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CONGRESS Commentary: Congress B Dick Behn RIPON RIPON ANNUAL DI·NNER May 14, 1977 APRIL 15, 1977 VOL. XIII, No.8 50 cents A SUNSET LAW FOR CONGRESS Commentary: Congress b Dick Behn Sen. Howard Baker, Jr. recently pro­ Commenting on Congress' neurotic posed a return to a citizen-legislature pursuit of purity, the Washington Post's with part-time duties, part-time salar­ David Broder wrote: ies, and outside occupations. Baker Whenever things got tight in the made his proposal as part of a bid to House and Senate debates, there was add a "sunset" clause to the recently­ always someone waving a poll and argu­ nassed Senate Ethics code that severe­ ing that, whe,ther a particular prohi­ ly limited the amount of outside in­ bition made sense or not, the public come that may be earned by senators. demanded it. The ethics debate was Baker's proposal would have automatical­ the worst example of the abandonment ly terminated the ethics code in 1980. of good judgment to the appeasement His alternative "would enable members to of public opinion I've witnessed since to find out what their cbnstituency ---well, since the same moral fervor thinks and reimmerse themselves in the mixed with fear seized Congress after Ii mainstream of the country's life. ' Watergate and produced the campaign finance "reforms" of 1974. Baker's idea, however, contradicts the predominant trend in Congress which The answer to Congress' problems may is to strengthen and reward incumbents be not to limit outside income but to by narrowing their role as full-time limit congressional terms of office. ombudsmen-legislators. In essence, A limit of five two-years terms for Congress has set up a sort of legisla­ the House and two six-year terms for tive Civil Service which protects in­ the Senate may be the only way to cumbents---especially Democratic ones break up the congressional bureaucracy. ---from the indignity of being ousted The power of the incumbency--particular­ from office. The strict rules of pro­ ly for Democrats unaffected by the taint cedure, the heavy emoluments and per­ of Watergate---is so great that only one quisites of office, are intended to Democratic freshman was ousted in 1976. make members behave and thus give them Recent increases in office allotments, tenure. salaries and other privileges have in­ tensified the problem. The Senate's new ethics code has even given the senators what amounts Congress is more insidious than the to a Hatch Act in reverse by prohibit­ Civil Service because it concludes its ing them from engaging in non-politi­ own labor-management deals. It legis­ cal employment. Instead of relying lates effective job security. As poli­ on public disclosure and the elector­ tical scientist Morris P. Fiorina recent­ ate's good sense to control sena~orial ly wrote in the Washington Monthly, the activities, the Senate has subst1- "primary goal of the typical congressman tuted rules and limits. In so doing, is reelection." Notes Fiorina:" ••• there the Congress has treated itself some­ is a ~ind of natural selection process what like the kindergartener who is at work in the el~ctoral arena. On av­ promised a lollipop(pay raise) if he erage, those congressmen who are not won't play in the mud(make money). The primarily interested in reelection will duplicity and stupidity of the Cong­ not achieve reelection as often as those ress' actions is mind-boggling unless who are interested. ~ve, the people, one remembers the primary goal of con­ help to'weed out congressmen whose pri­ gressional ethics: get members reelec­ mary motivation is not reelection. We ted. admire politicians who courageously adopt the aloof role of the disdnteres~ ted statesman, but we vote for those pol­ iticians who follow our wishes and do us favors. " The immediate opposition to Baker's proposals for a citizen legislature cen­ tered on the complexity of problems faced by contemporary congressmen. To­ day's issues require constant attention. The truth~ as Fiorina points out, is that lawmaking on the momentous prob­ lems of the day consumes only a third of a congressman's time. The rest is devoted to pork-barreling and casework, both of which are considerably more im­ portant to a congressman's reelection than how he votes on the B-1 bomber. A congressman is elected to be a law­ maker but is expected to be an ombudsman. Congress succumbs to a sort of Parkin­ son's Law of Casework. The more office resources available for casework, the more casework is done, the more it is expected by constituents, the less con­ stituents rely on other bureaucratic ly more friends among the people of channels, the more Congress emphasizes their districts. Hence, more safe casework to meet constituent needs, the seats." more resources are ftevoted to casework, etc., etc. And the incumbents keep The same thing has happened to Con­ getting reelected. gress that.happened nearly a hundred years ago in the executive branch: a Given the massive federal bureaucracy, fluctuating spoils system has bee~ re­ the ombudsman role of Congress is a val­ placed by a stable spoils system. The uable function. It is also a self-perpe­ citizen bureaucrat has been replaced tuating, self-aggrandizing and highly by the civil servant and the citizen expensive one. Writing in the March 18 legislator by the legislative master. issue of New Times magazine, Robert The valid arguments ·for~bureaucratic Shrum notes that each representative a~d legislative professionalism have costs $1.5 million per year and running been carried to an extreme. Congress costs more than running Phila­ delphia. So despite public dissatisfaction with Congress, the Democratic majority Republicans in particular and insur­ has insulated itself from. that discon­ gents in general and anyone who believes tent. And the Republican Party is suf­ in democratizing Congress has a vested, fering from both the excesses of Rich­ interest in tempering congressional ten­ ard Nixon and the 'largesse of Congress. ure. The current system demands that incumbents worship at the campaign chapel. Republicans have an inherently frus­ Only with power can any good be done, trating job in Congress, particularly so getting power becomes more important in the House where they seldom have than doing good. Notes Fiorina: the numbers nor the committee staff The key to the rise of a semipermanent support to make a substantial impact. Washington establishment (and the fall Some of the brightest and most able--­ of the non-safe congressional seat) is like Maryland's Gilbert Gude and Penn­ the following observation: the growth sylvania's Edward Biester---quit last of an activist federal government has year rather than become career con­ stimulated a change in the mix of con­ gressmen. Others---like California's gressional activities. Specifically, a Alphonzo Bell and Michigan's Marvin lesser proportion of congressional ef­ Esch---sought to move up to the Senate fort is now going into programmatic or out. They ended up out. activities and a greater proportion in­ to pork-barrel and casework activities. The redress of a congressional bal­ As a result, today's congressmen make ance between the two parties may well rela_tively fewer enemies and relative- require a sunset law for congressmen. Such limits are obviously in the GOP's than Congress because a pres~dent!al partisan interest but they are also in election depends less on constiuuent the national interest as well. The casework and porkbarrelling than does current congressional setup has the that of a congressman. Theinterests ironic,effect of increasing the advan­ of Republicans lie as much in a cit­ tages of incumbency while decreasing izen legislature as Carter's lay in a the respect in which Congress as an citizen Presidency. institution is held. Congress is being depoliticized in somewhat the same way The GOP has as much chance of oust­ critics of the Federal Bureau of Inves­ ing Democratic incumbents as they do tigation repeatedly demand that it be of firing civil'servants. The rules depoliticized. The net effect of de­ which Congress has enacted to govenn politicization is to make Congress less ethics and elections are egregiously responsive and more remote. egocentric. To broaden the Republi­ can base in Congress, the GOP may Jimmy Carter got himself elected have to demand that the base of all President as a sort of citizen-candi~ elected officials be broadened and date. The intended impact was to re­ their terms shortened. Congressional store public faith in the Presidency. self-importance will die very hard, Republicans will continue to have a far but Democratic euthanasia is a poli­ greater chance to elect a GOP President tical impossibility •• colleague, Senator Edmund S. Muskie(D) Ripon: Updale and his votes against some of Muskie's' pet causes over the past year have ex­ acerbated the problem. The Maine con­ TENNESSEE Gov. Ray Blanton(D) has I I gressional delegation, although split said he will quit elective politics between two Democratic senators and when his term expires rather than chal­ lenge Sen. Howard Baker, Jr. (R). "I plan two Republican congressmen, has had a relatively uni~ied approach to the on going back into business. I would state's problems in recent years. Now not be a candidate for the U.S.Senate." The state GOP has chosen attorney Tom that Hathaway has been succeeded as del­ egation chairman by U.S.Rep. David Em­ Beasley, who directed the 1974 Lamar ery, Hathaway appears to have black Alexander and 1976 Ford campaigns, to be the next state chairman. Beasley fli~s,under his skin. Hathaway is in a b~t~ng mood because he can't deter­ succeeds Dortch Oldham.
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