Guidelines and Rules of the Senate Committee - Essay Example

What Are The Guidelines And Rules Of The Senate Committee? Introduction Committees are indispensable if the legislature is to effectively perform its functions. The committee makes it possible for a legislator to attain specialized knowledge of legislative agenda. This is made possible since senate committees are in a constant state of monitoring operation of the government, identifying issues that need to be reviewed, the collection and evaluation of information and recommendation of course of action to the senate. The senate committees are normally divided into standing, special and select, and joint committees1. Members into the committees are appointed by a process set by the senate and also according to the varied rules of the parties. Many of the senators appointed into the committee usually have agendas of pushing the special interests of their constituents in the senate. Party chiefs have on the other hand made use of appointments as a tool of enforcing discipline and excesses of members through the assignment or non assignment of desired projects2. Background In its initial years of operation, senate in a response to the emergent needs of the legislature, added new committees to complement the work of the legislature. The haphazard nature of forming committees led to the formation of a large number of committees a majority of whom were idle and superfluous. This led to the Legislative Reorganization Act of 1946 that was intended to curtail this haphazard formation of committees3. The number of committees has since then been relatively constant at between 16 and 21. The period proceeding 1947 saw a rise in the number of sub committees since full committees were curtailed by legislation. Emerging policy issues called for special recognition which led to the formation of numerous subcommittees under the full committees. The increase in committees has been a good thing since it now allows for many members to participate in the activities that are of concern including members who are junior in the house. Statement of Problem The senate committee system has been derided as having no practical use due the multiplicity of its subcommittees which result into acrimony instead of solving important issues. The United Sates has no provision for committees in the legislature and as such they are a new construct. From 1789 to 1816 the senate appointed temporary committees to deal with emerging issues concerning policy and legislation. A lack of a committee meant that most of legislative business was done by a meeting of the whole senate which proved to be unproductive and inefficient. The system of temporary committees which were set up in an ad hoc manner led to unprofessionalism since members were elected to them in partisan ways and without due regard for qualification4. Committees were also set upon the sour of the moment which meant that the members did not have enough time to carefully analyze the issues before them. From 1816 legislation was introduced in the senate that made committees an integral part of the legislature5. Purpose The purpose of this research is to find out the rationale of the existence of the committees and subcommittees of the senate and the relevance. This paper intends to delve deep into the workings if the senate committee and its subcommittee system in order to find out the importance of the establishment and its current constitution. The objective is to study what alternatives may be provided for the committee of the senate. It will also take into account the shortcomings that bedevil the system and offer recommendations as seen fit. In its analysis of the committee of the senate it will take a look at the literature review since independence in order to show how the senate committee has changed over the course of time to be what it is. The paper will also look at the various opinions regarding the importance and relevance of the senate committee guidelines and principles or their lack of. Significance The senate usually refers nearly 3000 bills and policy issues to the committees and subcommittees in a year6. Since it is impractical to expect the whole house to discuss and resolve such a huge number of policy and legislation, the committees are important in that they lighten the work of the main legislature by breaking it down. The committees are usually composed of at least three experts and at least one layman so that it is representative7. Committees are also important in that they are empowered to interview public officials regarding matters of public interest. By having experts in the various committees, the senate is able to benefit from an expert analysis of issues which would not be possible in a session of the whole house8. Committees additionally offer a mechanism through which policy or legislation that is unfavorable can be nicked in the bud before it reaches the house. Committees thus act as a check on emotional and partisan sentiments which may prevail in the senate floor. Theoretical Perspective A large part of research on the senate is with regard to the effect of the various rules and procedures in the making of legislation and policy. Committees and subcommittees are usually the focus of many theorists and scholars into legislative function. Theoretically committees represent the basis of policy making in the senate as they offer more information with regard to policy to other bodies such as the senate and government9. In recent times, there has been disagreement with regard to the status of the committees as compared to other senate institutions. Some scholars claim that the influence of the committees has waned since there is an increasing reliance on panels, decrees and task forces in making of policy and legislation10. However, there are some scholars who disagree with the theory of reduced importance of the committees. Some scholars acknowledge that committees still retain much of their influence and power since the basic structure of traditional law making is evident as seen by the many ad-hoc committees which actively participate in law making and policy legislation11. Literature Review Committees are an elemental part of any legislative body the world over. There are three types of committees; the standing, special and select, and the joint committee. Standing committees are bodies that are permanent in nature with their roles being specified in the rules of congress. Select and special committees are created for specific purposes after which they are dissolved. Joint committees coordinate the functions of the different legislative and administrative bodies. Seniority in the method of appointment is cited as one of the shortcomings of committees since they depend on seniority in the senate rather than competence. The landmark case McGrain v. Daugherty was important in entrenching the importance of the senate subcommittees. The court ruled that the senate is obliged to make no policy unless it is supported by information which is inevitably a product of the committees. With the increase in the number of new policy as a result of changing dynamics, it is essential to have committees and subcommittees of experts who can analyze issues so that the senate can make policy on informed perspectives. Analysis and Findings Committees are an integral part of the legislative process12. Committees play an investigative, monitoring and legislative agenda in the American senate. While views on the usefulness and relevance of committees remain controversial, it must be acknowledged that some of the roles performed by these committees are indispensable13. Theoretical perspectives show both the importance of these committees and their weaknesses in equal measure. The senate committees have inherent flaws in their procedure which in more ways than one tend to make them ineffective in their operation. Senate committee rules and procedures therefore need to be modified in order to make them more relevant to the increasingly changing needs of the senate14. Conclusions The senate committee may have many problems and shortfall but it is still an institution that could be of good use to the institution of the senate. The senate committee needs to modify its rules so that shortfalls such as the bias in appointment of members are addressed. It also needs to be made more relevant and responsive to the dynamic needs of a changing legislature. The senate committees have proved invaluable in the shaping of legislation and policy and as such will always remain a pivotal institution in the legislature. Bibliography Baker, Richard. The United States Senate: A Historical Bibliography. Washington: Government Printing Office, 1977. Hinckley, Barbara. The Seniority System in Congress. Bloomington, IN: Indiana University Press, 1971. Horn, Stephen. Unused Power, The Work of the Senate Committee on Appropriations. 2 vols. Washington: Brookings Institution, 1970. Lambert, Richard. ed. "Changing Congress: The Committee System." The Annals of the American Academy of Political and Social Science 411 (January 1974). Lees, John. The Committee System of the United States Congress. New York: Humanities Press, 1967. McConachie, Lauros G. Congressional Committees. New York: New York: Burt Franklin, 1974 Morrow, William. Congressional Committees. New York: Scribners, 1969. Olson, Magne B. "The Evolution of a Senate Institution: The Committee on Foreign Relations to 1861." Ph.D. dissertation, University of Minnesota, 1971. Riddle, Donald. The Truman Committee: A Study in Congressional Responsibility. New Brunswick, NJ: Rutgers University Press, 1963. Robinson, George L. "The Development of the Senate Committee System." Ph.D. dissertation, New York University, 1955. Stubbs, Walter. Congressional Committees, 1789-1982: A Checklist. Westport, CT: Greenwood Press, 1985. U.S. Congress. Senate Committee on Rules and Administration. Washington: Government Printing Office, 1973. U.S. Congress. Senate Committee on Rules and Administration: History of the Committee on Rules and Administration United States Senate (S. Doc. 96-27, Serial 13232). Washington: Government Printing Office, 1980. Read More