TECHNOLOGY MATTERS

“CONSTITUTING AMERICA” SERIES ON CONGRESSIONAL HISTORY

There are three ways Congress lives up to its mandate from the Founding Fathers – documenting their actions, recording their votes, and communicating with their constituents. Each method has changed as technology evolved. Each technological advance has expanded the availability of official records, and opened more avenues for communication and accountability.

America’s Founding Fathers understood the importance of communication and accountability between citizens and their elected representatives.

Even before the U.S. Constitution, the Continental Congress approved provisions for communicating with citizens, and assuring citizen accountability through knowledge of the actions of their elected representatives.

Articles of Confederation.

“…and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states.”

James Wilson, a member of the Committee on Detail which compiled the provisions of the draft U.S. Constitution, was a follower of the great British parliamentary scholar Sir William Blackstone. He quoted Blackstone’s Oxford 1756 lectures, which underscored the importance of a public record for holding officials accountable, “In the House of Commons, the conduct of every member is subject to the future censure of his constituents, and therefore should be openly submitted to their inspection.”

The U.S. Constitution mandates open communication and documentation.

Article 1, Section 5, Clause 3

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. 

During its ratification, the importance of citizens interacting with their elected representatives was institutionalized in the Bill of Rights.

Amendment 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Alexander Hamilton and James Madison made communication between citizens and their elected representatives fundamental to the integrity of representative Democracy.

Federalist No. 56
February 19, 1788

It is a sound and important principle that the representative ought to be acquainted with the interests and circumstances of his constituents.

Every day the Congress approves the “Journal” of the previous session. This is the official outline of actions taken during the previous meeting of each Chamber, like a set of minutes. It is codified in Section 49 of Thomas Jefferson’s 1812 Parliamentary Manual that governs Congressional operations.

Staff of the House Clerk’s Office, and the Secretary of the Senate physically write, and now type, every word said during Congressional sessions. These are transcribed and printed in the Congressional Record. Printed daily editions of the Congressional Record were distributed to Legislative Offices. A very limited number of copies were also available through those offices to the public.

This changed in January 1995, when the Library of Congress made digital copies of the Congressional Record available on its website. Continuous improvements now allow for user friendly search of the Record and all legislation, by anyone on the web, anytime, anywhere.

The Congressional Record remains the official transcript of proceedings. Since March 19, 1979 in the House and June 2, 1986 in the Senate, the Cable-Satellite Public Affairs Network (C-SPAN), a nonprofit private entity, provides live coverage of each Chamber. The cameras are owned and maintained by the Architect of the Capitol, while their operations and broadcasts are operated by staffs of the Chief Administrative Officer in the House and the Secretary of the Senate. C-SPAN receives the signal and airs it on its various cable television channels.

Live television fundamentally expanded the Congressional audience. Instead of the small public viewing galleries, anyone can now watch what happens instead of reading about it. Archived videos of each session can be accessed 24-7 on C-SPAN’s website.

Starting in 2007, every public hearing in the House is broadcast live, and archived as podcasts on each Committee’s website. The Senate only provides the traditional list of witnesses and publishes opening statements.

For over 184 years Congress used voice voting. The process of calling each Member’s name remains the Senate’s format. The House started using an electronic voting system on January 23, 1973. This reduced voting time from 45 minutes or more to 15 minutes. Clustering votes on noncontroversial bills, under “Suspension of the Rules”, can reduce vote times to five minutes. This saves as much as 400 hours a year in vote and “quorum call” time and provides immediate documentation of how each Member votes.

Everyday, citizens learn about the actions of the Legislative Branch through a free and vibrant news media and through direct communication with their elected representatives. Credentialing and supporting journalists covering Congress began in 1838. Today, the media galleries, operated by the House CAO and Secretary of the Senate, but managed by the media themselves, credentials over 6,000 correspondents from around the world.

Up until 1995, Members responded to their constituents requests and comments using paper, just like public officials had done for centuries. Handwriting gave way to typewrites, which evolved into word processors.

That all changed in 1995. Dramatic operational savings, achieved from strategic reforms in the House, gave Speaker Newt Gingrich the ability to invest in the CyberCongress. Former executives from IBM and other technology companies were recruited by the Chief Administrative Officer. They designed and implemented the most dramatic technology revolution in Congressional history. This giant leap took House communications from the 18^th Century into the 21^st in one giant leap.

The epic leap changed the layout of Capitol Hill and the culture of Congress forever.

• Five miles of fiber optics and thirty miles of T-1 lines, with all servers and switches installed through the Capitol Building and all five House office buildings and annexes.

• A Pentium computer in each Member, committee, and leadership office. This allowed for paperless transactions from "Dear Colleague" letters, to Whip operations, to financial record keeping, purchasing, and work orders.
• Uniform service contracts, equipment, training, and support to immediately make the entire system immediately operational.
• Moving all operational documents and databases onto a compatible digital database.
• A distributed architecture of secure servers, with sufficient firewalls to allow for Internet access, LAN, and intranet operations even to district offices, without fear of hacking or other security breaches.
• A unified email system.
• Enough server power and memory to support a 310 percent increase in electronic-based communications in the House in the first year, and doubling each year for ten years.
• A decision support center allowing for virtual caucuses, virtual committee meetings, and strategic planning meetings accessing distant users.
• Placing all Member support services online. This included all financial data, human resource data, and personal property inventory data being available electronically. It also
  allowed for desktop procurement and other forms of electronic commerce.

The CyberCongress took only ten months to be fully operational and came in under budget.

Today, Members and their staffs handle all constituent communication and case work over the web. Members have also become very savvy regarding social media. Facebook, Twitter, Instagram, and countless Apps, generate virtual and real engagement on a vast scale. Survey Monkey, Periscope, and other videos Apps, have reinvented the concept of town meetings.

Early on, some Members were terrified of Congress embracing the Information Age. “I don’t want to be talking to my constituents all the time, I want to get real work done” groused one senior Member.

Thankfully, even the doubters have now realized that representative democracy must move with the times.

[Scot Faulkner advises corporations and governments on how to save billions of dollars by achieving dramatic and sustainable cost reductions while improving operational and service excellence. He served as the Chief Administrative Officer of the U.S. House of Representatives. He also served on the White House Staff, and as an Executive Branch Appointee.]

CONGRESSIONAL DEBATE IS VITAL TO DEMOCRACY

“CONSTITUTING AMERICA” SERIES ON CONGRESSIONAL HISTORY

Patrick Henry cautioned, “The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them.” In their respective chambers, the U.S. Senate and U.S. House of Representatives have developed unique ways to air differences and make sure information is shared. The Legislative Branch’s culture of debate hold’s power accountable and preserves our nation’s civic culture.

The differences between the U.S. Senate and U.S. House of Representatives are very apparent after just watching them for a few minutes.

The U.S. Senate is informal. Senators and staff wander about, mingle, and many conversations are happening at once. Most procedural actions are by unanimous consent. Speeches can go on and on.

The U.S. House of Representatives is very structured. Everything is governed by rules that govern how time is spent, down to minutes. It is the only way 435 voting, and five non-voting, Representatives can balance discourse with action.

Since the first Congress, the differences between the Senate and House have framed important national debates.

The Senate evolved into the chamber for debate. Less people, drawn from the political elite until the 17^th Amendment to the Constitution, allowed for greater latitude in allotting time for discussion.

The years 1810 through 1859, were a period known as the “Golden Age” of the Senate. Three of the greatest senators and orators in American history served during this time: Henry Clay (Kentucky) articulating the views and concerns of the West, Daniel Webster (Massachusetts) representing the North, and John C. Calhoun (South Carolina) representing the South.

During these years, these Senate “giants” debated and resolved major issues, holding a divided nation together before the Civil War: the Missouri Compromise of 1820, the nullification debate of 1830 (Haynes-Webster debates), and the Compromise of1850.

During this “Golden Age” Washington's elite gathered in the Senate chamber to watch the impassioned oratory and the great compromises take place. The public filled the Senate’s “Ladies’ Gallery” and even sat on couches along the walls of the Senate Floor.

A major step toward supporting this debate culture occurred in 1806, when the Senate dropped using a simple majority to move “Previous Question” to stop debate. The first “filibuster”, from the Dutch term “vrijbuiter” - pirate or pirating the proceedings, happened on March 5, 1841 over the firing of Senate printers. Grinding Senate proceedings to a halt was viewed as an important way to highlight concerns and force a more in-depth consideration of policy.

In 1917, the Senate established “cloture” as a way to limit debate. Initially, cloture required a 2/3 vote. This was changed in 1975 to 3/5, the current 60 votes required.

The House found other ways to expand debate within its strict rules. Members can “revise and extend” their remarks. This means that a one minute speech can become a multi-page discourse in the “Congressional Record”, the permanent and official record of Congressional activities.

On March 19, 1979 the Cable-Satellite Public Affairs Network (C-SPAN) began live broadcast of the House of Representatives. Live coverage of the Senate began on June 2, 1986. Television fundamentally expanded the Congressional audience. Now people, beyond the small public viewing galleries, could watch what happened instead of reading about it.

Republicans embraced the role of television faster and more effectively than the Democrats. They turned the opening one minute speeches into street theater. They used posters and model war planes to create riveting moments highlighting major issues. Republicans also took the obscure device of the “Special Order” to spend hours educating the electorate on issues after official House business ended for the day.

During the first years of C-SPAN Republicans strategically orchestrated their message through an informal group called the Chesapeake Society. This weekly gathering, co-lead by senior legislative staff and Members, developed themes, wrote talking points, and assigned roles for the House’s “Golden Age” of conservative advocacy.

Representatives John Ashbrook (R-OH), Bob Bauman (R-MD), and John Rousselot (R-CA), and their top advisors, collaborated with Phil Crane (R-IL), Bob Dornan (R-CA), Jack Kemp (R-NY), Larry McDonald (R-GA), Don Ritter (R-PA), Gerald Solomon (R-NY), Bob Walker (R-PA), and seventy other Members, to dominate C-SPAN in opposing President Jimmy Carter and House Democrats. Their effective use of the media is credited with helping lay the ground work for the Reagan Revolution.

A second “Golden Age” of House conservatives was led by Newt Gingrich (R-GA) and his Conservative Opportunity Society. They exposed an array of scandals that grew to symbolize the corruption of forty years of Democrat rule in the House. Their most famous use of visuals came on October 1, 1991. Rep. Jim Nussle (R-IA) addressed the House wearing a paper bag over his head. He tore off the bag stating he was ashamed to show his face in the wake of House corruption. These dramatic moments led to the 1994 landslide that propelled Republicans to power for the first time since 1954.

Democrats found their own ways to use the power of the camera. On June 22, 2016, sixty Members staged a sit-in on the House Floor to dramatize the lack of gun control legislation. Republicans turned off the cameras and the lights. Democrats used their cellphone cameras in a social media phenomenon. On February 7, 2018, Nancy Pelosi (D-CA) used her unlimited time prerogative as Minority Leader to turn the usual “house keeping” procedures of the House into an eight hour marathon speech focusing attention on Deferred Action on Childhood Arrivals (DACA).

Formal procedures, precedents, and tradition, linked to ever evolving technology, guarantees that the role of debate remains a viable part of America’s representative democracy in the 21^st Century.

[Scot Faulkner advises corporations and governments on how to save billions of dollars by achieving dramatic and sustainable cost reductions while improving operational and service excellence. He served as the Chief Administrative Officer of the U.S. House of Representatives. He also served on the White House Staff, and as an Executive Branch Appointee.]