Congressional government

by Woodrow Wilson

The reports made during these scant morning hours are ordered to be printed, for future consideration in their turn, and the bills introduced by the Committees are assigned to the proper calendars, to be taken up in order at the proper time. When a morning hour has run out, the House hastens to proceed with the business on the Speaker's table.

These are some of the plainer points of the rules. They are full of complexity, and of confusion to the uninitiated, and the confusions of practice are greater than the confusions of the rules. For the regular order of business is constantly being interrupted by the introduction of resolutions offered "by unanimous consent," and of bills let in under a "suspension of the rules." Still, it is evident that there is one principle which runs through every stage of procedure, and which is never disallowed or abrogated,—the principle that the Committees shall rule without let or hindrance. And this is a principle of extraordinary formative power. It is the mould of all legislation. In the first place, the speeding of business under the direction of the Committees determines the character and the amount of the discussion to which legislation shall be subjected. The House is conscious that time presses. It knows that, hurry as it may, it will hardly get through with one eighth of the business laid out for the session, and that to pause for lengthy debate is to allow the arrears to accumulate. Besides, most of the members are individually anxious to expedite action on every pending measure, because each member of the House is a member of one or more of the Standing Committees, and is quite naturally desirous that the bills prepared by his Committees, and in which he is, of course, specially interested by reason of the particular attention which he has been compelled to give them, should reach a hearing and a vote as soon as possible. It must, therefore, invariably happen that the Committee holding the floor at any particular time is the Committee whose proposals the majority wish to dispose of as summarily as circumstances will allow, in order that the rest of the forty-two unprivileged Committees to which the majority belong may gain the earlier and the fairer chance of a hearing. A reporting Committee, besides, is generally as glad to be pushed as the majority are to push it. It probably has several bills matured, and wishes to see them disposed of before its brief hours of opportunity[20] are passed and gone.

Consequently, it is the established custom of the House to accord the floor for one hour to the member of the reporting Committee who has charge of the business under consideration; and that hour is made the chief hour of debate. The reporting committee-man seldom, if ever, uses the whole of the hour himself for his opening remarks; he uses part of it, and retains control of the rest of it; for by undisputed privilege it is his to dispose of, whether he himself be upon the floor or not. No amendment is in order during that hour, unless he consent to its presentation; and he does not, of course, yield his time indiscriminately to any one who wishes to speak. He gives way, indeed, as in fairness he should, to opponents as well as to friends of the measure under his charge; but generally no one is accorded a share of his time who has not obtained his previous promise of the floor; and those who do speak must not run beyond the number of minutes he has agreed to allow them. He keeps the course both of debate and of amendment thus carefully under his own supervision, as a good tactician, and before he finally yields the floor, at the expiration of his hour, he is sure to move the previous question. To neglect to do so would be to lose all control of the business in hand; for unless the previous question is ordered the debate may run on at will, and his Committee's chance for getting its measures through slip quite away; and that would be nothing less than his disgrace. He would be all the more blameworthy because he had but to ask for the previous question to get it. As I have said, the House is as eager to hurry business as he can be, and will consent to almost any limitation of discussion that he may demand; though, probably, if he were to throw the reins upon its neck, it would run at large from very wantonness, in scorn of such a driver. The previous question once ordered, all amendments are precluded, and one hour remains for the summing-up of this same privileged committee-man before the final vote is taken and the bill disposed of.

These are the customs which baffle and perplex and astound the new member. In these precedents and usages, when at length he comes to understand them, the novice spies out the explanation of the fact, once so confounding and seemingly inexplicable, that when he leaped to his feet to claim the floor other members who rose after him were coolly and unfeelingly preferred before him by the Speaker. Of course it is plain enough now that Mr. Speaker knew beforehand to whom the representative of the reporting Committee had agreed to yield the floor; and it was no use for any one else to cry out for recognition. Whoever wished to speak should, if possible, have made some arrangement with the Committee before the business came to a hearing, and should have taken care to notify Mr. Speaker that he was to be granted the floor for a few moments.

Unquestionably this, besides being a very interesting, is a very novel and significant method of restricting debate and expediting legislative action,—a method of very serious import, and obviously fraught with far-reaching constitutional effects. The practices of debate which prevail in its legislative assembly are manifestly of the utmost importance to a self-governing people; for that legislation which is not thoroughly discussed by the legislating body is practically done in a corner. It is impossible for Congress itself to do wisely what it does so hurriedly; and the constituencies cannot understand what Congress does not itself stop to consider. The prerogatives of the Committees represent something more than a mere convenient division of labor. There is only one part of its business to which Congress, as a whole, attends,—that part, namely, which is embraced under the privileged subjects of revenue and supply. The House never accepts the proposals of the Committee of Ways and Means, or of the Committee on Appropriations, without due deliberation; but it allows almost all of its other Standing Committees virtually to legislate for it. In form, the Committees only digest the various matter introduced by individual members, and prepare it, with care, and after thorough investigation, for the final consideration and action of the House; but, in reality, they dictate the course to be taken, prescribing the decisions of the House not only, but measuring out, according to their own wills, its opportunities for debate and deliberation as well. The House sits, not for serious discussion, but to sanction the conclusions of its Committees as rapidly as possible. It legislates in its committee-rooms; not by the determinations of majorities, but by the resolutions of specially-commissioned minorities; so that it is not far from the truth to say that Congress in session is Congress on public exhibition, whilst Congress in its committee-rooms is Congress at work.

Habit grows fast, even upon the unconventional American, and the nature of the House of Representatives has, by long custom, been shaped to the spirit of its rules. Representatives have attained, by rigorous self-discipline, to the perfect stature of the law under which they live, having purged their hearts, as completely as may be of all desire to do that which it is the chief object of that law to forbid by giving over a vain lust after public discussion. The entire absence of the instinct of debate amongst them, and their apparent unfamiliarity with the idea of combating a proposition by argument, was recently illustrated by an incident which was quite painfully amusing. The democratic majority of the House of the Forty-eighth Congress desired the immediate passage of a pension bill of rather portentous proportions; but the republican minority disapproved of the bill with great fervor, and, when it was moved by the Pension Committee, late one afternoon, in a thin House, that the rules be suspended, and an early day set for a consideration of the bill, the Republicans addressed themselves to determined and persistent "filibustering" to prevent action. First they refused to vote, leaving the Democrats without an acting quorum; then, all night long, they kept the House at roll-calling on dilatory and obstructive motions, the dreary dragging of the time being relieved occasionally by the amusement of hearing the excuses of members who had tried to slip off to bed, or by the excitement of an angry dispute between the leaders of the two parties as to the responsibility for the dead-lock. Not till the return of morning brought in the delinquents to recruit the democratic ranks did business advance a single step. Now, the noteworthy fact about this remarkable scene is, that the minority were not manœuvring to gain opportunity or time for debate, in order that the country might be informed of the true nature of the obnoxious bill, but were simply fighting a preliminary motion with silent, dogged obstruction. After the whole night had been spent in standing out against action, the House is said to have been "in no mood for the thirty-minutes' debate allowed by the rules," and a final vote was taken, with only a word or two said. It was easier and more natural, as everybody saw, to direct attention to the questionable character of what was being attempted by the majority by creating a somewhat scandalous "scene," of which every one would talk, than by making speeches which nobody would read. It was a notable commentary on the characteristic methods of our system of congressional government.

One very noteworthy result of this system is to shift the theatre of debate upon legislation from the floor of Congress to the privacy of the committee-rooms. Provincial gentlemen who read the Associated Press dispatches in their morning papers as they sit over their coffee at breakfast are doubtless often very sorely puzzled by certain of the items which sometimes appear in the brief telegraphic notes from Washington. What can they make of this for instance: "The House Committee on Commerce to-day heard arguments from the congressional delegation from" such and such States "in advocacy of appropriations for river and harbor improvements which the members desire incorporated in the River and Harbor Appropriations Bill"? They probably do not understand that it would have been useless for members not of the Committee on Commerce to wait for any opportunity to make their suggestions on the floor of Congress, where the measure to which they wish to make additions would be under the authoritative control of the Committee, and where, consequently, they could gain a hearing only by the courteous sufferance of the committee-man in charge of the report. Whatever is to be done must be done by or through the Committee.

It would seem, therefore, that practically Congress, or at any rate the House of Representatives, delegates not only its legislative but also its deliberative functions to its Standing Committees. The little public debate that arises under the stringent and urgent rules of the House is formal rather than effective, and it is the discussions which take place in the Committees that give form to legislation. Undoubtedly these siftings of legislative questions by the Committees are of great value in enabling the House to obtain "undarkened counsel" and intelligent suggestions from authoritative sources. All sober, purposeful, business-like talk upon questions of public policy, whether it take place in Congress or only before the Committees of Congress, is of great value; and the controversies which spring up in the committee-rooms, both amongst the committee-men themselves and between those who appear before the Committees as advocates of special measures, cannot but contribute to add clearness and definite consistency to the reports submitted to the House.

There are, however, several very obvious reasons why the most thorough canvass of business by the Committees, and the most exhaustive and discriminating discussion of all its details in their rooms, cannot take the place or fulfill the uses of amendment and debate by Congress in open session. In the first place, the proceedings of the Committees are private and their discussions unpublished. The chief, and unquestionably the most essential, object of all discussion of public business is the enlightenment of public opinion; and of course, since it cannot hear the debates of the Committees, the nation is not apt to be much instructed by them. Only the Committees are enlightened. There is a conclusive objection to the publication of the proceedings of the Committees, which is recognized as of course by all parliamentary lawyers, namely, that those proceedings are of no force till confirmed by the House. A Committee is commissioned, not to instruct the public, but to instruct and guide the House.

Indeed it is not usual for the Committees to open their sittings often to those who desire to be heard with regard to pending questions; and no one can demand a hearing as of right. On the contrary, they are privileged and accustomed to hold their sessions in absolute secrecy. It is made a breach of order for any member to allude on the floor of the House to anything that has taken place in committee, "unless by a written report sanctioned by a majority of the Committee;" and there is no place in the regular order of business for a motion instructing a Committee to conduct its investigations with open doors. Accordingly, it is only by the concession of the Committees that arguments are made before them.