UNDERDOG POLITICS YY66555555..iinnddbb ii 1100//88//1144 33::0099::3377 PPMM This page intentionally left blank MATTHEW N. GREEN Underdog Politics The Minority Party in the U.S. House of Representatives NEW HAVEN AND LONDON YY66555555..iinnddbb iiiiii 1100//88//1144 33::0099::3377 PPMM Published with assistance from the Louis Stern Memorial Fund. Copyright © 2015 by Matthew N. Green. All rights reserved. This book may not be reproduced, in whole or in part, including illustrations, in any form (beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), without written permission from the publishers. Yale University Press books may be purchased in quantity for educational, business, or promotional use. For information, please e-mail [email protected] (U.S. offi ce) or [email protected] (U.K. offi ce). Set in Janson type by Newgen North America Printed in the United States of America Library of Congress Cataloging-in-Publication Data Green, Matthew N., 1970– Underdog politics : the minority party in the U.S. House of Representatives / Matthew N. Green. pages cm Includes bibliographical references and index. ISBN 978-0-300-18103-6 (paperback) 1. United States. Congress. House. 2. Political parties—United States. 3. Opposition (Political science)—United States. 4. Republican Party (U.S. : 1854– ) 5. Democratic Party (U.S.) 6. United States—Politics and government—1945–1989. 7. United States—Politics and govenment—1989– I. Title. JK1319.G74 2015 328.73′0769—dc23 2014017645 A catalogue record for this book is available from the British Library. This paper meets the requirements of ANSI/NISO Z39.48-1992 (Permanence of Paper). 10 9 8 7 6 5 4 3 2 1 YY66555555..iinnddbb iivv 1100//88//1144 33::0099::3377 PPMM CONTENTS Preface vii one The Politics of the Minority Party 1 two Electioneering 34 three Messaging 71 four Obstructing 113 fi ve Legislating 142 six The Minority Party and American Politics 179 Notes 191 Bibliography 237 Index 267 YY66555555..iinnddbb vv 1100//88//1144 33::0099::3377 PPMM This page intentionally left blank PREFACE It was a warm late morning in early August, but it was not the weather that made the day so peculiar. The Republican cloakroom, located just off the fl oor of the U.S. House of Representatives and normally off-limits to all but members of Congress and their staff, was being used as a thoroughfare for dozens of tourists. They were walking through a room normally used by G.O.P. lawmakers to get to the fl oor, make a phone call, eat a snack, chat with colleagues, or just rest in a comfortable chair. In fact, the presence of anyone in the cloakroom was unusual because the House was not even in session; the room should have been empty altogether. But this was no ordinary summer day. Congress was indeed in re- cess, but many congressional Republicans had refused to go home to their districts. Instead, they were preparing to convene an extremely unusual “mock” session on the fl oor of the House. There would be no C-SPAN coverage and no microphones. The public would be welcome to come to the fl oor to watch. And with both the Demo- cratic cloakroom and the chamber’s other doors shut to outsiders, the G.O.P. cloakroom was the only entryway available to visitors. Groups of them were being guided through the room to the fl oor by congressional staff to join a growing audience of curious citizens. By quarter past eleven, the cloakroom’s low-lying chairs were lit- tered with visitors’ bags, cameras, cell phones, and other items that were prohibited in the House chamber. Over a hundred people were seated inside waiting to hear from the seventeen Republicans who would give speeches. The theme of the day—indeed, of the entire exercise—was that Democrats, the majority party in the House, had abdicated their legislative responsibilities: gasoline prices were $3.80 per gallon, just below an all-time high of $4.10 reached in mid-July, and yet the ruling party had recessed the House and its vii YY66555555..iinnddbb vviiii 1100//88//1144 33::0099::3377 PPMM PREFACE members had returned to their districts. It was the fi fth day of the Republicans’ “mock” fl oor session, and they would doggedly repeat the routine daily for another four weeks. In politics, as in life, not everyone can be the winner. This book is about the losers. Specifi cally, it is about one set of losers in particular: those who belong to the party in the U.S. House that holds fewer congressional seats than the other party. Why do I focus on them? It stems in part, I suppose, from being raised by parents who often rooted for the underdog, whether it was people subject to discrimi- nation, quixotic presidential candidates, or hapless sports teams. But I also chose this topic because I believe that the losers in a democracy are never hopeless. In fact, one of the themes of the book is that the minority party in the U.S. House can win: in elections, in policy decisions, in presidential politics, and in the way they are treated in Congress. Even when it does not, which is often, it still seeks out and exploits any opportunities it can to secure its goals and protect its interests, even occasionally innovating new ones like the August “mock” session. The House minority party is a neglected stepchild, assumed to be a single-minded seeker of majority status without importance or infl uence. Perhaps this is why so few books have been written about it. But after collecting and analyzing a variety of data on the minority party, including archival material, fl oor votes, procedural motions, and speeches in the Congressional Record, and conducting forty inter- views with current and former lawmakers and staff, I have concluded that the minority party is, in fact, not only important but also illus- trative of key (and sometimes underappreciated) features of legisla- tive politics. Its ability to infl uence political outcomes despite lacking many formal powers is a good sign, I think, for our democracy: the minority party does represent an important segment of the popula- tion. At the same time, however, the minority party’s positive—as opposed to negative—contribution to policy-making has diminished in recent decades, and its primary means of infl uence have shifted from lawmaking to symbolic messaging. As I will argue in the con- clusion, this trend is disturbing, the fault of both an irresponsible viii YY66555555..iinnddbb vviiiiii 1100//88//1144 33::0099::3377 PPMM PREFACE minority party and an arrogant majority party, Democrats and Re- publicans both. There are many people I have to thank for helping bring this book to fruition. My seven-month-old daughter and I were fortu- nate enough to be present at the Republican “mock” session in Au- gust 2008, an experience that helped inspire this study. For that, I owe considerable gratitude to John Stipicevic, a leadership aide on Capitol Hill and former Catholic University student who invited my daughter and me to witness the unusual August protest. Colleen Shogan of the Congressional Research Service graciously invited me to present my early research on procedural motions by the minority party to her CRS colleagues. It was at a follow-up luncheon with some of those colleagues that one of them, Jim Saturno, suggested I turn what was then a rather narrow project into a broader study of the minority party in Congress. This book is the result. Financial support came from several sources. The Institute for Policy Research and Catholic Studies (IPR) provided invaluable re- search funding, and I am particularly thankful to the Institute’s direc- tor, Steven Schneck, for giving me a place to work when an earth- quake forced the evacuation of the politics department at Catholic University. Additional fi nancial assistance was made available by a generous research grant from the Dirksen Center. I also am in debt to the many members of Congress and congres- sional staffers, both current and former, who willingly took time from their busy schedules to be interviewed (mostly anonymously) for this book. Their insights and observations were invaluable, enlightening, and often highly entertaining. Win Boerckel, Alison Dagnes, Linda Dooley, Rochelle Dornatt, John Feehery, Daniel Petri, Troy Phil- lips, former congressman Al Swift, James Wallner, Dan Wirls, and Don Wolfensberger were among those who provided help in secur- ing interviews. I was fortunate to have the help of several outstanding research assistants with gathering data for the book, including Josiah Baker, Robert Christian, Greg Collins, Daniel Davy, Darrell Rogers, K risten ix YY66555555..iinnddbb iixx 1100//88//1144 33::0099::3377 PPMM