A series of highly publicized cases of ethical violations in Congress has produced a concerted reexamination of Congress's ethics processes. This article reviews the key arguments promoted by advocates for reforming Congress and examines the substantive and procedural dilemmas confronting members of Congress as they attempt to respond to calls for reform. These dilemmas are illustrated by examining a number of recent ethical cases in Congress. We conclude that the standards that Congress employs and the procedures its members use to enforce them are strongly influenced by the unique constitutional and political context of the institution. As legislators proceed in their efforts to institute new ethical standards, they will continually attempt to strike a balance between legitimate yet contradictory ethical, political, legislative, and procedural demands.
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References
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2. Daniel Callahan, ``Legislative Codes of Ethics,” in Representation and Responsibility: Exploring Legislative Ethics, ed. Bruce Jennings and Daniel Callahan (New York: Plenum Press, 1985), pp. 229-230.
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9. Amy Gutmann and Dennis Thompson, “The Theory of Legislative Ethics,” in Representation and Responsibility, ed. Jennings and Callahan, p. 176.
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10. Ibid., p. 180.
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19. For an important exception, see John D. Saxon, “The Scope of Legislative Ethics” in Representation and Responsibility, ed. Jennings and Callahan, pp. 197-220.
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20. Ironically, in 1991, Congressman Alexander requested that the Ethics Committee exonerate him of wrongdoing in a business relationship that he had with managers of a foundation that he also assisted via his position on the Appropriations Committee. When the committee declined to do so, he severed the relationship. “Alexander Severs Ties to Partners,”Congressional Quarterly Weekly Report, 13 July 1991, p. 1879.
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40. Ibid., p. 6.
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43. William Holmes Brown, Constitution, Jefferson's Manual, and Rules of the House of Representatives of the United States, 103rd Congress, H. Doc. 102-405 (Washington, DC: Government Printing Office, 1993), House Rule X, clause 4(e) (2) (b).
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45. Ibid., pp. 7-8.
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46. Ibid.
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47. Ibid., p. 8.
48.
In 1910, Speaker Joseph G. Cannon, a Republican, narrowly survived a vote to strip him of his position—after having his powers to make committee assignments and his authority over the actions of the Rules Committee severely curtailed. Other Speakers have had to weather ethical charges: John White (1841-43) committed suicide when it was revealed that one of his last speeches was plagiarized from Aaron Burr; James Blaine (1869-75) was implicated in the Credit Mobilier bribery scandal; and Thomas (Tip) O'Neill, who preceded Wright, was named but cleared in the “Koreagate” scandal. Janet Hook, “Speakers Have Faced Trouble, But None Has Been Toppled,”Congressional Quarterly Weekly Report, 11 Mar. 1989, pp. 505-6.
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50. U.S., Congress, House, Committee on Standards of Official Conduct, Summary of Activities: One Hundred Second Congress, p. 5.
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51. Ibid.
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53. Ibid., p. 18.
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54. Ibid., Rule 4(b) (1).
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55. Ibid., Rule 5(f) (2) and (3).
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58. Beth Donavon, “Parties Find Ethics a Tough Sell as Local Campaign Issue,”Congressional Quarterly Weekly Report, 15 July 1989, p. 1812.
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59. Kuntz, “ `Cash-Outs' Ware Once Common,” p. 3013.
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60. Dennis F. Thompson, Testimony, “Ethics Process,”Hearing before the Joint Committee on the Organization of Congress,” pp. 29-30.
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61. Phil Kuntz, “McDade Cites Constitution in Dismissal Motion,”Congressional Quarterly Weekly Report, 16 Jan. 1993, p. 117.
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62. Background Materials: Supplemental Information Provided to Members of the Joint Committee on the Organization of Congress, S. Print 103-55 (Washington, DC: Government Printing Office, 1994), pp. 141-165.
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64.
64. Alan Rosenthal, Testimony, “Ethics Process,”Hearing before the Joint Committee on the Organization of Congress, p. 27.
65.
65. Janet Hook, “Confusion, Tension, Despair: Wright Case Takes Its Toll,”Congressional Quarterly Weekly Report, 20 May 1989, p. 1165.
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66. Cynthia Farina, “Keeping Faith: Government Ethics and Government Ethics Regulation,”Administrative Law Review, 287:301 (Summer 1993).
67.
67. U.S., Constitution, Art. I, § 5.
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68. Powell v. McCormack, 395 U.S. 486-574.
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69. Warren Rudman, Testimony, Hearing on Recommending Revisions to the Procedures of the Senate Select Committee on Ethics, p. 61.
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70. Vogelsang-Coombs and Bakken, “Conduct of Legislators.”
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71. Dennis Thompson, Testimony, “Ethics Process,”Hearing before the Joint Committee on the Organization of Congress, pp. 45-46.
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72. James Q. Wilson, Bureaucracy (New York: Basic Books, 1989), p. 60.
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73. Rudman, Testimony, Hearing on Recommending Revisions to the Procedures of the Senate Select Committee on Ethics, p. 59.
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74. Congressional Quarterly Weekly Report, 4 Apr. 1992, p. 859.
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75. Nadine Cohodas, “By Wide Margin, House Impeaches Hastings,”Congressional Quarterly Weekly Report, 6 Aug. 1988, p. 2205.
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76. Phil Kuntz, “House Agrees to Hand Over Records of Its Bank,”Congressional Quarterly Weekly Report, 2 May 1992, pp. 1127-32.
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77. Janet Hook, “New Law Leaves Loopholes for Benefits to Members,”Congressional Quarterly Weekly Report, 16 Dec. 1989, pp. 3420-24.
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78. Charles Wise, The Dynamics of Legislation (San Francisco: Jossey-Bass, 1991).
