WHAT'S THE MATTER WITH CONGRESS?
Kefauver, Rep. Estes
What's The Matter With Congress? By REP. ESTES KEFAUVER EDITOR'S NOTE : Th is is the first of several articles proposing methods of modernizing our great lawmaking branch of government and making...
...Francis Maloney...
...If we are to legislate intelligently, if we are to meet the great international and domestic issues coming before us, we must improve our system of securing information...
...One appearance on the floor of the House in each of these cases, in which the administrator would explain the war production problem, the war manpower problem, or the rubber problem (as the case may be), should have been sufficient...
...The Rules Committee of the House would fix the length of time for the period, which in any case would not be more than two hours, and the Rules Committee would also fix the priority of appearances in the event more than one invitation is pending at any one time...
...It provides the best possible opportunity to find how the people are affected by a given course of administration, and it enables the executive to find out what the people are thinking...
...One of the great values of having cabinet members and administrative agents report in person to the members of the House is that such appearances would necessitate clear definitions of policy on the part of the Executive...
...The citizen may, of course, not get what he wants, but he knows why he doesn't get it and he knows his interest is not disregarded...
...In my opinion, the Constitution contemplated a two-fold process of interrogation...
...Any workable plan for this purpose would be beneficial to the Executive, the members of Congress, and to the people of the nation...
...Before an administrator appeared at a question period, he would naturally call upon the Chief Executive to clearly define the policy of the administration in regard to the matters about which he would be questioned...
...But now that the nation is crowded, harassed by serious social and economic problems, and deeply involved in world affairs, better teamwork is necessary for our welfare and security...
...We must find better methods of keeping up with the administration of laws and we must find a way of improving the teamwork between the Executive and the Legislative...
...Beard speaks the truth...
...The system I am advocating can be put into effect by a mere change in the rules of the House or of the Senate...
...The administrators would consider more deliberately their decision if they knew they would be called upon to give an account of what they were doing before the House...
...These improvements are contemplated by the resolutions introduced by my able colleague, Rep...
...Congressional interrogation tentatively begun in the early years of our Government has lapsed...
...Most Congressmen, of necessity, spend more time representing their constituents with the bureaus than they do in representing the people of the nation in the halls of Congress...
...ESTES KEFAUVER EDITOR'S NOTE : Th is is the first of several articles proposing methods of modernizing our great lawmaking branch of government and making it more responsive to the needs of our complex era...
...I find it very difficult to attend all the meetings of the one committee of which I am a member...
...Unless the present calamitous tendency is checked, Congress will soon find its principal function as an index to the bureaus...
...Today, members of Congress are under severe handicaps in keeping check on the Executive agencies and in securing information necessary for intelligent legislating...
...This procedure would be beneficial to the Cabinet members and heads of the departments...
...It is shameful that Congressional committees do not have better staffing and that Congress as a whole does not have a more adequate information service...
...It would keep the people informed...
...Stimson, and others could have made their statements before the full membership of the House...
...Would it not have been better if Mr...
...Would it not be of interest if the Banking and Currency Committee would invite some administrator to the floor of the House to tell all of us what is being thought of and planned in the matter of international currency...
...Phil volunteered for duty in December, 1941, was called to the colors and commissioned a captain in March, 1942, and was ordered overseas in August, 1942...
...In international relations we must work in closer harmony—-the ends of Pennsylvania Avenue must be brought closer together...
...Every member of Congress was vitally interested regardless of the committee on which he served...
...In the larger units of government, such as the Federal Government, the method of direct interrogation by citizens cannot be employed...
...It gives the executive an opportunity to explain his problems to the people and to defend his course of action...
...This condition will continue regardless of the administration in power...
...There must be one foreign policy—not one for the President and another one for Congress...
...In House Resolution 327 I have proposed that we have a report and question period on the floor of the House of Representatives at least once every two weeks...
...Charles A. Beard, the noted historian, in a recent letter to me wrote, "I am not, I think, a mere alarmist, but I am profoundly disturbed by the decline and disappearance of representative government in the world...
...La Follette returned to the United States exactly two years from the week he sailed for overseas duty...
...I hope their resolutions are passed...
...In a complex society such as we have today, it is necessary to concentrate great and far-reaching power in the Executive...
...Jeffers, the former Public Administrator, appeared before five committees during one week...
...It is one of the ways of improving the channels of communication between Congress and the Executive branch at a time when our salvation at home and abroad depends upon their ability to function intelligently and to work together...
...One of the basic techniques of democracy is a system for reporting by and interrogation of executive officials...
...His promotion to the rank of colonel was announced only this week...
...This is no reflection on the present Administration as the same condition has always existed...
...I hope that Sen...
...Many committees should be abolished and the jurisdiction of committees should be redefined...
...There are many things that should be done...
...The time for questions from the floor would be under the control of the chairman and ranking minority members of the committee which issued the invitation...
...If we are to have a foreign policy over a long course of years, if we are to join effectively with other nations to prevent wars, we have got a lot of reorganizing to do...
...The President's job is so onerous and multifarious that he could not intelligently perform the function of interrogating Executive officials as the Constitution contemplated...
...This is true on both the home front and the international front...
...How many members of Congress know the details of the various plans proposed for international currency...
...The committee system, as it operates in considering big matters of general importance, works a hardship on the administrators...
...This we know is not true because, in the first place, the committee reports are only about legislation on a particular bill...
...Comparable results may be achieved through questioning by the elected representatives of the people...
...Baruch, Mr...
...He would be doubly sure that he secured outstanding men as heads of the executive agencies of the Government...
...I am trying to give the kitchen a coat of paint...
...As I am given to see things, this must be done if popular government is to weather coming storms...
...Congressmen are now so hard-pressed with calls from their constituents that they have little time to legislate...
...Some Cabinet members and heads of agencies do not know just what the President's policy is on certain particular matters under their jurisdiction...
...Promoted to the rank of major and then to lieutenant colonel, Phil saw action in major engagements against the Japanese at Hollahdia and Cape Gloucester while on Gen...
...The result is that the bureaus now move in their own orbit, well-intentioned as a rule, but isolated and unresponsive to outside needs and conditions...
...The homeward journey was made across the Pacific by plane...
...Various efforts have been made to secure closer collaboration between Congress and the Administration...
...With all the duties of a Member of Congress, very few of us have time to read these reports...
...and we have continued 1G special investigating committees...
...Several committees will be inquiring into the same matter and each committee will call the head of the department before them and he will give substantially the same statement to each committee...
...Besides, they do not keep us currently informed...
...Donald Nelson and Paul V. McNutt were before several House committees and gave substantially the same testimony during one week...
...Catastrophe Again In this day of rapidly expanding administrative power the necessity of strong and informed popular control over the administrative is greater than ever before...
...One of the great virtues of the town-meeting plan of local government is that at any meeting a citizen may stand on his feet and ask for an explanation of the executive officials of the town...
...Douglas MacArthur's staff...
...The debates of the Constitutional Convention and the early practices of government leave no doubt of the expectation that there would be constant interrogation of Executive officials by both branches of Congress...
...The system does not operate to give the members necessary facts needed for passing on national or international problems...
...Maloney are interested- in painting the whole house...
...What is needed is a system like the one proposed in HR 327 to supplement the committee procedure, which will give the members a better picture of the big over-all issues which we are confronting...
...Two-Fold Process There is nothing wrong with the membership of Congress...
...These reports are voluminous—those who write them tell us to some extent, at least, what they want us to know...
...Better Picture Of Over-All Issues It is said that we have necessary contact through the committees...
...After a law is passed, we have no direct method of ascertaining whether the intention of Congress is being carried out...
...Everett Dirksen...
...Presidential questioning has failed for various reasons to realize the expectations of the Founding Fathers...
...If a bill is not favorably reported by a committee the hearings may never be printed...
...I think no one will argue that these reports are sufficient...
...I believe a report and question period would inform and reinvigorate both the legislative and administrative processes...
...The 217 requests for investigating committees certainly show that the Congress is in bad need of expert, detailed information...
...Congress must be better informed and more currently informed on both local and international issues...
...The procedure would enable the administrators to obtain the people's view as expressed directly by the people's representatives...
...Congress must be kept fully and currently informed of the Executive's plans and commitments...
...Frequently, ten or twelve committees will be having hearings on the same day...
...And yet, Congress has the power to change the situation...
...The last half of the period would be taken up with questions by members from the Phil LaFollette On Leave PHILIP F. LA FOLLETTE, whose promotion to a full colonelcy was announced at Allied Headquarters in the Southwest Pacific this week, has just arrived in the United States for an official mission and 30-day leave...
...The President's administration would be judged to a considerable extent by the impression these administrators made...
...Pressure On The President Mr...
...We are coming to the most important and challenging period of world history...
...We need information about the departments, the administration of laws, whether the intent of Congress is being followed, and, above all, we need to be kept currently informed in the field of foreign affairs...
...The number they reported is 217...
...Various administrators appeared before the committees...
...It is said that committee reports should keep us currently advised...
...To play a leading role we must have a Government that speaks with authority...
...the requests for specific information from departments, and so forth, 37...
...La Follette deserves much credit for his effort to rearrange the committees of Congress...
...We need fuller and more accurate information...
...The remedy given by this famous historian in his letter was this—"In my humble opinion there is nothing more important for the future of popular government in America than an overhauling of Congressional methods and the establishment of better relations with the Executive...
...One House hearing would have reached all the members of the House, whereas several hearings before several committees only reached a small percentage...
...The necessity for most of the investigating committees would be obviated if we could invite the administrators into this forum and here, face to face, ask them to give an account of the stewardship of their departments...
...I am sure the necessity for a lot of these committees would be obviated if we could have the administrators on the Floor of the House, find out what they are doing, and have them tell us about their plans and let them know what we think about it...
...To do this it is necessary for Cabinet members and heads of agencies and members of Congress to get together and talk things over...
...At present executive administrators hold press conferences...
...Also, many questions of policy which should be decided by the administrator himself remain undetermined...
...The sudden entrance of the United States upon the world stage in a leading role found us horribly ill-equipped for the part we must play...
...Others, by other authorities, will appear in The Progressive from time to time...
...This procedure would give the Executive an opportunity of preparing answers to the questions and the legislative committee would be able to direct the course the discussion is to follow...
...Under this procedure he would be given an opportunity of appearing and explaining his side of the controversy...
...Problems of government are not going to become easier...
...They will become more complicated...
...This tends to give him confidence in the integrity and fairness of the executive officials...
...A Working Arrangement Likewise, I am strongly in favor of the proposal by my distinguished colleague, Rep...
...These men would have to know their departments and be able to give facts...
...We will continue to have difficulty with our legislation until we get it...
...I have a very high regard for the ability, integrity, and patriotism of my colleagues...
...We are not kept currently or well informed on international affairs...
...During this report and question period a particular member of the Cabinet, or the head of an agency, would be invited to appear on the floor of the House and answer written questions, which had already been prepared and submitted to him by the legislative committee issuing the invitation...
...Moreover, on the home front there is a desperate need for more direct liaison and for a clearer understanding between the legislative and executive branches of our Government...
...floor of the House...
...But the truth is, we need to improve the tools with which we work...
...They say that probably they did not get all of them...
...If peace is to be maintained and if we are to play a leading role in world affairs, there must be a better working arrangement between the Executive and Congress...
...Under the rules we cannot join in the work of the other committees and, besides, it is physically impossible to do so...
...They are voluminous, contain many tables, and the hearings on an appropriation bill are frequently more than 2,000 pages in length...
...It would quicken, the pace of government without disturbing the balance between the two branches...
...If this criticism comes from a member of the House, the executive officer has no opportunity to answer except through the newspapers...
...Anyone who will look at the matter fairly knows that Dr...
...Unless we do something to change the trend, we may be heading for the same catastrophe that was visited on the American people after the last war...
...There could be no ghost writing...
...This process of open interrogation is good for the officials as well as the citizens...
...CONGRESS is not keeping pace -with the Executive...
...Even if they are printed it is humanly impossible for any member to read all the hearings...
...Much of our mechanism is outmoded...
...There are many things about which we need information not covered in any committee reports...
...These press conferences are given more play in the newspapers and over the radio than action taken by Congress on important measures...
...We are not keeping pace with, and we cannot hold our own with the rapidly expanding bureaucracy...
...It is equally clear under Article 2, Section 2, of the Constitution that principal Executive officials would be subject to interrogation by the President of the United States...
...Faced with the invitation of making a personal report to Congress, the administrator would be running a great risk if he did not settle those undetermined matters of policy affecting his department before submitting himself to the House members for interrogation...
...Col...
...La Follette has success with his proposal...
...Congress can, if it will, restore its prestige as the principal of the three coordinate branches of the Government...
...Reinvigorating Government When Congress had before it the problem for early settlement of terminated war contracts, at least eight committees had hearings on the various problems...
...It >is high time that the people of America, and particularly members of Congress, face the situation and do something about it, before it is too late...
...So long as the United States was half empty, prosperous, and well protected by broad oceans, the old system was tolerable...
...The way we are supposed to keep up with what the dapartments are doing, under the present system, is by reading their annual reports...
...Monroney and Sen...
...The present committee system tends to make the members of a particular committee experts on the subject matter handled by that particular committee...
...Mike Monroney, and by Sen...
...It frequently happens that rumors or unjust criticism are spread about executive officers...
...The chief agency of the people to assert this control is their elected agents, the members of Congress...
...The need for keeping closer check on and of securing information from the administrative agencies has been frequently felt and voiced in the course of our national history...
...If the plans and proposals for the administration of laws are brought out on the floor of the House, pursuant to questions from members of Congress the important news would arise from what was said on the floor and not what was said at some press conference...
...In the first place, the President, in making appointments, would have to take into consideration that they would be called upon to appear on the floor of the House...
...The purpose of all of this is, of course, to bring the Executive face to face with the representatives of the people in order that the country may have the benefit of a free, open, and candid consultation between them...
...The Smith Committee is now making a special investigation of the instances in which the intention of Congress was not followed in the administration of laws...
...I asked the Library of Congress to give me information during the 77th Congress on the number of resolutions for investigations filed during that Congress...
...A procedure would be inaugurated, if this resolution were passed, which would establish the importance of Congress in the public mind...
Vol. 8 • September 1944 • No. 36
