Closed door proceedings in Congress

There is a big falderal over the closed door sessions to work out a compromise over the health care reform bill. Republicans and other pundits, including U.S. Representative Jerry Moran, are all over this with criticism of the process. Unfortunately, with some of deal-making done in drafting of the U.S. Senate version of the health reform bill, Democrats have given opponents ample reason for criticism. The Democratic Leadership has handled this legislation poorly. They have gotten too wrapped up in trying to write legislation that will satisfy everyone and get votes instead of just writing a good piece of needed legislation.

But, under normal circumstances, closed door sessions to work out the details in the legislative process is steeped in tradition and long standing rules. The Constitutional Convention which drafted the U.S. Constitution was conducted behind closed doors. Most if not all caucuses of both parties are conducted behind closed doors. Most committee meetings are behind closed doors. Plus, like everywhere else in life, a lot of decisions are made over a cup of coffee, a few drinks, or a meal someplace in private. Almost all strategy discussions in the executive branch are behind closed doors. Although most court proceedings are open to the public, detailed discussion of cases goes on behind closed doors and seldom is the electronic media allowed into the court room.

Yes we have televised legislative committee hearings and even televised coverage of the U.S. House of Representatives (since 1979) and U.S. Senate (since 1986). And this media coverage may very well have been a mistake that now no one has the courage to retract. The reason for closed door proceedings should be obvious. Put yourself in a Congressman’s position. Cameras and audio recordings change the dynamics of the process and usually not for the good. Suddenly, almost everyone begins posturing for the media – they are elected officials after all. With cameras rolling, little serious give and take discussion goes on. Anyone who has watched C-span coverage should know this.

In these media circus environments, Congressmen are not going to say what’s on their mind and certainly not “off the cuff.” They are not going to offer opinions and then change their minds or adjust their positions based on better arguments presented by others. They are not going to appear uninformed by asking questions for clarification and understanding. The truth of the matter is that in many cases they are uninformed and rely heavily on their staffs for position papers. If they are going into a public hearing or making a speech on the House or Senate floor, their comments and questions are carefully scripted with “talking points” that are consistent with their ideology and party positions. It isn’t that they are lazy, it’s just that there is too much information for them to be an expert on every detail of what is often complicated legislation. They simply can’t read, listen to, and/or comprehend all that comes across their desks. And, they know that if they make a misstatement of any kind or say something that can be perceived as stupid, inaccurate, or inconsistent with previous statements, it will be put in a media archive someplace to be brought out by their political enemies to hammer them in the news media and certainly at the next election.

I would suggest that that is the very reason that watching hours and hours of C-span coverage is a waste of time unless, you are well paid to do it, politics is an avocation, or you don’t have a life. This is what the media, as the “fourth branch of the government,” should be doing and then reporting in a fair, unbiased way. Whether they do this well is a matter that needs further discussion.

We have a republican system of government. We elect people to go to Washington to represent us to the best of their ability. We do encourage people to contact their elected leaders and freely express their opinion. Elections and offering our views is the democratic part of the process; but, the actual legislation process is done by Congressmen. If they do it poorly, we need to replace them – Democrats and/or Republicans – in the next election. The sad fact is, that we too often don’t and no amount of open door, C-span coverage is going to correct this.

Yes, much of what a Congressman, President, or Court Justice does should be behind closed doors. Human nature and our political process dictates this. This is how compromise, which is the heart of our governmental process, occurs. Criticism about closed doors to craft legislation only gains traction when the American electorate fails to understand how their own government works and public officials and pundits take advantage of this ignorance.