A phase in a campaign where organizers collect signatures to put a candidate’s name on the ballot. How many signatures are needed depends on the jurisdiction and the office sought; some states allow candidates to pay a fee instead of submitting signatures. In areas with popular initiatives, signatures are needed to put a measure on a ballot.
Sergeant-at-Arms
The U.S. House of Representatives and U.S. Senate each have a sergeant-at-arms, whose job it is to maintain order in the legislative chamber.
In the Senate, the sergeant-at-arms can also be instructed to request the presence of senators if not enough senators are present to meet a quorum. If the motion to instruct the sergeant-at-arms does not bring in enough senators, the sergeant-at-arms can be instructed to write arrest warrants for all absent senators and is then required to hunt them down and bring them to the floor.
vote-a-rama
U.S. Senate rules include a special section for consideration of the annual Budget resolution. The Budget is not subject to filibuster, but all amendments must be germane and are voted on consecutively without real debate.
During a vote-a-rama, each amendment is considered and voted on for about 10 minutes until they are finished with all amendments. It’s an exhausting process that many senators have said makes it impossible to know what is actually being considered.
Keith Hennessey: “The vote-a-rama is an unusual cultural institution within the Senate. All 100 Senators are on the floor, in the cloakrooms, or right outside the Senate Chamber for hours and hours upon end. Another 100-ish staff are packed onto tiny staff benches in the rear of the Chamber, one for Republican staff and another for Democratic staff. Everyone is usually exhausted during the vote-a-rama, which comes near the end of an arduous and usually conflict-ridden legislative battle.”
Shivercrats
Shivercrats were a conservative faction of the Texas Democratic Party in the 1950s named for Texas Gov. Allan Shivers (D).
The term was first used in 1952 after Shivers backed Republican Dwight Eisenhower for president over Democrat Adlai Stevenson.
Interestingly, Lyndon B. Johnson initially aligned himself with the Shivercrats as a U.S. Senator but increasingly sided with liberals on domestic policy after becoming president in 1963. Most of the Shivercrats ended up leaving the Democratic party as the liberal-moderate faction took control of the state party after 1970.
Copperheads
The Copperheads were Northern Democrats who opposed the Civil War and wanted a peace settlement with the Confederates.
Republicans started calling them Copperheads, likening them to the poisonous snake. Interestingly, they accepted the label but because the copperhead to them was the likeness of Liberty, which they cut from copper pennies and proudly wore as badges.
Perhaps the most famous Copperhead was Ohio’s Clement L. Vallandigham. Many counties in Ohio and Indiana continued to exist as a kind of solid south in exile for years along the Ohio River.
aardvarking
Recruiting candidates for public office with the main objective of having their names begin with the letter A.
GOP consultant Roger Stone: “In the late 1970’s a Republican consultant and I examined a series of races on Long Island when two candidates who were complete unknowns and who had no campaign resources to raise their profile. In 90% of the races the candidate who’s name began with A won. We called this phenomena ‘Aardvarking’ and urged GOP leaders to recruit candidates for lower office who’s names started with the first letter of the alphabet. Why does Adam Alberts beat Ricky Jones 90% of the time? Who knows.”
stump speech
A stump speech is a speech that a politician makes again and again as they travel to different places during a campaign.
The expression dates back to early American history, when candidates would travel through the countryside building support for their campaigns. Most of the time, there weren’t any formal stages where a politician could address a crowd, so candidates stood on tree stumps to give their speeches. Today, candidates still travel around the country delivering standardized speeches to win over voters.
A typical stump speech has a lot of distinctive elements, all woven together into an appealing whole. The speech sets out the candidate’s values and their overarching plans, as well as specific campaign promises and talking points. And of course, the speech also needs to forge an emotional connection between the candidate and the voters.
Stump speeches are not intended to be newsworthy or dramatic. Normally, a candidate repeats the same stump speech, word for word, at every one of his campaign stops. The speech might change slightly depending on the audience – for example, the candidate might add a few words to the speech to mention local politicians, or to refer to a local specialty. For the most part, though, candidates deliver the same stump speech at every campaign stop, giving the audience time at the end to ask questions.
In 2015, the FiveThirtyEight blog created two “perfect” stump speeches – one for Republicans, and one for Democrats. The speeches weren’t real, but they imagined what highly pandering possible speeches for each party would look like, based on the values reflected by the majority of voters from each party.
The Republican speech, as written by former Republican speech writer Barton Swaim, focused on the need for smaller government, reduced Federal spending, and free trade. The Democratic speech, written by Democratic speechmaker Jeff Nussbaum, talked about social inclusion, income inequality, and education.
Even in the age of social media, the old-fashioned stump speech continues to be important during a campaign. During the 2020 presidential campaign, most candidates continued to use standardized stump speeches to present their talking points and to reach out to voters. President Trump’s stump speech clocks at just over an hour and touches on issues like the economy, conservative values, and tax cuts.
Some candidates, though, seemed to be moving away from the classic stump speech. After all, stump speeches are also full of potential pitfalls, since they present opportunities for candidates to make gaffes or lose their audience’s attention. Joe Biden, the Democratic frontrunner for the presidential nomination, shortened his stump speech to just 15 minutes. And Senator Elizabeth Warren replaced her own stump speech with a town hall format.
The Atlantic once cited this speech by one Phil Davidson, the would-be GOP nominee for treasurer in Stark County, Ohio, as the worst stump speech in American history. The speech is striking because of Davidson’s highly emotive delivery, even when he is discussing non-controversial subjects like his own biography. At moments, Davidson seems enraged or on the verge of tears.
unanimous consent
Unanimous consent is a legislative procedure whereby a legislator requests approval by all legislators to approve rule changes and bills.
Origins and History
Unanimous consent rules have been used in the U.S. House and U.S. Senate since their first meetings in 1789. A representative or senator requests unanimous consent from the presiding legislator to bypass quorum calls, approve routine bills, and activate unanimous consent agreements. Any legislator can object to this request in order to trigger debate prior to further consideration. The presiding officer waits for objections and approves passage if there is consent by all members.
Behind the scenes, legislators of both parties can create unanimous consent agreements that dictate proceedings. This agreement typically requires legislators to provide consent on time limits, rules, and other structural concerns so that substantive business can take place.
The U.S. House of Representatives has standing rules that allow unanimous consent to speed debate of floor measures. The chamber’s size makes it necessary to achieve consent from all present members to avoid legislative logjams. Members can ask for unanimous consent to suspend the rules, which means that floor debate is limited to 40 minutes prior to a vote.
The first unanimous consent agreement in the U.S. Senate is attributed to William Allen of Ohio. In 1846, Allen and other senators approved an agreement to allow debate on the addition of the Territory of Oregon. This one-off agreement turned into a regular practice of the U.S. Senate despite concerns by senators of stifling debate.
Informal unanimous consent agreements evolved into a standard procedure in 1914 that can only be altered by new agreements addressing immediate concerns. The practice of invoking cloture to end Senate debate was created in 1917 as the body created more formal mechanisms for managing floor proceedings.
Politifact found that 206 of 254 substantive measures considered by the U.S. Senate during the 110th Congress were approved by unanimous consent. The party that holds the majority in the U.S. Senate often blocks high-profile bills from receiving unanimous consent. Sen. Marsha Blackburn (R) blocked three bills offered by Senate Democrats to deal with 2020 election security. Sen. James Inhofe (R) prevented unanimous consent on a 2020 resolution using the “war crimes” label for military strikes on culturally significant locations.
Examples
Q13 Fox (February 24, 2020): “Last year, the Senate passed via unanimous consent the Justice for Victims of Lynching Act, which made lynching a federal crime by establishing it as a civil rights violation.”
CNN (July 18, 2019): “Paul was not the only senator who objected to the attempt to pass the bill by unanimous consent on Wednesday. Sen. Mike Lee of Utah ‘alerted the cloakroom that he objected to the bill passing without a vote,’ Lee’s communications director Conn Carroll told CNN.”
The Hill (June 27, 2019): “More than two dozen GOP lawmakers on Thursday lined up on the House floor to call for a unanimous consent vote on the bipartisan Senate-passed bill to provide emergency humanitarian border aid.”
split ticket
A split ticket is when a voter chooses candidates from different political parties in the same election.
straight ticket
Straight ticket voting allows voters to choose every candidate on a single party’s slate by making just one ballot mark.
Over the years, many states that once allowed straight ticket voting have abolished it. In 2020, only seven states will allow straight ticket voting in the presidential election. Those states are Alabama, Indiana, Michigan, Kentucky, Oklahoma, South Carolina and Utah.
There are a number of concerns about straight ticket voting. Some pundits have argued that, while straight ticket voting makes this easy for uninformed voters, it makes it easier for inexperienced candidates to win office. Political parties have little incentive to vet the candidates at the bottom of the ticket, the argument goes, which means that less qualified politicians can be swept into office along with the rest of their party.
Other critics of straight ticket voting say that the practice unfairly benefits the two major political parties. It’s harder for third party candidates to get a fair chance in states which allow straight ticket voting, some say.
Some people also have expressed concern that the ballots are confusing and that in states which allow straight voting, voters may not actually cast a ballot for president. That’s because in certain states, straight ticket voters still have to make a separate mark to indicate their choice for president – something which many voters don’t realize.
Informally, “straight ticket voting” is often used to describe the practice of voting for every candidate from a single party, even in states where there is no specific straight ticket ballot option.
The opposite of straight ticket voting is “split ticket voting.” A voter who votes a split ticket chooses candidates based on their individual merit, from several political parties. Some analysts argue that split ticket voters are seen as more intelligent and discerning than straight ticket voters.
Still, straight ticket voting has been on the rise in recent years, perhaps in line with the increasingly polarized electorate. In 2016, the Washington Post notes, the highest percentage of straight-ticket voting in over a century took place. 100 percent of states that held Senate elections voted for the same party for Senate as for president.
Split ticket voting has been on the decline for decades. Studies have shown that voters are identifying candidates, even in local and municipal races, with the party leadership. One study, carried out by Saint Louis University, looked at how voters select their state lawmakers. It turned out that most voters weren’t looking at the lawmakers’ platforms or their voting records. Instead, they were basing their vote on what they thought of the US president.
So during the Obama administration, voters who were unhappy with the president voted Republican in local elections. During the Trump administration, voters who are unhappy with the president vote Democrat in local elections.
In 2016, straight ticket voting appeared to reach a peak. Each state that selected a Republican senator went on to vote for Donald Trump. At the same time, each state that had voted for a Democratic senator also voted for Hillary Clinton.
push poll
A “push poll” is a form of interactive marketing in which political operatives try to sway voters to believe in certain policies or candidates under the guise of an opinion poll.
More akin to propaganda than an actual unbiased opinion survey, a push poll is most often used during a political campaign as part of a candidate’s election strategy or by a political party to gain advantage over a rival or rivals.
While push polls are not illegal, many consider them to be unethical, and they generally fall under the umbrella of “dirty” or “negative” campaigning. They often include personal attacks, fear mongering, innuendo, and other psychological tactics to lead those being polled to believe a specific point of view or turn against a specific candidate.
Most push polls are concise and to the point, so that a large number of people can be called in a relatively short period of time, so as to have a maximum effect on public opinion.
As noted by the New York Times, a large number of reputable associations have denounced push polling as a sleazy tactic, and in certain states push polling is regulated.
In fact, over the years, many jurisdictions have tried to enact legislation to control the use of push polls, but such laws have come up against opposition from those who swear by the practice. In 2012, a proposed “push poll law” in New Hampshire ran into head winds from pollsters concerned that such laws would “outlaw message testing, preventing firms from deploying legitimate survey research on behalf of their clients.”
In 2007, a Roll Call opinion piece suggested that the term itself is misleading, noting: “The term ‘push poll’ never should have entered our lexicon, since it does nothing but confuse two very different and totally unrelated uses of the telephone.”
Richard Nixon was one of the pioneers of the push poll, and in his very first campaign in 1946, he used the practice by hiring operatives in his California district to call Democrats and warn them that his opponent was a “communist.”
Most agree that push polling is a negative tactic, but not all campaigns agree on when a survey is actually a true measure of political opinion, and when it is in fact a push poll.
During the 2000 Republican primaries, the campaign of John McCain accused the George W. Bush campaign of push polling in South Carolina by asking questions such whether you would be more likely to vote for or against McCain after learning that his “campaign finance proposals would give labor unions and the media a bigger influence on the outcome of elections.” The Bush camp denied that its survey was in fact a push poll. As described in Slate magazine: “This controversy, which has consumed the media for the past week, misses the point. Every campaign poll that asks about an opponent’s flaws is a push poll.”
This point of view was reiterated by a CBS News article 7 years later, when it was alleged that Mitt Romney’s campaign was a victim of push polling centering on his Mormon faith: “A push poll is political telemarketing masquerading as a poll. No one is really collecting information. No one will analyze the data.”
open primary
A primary election that allows voters to select candidates on one party’s ballot without declaring their own party affiliation.
It’s not to be confused with a blanket primary, in which all candidates appear on the same ballot and the two highest voted candidates proceed to the runoff, regardless of party affiliation.
mudslinging
In politics, “mudslinging” is a tactic used by candidates or other politicians in order to damage the reputation of a rival politician by using epithets, rumors or mean-spirited innuendos or insults. The term is often used interchangeably with the more descriptive phrase “negative campaigning.”
The term is most often used in the context of a political campaign in which one candidate “mudslings” in order to damage an opponent’s political prospects and gain an advantage with the electorate. Mudslinging is typically not geared towards exposing a difference in policy position, but is usually associated with insulting an opponent’s character or deriding them as a person.
Decried in this 2016 Chicago Tribune article, mudslinging has a long tradition in American politics, first witnessed in the heated election of 1800, in which Adams and Jefferson hurled mean-spirited epithets at each other.
While the tactic of attacking opponents with character assassinations and epithets goes back hundreds of years, the term “mudslinging” itself wasn’t coined until the late 1800s. It was derived from the Latin phrase “Fortiter calumniari, aliquia adhaerebit,” which means “to throw a lot of dirt and some of it will stick.” As a political term, “mudslinging” picked up steam after the Civil War. Variations of the term included “dirt throwing,” “mud throwing” and “mud-gunning.”
The presidential campaign of 2016 is often cited as one of the dirtiest of all-time, with mudslinging used by both Donald Trump and Hillary Clinton to gain advantage. A Time magazine article published just before that election ranked it in the top 5 dirtiest campaigns of all-time, but was also quick to note that mudslinging is a time-honored tradition in politics. The article singles out the elections of 1800, 1828, 1876, 1928 and 1988 as some of the most notable when it comes to mudslinging.
Described in detail in this Wall Street Journal article, the election of 1828 was particularly vicious and dirty, and is often cited as having set a standard for mudslinging that might never be matched. In that election, supporters of John Quincy Adams, running against Andrew Jackson, accused Jackson of being a cannibal and eating American Indians that were slaughtered in battle. By comparison, the mudslinging of today can seem a bit tame.
Mudslinging is related to the more modern term swiftboating, which was derived from attacks directed towards 2004 presidential candidate John Kerry by swift boat captains he served with in Vietnam, and orchestrated by supporters of his opponent, president George W. Bush.
The efficacy of mudslinging is the subject of much debate, with some believing that negative campaigning turns off voters, while others arguing that it’s a necessary component of a successful political campaign.
exit polls
An exit poll is a poll of voters taken immediately as they leave the polling place in which they are asked which candidate they chose.
Exit polls are conducted by media companies to get an early indication of who actually won an election, as the actual result sometimes may take many hours to determine.
Electoral College
The Electoral College is a constitutionally mandated process that determines who serves as president and vice president of the United States every four years. It was a compromise between having Congress elect the president and a direct election by popular vote.
Americans actually vote for the electors who then vote for president when they convene after the election. Electors are chosen in processes defined by state law, creating a patchwork of selection processes.
Each state gets a number of electors equal to its number of members in the U.S. House of Representatives plus one for each of its two U.S. Senators. While most states award their electoral votes based on the winner of the popular vote in the state, there are two states which split their electors according to the vote in each congressional district.
The electoral map depicts which political party won which state in the presidential election. Over the years, red and blue states have come to mean Republican and Democratic states, respectively.
The 2016 electoral vote map
The term “electoral college” actually does not appear in the U.S. Constitution and was derived from the concept of electors used by the Roman empire. However, in the early 1800’s the term “electoral college” came into general usage as the unofficial designation for the group of citizens selected to cast votes for President and Vice President. It was later written into Federal law in 1845.
There have been many attempts to reform the Electoral College over the years, but those efforts have typically fallen short. One notable exception was the 12th Amendment’s separation of electoral votes for president and vice president.
A more promising reform effort in recent years is the National Popular Vote Interstate Compact which takes a state-by-state approach to electoral reform that is distinct from the long history of attempts to amend the U.S. Constitution. States that sign on to the compact promise to award their electoral votes to whichever candidate wins the popular vote nationally, regardless of which way their state votes.
dark horse
In politics, a “dark horse” is a candidate for office for whom little is known or for whom expectations are low, but who then goes on to unexpectedly win or succeed. While history is replete with examples of dark horse candidates who went on to win local, regional, state or national office, the term is most often used in the context of presidential politics.
As described by a local Massachusetts reporter: “In many ways the allure of the dark horse mirrors that of the American Dream: An unknown candidate, the little guy, overcomes incredible odds to pull a shocking victory from the hands of an establishment favorite.”
The term is borrowed from racing, where it was first used to describe a horse that was unknown to bettors and was therefore impossible to handicap. From Benjamin Disraeli’s 1831 novel The Young Duke: “A dark horse which had never been thought of, and which the careless St. James had never even observed in the list, rushed past the grandstand in sweeping triumph.”
The first known political use of the term was in 1831, with the unlikely ascendancy of James K. Polk to the Presidency. As noted by White House historians, in the particular case of Polk, his “dark horse” status was due to his unlikely nomination to higher office:” When Whig opponents changed “Who is James K. Polk” throughout the presidential election of 1844, it was more an attempt to influence perception than a reflection of reality. The image of Polk as an obscure protégé of Andrew Jackson stood in contract to the successful career of the nationally known governor of Tennessee and speaker of the United States House of Representatives. Polk’s ‘dark horse’ status was based not on his political obscurity, but on his unexpected selection by the Democratic Party.”
As outlined in the Washington Post, the other nominees who started out as dark horses were: “Horatio Seymour, Rutherford B. Hayes, James Garfield, Warren Harding and John W. Davis. Of the five, Hayes, Garfield and Harding were elected president.
- Seymour, the former governor of New York, said over and over that he had no desire to be a candidate, but he nevertheless found himself nominated at the 1868 Democratic convention on the 22nd ballot.
- Ohio Gov. Hayes won the Republican nomination in 1876 on the seventh ballot.
- Congressman Garfield, an Ohio Republican who was the last person to go directly from the House to the White House, won the 1880 GOP nod on the 36th ballot.
- Harding was nominated during a 1920 smoke-filled room meeting in which Republican leaders settled on the Ohio senator on the 10th ballot.
- The 1924 Democratic convention was the longest in American history, going 103 ballots – and 17 days – before settling on former West Virginia congressman Davis.”
Often, Abraham Lincoln is considered a dark horse, in his case because he left the arena, only to return over a decade later: “Even Abraham Lincoln, who had left politics entirely after serving a term in Congress in the late 1840s, but would win the presidency in 1860, has sometimes been called a dark horse candidate.”
In modern times, Jimmy Carter, Barack Obama and Donald Trump were all in their own ways considered dark horses.
convention bounce
A convention bounce refers to the surge of support a presidential candidates may enjoy after the televised national convention of their party. The size and impact of a convention bounce is sometimes seen as an early indicator of party unity.
blanket primary
A blanket primary is a primary election whereby each voter can select one candidate per office regardless of party. This primary is different from open or closed primaries, which require each ballot to only feature votes for candidates from one party.
Origins and History
In a blanket partisan primary, one candidate from each ballot-qualified party is guaranteed a spot in the general election. The terms blanket primary and jungle primary are often conflated; however, a jungle primary guarantees general election spots to the top two candidates of any party.
Supporters of the blanket primary suggest that it reduces partisanship by allowing voters to avoid party registration. Voters in a blanket primary can stay independent, nonpartisan, or unaffiliated without sacrificing their say in elections. Blanket primaries also allow voters from one party to select candidates from opposing parties as protests or out of concern about candidate qualifications.
Opponents of the blanket primary argue that primaries are selection processes dictated by parties rather than state governments. Parties are also concerned that protest voters warp the selection process, undermining voter options in the general election.
As of February 2020, no states used the blanket primary system. Three states – Alaska, California, and Washington – used this system In the 20th century. Alaska voters approved the blanket primary in 1947. In 1996, Californians approved a switch from a closed primary to a blanket primary through Proposition 198. The Washington State Legislature approved a legislatively-referred initiative authorizing the blanket primary in 1935.
The California Democratic, Republican, Libertarian, and Peace and Freedom Parties sued the state to overturn Proposition 198. In 2000, a 7-2 majority of the U.S. Supreme Court ruled that the blanket primary was unconstitutional in California Democratic Primary v. Jones. The majority opinion written by Justice Antonin Scalia argued that state government should not influence the intraparty selection of candidates.
Alaska abided by the U.S. Supreme Court ruling, converting its 2000 primary election into a primary determined by each party. The Alaska Supreme Court previously ruled in 1996 that the blanket primary was constitutional, which was not heard by the highest court in the country. This system was briefly replaced by open primaries from 1960 to 1967 and 1992 to 1996.
The Washington State Democratic Party sued to overturn its state’s blanket primary after the California decision. A federal appeals court ruled in 2003 that the primary system was unconstitutional in compliance with California Democratic Primary v. Jones. California and Washington later moved to top-two jungle primaries for state and federal elections.
Examples
Las Vegas Review-Journal (February 4, 2020): “The proposal, which was submitted to the Nevada secretary of state’s office Friday by state Sen. Ben Kieckhefer, R-Reno, would create a blanket primary system for partisan races in which all candidates, regardless of their party affiliation, would appear on the ballot.”
The Brookings Institution (October 10, 2014): “A central argument in favor of the blanket primary system is that it gives third-party candidates more of a chance to make it to Congress.”
The Spokesman-Review (October 22, 2004): “The majority of voters seemed peeved that the old blanket primary had been dumped, but predictions of a low turnout were overblown.”
bandwagon
To follow a group that has a large and growing number of followers.
A bandwagon is literally a wagon which carries the band in a parade. The phrase “jump on the bandwagon” first appeared in American politics in 1848 when Dan Rice, a famous and popular circus clown of the time, used his bandwagon and its music to gain attention for campaign appearances. As campaigns became more successful, more politicians strove for a seat on the bandwagon, hoping to be associated with the success.
However, by William Jennings Bryan’s 1900 presidential campaign, the term was used in a derogatory way, implying that people were associating themselves with the success without considering what they associated themselves with.
absentee ballot
An absentee ballot is a vote cast by someone who is unable to visit the official polling place on Election Day. This type of vote is normally submitted by mail.
Increasing the ease of access to absentee ballots are seen by many as one way to improve voter turnout, though some jurisdictions require that a valid reason, such as sickness or travel, be given before a voter can participate in an absentee ballot.
morning business
Routine business that is supposed to occur during the first two hours of a new legislative day in the U.S. Senate. This business includes receiving messages from the President and from the other legislative chamber, reports from executive branch officials, petitions from citizens, committee reports and the introduction of bills and submission of resolutions.
In practice, this sometime occurs at other convenient points in the day.
hopper
Legislators introduce bills by placing them in the bill hopper attached to the side of the clerk’s desk. The term derives from a funnel-shaped storage bin filled from the top and emptied from the bottom, which is often used to house grain or coal. Bills are retrieved from the hopper and referred to committees with the appropriate jurisdiction.
hideaways
Personal, unmarked offices in the Capitol originally assigned to senior senators. They are conveniently located near the Senate floor.
The hideaway location of an individual Senator is a closely held secret, most with no names on the doors. They are hidden from view with some even tucked away behind large statues. Due to recent renovations, all 100 Senators have for the first time been assigned their own hideaway. There is no public information on the cost of renovating and furnishing these offices.
The secrecy surrounding hideaways has generated considerable media interest, with provocative article titles, such as: “Senate’s Biggest Secret: Lush Hideaways for Lawmakers“, and “Congressional Perks: How the Trappings of Office Trap Taxpayers“.
germane
In politics, if you want to follow legislation that’s introduced both on the local and national levels, it’s important to understand the meaning of the term “germane.”
“Germane” is typically defined as “in close relationship, appropriate, relative or pertinent to.” In the case of legislation, it commonly refers to whether or not an amendment or rider to a bill needs to be relevant to the original bill or not, and there are a wide range of rules that govern this in federal and state jurisdictions.
The importance of understanding the term is described in Congressional Quarterly: “Why Understanding the Term ‘Germane’ Can Save You From Heartaches and Headaches.”
The article points out that “only 40 state constitutions require a bill to be ‘germane’ – that is, require a bill to address or contain only a single subject.” The lack of uniform rules about “germaneness” in state government means that life can get difficult for people in various industries who spend their time tracking legislation.
The article goes on: “if you’re tracking state legislation about real estate licensing, you can ignore bills about traffic safety, right?” Then, providing its own answer, “You could if lawmakers were always rationale and lawmaking were a rationale process. But that’s not our reality.”
In the U.S. Senate, the rules about germaneness can be described as follows, as taken from the Senate’s own PDF on the subject: “The Senate requires only that amendments be germane when they are offered (1) to general appropriations bills and budget measures, (2) under cloture, or (3) under certain unanimous consent agreements and certain statutes. Otherwise, Senators can offer amendments on any subject to any bill.”
Broadly speaking, the purpose of the germane rule is to prevent legislators from putting irrelevant or immaterial legislation into unrelated bills as an underhanded way of getting legislation passed.The rules in the U.S. House, as described here, are a bit different: “Clause 7 of rule XVI, called the “germaneness rule,” stands for the simple proposition that an amendment must address the same subject as the matter being amended. The germaneness rule was adopted by the House in 1789 and has remained the same since it was last changed in 1822. The purpose of the rule is to provide for the orderly consideration of amendments to bills and resolutions by requiring a relationship between the amendment and the matter being amended. The existence of this rule is one of the key procedural differences between the House and Senate.”
The word “germane” is also applicable not only to legislation, but to debate as well, with something called the “Pastore Rule,” which requires Senate floor debate to be germane during specific periods of a Senate workday.
In 2003, Roll Call described a violation of this rule: “As Byrd continued Friday to pound away at Bush on many fronts during consideration of the omnibus spending bill, McCain interrupted. McCain asserted that Byrd’s attack on the administration’s policy on North Korea was violating the ‘Pastore Rule,’ which stipulates that debate has to be germane to the matter at hand during the first three hours of debate on a bill.”
franking privileges
The right of members to post mail to constituents without having to pay postage. A copy of the member’s signature replaces the stamp on the envelope. Authentic signatures of famous individuals are valuable collectors’ items.
Franking privileges in Congress date from the First Continental Congress of 1775. Opportunity for abuse exists and has prompted calls for reform. According to “CRS Report: Franking Privilege: Historical Development and Options for Change”:
“… [S]trong criticism of the franking privilege developed regarding the use of the frank as an influence in congressional elections and the perceived advantage it gives incumbent Members running for reelection. Contemporary opponents of the franking privilege continue to express concerns about both its cost and its effect on congressional elections.”
Limits on and oversight of franking exist today. The House has appointed a Franking Commission t0:
“(1) issue regulations governing the proper use of the franking privilege; (2) provide guidance in connection with mailings; (3) act as a quasi-judicial body for the disposition of formal complaints against Members of Congress who have allegedly violated franking laws or regulations.”
ex officio
The term “ex officio” comes from the Latin phrase “from the office,” and in politics it refers to someone who is part of a political body just by virtue of holding a different elected office.
The most common example of an “ex officio” member of a body is the Vice President of the United States, who is considered the President of the Senate and can cast tie-breaking votes, despite never actually being elected to the Senate.
Further examples of “ex officio” members in the United States government are the chairmen and ranking minority members of U.S. Senate committees. These members are able to participate in any of the subcommittees, though they can’t vote.
In 2017, the New York Times noted the presence of Senators McCain and Reed during the highly charged testimony of James Comey in 2017: “Jack Reed, a Democrat from Rhode Island, and John McCain, Republican of Arizona, also questioned Mr. Comey on Thursday. As the leaders of the Armed Services Committee, they are “ex officio” members of the Intelligence Committee, as are the Senate majority leader, Mitch McConnell, and the Senate minority leader, Chuck Schumer.
The use of the term “ex officio” dates back to the Roman empire, when various councils existed to debate issues and legislative matters, often with a large number of people who held other offices but were involved in the political processes of Roman leadership. Examples of ex-officio members are common in the structure and set up of many different organizations. In the case of non-profits, most CEOs are also “ex officio” members of the board, and in local politics, elected officials can be ex officio sheriffs, ex officio tax collectors, and ex officio members of committees. In New York City, the speaker of the council and the leaders from each party, are all ex officio members of all the city’s various committees.
In certain cases, the term “ex officio” is used interchangeably with “acting,” as when Baltimore mayor was forced to resign in 2019, and city council president Jack Young became acting, or ex-officio, mayor of the city.
In other countries around the world, many ex officio members play a large role in government. In the U.K., for example, the most senior bishops of the Church of England are ex officio members of the House of Lords, and have equal vote, prompting one website to query: “Why are there Bishops in the House of Lords?”
earmarks
Funds that are allocated to a specific program, project or for a designated purpose. Revenues are earmarked by law. Expenditures are earmarked by appropriations bills or reports.
According to the Office of Management & Budget definition, earmarks include:
- Add-ons. If the Administration asks for $100 million for formula grants, for example, and Congress provides $110 million and places restrictions … on the additional $10 million, the additional $10 million is counted as an earmark. However, if the additional funding is to speed up the completion of a project with no restrictions this is NOT an earmark.
- Carve-outs. If the Administration asks for $100 million and Congress provides $100 million but places restrictions on some portion of the funding, the restricted portion is counted as an earmark.
- Funding provisions that do not name a recipient, but are so specific that only one recipient can qualify for funding is counted as an earmark.
Slate’s “What’s an Earmark” article provides a distinction between earmarks and general budget expenditures:
“For example, if Congress passed a budget that gave a certain amount of money to the National Park Service as a whole, no one would consider it an earmark. But if Congress added a line to the budget specifying that some of that money must go toward the preservation of a single building—definitely an earmark.”
Earmarks can be used for political, pork-barrel spending and considerable debate in Congress has centered on earmark reform. President Obama’s speech on Earmark Reform, March 11, 2009, called for legislation that would create greater transparency and public awareness of proposed earmarks. Acknowledging that earmarks can be useful, the president stated they “must have a legitimate and worthy public purpose.”
one-minute speeches
Also called, “one minutes”, a speech typically given at the beginning of the day by a House member on a chosen topic. One minutes can also be scheduled at the end of legislative business. It is at the discretion of the Speaker how much time will be allotted for the speeches. Although they are not a rule of the House, one minutes have emerged as a “unanimous consent practice” of the chamber.
One-minute speeches can be used for promoting partisan positions and launching attacks. According to Kathryn Pearson of MinnPost.com, one minute attack speeches are becoming routine (See,”One-minute Attack Speeches Becoming Routine in U.S. House“): “…party leaders have taken an active role in coordinating one-minutes so that they consist of attacks on the other party or a defense of one’s own party… Indeed, the “Republican Theme Team” and the “Democratic Message Group” recruit members to deliver one-minutes to reinforce the party’s daily message”.
As noted in CRS Report, One Minute Speeches: Current Practices, “the usual position of one minutes at the start of day means they can be covered by broadcast news organizations in time for evening news programs …. Some Representatives have made one-minute speeches a regular part of their media and communication strategy.”
The tendency to use one minutes for attack and promotion has prompted calls for reform or complete elimination of the privilege.
mark-up
The committee meeting held to review the text of a bill before reporting it to the floor. Committee members do not make changes to the text but can vote on proposed amendments. In conclusion, members vote on a motion to send the bill with accompanying amendments, to the House.
There is room for political maneuvering during the mark-up meeting, as quoted by one lobbyist familiar with the process: “Committee’s often abruptly cancel congressional mark ups, such as in this case and instead schedule hearings in an attempt to regain support for a bill.”
The desk
Another name for the rostrum where the presiding officer and various clerks of the chamber sit. According to recent practices, most bills, resolutions, and committee reports are delivered to the clerks at the presiding officer’s desk for processing throughout the day. Up until the 1960’s, measures delivered to the desk could be held, unprocessed, for days to allow the addition of new signatures. This unpopular procedure has now been discontinued.
Dear Colleague letter
A “Dear Colleague letter” is an official communication distributed in bulk by a lawmaker to all members of Congress.
Dear Colleague letters typically include issues related to co-sponsoring or opposing a bill, new procedures or upcoming congressional events.
Although Dear Colleague letters have been used by members for over a century, technological advances in recent years have facilitated their distribution. In 2008, the House introduced a web based e-“Dear Colleague” system, streamlining topic headings and distribution lists.
codel
Short for “Congressional Delegation”, and defined as a trip abroad by a member or members of Congress.
casework
The term “casework” refers to assistance provided by members of Congress to constituents who need help while filing a grievance with the federal government or a federal agency.
In a lot of cases, constituents don’t know how to get help if they have an issue relating to federal government services or a problem with federal programs. “Casework” gives these constituents a chance to seek that help from their representatives in Washington.
Casework is an extensive and all-encompassing term that covers a lot of ground: “Each year, thousands of constituents turn to Members of Congress with a wide range of requests, from the simple to the complex. Members and their staffs help constituents deal with administrative agencies by acting as facilitators, ombudsmen, and, in some cases, advocates. In addition to serving individual constituents, some congressional offices also consider as casework liaison activities between the federal government and local governments, businesses, communities, and nonprofit organizations.”
In 2016, the MinnPost described casework as “Congress’ most important function (that almost no one uses),” adding: “An enormous amount of time, effort, and resources flows toward casework, and many members of Congress will tell you that helping constituents is their most important responsibility.”
A 2017 report issued by Congressional Research Service highlighted some areas which see the most frequent use of casework:
Tracking a misdirected benefits payment; filling out a government form; applying for Social Security, veterans’, education, and other federal benefits, explaining government activities or decisions; applying to a military service academy; seeking relief from a federal administrative decision; and seeking assistance for those immigrating to the United States or applying for U.S. citizenship.
To let Americans know about the availability of casework, certain members of Congress provide information on their websites about how their constituents can seek out help, as seen here on Maryland Rep Jamie Raskin’s site. And here on the site of South Dakota Senator John Thune.
Of course, casework only goes so far. As explained by the New York Times, “caseworkers are wary of promising too much on this front. They are not supposed to talk to your lender; they can only speak to its regulator, often the comptroller of the currency. And they will usually do so only if they believe a legitimate question has gone unanswered.”
As Congress Foundation points out, Congress has its ways of making sure a constituents request for casework is legitimate: “Though many constituents come to their congressional office to ask for legitimate help with an agency issue, there are plenty of inquiries that are not serious or require a caseworker to step in. Asking constituents to sign a Privacy Release Form is a professional way a caseworker can ensure a constituent is serious about their problem and willing to provide the necessary information to pursue a solution.”
logrolling
Logrolling refers to a quid pro quo exchange of favors. In politics, “logrolling” generally refers to vote-trading by lawmakers to ensure that each legislator’s favored provisions have a higher chance of passing.
Specifically, logrolling means combining several provisions into one bill. Each of the provisions in the bill is supported by just a few members of Congress, and would not be able to pass through Congress on its own. But when the provisions are combined, or rolled together, they can secure a majority vote.
The term grew out of an old American custom in which neighbors helped each other to roll logs into piles for burning. Logrolling is also an obscure sport in which contestants balance on a log in water and try to make each other fall off.
In politics, logrolling usually comes into play when legislators need votes on a bill that would help out their home districts. Projects like Federally funded bridges, highways, and hospitals, which benefit people in the district but might be funded by federal taxes, are often pushed through thanks to logrolling.
Logrolling has a long history in the United States. It can be traced back as far as 1790, when Secretary of State Thomas Jefferson presided over a deal known as the “Compromise of 1790.” Politicians at the time were struggling to decide how the debts incurred during the Revolutionary War would be paid off. At the same time, they were trying to reach a deal about where the nation’s capital should be. Finally, at a dinner party hosted by Thomas Jefferson, Virginia representative James Madison agreed to Alexander Hamilton’s request that the Federal government should take responsibility for the war debt, in exchange for putting the nation’s capital on the Potomac.
President Lyndon Johnson is often described as a master of logrolling and of political deal-making. Johnson was a consummate politician who prided himself on knowing where every lawmaker’s interests were. He was famous for taking to the telephone or buttonholing Congressmembers in person in order to trade votes and get his favored legislation through Congress.
Logrolling, earmarking, and “pork barrel” spending all tend to be criticized by good-government groups and by watchdogs. The conservative-libertarian group Freedom Works, for example, is sharply critical of logrolling by both political parties.
But some pundits argue that logrolling is just the simplest way to push big, complicated laws through Congress. They argue that, by its nature, logrolling forces politicians to compromise and to make deals, abandoning more extremist positions in order to find a middle ground.
In 2014, a study found that “backroom deals” and political methods like earmarking and logrolling could actually be beneficial to government. The study found that such practices lead to greater understanding among political parties, by forcing them to interact with each other for prolonged periods of time. The study also found that closed-door meetings lead to more compromise, while increased transparency can lead to political rigidity and posturing.
leader time
Ten minute time allotted to majority and minority leaders at the start of the daily session. Leaders use the time to discuss any important issues or the day’s legislative agenda. All or part of the leader time may be reserved for use later in the day.
lay on the table
A motion for the permanent disposal of a bill, resolution, amendment, appeal, or motion.
One of the most widely used parliamentary procedures, tabling can be effected through unanimous consent — where the Chair states: “without objection, the matter is laid upon the table” — or put to a vote. However, tabling a resolution can be controversial because it permanently ends debate on an issue.
“Lay on the table” should not be confused with the same term used in the United Kingdom and Commonwealth countries where “tabling” refers to beginning consideration of a resolution or issue.
king of the hill
A special rule in the House for sequencing different amendments. If more than one version receives a majority of votes, the last one to win a majority prevails.
An excerpt from The American Congress explains:
“Special rules are highly flexible tools for tailoring floor action to individual bills. Amendments may be limited or prohibited. The order of voting on amendments may be structured. For example, the House frequently adopts a special rule called a king-of-the-hill rule. First used in 1982, a king-of-the-hill rule provides for a sequence of votes on alternative amendments, usually full substitutes for the bill. The last amendment to receive a majority wins, even if it receives fewer votes than some other amendment. This rule allows members to vote for more than one version of the legislation, which gives them freedom both to support a version that is easy to defend at home and to vote for the version preferred by their party’s leaders. Even more important, the procedure advantages the version voted on last, which is usually the proposal favored by the majority party leadership.”
Also see: Partisanship or Protection: Examining the King of the Hill Rule.
junket
A pleasure trip taken by a politicians with expenses paid for with public funds.
President Obama was accused of wasteful spending on a junket to New York in May, 2009 for dinner and a show with his wife.
aisle
The aisle refers to the space which divides the majority side from the minority on the House and Senate floor. When debating, members frequently refer to their party affiliation as “my side of the aisle.”
When facing the front of the chamber, Democrats sit on the left side of the aisle; Republicans on the right.
K Street
K Street refers to the area in downtown Washington, D.C. where many lobbyists, lawyers and advocacy groups have their offices. It’s become a term to refer to the lobbying industry as a whole.
In fact, the Washington Post has noted that most major lobbying firms don’t operate out of K Street any more. Only one of the top twenty lobbying companies still has a K Street address. The move away from K Street started in the 1980s, but the term still retains its original meaning as a shorthand for the lobbying industry.
“K Street” is generally a derogatory term. It’s used as a synonym for influence peddling and for the power of special interests. In fact, the term K Street is widely used as a symbol for the problems that many people see with the federal government.
K Street is widely criticized for the influence it exerts over politicians. Analysts argue that lobbyists working for, say, the pharmaceutical industry are influencing legislation in a way that benefits the industry, rather than ordinary Americans.
In 2019, the top spenders on lobbying included healthcare and insurance companies, tech firms, and broadcasters. Americans of all political stripes tend to distrust lobbyists, seeing them as favoring “special interests” over the good of the broader population.
K Street also comes under widespread criticism because of the so-called “revolving door” between Capitol Hill and the leading lobbying firms. The complaint is that former federal employees get jobs as lobbyists, consultants, and strategists; at the same time, one-time lobbyists get jobs as federal employees. The result, some say, is a permanent ruling class that can easily turn into an echo chamber.
Lobbyists argue that, in fact, they are exercising a key first amendment right. The first amendment protects five key rights and forbids Congress from enacting any laws that would restrict those rights. The fifth right protected by the first amendment is the right of the people to petition their government for redress of grievances.
Lobbyists argue that they are simply the professionals charged with allowing people to exercise their first amendment rights to petition their government and advocate for their cause. As the government grows bigger and more complicated, petitioning the government also becomes more and more complicated. It’s not something that an ordinary citizen can do; in the modern world, petitioning the government needs to be done by a professional lobbyist.
The term “lobbyist” dates back to 18th century England, when men known as “box-lobby loungers” began hanging around in the lobbies of London theaters. The lobby loungers weren’t there to watch a play – they were there to meet the wealthy and powerful Londoners who attended the theater. It wasn’t long before lobby loungers appeared in American theaters too. The term “lobbyist” was first used in a political sense in the 1810s; it was first seen in print when a New York newspaper described a man named William Irving as a “lobby member” of the New York legislature.
cats and dogs
Cats and dogs are are leftover “stray” bills on minor subjects saved for days when the House or Senate have light floor schedules.
recall election
A recall election allows voters to oust an elected official, by means of a direct vote,while that official is still in the middle of their term. Recall elections are relatively rare and usually take place after the official does something which their opponents believe to be illegal or immoral.
The laws on recalls vary from state to state. In all but eleven states, some form of recall is allowed. In some states, recalls are allowed for all elected officials. In most states, though, there are strict rules about which officials can be subject to a recall. Many states also have rules about how long officials must serve before they can be recalled.
Federal law does not have any provision for recalling federally-elected officials, although some people have argued that voters have the right to recall members of Congress. The Supreme Court has never ruled on that issue, although the court has ruled that states cannot impose qualifications on members of Congress.
Analysts generally describe the recall as a populist initiative, an attempt to ensure that elected officials remain accountable to their constituents. The recall system dates back to colonial times; the laws of the Massachusetts Bay Colony allowed for officials to be recalled. After independence, 11 states passed laws allowing for recalls of state officials. At the time, state legislatures, rather than voters, carried out the recall.
In modern times, voters have mainly used recall elections against local government officials, like mayors and judges. However, governors have also been recalled. In 1921, North Dakota voters used a recall election to oust the state’s governor; the same thing happened in California in 2003.
One of the most dramatic recall elections in recent history happened in Wisconsin, in 2012. The states Democrats and Republicans were locked in a battle over the rights of unions. The fight, which attracted national attention, saw Democratic politicians physically flee the state to avoid having to vote on a bill that would have restricted the right to collective bargaining. With so many lawmakers absent, it was impossible to vote on the measure.
Finally, the Republican leadership amended the bill to make a vote possible, and governor Scott Walker signed it into law. In response, Democrats petitioned to recall Walker. Walker ultimately survived the recall vote, defeating both the Democratic candidate, Milwaukee Mayor Tom Barrett,and independent candidate Hariprasad Trivedi.
Some pundits believe that recalls are becoming more common in recent years. In August 2019, FiveThirtyEight reported that there were five governors being targeted for recall around the country. Gavin Newsom, the governor of California, may be the most high profile case. As of early 2020, Newsom was facing two separate recall efforts, although it was not clear whether either effort would succeed.
Only two governors have ever been successfully recalled. In 1921, Gov. Lynn Frazier of North Dakota was recalled during a dispute about state-owned industries, and in 2003, Gov. Gray Davis of California was recalled over the state budget.
impeachment
An impeachment is a formal charge of criminality raised against an elected official in the first step to remove them from office. In the federal government, only the House of Representatives may bring an impeachment while only the Senate may try and convict the accused. A conviction requires a two-thirds vote in the Senate and results in removal of the accused from office.
Impeachment can also occur at the state level, according to their respective state constitutions.
The impeachment process should not be confused with a recall election which is usually initiated by voters.
yeas and nays
A recorded roll call vote of Members of the House or Senators.
The U.S. Constitution directs that “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.”
The action does not necessarily bring debate to an end. It does mean that whenever debate ends, a roll call vote will occur.
pocket veto
A legislative tactic that allows the President to indirectly veto a bill.
The U.S. Constitution requires the President to sign a bill within the 10 days if Congress is in session. If Congress is in session and the president fails to sign the bill, it becomes law without his signature. However, if Congress adjourns before the ten days are up and the President does not sign the bill, it will not become law. Ignoring it, or putting it in your pocket, has been called a pocket veto.
Swiftboating
An untrue or unfair political attack or smear campaign.
The term comes from the 2004 presidential campaign when the Swift Boat Veterans for Truth produced a series of television ads and a bestselling book that challenged Kerry’s military record and criticized his subsequent antiwar activities. Kerry himself had served for four months as a swift boat commander in Vietnam.
The term “swiftboating” soon became used to describe political tactics of the group.
October surprise
An October surprise is a news event which takes place shortly before a closely-watched election and which may influence the election’s outcome.
Usually, the term in reference to a presidential election, although it can be applied to any election.
Merriam Webster notes that October surprise wasn’t always a political term. In the early 20th century, it referred to the annual autumn sales held by major department stores. Around 1980, people started using October surprise in its modern political sense.
An October surprise can take many different forms. A natural disaster, an economic downturn, or even a war can all impact elections, especially if they take place just before people go to the polls. All of those count as an October surprise. However, the term is more commonly used for deliberately planned news events. Last-minute revelations about a candidate’s personal life or their finances can also constitute an October surprise.
In 2000, George W Bush was running for president against Al Gore. The two were in a close race, but Bush appeared to have pulled ahead. Then in early November, the news broke that Bush had been arrested and charged with a DUI in Maine back in 1976. The news shook Bush’s support. Karl Rove, Bush’s chief strategist, later said that if the DUI news had never become public, Bush would have won the popular vote, eliminating the need for a recount.
In October 2004, when Bush was running for re-election, Osama bin Laden released a video that boosted the president’s position in the polls. The video referred to the September 11 attacks and called President Bush a dictator, accusing him of repressing civil liberties by means of the Patriot Act. The video put national security back at the forefront of public discussion and likely inflated support for the president.
Four years later, in 2008, John McCain was running for president against Barack Obama. In October, the stock market crashed, unemployment reached an all-time high, and the global economy seemed to be on the point of collapse. The market crash was widely credited with helping Obama win the election.
The most famous October surprise of them all, however, may be one which never actually took place. In 1980, Ronald Reagan was running for president against the incumbent, Democrat Jimmy Carter. The Reagan campaign was reportedly afraid that Carter would orchestrate a last-minute deal to free the American hostages that had been held in Iran since 1979. Reagan’s staffers feared that if the hostages were released, Carter would get a huge bump in the polls.
In the event, though, Iran waited to free the hostages until just after Ronald Reagan was inaugurated as president. Since then, theories have abounded as to what happened. Many Democrats believe that Reagan himself made a deal with Iran, asking them not to liberate the hostages until after he won the election. What’s clear is that, in the absence of an October surprise, Reagan was able to sweep to victory.
motor voter
The name given to the process of allowing a citizen to register to vote when obtaining or renewing a driver’s license.
The National Voter Registration Act of 1993 made the process mandatory across the country beginning in 1995.
recess appointment
A presidential appointment typically requiring Senate approval that is made during a Senate recess. To be confirmed, the appointment must be approved by the Senate by the end of the next session of Congress or the position becomes vacant again. Recess appointments are authorized by Article II, Section 2 of the U.S. Constitution.
Recess appointments permitted the president to make appointments when the Senate was adjourned for lengthy periods. More recently, however, the president has used the privilege to push through unpopular candidates. For example, during his second term, President Bush appointed several controversial candidates while the Senate was in recess. In 2007, Senate Majority Leader, Harry Reid, retaliated by holding pro forma sessions during Senate recesses. As a result, the Bush administration was unable to make further recess appointments.
bill
A proposed law introduced in either the U.S. House of Representatives or the U.S. Senate.
A bill originating in the House is designated by the letters “H.R.” followed by a number and bills introduced in the Senate as “S.” followed by a number. The sequential numbering of bills for each session of Congress began in the House in 1817 and in the Senate in 1847.
In 1975, Schoolhouse Rock aired an educational segment, “I’m Just a Bill,” introducing children to the concept of how a bill becomes a law.
hardball
A no-nonsense attitude or approach to getting what you want in politics.
From the introduction to Hardball by Chris Matthews: “Let me define terms: hardball is clean, aggressive Machiavellian politics. It is the discipline of gaining and holding power, useful to any profession or undertaking, but practiced most openly and unashamedly in the world of public affairs.”
Example from All the President’s Men: “This is the hardest hardball that’s ever been played in this town. We all have to be very careful, in the office and out.”
witch hunt
A politically-motivated, often vindictive investigation that feeds on public fears.
The term refers to the witch hunts in 17th-century Salem, Massachusetts, where many innocent women accused of witchcraft were burned at the stake or drowned.
Sen. Joseph McCarthy’s (R-WI) search for Communists in the federal government during the 1950s is often referred to as a witch hunt.
whistle-stopping
The practice of making political speeches or appearances in many different towns during a short period of time.
The term originates from the time when politicians mainly traveled by train and gave speeches from the back of the train during “whistle-stops” in small towns. The term now covers any means of travel punctuated by multiple short stops.
photo-op
Short for a “photo opportunity,” an event specifically staged for television news cameras or photographers to increase a politician’s exposure.
The term was reportedly coined during the Nixon administration by Bruce Whelihan, an aide to Nixon Press Secretary Ron Ziegler. Ziegler would say, “Get ’em in for a picture,” and Whelihan would dutifully announce to the White House press room, “There will be a photo opportunity in the Oval Office.”
demagogue
A politician whose rhetoric appeals to raw emotions such as fear and hatred in order to gain power.
Former Sen. Joseph McCarthy (R-WI) is often cited as a classic demagogue for his practice in the 1950s of smearing prominent Americans with baseless accusations being Communists.
fence mending
After making an unpopular vote or taking an unpopular action, lawmakers will often need to return to their districts in an attempt to “mend fences” with constituents.
The term originated in 1879, when Sen. John Sherman (R-OH) made a speech in which he said, “I have come home to look after my fences.” Though Sherman may have literally meant he was going to repair fences on his farm, the line was widely interpreted to mean that he had come with a political motive and rebuild support in the coming elections.
pro forma session
A brief meeting (sometimes only several seconds) in which no business is conducted. It is held usually to satisfy the constitutional obligation that neither chamber can adjourn for more than three days without the consent of the other.
Pro forma sessions can also be used to prevent the President from making recess appointments, pocket-vetoing bills, or calling the Congress into special session. During a 2007 recess, for example, Senate Majority Leader, Harry Reid, planned to keep the Senate in pro forma session in order to prevent further controversial appointments made by the Bush Administration. Said Reid: “I am keeping the Senate in pro forma [session] to prevent recess appointments until we get this process on track.”
coattail effect
A phenomenon whereby a political candidate or leader’s popularity leads to improved vote totals for fellow party candidates further down the ballot.
Origins and History
A coattail refers to a part of the coat extending below the waist that provides extra coverage. The coattail effect or the alternate phrase “riding on someone’s coattails” is a relatively recent entrant into the political lexicon. The concept’s origins are murky though U.S. Rep. Abraham Lincoln’s 1848 speech discussing General Zachary Taylor’s “coattails” seems to be the first notable use.
In this speech, Lincoln highlighted Democratic Party hypocrisy in their critiques of Whigs hiding under presidential nominee Taylor’s “military coat-tail.” The future president pointed to two decades of Democratic hiding under Andrew Jackson’s coattail as evidence of this hypocrisy. Lincoln’s use of coattail refers more to a presidential candidate providing cover for fellow party members rather than a rising political tide lifting all boats.
The Google Books Ngram Viewer points to the recency of the coattail effect’s use in political literature. In a search of all books from 1800 to 2008, there are no mentions of this phrase until 1947. There is a spike in the term’s use by 1957, which peaked by 1996.
The presidencies of Dwight Eisenhower, Ronald Reagan, and Bill Clinton illustrate positive and negative coattail effects. Eisenhower was a popular figure following his role in Allied victory in World War II. This popularity and his reluctance to political power contributed to his election in 1952 and Republican control of the House and the Senate.
Reagan’s appeal to conservative Democrats and Republicans helped him win the presidency in 1980. Republicans regained the Senate for the first time since Eisenhower’s first term due to the down-ballot effects of Reagan’s election.
Clinton emerged from a three-candidate race in 1992 with a Democratic Congress. After two years of an embattled presidency, Republicans retook the House and Senate by offering a Contract with America to counter what they viewed as presidential overreach on healthcare. Clinton’s struggles weighed heavily on Democratic congressional candidates.
Recent studies have raised questions about the power of the coattail effect. The University of Virginia Center for Politics published a report in 2011 that highlighted inconsistencies in a president’s impact on congressional races. Political scientist Robert Erikson’s 2016 study of the coattail effect found that Democratic votes for Congress fluctuate for both presidential popularity and evaluations of the likelihood of Democratic victory.
Examples
Fox 5 Atlanta (February 7, 2020): “Biden argued that he’s the only Democratic candidate who’d have a coattail effect for Senate candidates in battleground states and GOP-leaning states like North Carolina and Georgia.”
The Hill (June 18, 2016): “‘They’re whistling past the graveyard,’ said Larry Sabato, director of the University of Virginia’s Center for Politics, when asked about GOP skepticism of a presidential coattail effect in 2016.”
The New York Times (October 17, 1982): “But a poll by The New York Times indicates that the coattail effect is weak, with supporters of one Democrat often planning to vote a split ticket, and vote against the other candidate.”
checks and balances
“Checks and balances” refers to the Constitutionally mandated separation of powers that results from divided branches of government.
The U.S. Constitution divides power among the three branches of government — executive, legislative, and judicial — to prevent any one from having too much power. Each branch is said to have the ability to check the power of the others, thereby maintaining a balance in the government.
Though it’s sometimes said the United States has three “equal” branches of government, in reality the power of each has fluctuated throughout history.
Examples of checks and balances include:
- The president (Executive) is commander in chief of the military, but Congress (Legislative) approves military funds.
- The president (Executive) nominates federal officials, but the Senate (Legislative) confirms those nominations.
- Both the House and the Senate have to pass a bill in the same form for it to become law.
- Once Congress (Legislative) passes a bill, the president (Executive) has the power to veto it.
- The Supreme Court (Judicial) and other federal courts can declare laws or presidential actions (Executive) unconstitutional.
The idea of checks and balances in government dates back to ancient times, as described by History.com: “In his analysis of the government of Ancient Rome, the Greek statesman and historian Polybius identified it as a ‘mixed’ regime with three branches: monarchy… aristocracy…and democracy. These concepts greatly influenced later ideas about separation of powers being crucial to a well-functioning government.”
Years later, in his work “The Spirit of the Laws” in the 18th century, Enlightenment author Montesquieu codified the idea of “checks and balances” when he warned of the threat of despotism by suggesting that there should be different parts of the government to exercise legislative, executive and judicial authority, all under the rule of law.
Montesquieu’s suggestion was later adapted by James Madison who, often described at the Father of the Constitution, wrote: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
Most historians agree that, like with any part of living history, the system of checks and balances has served our country well but goes through periods of stress, particularly during events like government shutdowns. As noted by Politico: “Our forefathers in their wisdom established a system of checks and balances in our Constitution to limit power in any one branch of government. That system has worked effectively for more than 200 years to limit power, but it also led to periods of legislative gridlock. We are in one of those periods of total gridlock with the current partial shutdown of the federal government. Each of the parties has dug in.”
Throughout the years, many have argued that the system of checks and balances is failing, as noted here, in reference to NSA’s controversial practice of telephone surveillance of U.S. citizens.
During the Trump administration, the system of “checks and balances” came under intense scrutiny, with a litany of articles suggesting the 45th president, with help from Congress, had placed too much power in the hands of the Executive branch.
The Bulwark: “The Trump administration’s radical expansion of executive power is beckoning what the Founders called “the very definition of tyranny.”
The Atlantic: “By the letter of the Constitution, and by the unwritten norms of American separation-of-powers governance, the main restraint on an overreaching, dishonest, or incompetent executive is a resolute legislative branch. But today’s legislative leaders—Mitch McConnell and his slim Republican majority in the Senate, Paul Ryan and his large Republican majority in the House—are ostentatiously refusing to play that check-and-balance function.”
Many blame the rise of intense partisanship over the last 20 years to further erosion of our system of checks and balances.
bleeding heart
A term that describes people whose hearts “bleed” with sympathy for the poor and downtrodden.
It’s frequently used to criticize liberals who favor government spending for social programs. However, former Republican Vice Presidential nominee Jack Kemp was remembered in a Los Angeles Times obituary as a “bleeding heart conservative” for policies he supported to empower poor people.
Blue Dog Democrats
The Blue Dog Democrats are a coalition of moderate House Democrats. The group is dedicated to fiscally conservative legislation and a strong national defense. They present themselves as the “commonsense” alternative to political extremism.
When the blue dog coalition was first formed, in 1995, their main issue was calling for a balanced budget. The group has also worked on legislation to reduce the national debt and to reform the welfare system.
The founding members of the blue dog Democrats complained that they had been “choked blue” by extremist politicians on both sides of the aisle. They took their name from that expression. The group was also inspired by the famous “blue dog” paintings of the Cajun artist George Rodrigue. Blue dog Democrats also say they based their name on “the long-time tradition of referring to a strong Democratic Party supporter as being a “Yellow Dog Democrat,” who would have ‘sooner voted for a yellow dog than a Republican.’”
In 2009, Blue Dog Democrats held 54 seats in Congress, representing 21 percent of Democratic presence in the House. Support for the Blue Dog coalition fell dramatically in 2010, though, as politics became more polarized. Voters preferred to send more strongly partisan representatives to the House, and it became difficult for centrist politicians to hold their seats in Congress. The spread of the Tea Party also hurt Blue Dog Democrats.
In recent years, the coalition has experienced a resurgence, hiring a communications director and planning a nation-wide strategy. Many pundits say that this resurgence is due to the election of Donald Trump, which, they say, has created much greater interest in moderate and centrist Democratic candidates. In 2017, the Blue Dog coalition systematically endorsed candidates running in districts where President Trump won in 2016. They also stepped up their fundraising activities. At the urging of some members, the group stopped accepting donations from the NRA.
As of 2020, roughly two dozen congressional Democrats claimed membership in the Blue Dog coalition. Members of the coalition say that the Blue Dogs have changed since the group was founded over two decades ago. While the Blue Dogs used to be made up of white men, the group now includes women and is racially diverse. And, while Blue Dogs originally came mainly from southern states, the current coalition includes lawmakers from the Midwest, the northeast, and the western states.
At the same time, the Blue Dog coalition faces competition from the New Democrat Coalition, another group of centrist Democrats. The New Democrat Coalition currently has 61 members and holds a third of the Democrats in the House of Representatives.
The Blue Dog Democrats continue to push for fiscally conservative policies. In a response to President Trump’s proposed 2020 budget, the group lamented that the country faces a $1 trillion annual deficit and that, as they put it, “a lack of fiscal discipline is forcing us to pay more on interest incurred on the national debt than we spend on our kids.”
Yellow Dog Democrat
A yellow dog Democrat was a Southern voter who was unwavering in their loyalty to the Democratic party. Those faithful Democrats swore that they would “vote for a yellow dog” before they’d vote for a Republican.
According to William Safire, the term was first used in 1928. That’s when a New York Democrat named Al Smith was running for president. Many Southern Democrats disapproved of Smith, who was a “wet,” or anti-prohibitionist. Alabama Sen. Tom Heflin went so far as to leave the Democratic party because he didn’t want to support Smith. Other Alabama Democrats, though, declared their loyalty to the party by saying, “I’d vote for a yellow dog if he ran on the Democratic ticket.”
The term is largely out of use now. It refers to a time when the Democratic party dominated not only Alabama, but the whole American South. It also dates back to a time when Democratic policies were strikingly different than they are today.
During the lead-up to the Civil War, Southern Democrats called for slavery to remain legal throughout the United States. Meanwhile the new Republican party began calling for limits on slaveholding.
After the Civil War, the Democratic Party established a strong presence in the southern states. Democratic politicians at the time were overwhelmingly conservative and white. They opposed laws that would have protected the civil and voting rights of African Americans. State legislatures in the south imposed Jim Crow segregation laws and made it difficult for African Americans to vote.
Democrats maintained control of the South well into the 20th century. Southern Democrats largely supported the New Deal, although they did try to stop the spread of the labor movement and in some cases opposed the growth of Federal power, arguing for states’ rights. They also blocked the passage of an anti-lynching. Throughout the 1930s and into the 1940s, the South remained solidly Democratic territory.
The Democratic party finally started to lose power in the South in 1948. That’s when the Democratic National Convention supported President Harry Truman’s stance on civil rights for African Americans. Many Southern Democrats left the party in anger. They determined to nominate Strom Thurmond as their alternative candidate, under the banner of the States’ Rights Democratic Party.
Even after that, Democrats did hold on to local seats in the South and continued to play a major role in shaping local laws. The party’s power in the region shrank little by little over the years, slowly. The party finally took a major hit with the passage of the Civil Rights Act. Finally, in 1964, the Republican presidential nominee Barry Goldwater won a sweeping victory across the Deep South. Goldwater was a staunch opponent of the Civil Rights Act and a supporter of states’ rights. His candidacy is often seen as a turning point in American politics. It drove African American voters to leave the Republican party, and it drove many white southern voters away from the Democratic party.
gerrymander
Redistricting by the party in power to insure maximum votes for their candidates or make it more difficult for an opposition party to defend their seats.
The Library of Congress notes the term originated in 1811, when Massachusetts Gov. Elbridge Gerry signed a bill that created a new district resembling a salamander, provoking the Boston Gazette editor to say, “Salamander? Call it a Gerrymander!”
smoke-filled room
Typically a place where secret political deal-making occurs. In earlier times, many political operatives smoked cigars which filled the rooms with smoke.
Encyclopedia of Chicago: “The original smoke-filled room was in Chicago’s Blackstone Hotel, where, according to an enduring legend, a small group of powerful United States senators gathered to arrange the nomination of Warren G. Harding as Republican candidate for president in 1920… when the Associated Press reported that Harding had been chosen ‘in a smoke-filled room,’ the phrase entered the American political lexicon. Ever since, ‘smoke-filled room’ has meant a place, behind the scenes, where cigar-smoking party bosses intrigue to choose candidates.”
trial balloon
An idea suggested by a politician in order to observe the reaction. If public reaction is favorable, the politician pursues the idea and takes full credit.
The term originates with the testing of the first hot air balloons in the late 18th century. Unmanned balloons were sent up into the atmosphere to determine if they were safe for human travel.
rubber chicken circuit
In politics, a “rubber chicken circuit’ is the nickname given to the endless parade of dinners that political candidates must attend during a campaign for office in order to meet donors and raise money.
The term refers to the pre-cooked, stale and unappetizing meals often served at these fundraising dinners. As described in The Guardian, it describes “the abundance of cold drumsticks on the buffet tables.”
The first known use of this term dates back to the 1950s when improvements in transportation made it easier for candidates to travel the city, state or country in which they were running to meet with potential supporters. Perhaps the earliest use is from a 1953 New York Times article: “Pity the poor coach. This is his twenty-first engagement on the ‘rubber chicken circuit’ in the past month and he has to drive 200 miles to the next town after he has finished his pleas for John and the other departing seniors.”
Over the years, countless candidates have hit the “rubber chicken circuit” to pound the flesh, raise money and meet wealthy donors. In 2012, Politico described then Maryland governor, and future presidential candidate, Martin O’ Malley’s appearance at Iowa steak dinner as ‘ramping up his presence on the national rubber-chicken circuit.”
During the lead up to the 2016 presidential race, in describing what Hillary Clinton will have to do to win the Oval Office, the Washington Post noted: “She’s going to have to spend time on the rubber-chicken circuit, looking inquisitive in factories (donning safety goggles as well) and dealing with a whole lot of minutiae.”
The term “rubber chicken circuit” is not just limited to campaigning, but also refers to the spate of high-profile speeches given by former officeholders, as in the case of Newt Gingrich, whose “rubber chicken circuit” speeches are described here in Wired Magazine as earning the former Speaker of the House “$50,000 a pop.”
While the rubber chicken circuit has long been a staple of donor-based campaigning, in more recent years it has become more associated with elitism in the political arena: From a 2020 article from The Independent, quoting Donald Trump, Jr.: “I am not an elitist. Never have been, never wanted to be and certainly never tried to get on the BS rubber chicken dinner circuit,”
Of course, the food served at these countless political dinners is not limited to poultry: the “rubber chicken circuit” is also sometimes referred to as the “mashed potato circuit.”
pork barrel projects
Wasteful government expeditures that lawmakers secure for their local districts in an attempt to gain favor with voters.
The term first came into use as a political term just after the Civil War. It’s derived from the practice of plantations distributing rations of salt pork to slaves from large wooden barrels as a reward or for special occasions
muckraker
A journalist who investigates the scandalous activities of public officials and businesses.
The term “muckraker” was first used in a speech on April 14, 1906 by President Theodore Roosevelt: “In Bunyan’s Pilgrim’s Progress you may recall the description of the Man with the Muck-rake, the man who could look no way but downward with the muck-rake in his hands; Who was offered a celestial crown for his muck-rake, but who would neither look up nor regard the crown he was offered, but continued to rake to himself the filth of the floor.”
The most famous muckrakers in American history are probably Bob Woodward and Carl Bernstein for their work in exposing the corruption in the Nixon administration.
inside the Beltway
The area inside the Capital Beltway that encircles Washington, D.C.
An issue that is described as “inside the Beltway” is said to be only of concern to the people who work in the federal government and is of little interest to the nation at large.
fishing expedition
An open-ended investigation with no defined purpose, usually launched by one party seeking damaging information about another. These inquiries are compared to fishing because they pull up whatever they happen to catch.
Astroturfing
An artificially-manufactured political movement designed to give the appearance of grass roots activism.
Campaigns & Elections magazine defined astroturf as a “grassroots program that involves the instant manufacturing of public support for a point of view in which either uninformed activists are recruited or means of deception are used to recruit them.”
Unlike natural grassroots campaigns which are people-rich and money-poor, an astroturf campaign tends to be the opposiite, well-funded but with little actual support from voters.
Riddick’s Senate Procedure
Named after Senate Parliamentarian Emeritus Floyd M. Riddick, this Senate document contains the contemporary precedents and practices of the U.S. Senate.
It is updated periodically by the Senate Parliamentarian.
bully pulpit
A bully pulpit is a public office or position of authority that provides the holder with an opportunity to speak out and be listened to on any matter. In theory, the expression could refer to any position of authority. In practice, it is usually used to describe the presidency.
Origins and History
The phrase bully pulpit is attributed to President Theodore Roosevelt, who exclaimed the words in response to critics of his leadership style. Roosevelt said, “I suppose my critics will call that preaching, but I have got such a bully pulpit” as he wrote an address to Congress.
Roosevelt often used the adjective “bully” to describe an event or action that was good or entertaining. The noun pulpit refers to a raised stand used for readings during religious ceremonies.
The bully pulpit in Roosevelt’s mind wasn’t about pummeling legislators with presidential authority; rather, he believed the president could encourage the public to push their legislators on behalf of his agenda. Roosevelt, an avid reader and a prolific writer, coined an enduring phrase that would act as a litmus test for future presidents.
The Republican president was a more activist president than fallen successor William McKinley. Roosevelt won a Nobel Peace Prize for negotiating an end to the Russo-Japanese War. He intervened in a Pennsylvania coal strike and used executive orders to protect natural resources. Roosevelt remained a popular American figure beyond the end of his time as president with his name invoked during the 1916 and 1920 Republican nominating conventions.
Of course, Theodore Roosevelt was not the first president to use his position as a means of lecturing the American people. Abraham Lincoln was using a bully pulpit when he addressed the nation after the Civil War, urging the American people to move forward “with malice toward none, with charity for all.”
Public evaluations of the presidency include how officeholders have used the bully pulpit to promote their values and policies. Dwight Eisenhower was noted for staying clear of the bully pulpit, which contributed to his broad popularity over two terms in office. Jimmy Carter has been celebrated for using the fame of a former president to help domestic and international humanitarian organizations. Donald Trump’s use of Twitter and rallies show modern applications of the bully pulpit concept.
As Robert Schlesinger has noted, the bully pulpit has magnified as communications methods reach deeper into American life. The first presidential radio address was given by Warren Harding but Herbert Hoover and Franklin Roosevelt showed how the radio could engage the public. Harry Truman gave the first presidential speech on television but Eisenhower and John F. Kennedy showed the medium’s potential. Trump’s frequent use of social media follows earlier efforts by George W. Bush and Barack Obama to harness the Internet for bully pulpit purposes.
Social media has made it easier than ever for presidents to directly address the American people. Analysts have pointed out that President Donald Trump often uses his Twitter account as a kind of digital bully pulpit. The president took to Twitter to air his views during the impeachment hearings, to the dismay of many pundits. He also uses Twitter to discuss foreign policy and defense spending, among other issues. The president has also used Twitter to announce new policy initiatives and to express his opinions of other public figures.
Examples
Washington Post (July 2, 2017): “With the Republican push to revamp the Affordable Care Act stalled again, even some allies of President Trump question whether he has effectively used the bully pulpit afforded by his office and are increasingly frustrated by distractions of his own making.”
Forbes (January 19, 2017): “Properly exercised, the bully pulpit should reflect the leader’s personality, strengthening a natural and genuine extension of the leader’s communications relationship with followers.”
The Atlantic (April 2013): “The people agreed with Obama that the rich should pay more in taxes, agreed with Reagan that everybody should get a tax cut, and agreed with Franklin Roosevelt on Social Security. These presidents didn’t need to move the needle on these issues; all they had to do was marshal support. But the same three presidents, using the same bully-pulpit tactics, failed to win over the people – and the lawmakers – on other fronts.”
caucus
An informal meeting of local party members to discuss candidates and choose delegates to their party’s convention.
The term can also refer to informal groups of Members of the House of Representatives or the Senate used to discuss common issues of concern and conduct policy planning for its members. There are also regional, ideological, and ethnic-based caucuses in Congress.
The term comes from the Algonquian language and means “to meet together.”
William Harris: “The term Caucus is first attested in the diary of John Adams in l763 as a meeting of a small group interested in political matters, but William Gordon’s History of the Independence of the United States of America, 1788 speaks of the establishment of caucus political clubs as going back fifty years earlier than his time of writing in 1774, so a first-occurrence date for the caucus can be estimated in retrospect as early as 1724.”
Congressional Record
The official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. At the back of each daily issue is the “Daily Digest,” which summarizes the day’s floor and committee activities.
The Congressional Record is available online from 1994.
dog whistle politics
“Dog whistle politics” refers to the practice of sending out coded political messages, which are designed to be understood only by a narrow target audience.
In their literal form, dog whistles are instruments that emit high-pitched frequencies which only dogs can hear; human beings don’t even register the sound. In their figurative form, dog whistle messages can be heard and understood by members of certain groups, but not by the population at large.
According to Merriam Webster, “dog whistle” was first used figuratively in 1947. That’s when a book called American Economic History described a speech by Franklin Delano Roosevelt as being “designed to be like a modern dog-whistle, with a note so high that the sensitive farm ear would catch it perfectly while the unsympathetic East would hear nothing.” Merriam Webster notes that the expression didn’t become widespread until the mid 1990s.
Today, the term dog whistle is chiefly used to describe coded hateful messages. In society at large, it is not usually acceptable to make racist, sexist, or xenophobic statements. That means that politicians who want to make such statements need to use coded language, or, to put it another way, dog whistles.
In recent years, pundits have accused President Donald Trump of using dog whistles to convey xenophobic and racist messages to his supporters. The president came under heavy criticism when he tweeted that certain Congressional Democrats who “originally came from countries whose governments are a complete and total catastrophe” should leave the United States instead of criticizing his administration. Trump’s tweet was interpreted by some to be a thinly disguised attack on non-white members of Congress like Rashida Tlaib and Alexandria Ocasio Cortez, both of whom were born in the United States.
As a presidential candidate, Trump was accused of using racist anti-Semitic dog whistles to subtly empower white nationalists. Analysts argue that Trump’s supporters often picked up on the candidate’s messaging and responded to it by making overtly racist or anti-Semitic statements on social media.
Democratic politicians have also been accused of using dog whistles to covertly shore up support from white voters. Former Sen. Claire McCaskill came under fire after she said that Sen. Bernie Sanders might be too far to the left to win with midwestern voters. Many felt that McCaskill was using “midwestern” as code for “white,” and that she was deliberately setting herself apart from non-white people and Jews. Sen. Amy Klobuchar, a candidate for the Democratic presidential nomination in 2020, has similarly been accused of using “heartland” as a dog whistle to white voters.
Of course, the practice of using dog whistles dates back to well before the 1990s, when the term became widespread. Most analysts agree that Ronald Reagan was using a dog whistle when he spoke about “states’ rights” on a campaign stop in Mississippi, back in 1980. Reagan was, analysts say, appealing to southern segregationists, or, more broadly, to any white voter with racist beliefs. Since racism and xenophobia were already taboo, the only way to appeal directly to racist voters was through coded language, or dog whistles.
lame duck session
When the House or Senate reconvenes in an even-numbered year following the November general elections to consider various items of business. Some lawmakers who return for this session will not be in the next Congress. Hence, they are informally called “lame duck” Members participating in a “lame duck” session.
advice and consent
Under Article II of the United States Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the U.S. Senate. In addition, international treaties become effective only when the U.S. Senate approves them by a two-thirds vote.
live pair
An informal voluntary agreement between Members which is not specifically recognized by House or Senate rules. Live pairs are agreements which Members employ to nullify the effect of absences on the outcome of recorded votes. If a Member expects to be absent for a vote, he or he may “pair off” with another Member who will be present and who would vote on the other side of the question, but who agrees not to vote. The Member in attendance states that he has a live pair, announces how he and the paired Member would have voted, and then votes “present.” In this way, the other Member can be absent without affecting the outcome of the vote. Because pairs are informal and unofficial arrangements, they are not counted in vote totals; however paired Members’ positions do appear in the Congressional Record.
sine die
Without any future date being designated for resumption from the Latin term meaning “without a day.” An adjournment sine die signifies the end of an annual or special legislative session.
quorum call
A quorum call is a procedure used in both houses of Congress to bring to the floor the number of members who must be present for the legislative body to conduct its business.
Origins and History
The quorum call is established in Article I, Section V of the U.S. Constitution:
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each chamber needs a majority of its members present in order to conduct business. A majority of the U.S. House constitutes at least 218 members, while 51 senators form a quorum in the U.S. Senate. Quorum rules are often applied to local and state legislatures due to their presence in the Constitution and Robert’s Rules of Order.
Quorum calls may be used for their original purpose (“live quorum calls”) or as a delaying tactic (“routine quorum calls”). A representative can trigger a roll call vote in the House using a point of order. The presiding officer takes a headcount and calls a recess if there isn’t a quorum. From 1796 to 1890, the House used the number of votes on each measure to determine if a quorum was present. Speaker Thomas Reed (R) led a change in the chamber’s rules to compel a headcount to avoid votes that fail to reach a quorum.
Senators can raise questions about the chamber’s quorum at any point to force a roll call by the clerk. The chamber may be recessed until a quorum is reached or the sergeant of arms sent to request the presence of a quorum. This tactic can be used to allow time for behind-the-scenes negotiations between the parties. A call can also delay a vote until certain legislators back in the chamber.
Examples
Roll Call (January 31, 2020): “Before the vote, the Senate broke for a quorum call after arguments from each side for and against hearing from witnesses.”
Politico (January 21, 2020): “The chamber went into a brief quorum call to see what the next step is, and when the proceeding restarted it was clear no deal was reached as the Senate proceeded into a debate as long as two hours over subpoenaing Defense Department documents.”
Vox (July 3, 2018): “First, they’d initiate a quorum call or a roll-call vote. This, of course, would require a Democrat to be in the chamber, and perhaps several other Democrats to support a request for a vote or a quorum call.”
cloakroom
In politics, cloakrooms are spaces adjacent to the chambers of the Senate and the House where politicians from both parties can gather to discuss Congressional business privately. There is a separate cloakroom for each political party. Put simply, a cloakroom is to politics what a breakroom is to a normal office.
Cloakrooms were first established in the late 1800s as actual places for members to store their coats, umbrellas, hats and other apparel, but that usage became obsolete as more office space was built over the years. With the creation of individual offices for members, cloakrooms were converted into places for members to gather to talk about legislation, meet privately to discuss issues facing Congress, make secret deals, or just vent to each other about Congressional matters.
These rooms are closed to everyone except for Senators, Representatives, Senate Pages, some select staffers, and they may even have their own private phone numbers.
An elaboration of life in the cloakroom from CNN: “Floor assistants and cloakroom attendants are among those who work in the rooms. Their duties include alerting lawmakers when votes are coming up, telling them whether the chamber will be open on a snow day and working with pages to deliver messages.”
C-SPAN explained up the cloakroom environment as “food, phones, frivolity, and fights. They are noisy, smelly, and cramped spaces. The House cloakrooms both have snack bars (basic diner food, e.g. hot dogs, sandwiches, and soups, and yes, they have to pay), but when they’re still voting late into the night, it’s better than nothing. Senators don’t have snack bars, but Senate catering sends left-over food platters from receptions to the cloakrooms, so there is usually something to nosh on.”
“All the cloakrooms have old-fashioned phone booths and the cloakroom staff tell Members which numbered booth they can use to take or make a call. There are stacks of flyers from the Whip offices about the floor schedule; from outside groups stating their position about that day’s votes, and copies of leadership Dear Colleague letters to their troops. The furnishings are modest, even a little shabby: large leather lounge chairs, sofas, and many ash-trays because that’s where all the serious smokers hang-out. Talk about a smoke-filled room, the cloakrooms are it! There are wall-mounted television sets and regular tiffs about the remote control. Sometimes sports events are favored over the floor proceedings occurring just on the other side of the door.”
And the New York Times described them this way in 1986: “The Republican and Democratic cloakrooms are situated just off the floor of each chamber, and there a handful of men and women scramble to keep the members abreast of activity…”
“Although members of Congress themselves use the rooms a lot less frequently that their predecessors of earlier eras did, many still come around on the House side to take advantage of snack bars in the cloakrooms and occasionally to watch a crucial baseball game specially broadcast into the rooms.”
cloture
“Cloture” is legislative procedural term that refers to a motion or process by which debate is brought to a quick end.
From the French word meaning “the act of terminating something,” cloture is “basically a vote to go ahead on a vote, a procedural oddity of the Senate that allows a majority leader to ‘push past a recalcitrant minority,’” as described in a Pew Research article from 2017.
Simply put, cloture is a “is a blunt tool for managing the Senate,” wrote Brookings Institute’s Sarah Binder four years earlier in The Washington Post.
While it’s true that most legislators would prefer to come to a consensus rather than force an end to floor debate, cloture is a tool that began over 100 years ago under contentious circumstances. The Senate’s own website explains: “In 1841, when the Democratic minority hoped to block a bank bill promoted by Kentucky senator Henry Clay, he threatened to change Senate rules to allow the majority to close debate. Missouri senator Thomas Hart Benton rebuked Clay for trying to stifle the Senate’s right to unlimited debate.”
It goes on: “Three quarters of a century later, in 1917, senators adopted a rule (Rule 22), at the urging of President Woodrow Wilson, that allowed the Senate to end a debate with a two-thirds majority vote, a device known as ‘cloture.’”
The first time that cloture was actually used was two years later, in 1919, when the Senate invoked the rule to end a filibuster of the Versailles Treaty.
One of the most notable uses of cloture occurred was 45 years later, in order to put an end to a 57-day filibuster of the Civil Rights Act of 1964.
Despite some important uses of cloture, over the decades it became clear that the two-thirds majority needed to invoke it was prohibitive. Indeed, cloture was only successfully used 4 times from 1917 to 1960.
As described here, the rule was finally changed in 1975:
“The majority needed to invoke cloture in the Senate remained two-thirds, or 67 votes, of the 100-member body from the rule’s adoption in 1917 until 1975, when the number of votes needed was reduced to just 60.”
As result of the change to three-fifths, cloture became more common, and was used a record 187 times during the Democrat-controlled 113th Congress, which served during the Obama administration, a period of intense filibustering by Republicans.
While the three-fifth rule for cloture passed in 1975 eased the threshold for invoking the rule, there’s an additional option at the disposal of the Senate, the so-called “nuclear option.”
Famously used by Senate Republicans to speed up Trump administration judicial nominees, the nuclear option allows a cloture vote to pass with a mere majority of Senators. Here’s how it’s characterized by Politico: “The nuclear option — a change of the Senate rules by a simple majority — gained its name because it was seen as an explosive maneuver that would leave political fallout for some time to come.”
Cloture, and its use to end objections to certain legislation or approvals of nominees, remains a lightning rod to this day, a contentious and highly partisan tool of the U.S. Senate.
filibuster
An informal term for any attempt to block or delay U.S. Senate action on a bill or other matter by debating it at length, by offering numerous procedural motions, or by any other delaying or obstructive actions.
From the Senate Historical Office: “Using the filibuster to delay or block legislative action has a long history. The term filibuster — from a Dutch word meaning ‘pirate’ — became popular in the 1850s, when it was applied to efforts to hold the Senate floor in order to prevent a vote on a bill.
“In the early years of Congress, representatives as well as senators could filibuster. As the House of Representatives grew in numbers, however, revisions to the House rules limited debate. In the smaller Senate, unlimited debate continued on the grounds that any senator should have the right to speak as long as necessary on any issue.”
Sen. Strom Thurmond (R-SC) holds the record for the longest filibuster in his attempt to block the 1957 Civil Rights bill. Though he held the floor for 24 hours and 18 minutes, the bill passed just two hours after he stopped talking.
