Matt Gaetz eying retirement from Congress for job at Newsmax

In perhaps the most visible example of the communications-focused generation of GOP firebrands (such as Marjorie Taylor Greene, Madison Cawthorn, etc), Matt Gaetz is reportedly in early talks with conservative channel Newsmax. According to this article from Axios, he is "seriously considering not seeking re-election" and "leaving Congress early" for a media role with the company. As Gaetz's district is extremely red, it is likely his eventual successor will try to emulate his brash behavior to win the Republican primary in Florida's 1st congressional district.

EDIT: Matt Gaetz is now under investigation by the Justice Department over "whether he had a sexual relationship with a 17-year-old and paid for her to travel with him." Not exactly the publicity he had in mind...

Biden's second bid

News from the Hill: https://thehill.com/homenews/administration/544622-biden-sees-himself-as-a-two-term-president

Since Biden accepted the Democratic nomination, everyone wondered if he would commit to only serving one term. It's likely that we'll continue to hear these rumors until he makes a definitive call one way or the other. The election was close, and it would be risky to throw Democrats back into a primary battle while losing the advantage of incumbency. On the other hand, Biden is already the oldest president in the country's history. A run in 2024 would no doubt bring up questions about his ability to do the job. 

Important quote mentioned in the piece: “Look, I view myself as a bridge, not as anything else,” Biden said on the campaign trail in March 2020. “There’s an entire generation of leaders you saw stand behind me. They are the future of this country.” He has not committed to stepping aside, but he clearly signaled his willingness to pass the torch. Get ready for many more stories like this one, especially two years from now as it becomes time to switch back into campaign mode. 

The Art of the Political Deal

 And to repeat:  Conditions for Deliberative Negotiation (Lawrence, p. 14)

• Acceptable sources of information. 
• Repeated interactions 
• Penalty defaults
• Privacy

Integrative Negotiation and linkage:  It takes a logjam to logroll.

Budget sequestration

Murray-Ryan:  A summary

Coda:  They pretty much gave up on deficit control

Crisis and Scandal as a Prod to Action

Sanders and McCain find a deal

Bernie Sanders and John McCain

Policy Windows and  The Issue-Attention Cycle




Public Lands Case Study

Most public lands are in the West:

 

Public Lands 2019

A couple of quotations about Congress and life in general:

• "At some point somebody has to decide, let's do it the old-fashioned way, which is `one thing I hate for one thing I love.'" (Lawrence, p. 39)
• "Here's a list of what we have to have. Here's a list of the ones we really, really hate. Here's a list of `if you put this language on page 4 we could swallow it.' And then you work that list." (Lawrence, pp. 40-41).

The vehicle

(The military administers 8.8 million acres of land)

The writeup  -- summary of provisions (and an illustration of Archive.org)

THE US DEPARTMENT OF AGRICULTURE IS PRIMARILY A SOCIAL WELFARE AGENCY.

The 2014 farm bill and the "dairy cliff" penalty default (Lawrence, p. 51)

The Ides of March

For Wed, read the rest of the Lawrence book.

From CQ/ Roll Call (update of data on op. 272-277 of Davidson)

From CQ/Roll Call (update of data on p. 284 of Davidson):

Interest group ratings

• WHY WAS THE NRA POWERFUL? IT IS NOT THE MONEY
• The "Daschle Loophole" -- his ill-fated HHS nomination
• Lobby numbers
• A graphic
• Deregistration 
• Think tanks
• Consultants
• Recognition and awards
• Philanthropy
• Politicians' charities (see the rule, pp. 347-349)
• Rent-a-friend as deep lobbying
• Lobbyist cites letter that he ghost-wrote!
• A summary

Conditions for Deliberative Negotiation

• First, participants must agree to acceptable sources of information. In some cases, the various sides rely on their own partisan facts; however, in other cases, the negotiation setting builds in an explicit role for nonpartisan third parties or technical expertise.
• Second, a bargaining situation includes implicit decisions about patterns of interaction among participants; in particular, the decision to incorporate repeated interactions among parties may help to overcome myopia-inducing short-term and zero-sum calculations. The fear of each party that others will not cooperate (e.g., in the prisoner’s-dilemma game) creates incentives for short-term, self-interested choices. Bringing participants together in repeated engagements facilitates future punishments for uncooperative behavior and, consequently, fosters trust and commitment.
• Adam Smith was clear on the concept: "A dealer is afraid of losing his character and is scrupulous in observing every engagement. When a person makes perhaps twenty contracts in a day, he cannot gain so much by endeavouring to impose on his neighbour, as the very appearance of a cheat would make him lose. When people seldom deal with one another, we find that they are somewhat disposed to cheat, because they can gain more by a smart trick than they can lose by the injury which it does their character."
• Third, decisions must be made about the consequences for nonaction in a negotiation process. Setting penalty defaults may move negotiators toward action, overcome blocking coalitions, and improve the chances for agreement
• Finally, decisions must be made about the degree of autonomy and privacy accorded to negotiators. In general, privacy boosts negotiators’ capacities to bargain effectively by producing some autonomy from influences that try to shift the focus away from the core objects of negotiation or that insist on hard-line positions opposed to compromise

NY Senators Cave on Cuomo

New York Governor Andrew Cuomo's political prospects continue to tank as NY state and federal elected officials have called for him to resign, including Rep. AOC. However, the state's two Democratic Senators (Sen. Gillibrand and Schumer) were noticeably silent on their former ally, only stating that they wished for the investigation to proceed unhindered. They have, however, broken their silences today, issuing the following statement:

It's interesting to note the contrast between the speed at which members from mostly progressive districts pounced on Gov. Cuomo and the lack of swift action by the two Senators. This drives home a concept that we've discussed in class earlier: Senators have to appeal to a broad, diverse swathe of the population. New York is a massive state with progressive, moderate, and conservative voter blocs. The two New York senators, wanting to hold onto support from moderate Democrats who may still support Cuomo, were likely hoping that public pressure on the Governor would subside (they had refused to comment on Cuomo's predicament beyond supporting a full investigation). That has not happened, leading to today's announcement.  

The House Rules Committee in Cartoon Form

 

Meet the traffic cop of Congress: The House Rules Committee

Every bill that comes to the floor, goes through this panel. Our cartoonist @wuerker caught up with the committee’s chairman, @RepMcGovern, to learn how the panel operates and who’s involved. pic.twitter.com/sk0vzRsIiF

— POLITICO (@politico) March 7, 2021

Senate Procedure as a Tool

 This article lays it out, but in sum, the Senate deliberation today (Friday 3/5) over unemployment benefits in the relief bill was conducted by stalling the close of an amendment vote so Democrats had time to ensure how senators (Joe Manchin) would vote on upcoming amendments on this issue. The article states the vote was "a record 11 hours and 50 minutes." Very cool application of procedure to achieve objectives.

Legislative Process IV

Witness prep -- it works

Origin of bills:  sometimes "I'm Just a Bill" does work.

TO ANALYZE A ROLL-CALL VOTE,  LOOK AT THE EXCEPTIONS

Strategies and tactics

COSPONSORSHIP (Davidson 266)

• House and Senate
• A 2020 example

INTEREST GROUPS

• BTU'd

Continuing resolutions and  Shutdowns!

Trump Version

Debt limit:

The Bipartisan Budget Act of 2019 (P.L. 116-37) suspended the debt limit until August 1, 2021. Upon reinstatement, the act provides for a debt limit adjustment to accommodate borrowing activity that occurred during the suspension. If action has not been taken to prevent a binding debt limit as the end of the suspension approaches, the Treasury Secretary may elect to exercise “extraordinary measures” to stay beneath the debt limit.

Using votes in campaigns 

Simulation Procedure 2021 (Tentative)

 Welcome to the simulation! You are joining the Zoom version of an old tradition, invented in the 1970s by Profs. Jerome Garris of Claremont McKenna College, Walter Zelman of Pitzer, and Daniel Mazmanian of Pomona. Professors David Menefee-Libey of Pomona and Dana Ward of Pitzer developed it further.

IN READING THE FOLLOWING, KEEP IN MIND THAT THE INSTRUCTOR MAY CHANGE ANY RULE OR PROCEDURE AT WILL IN ORDER TO FINISH THE SIMULATION ON TIME.

Each participant will a current senator. Students will keep faith with their members' public views and operating styles.  Players should always ask themselves:  "What would the person I'm playing do in this particular situation?"  Players are, however, free to be more vigorous than their real-life counterparts. 

The four stages in the Zoom simulation are 

1. Presidential statement and the opposition response;
2. Committee hearings;
3. Committee markups;
4. Floor session. 

A debriefing may take place the Monday after the simulation.

In addition to the scheduled sessions, participants may use Zoom or other electronic means to hold party or committee caucuses. DIY: These caucuses do not require the participation of the instructor.

All bills must go via Google Docs or email to both party leaders and all members of the committee by 11:59 pm of the Saturday before simulation, to allow all members to study the proposals and consider amendments.  No bill reported out of committee may be longer than 10 pages (single-spaced, 12-point type on standard paper (virtual) with 1-inch margins).

In committee and on the floor, all voting will take place by show of hands or Zoom polling.  (The real Senate does roll calls, but time constraints rule out that method.)

Presidential statement and opposition party response. (Monday, March 22)

Democrats will recruit a student or alum of the Claremont Colleges to portray the actual current president. The President will begin the simulation by presenting his views on policy matters under consideration.  The opposition party may choose to present a response.

Committee hearings. (Monday, March 22 and Wednesday March 24 )

All bills to be considered must go to both party leaders by 11:59 PM on Saturday before the simulation, to allow all members to investigate the proposals and consider amendments.  All bills related to policy matters will be referred to committee.  No bill reported out of committee may be longer than 10 pages (single-spaced, 12-point type on standard paper with 1-inch margins).

The committee chair or her/his designee will preside the work of the committee.

Any schedule and rules for procedure within each committee shall be by agreement between the chair and ranking of that committee if not specified already by this document.  No committee meetings beyond those already in this document may take place without the consent of the ranking minority member of the committee.

No committee business may proceed in the absence of a quorum constituted by at least a majority of the committee's members, and including at least one member of the minority party.  The purpose of this quorum rule is to ensure minority participation, not to encourage dilatory tactics.  The course instructor reserves the right to respond appropriately to abuse of the rule.

Each committee will conduct hearings in order to develop at least one bill.  Students and alums of the Claremont Colleges may play witnesses.  The parties should recruit witnesses and help them prepare.  Witnesses will appear before the committee to present testimony for or against the legislation and answer the committee members' questions.

• The chair of the committee may begin with short welcoming remarks and may read an opening statement outlining his or her views on the legislation. The ranking member and other committee members may have opening remarks of their own.
• Witnesses may testify individually or in panels (groups).
• Each witness opens with a brief statement for or against the bill in question.
• Each witness may provide as elaborate a presentation, with charts or other aids, as time allows. Such decisions are wholly within the control of the committee members.
• The chair starts the questioning, followed by the ranking member. The questioning alternates back and forth from Republican to Democrat until the least senior member on each side of the aisle has been heard. (Variants: Some committees use a "first come, first heard" system, in which members are recognized for questions in the order in which they arrived at the session. The chair and ranking member may negotiate situations in which only a limited number of committee members ask questions. Use of these variants must gain unanimous consent.)
• Each member is usually allotted time (for example, five minutes) to question each witness before the committee. The chair usually determines the time allotted for questioning as the session proceeds, given the constraints of time allotted for the entire session. The chair is sole judge of the time expended by each member and cannot be questioned officially as to whether the count is accurate. If there is time left over, the chair may divide it among those members who have further questions.
• The chair usually concludes the questioning.

As a means of maintaining decorum, no member may disparage another member. Any violation may be subject to appropriate action by the committee and the Senate. Each member must address colleagues with respect. Appropriate forms of address are "My distinguished colleague," or "I am happy to yield to my colleague from the state of ---," or "I do not wish to yield any of my time to the Senator from ---," and so forth.

The chair shall not allow personal accusations or any derogatory statements against witnesses. The chair should respond appropriately to violations of this rule. Responses may include a warning to the member about the inappropriate conduct and in extreme cases expulsion from the chamber. Witnesses will have time to present their testimony as the chair deems appropriate. Witnesses should summarize their testimony. Witnesses may not question the members of the committee except by their permission

Markup (Monday, March 29)

During markup, committees consider bills and engage in brief deliberations. The goal is to have each committee vote out at least one final bill for consideration by the full Senate. Members may amend or rewrite any bill. The number and order of bills considered by the committee shall be by agreement of the chair and ranking member. Time is short, so the number of bills must be small.

The committee chair or the chair's designee shall preside over each committee, including markup and voting. The presiding officer shall maintain a semblance of parliamentary order.

Members should agree to markup procedure before they begin considering amendments. Such ground rules bring order to the consideration of bills.

For example, the committee may begin consideration of a bill in markup with the first title, or first section, and continue through the last title and last section. Alternately, they may consider amendments on a first-come, first-served basis and work until a bill can command a majority vote. Again, the aim is to report at least one bill to the Senate with whatever amendments the committee approves.

• Germaneness. The Senate and its committees may consider only those amendments that relate to the legislation. If the amendment in question does not fall within the area of the bill, it is subject to a point of order of "nongermaneness" and can be stricken. Whether an amendment is germane is determined by the presiding officer; that decision is subject to a vote, if called, by the full subcommittee or committee.  Under the circumstances, and like the real Senate, we shall avoid being hypertechnical about germaneness.
• Origin of Amendments. Any member of the committee can present an amendment to a pending bill as long as that amendment is germane. Amendments must be seconded.
• Quorum. In this simulation, a quorum requires at least a majority of the committee's members.  
• Recognition for Points of Order. If a member seeks recognition for a point of order, that member must be recognized. The member must then state the point of order succinctly, and it must relate to a suspected violation of rules upon which the chair must rule. Similarly, a member may seek to be recognized for a parliamentary inquiry, in which the member seeks to clarify the present status of debate, discussion, rights, or rules upon which that member is not clear and is seeking advice or a ruling from the chair at a later time. This course in only for a genuine inquiry, not messaging or partisan gamesmanship. A member may be ruled out of order by if the chair determines that the inquiring member does not seek to make a germane inquiry. Time is short, so the instructor will frown on dilatory tactics.
• Majority. All votes within the committee will require a simple majority of votes.

At the end of the markup session, the committee must vote whether to report the bill. The chair calls for a  vote and counts the yeas and nays. Here are some of the options the committee has in reporting a bill:

• Report the bill without amendment: the committee makes no changes to the text of the bill as introduced.
• Report the bill with one comprehensive amendment: the committee adopts what is called an amendment in the nature of a substitute (that is, it strikes all text after the enacting clause and substitutes the text of the amended bill approved by the committee).
• Report the bill with a series of discrete amendments: the committee may adopt multiple amendments.
• Order a clean bill reported: a clean bill is simply the original bill, along with the amendments adopted by the full committee, which is introduced again and assigned a new number.
• Report unfavorably or adversely: committees rarely report a bill adversely because it is easier simply to kill the legislation in committee. (This latter course is not an option in the simulation.)

To make a motion to report the bill (as amended), you would say, "Mr. Chairman (or Madam Chairman), I move that the committee report the bill (as amended). When the full committee has approved the motion, the bill is reported.

Floor Action (Wednesday, March 31)

In the final stage, all legislators debate and act on the measures reported by the committees.

The majority leader will name a member to preside over the full session of the Senate, acting as the President of the Senate Members will address the Presiding Officer as Madam or Mister President.

The Presiding Officer will maintain a semblance of parliamentary order and will rule on all parliamentary inquiries. The majority and minority leaders will jointly decide on any rules governing debate not specified in this document, subject to the instructor's approval. In the simulation, these rules will not be subject to objection.  The instructor will have the last word on any disputes.

The quorum required for conducting business on the Senate floor consists of at least a majority of all members.  (Past simulations included walkouts in attempts to deny a quorum.  Again, we do not have time for such tactics this year.)

Bills will come up sequentially, in whatever order the party leaders deem appropriate. The majority leader and minority leader shall negotiate a "unanimous consent agreement" for consideration of all bills providing for scheduling and amendment rules for each. The "unanimous consent agreement" will specify which amendments will be in order. Each bill will have a brief period of debate, evenly divided between majority and minority members.

The bills will be presented by a majority floor manager to be designated by the majority leader (it will usually be the chair of the relevant committee). As floor managers, the committee chair and the ranking minority member (or their designee) control the allocation of the debate time under the rule. Members of the committee get first preference, followed by other members of the Senate.

The presiding officer recognizes the majority and minority floor managers for debate. To begin debate time, the floor manager says: "Madam President (or Mr.  President), I yield myself such time as I may consume."

The majority floor manager, who introduces the bill, explains the bill, and begins the general debate, is followed by the minority floor manager. The Presiding Officer then alternates in recognizing the majority and minority floor managers, who then yield time to their partisan colleagues. Senate members are granted time in minutes or blocks of minutes. Majority and minority floor managers are responsible for monitoring usage of time. Members desiring to speak on the measure will arrange time in advance with the floor manager.

Debate expires at the end of the time allotted under the rule or when all requests for time have been honored, if earlier. To end debate time, the floor manager says, "Mr. President (or Madam President), I have no further requests for time and yield back the balance of my time."

At the end of the initial debate period, the amendment process starts. The amendments will come up according to the " unanimous consent agreement." The author of the bill can speak about the amendment for one minute.

After all debate and voting on amendments, the Presiding Officer announces that "under the rule, the previous question is ordered." Debate stops, and the Senate votes measure before it.

Final recorded votes take place on each measure as well as on major amendments. Passage of floor amendments shall be by simple majority.  Final floor passage of bills shall require at least one member of the minority party.

GENERAL DECORUM: SOME TIPS ON BEING A SENATOR

As participants in this legislative exercise, you and your colleagues will gain from the experience what you put into it. Stick to your role at all times and prepare carefully

•  You are always speaking to the chair.
•  A member must attract the chair's attention by saying "Mr. Chairman" (or "Madam Chairman") in committee, or "Mr. President" (or "Madam President") in full session.
•  Thus, remarks commonly begin with "Mr. (or Madam) Chairman" in committee, or "Mr. President" in full session.
•  Do not refer to your colleagues directly when addressing a committee or the chamber. For instance, if you wish to comment on the remarks of a colleague you would say, "Mr. (or Madam) Chairman, my distinguished colleague from Maryland has just said black is white and I would like to point out that . . . ."
•  To ask a question or to make a comment while another member is speaking, you would say, "Mr. (or Madam) Chairman, will the gentleman (gentlewoman) yield?"
•  You should refer to yourself as "I."
•  To signify the conclusion of your remarks: "I yield back the balance of my time."
•  To ask for clarification of the parliamentary situation: "A parliamentary inquiry, Mr. (or Madam) Chairman."
•  To do something not permitted by the rules: "I ask unanimous consent that . . . ."
•  To discuss or ask for clarification of a unanimous consent request: "Reserving the right to object . . . ."
•  To enforce a rule: "I make a point of order against on the grounds that . . . ."
•  The legitimate purpose of "a point of information" is to ask a question, not to inject one's view of the facts of a situation.
• Remember that time is short. Avoid dilatory tactics.

GUIDELINES ON 
PARLIAMENTARY PROCEDURE

Simulation 2021 Roles

Judiciary Republicans

• Grassley — Graham Rowe
• Graham — Sam Boorstyn
• Cruz — Natalie Gould
• Sasse — Thayer Breazeale
• McConnell— Hunter Thompson

Judiciary Democrats

• Durbin — Melinda Ximen
• Feinstein — Sophie Grossman
• Klobuchar — Eman Hamid
• Schumer — Nate Weisberg

Foreign Relations Republicans

• Risch—  Shanil Verjee
• Rubio — Tyler Carmichael
• Romney— Amanda Avery
• Portman — Salome Lefort
• Paul — Jordan Venglass

Foreign Relations Democrats

• Menendez — Tyler Craigwell 
• Shaheen — Julian Thesseling
• Booker — Emma Goldfield
• Schatz — Tessa Guerra

Vote-A-Rama!

Olivia Beavers at Politico:

$1.9T ‘TIL INFINITY: Senate Democrats are on the verge of passing President Joe Biden’s $1.9 trillion stimulus bill, with GOP leaders urging their members to unanimously oppose it. But Republicans are still debating how painful to make things for Democrats.

The Senate GOP is discussing whether to drag out the “vote-a-rama” of unlimited amendments overnight, likely on Thursday.

“I’m hoping for infinity. There are people talking about trying to set up a schedule and having it go on and on,” said Sen. Rand Paul (R-Ky.).

He said some in his party want to go all night overnight and keep adding amendments, while he has suggested to Majority Leader Chuck Schumer (D-N.Y.) to spread the pain over two days. Of course his preference is that the debate literally never ends: “I don’t really want it to pass, so infinity would be a good answer.”

Elections Daily Redistricting Tool

Came across this interactive redistricting tool that allows the user to choose a state and select one of fair, Republican gerrymander, Democratic gerrymander, or compact by shape and see how congressional district boundaries change. I think it is fun and interesting to choose among these selections and think about the impact that gerrymandering will have on congressional majorities in the near future (as Dave Wasserman ponders in this twitter thread about Florida).

Filibuster Flip-Flops

 

Both sides flip-flop on the filibuster (2013):

 

Legislative Process III

 TERMINOLOGY

• Make sure to use CQ resources
• GovTrack

The floor

• Rules Committee
• The suspension calendar
• The end of open rules in the House
• Motion to proceed 
• Motion to recommit 
• The Heritage take on recent changes
• Minority still trying to use it.

Filibuster (Straus ch. 10) 

• Flip-flops
• Exception: Reconciliation
• Exceptions:  base closings and Fast Track (Straus, ch. 12)
• Exception:  THE NATIONAL EMERGENCIES ACT  -- HJ RES 46 

The Basic Amendment Tree, Senate Version -- See Straus 218-220:

A CRS report on Senate amendments:

Senate precedents set out three principles of precedence among amendments that are directed to the same text: 

1. A second-degree amendment has precedence over a first-degree amendment;
2. A motion to insert and a motion to strike out and insert have precedence over a motion to strike out; and
3. A perfecting amendment (and an amendment to it) has precedence over a substitute amendment (and an amendment to it). 

The first of these principles is axiomatic. A second-degree amendment is an amendment to a first degree amendment, and it must be offered while the first-degree amendment is pending—that is, after the first-degree amendment has been offered but before the Senate has disposed of it. The Senate also acts on an amendment to a first-degree amendment before it acts on the first-degree amendment itself. So this principle conforms to Senate practice under both meanings of precedence.

It may be helpful in understanding the second two principles to think about decisions the Senate needs to make about a text. Changing the text of an amendment, through a second-degree amendment, could “cure” a problem Senators may have had with the amendment’s original language. That could obviate the need to strike out the text 

Senate Procedure and Rule XIV  "I object to my own request"

Therefore, through objection, a bill after two readings is prevented from being referred to
committee and is placed directly on the Senate’s Calendar of Business. It is usually the majority leader (or a Senator acting in the majority leader’s stead), acting on his own or at the request of any other Senator, who objects to “further proceeding”—committee referral—on a measure.

Other processes

• Vote-a-Rama  (Straus 226)
• Hotlining  -- a 2019 example
• Earmarking into Phonemarking
• BTU'd
• Alternative to conference:  "message between houses" or Ping-ponging