376 Chapter 11 | Congress
replace the lottery program for legal immigration and family-based immigration with a
merit-based system. Trump’s proposal would also extend legal status and create a path to
citizenship for the 1.8 million Dreamers, including those eligible for the program who did
not sign up. Critics on the far right, such as Senator Ted Cruz, called it amnesty for illegal
immigrants, while those on the far left called for a “clean bill” that addressed only the
Dreamers. The “Common Sense Caucus” offered a bipartisan compromise that provided
funding for the wall, the DACA fix, and some changes to family-based immigration, but
this was rejected by the president.
On a basic level, this appears to be an example of congressional incompetence and
dysfunction. How could a policy with such broad support and positive consequences
for the economy not be passed? But it is not unusual for congressional leaders to use a
consensual policy (DACA) to help pass more controversial legislation (building the wall
with Mexico). Some would argue that it is an essential feature of the legislative process.
The essential nature of conflict and compromise in the legislative process is not very
well understood by the general public. Americans often view the type of wheeling and
dealing that is necessary to reach compromises as improper and wonder why there is
so much conflict. A typical sentiment is, “Why does there have to be so much partisan
bickering? Can’t they just implement the best solutions to our problems?”
In this chapter, we argue that Congress members’ behavior is driven by their
desire to respond to constituent interests (and the closely related goal of reelection)
and constrained by the institutional structures within which they operate (such as
the committee system, parties, and leadership). At the same time, members try to
be responsible for broader national interests, which are often at odds with their
constituents’ interests and, consequently, the goal of reelection.
This tension between being responsible and responsive is a source of conflict
and requires members of Congress to make tough decisions, often involving political
trade-offs and compromises. Should a House member vote for dairy price supports
for her local farmers even if it means higher milk prices for families around the nation?
Should a senator vote to subsidize the production of tobacco, the biggest cash crop
in his state, despite the tremendous health costs it imposes on millions of Americans?
Should a member vote to close a military base, as requested by the Pentagon, even if
it means the loss of thousands of jobs back home? These are difficult questions. On a
complex issue, such as immigration, there is no obvious “responsible” solution and fair-
minded people can disagree. These disagreements take on a partisan edge, as most
Republicans favor building a stronger border with more limits on legal immigration
while most Democrats do not, which obviously leads to conflict. Why is it so hard for
Congress to compromise on issues that appear to be consensual, like protecting the
Dreamers? How can members of Congress best serve the collective interests of the
nation while also representing their local constituents?
Congress and the People
Congress and the Constitution
Congress was the “first branch” in the early decades of our nation’s history. The
Constitution specified for Congress a vast array of enumerated powers, including
regulating commerce, coining money, raising and supporting armies, creating the
courts, establishing post offices and roads, declaring war, and levying taxes (see Article I,
EXPLAIN HOW MEMBERS OF
CONGRESS REPRESENT THEIR
CONSTITUENTS AND HOW
ELECTIONS HOLD MEMBERS
ACCOUNTABLE
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