pattern of politics and policymaking broadly unique to each period as well as provide some insight into how and why major changes can occur in the Senate. To be sure, characteristics associated with each era vary and often overlap. We begin with the Senates of the 1950s because they have been well researched and provide a useful basis for comparison with the Senate eras that follow. We next discuss the âindividualistâ Senate (roughly from the 1960s to about the 1990s), and then we turn to the polarized Senate that emerged in the mid-1990s and will likely continue into the foreseeable future. Finally, we conclude with summary observations.
IMAGE 1.1 Desk, Senate Chamber. Image courtesy of U.S. Senate Commission on Art, U.S. Senate Collection.
The Senate of the 1950s
There is a voluminous literature on the Senate of the 1950s, the landmark analysis of this period being U.S. Senators & Their World by Donald R. Matthews.8 This study explored a variety of topics, such as senatorsâ relationships with lobbyists, reporters, and constituents. For our purposes, three subject areas are important to underscore because they illuminate key elements of the inward-focused and club-like Senate of the 1950s. Each stands in marked contrast to Senates of the contemporary period. First, an array of informal norms and folkways governed the behavior of many senators who served during this era. Second, powerful committee chairs, part of an âinner club,â largely dominated policymaking. Chosen by a rigid seniority system, the chairs were lawmakers to be reckoned with because the locus of decision-making was largely âcommittee government.â Even Majority Leader Lyndon B. Johnson (D-TX) had to woo and broker deals with powerful chairs because they influenced or controlled votes of colleagues in committee and on the floor; selected the measures for committee action (hearings, markups, and reports); and influenced the substantive contents of the legislation. Third, Majority Leader Johnson exercised significant authority in shaping the Senateâs activities. He is often viewed as the most powerful majority leader ever, a post which became institutionalized sometime during the early 20th century.9
Norms and Folkways
Matthews stressed the key role of the Senateâs unwritten norms and folkways in influencing policymaking and the workings of the Senate. The Senate, wrote Matthews, âhas its unwritten rules of the game, its norms of conduct, its approved manner of behavior. Some things are just not done; others are met with widespread approval.â10 In essence, the norms and folkways were critical components of the Senateâs âculture,â defining the expected behavior of senators toward colleagues and the institution itself. Briefly, the informal norms and folkways included:
Apprenticeship. New senators should first spend time learning how the Senate functions before participating in committee and floor activities in an active and sustained way. Deference to the chamberâs committee and party leaders was also expected of the newcomers.
Specialization. Senators should concentrate on a limited number of issues, particularly those that come before the committees on which they serve and on the matters of special concern to their constituents.
Legislative Work. Senators should focus on the work of the Senate rather than seek publicity. Senators were to be âwork horses,â not âshow horses.â
Courtesy. Senators should treat all colleagues respectfully and not engage in personal attacks or criticisms of them.
Reciprocity. Senators should assist colleagues whenever that is feasible. This norm includes a two-way exchange: senators who are aided are expected to provide assistance in return.
Institutional Patriotism. Senators should defend the prestige and prerogatives of the Senate from those who would unfairly castigate its role and work.
Procedural Restraint. Senators should be reticent to use their many procedural prerogatives and employ them sparingly and only on matters of particular interest to their constituents.
Many of these norms no longer apply as they once did, and most went into decline not long after Matthewsâs study was published. For example, the 1958 midterms saw the election of many ambitious and activist liberal senators who from the start of their careers sought to influence senatorial action on their preferred policies and priorities.11 The Washington lobbying community was transformed, with âwall to wallâ interest groups devoting considerable time and resources to persuading senators to become advocates for their cause.12 Wider media coverage gradually eroded the insular character of the Senate and heightened the national coverage of relatively junior senators, such as Barry M. Goldwater (R-AZ) and John F. Kennedy (D-MA), who were not members of the so-called âinner club.â
The âInner Clubâ
The notion of the Senate being guided by an âInner Clubâ was popularized in a 1956 book written by journalist William S. White entitled Citadel, The Story of the U.S. Senate.13 The club consisted mainly of senior Democratic senators from the South and senior Republican senators from the Midwest and New England, many of whom served as chairs or ranking members of key Senate committees, such as Finance. Ostensibly, they dominated the inner workings of the Senate. The inner club was âan organism without name or charter, without officers, without a list of membership, without a wholly conscious being at all.â14 According to White, members of the inner club dominated the Senateâs policymaking, often from their perch atop committees. Majority Leader Johnson even gave copies of Citadel to newly-elected senators so that they would develop an understanding of what was expected of them, which was to follow the advice of Johnsonâs close friend in the House, Speaker Sam Rayburn of Texas: âto get along, go alongâ with the priorities of inner club senators.
Prominent club members included Senators Richard B. Russell (D-GA), Russell B. Long (D-LA), Henry âStylesâ Bridges (R-NH), and Robert Taft (R-OH). Lawmakers in the inner club held the levers of power in the Senate, especially the chairmanships of committees. To be sure, there were mavericks and outsiders who neither genuflected to members of the inner club nor observed regularly the norms and folkways identified by Matthews.15 Some scholars challenge the notion of an all-powerful inner club, given âthe progressive centralization of power in the hands of the majority leader.â He controlled, for example, committee assignments, campaign funds, and floor procedure. Thus, by âthe time Johnson left the Senate âŚ, the âInner Clubâ could command little of the power attributed to it. It had too long been merely a façade for Johnsonâs own activity.â16
Majority Leader Lyndon Johnson (1955â1960)
Scores of analysts have examined the period when Lyndon Johnson was the Senateâs majority leader (he also served as minority leader during the 83rd Congress, 1953â1955). Noted historian Robert Caro, a Pulitzer Prize-winning author, has spent much of his adult life writing books that dissect the political career and roles of Johnson, including Master of the Senate, the thi...