Unorthodox Lawmaking: New Legislative Processes in the U.S. Congress

Rating:
Summary: A Few Holes
Review: In her book, Unorthodox Lawmaking: New Legislative Processes in the U.S. Congress, Barbara Sinclair successfully argues that legislation no longer follows the common "textbook method." Representatives and senators alike have adapted new methods, sending each bill through a different custom-tailored process. Though she leaves a few questions unanswered, Sinclair uses multiple forms of research to paint a clear picture of how legislation is now passed.

Sinclair divides the book into three sections - first analyzing the path bills take, then exploring how and why these processes developed, and finally making an in-depth analysis of these changes through several case studies.

The House, she argues, has grown more efficient through this developmental process. The leadership has seized power through a variety of rules and other manipulations. By shipping bills to what committee it wants (or, in some cases, committees), the leadership can put bills in friendly hands. Post-committee changes make bills passable, and finally the leadership can use rules to craft debate exactly how it wants.

In the Senate, the opposite has happened. Senators have used new methods to gain individual power. Most importantly, Senators have often use filibusters, both covertly and overtly, to prevent the majority from getting its way. The need for a 60 person majority gives a minority senator incredible power.

After this analysis, Sinclair then turns to examine how these changes came about. She suggests that opportunity and necessity drove the changes. As parties became more polarized and constituents demanded more efficient legislation, the Senators looked for ways to outsmart and out manipulate the other side. Ultimately, Sinclair argues that these processes have made passing legislation more efficient. Significant legislation has passed more often when such measures have been applied.

Proving any thesis, including this one is a difficult task. Some books, including the Jacobs/Shapiro book and the Fenno book, lack a strong backbone because they rely on only one method of research that each have obvious shortcomings. Sinclair avoids this mistake, opting for a variety of research methods that paint a broad and tightly constructed picture.

The first method Sinclair turns to is statistical data. Multiple charts confirm Sinclair's argument that the legislative process is becoming more complex. Figure 5.1 notes a distinct and obvious trend towards the use of more special maneuvers. Later figures confirm these trends (at least to a degree) in the Senate.

As evidenced in Jacobs and Shapiro, statistical evidence does, however, have its limit. Sinclair successfully researches history and changing political dynamics to explain the statistics, not leaving them to stand on their own ground. Of course, this method has its drawbacks. The reader is forced to accept Sinclair's interpretation and conclusions. Nonetheless, there is no better method to interpret the data, and Sinclair seems to have done her homework, presenting a thoughtful and well researched chapter.

Finally, Sinclair uses another method to bring her point together. Standing alone, case studies do not pass muster; they are simply too narrow to make broad generalizations. When taken in the context of statistical data and interpretations, however, they effectively bring the numbers to life. Sinclair starts by examining the National Service Bill. She highlights a more or less traditional process. The reader does, however, see several uses of non-traditional methods, particularly in the Senate, where a filibuster threat and a non-germane amendment give the minority quite a voice. By the time the Omnibus Health Bill was passed, Sinclair describes a process that was completely different. The bill is sculpted and directed at every turn. The reader sees a clear difference from the first case study to the last.

Using these methods, Sinclair does paint a convincing picture. However, she leaves some notable holes. The first concerns the role of the President in the legislative process. In her initial analysis (chapters 1 through 5), she considers the president only briefly, mentioning his veto power and the occasional need for a summit. Surely, the president's role is not limited to a brief meeting. From reading the case studies, it becomes obvious the president is often influential, even a driving force in legislation. Why is the president's role essentially ignored in her descriptive analysis?

Sinclair's ultimate conclusion is that "unorthodox lawmaking" makes legislating more efficient, but she seems to recklessly add that legislation will now "reflect the will of the people." Through examination of this book, I have encountered scant evidence that would suggest this to be true. The new tools are used to overcome the power of the opposing party; how this reflects public opinion is not seriously addressed.

In fact, Sinclair offers little proof that new legislative processes have significantly increased responsiveness to the general public. By making this statement, Sinclair opens a whole new set of inquiry about the dynamics of public opinion and the influence of outside interests. Unfortunately, she can not substantiate any claims in this area. An interesting addendum to this book might include an analysis of how closely legislation's relation to public preference has changed as these processes developed. Another addendum might include an inquiry into how the public sees these processes. Does it further the view that the Congress is simply power driven and unresponsive?

Despite these minor shortcomings, Sinclair nonetheless proves her point. Congress today is a different body than it used to be several decades ago. Legislation no longer follows the textbook method on its way to becoming law. Instead, it takes many different paths and contours, contours that help promote its passage. Unorthodox Lawmaking is a piece of sound research that describes an evolving process.

Rating:
Summary: Good, but other books tell how Congress really works today
Review: Ms. Sinclair has writen a good book, but there are other books that are better at describing how Congress really works.

See the Congressional Deskbook.

The Congressional Deskbook is a unique compendium that puts an enormous amount of information about Congress in one place. The publisher, TheCapitol.Net, publishes a couple of excellent Congress-related items in addition to the Deskbook, including the unique Congressional Operations Poster. Their web site, thecapitol.net, has lots of useful links for anyone interested in Congress and the federal government.

Your best bet is to buy this book and also get the Congressional Deskbook. You can see the publishers web site for more infomaton, thecapitol.net , or the book at CongressionalDeksbook.com The publisher's web site also has a free online glossary of legislative terms.

And if you teach the legislative process, you should also look at the Congressional Operations Poster, at CongressPoster.com or search Amazon for ISBN 1587330067

Rating:
Summary: The Ugly Reality of Lawmaking
Review: There exists a profound difference between the legislative process observed on Capitol Hill and the legislative process described in most U.S. Gov't textbooks and Sinclair's work presents a fluid and well written testament to that fact!
In her preface, she explains that this work was written to help the most nascent student of Congress understand the legislative process, but I would say those without a working knowledge of Congress will not appreciate the nuances in this work.
Sinclair compares historical and even for their time, controversial legislation (Clean Air Act) with the more modern examples of legislation that proved out signficantly more problematic than their earlier counterparts. Moving back and forth between the House and the Senate, she begins to paint the picture of the divisiveness that is partisan politics today.

That Sinclair would write such an ambitious work, is a tribute to her understanding of this body. This book is sophisticated and insightful and should be on the shelves of EVERY student in political science, but particularly those who study Congress.

I would add this disclaimer however, that this book is not for the faint of heart. If one has already developed an abiding mistrust in Congress, this book may only serve to reinforce it. The simple fact is, if more people were exposed to the true nature of "doing the business of the people," they would appreciate the "ugliness of democracy" and embrace it for that! Three cheers to Barbara!