State Legislatures
asked five freshmen members of the 107th Congress to comment on how their
experience as a state legislator prepared them for serving in Congress.
Talking with us were Pennsylvania Representative Melissa Hart, Minnesota
Representative Betty McCollum, Michigan Representative Mike Rogers, California
Representative Adam Schiff and Ohio Representative Patrick Tiberi. We also
talked to three members of the sophomore class to hear their perspectives
on the transition from state to federal lawmaker after having served a
full term in the U. S. House of Representatives. They are Connecticut Representatives
John Larson, California Representative Grace Napolitano and Idaho Representative
Mike Simpson.
When the 52 newest members of the United States Congress were sworn in last January, what did most of them have in common? A law degree? (No, only 16 of the incoming freshmen are lawyers.) Military service? (No, only 10 served in the military.) Give up?
Thirty of them-almost two thirds of the freshman class-were once state legislators. In fact, for the first time since the National Conference of State Legislatures started keeping track, over half of the current members of Congress have served in a state legislature.
And it serves them well. Freshman Representative Betty McCollum says her experience in the Minnesota Legislature helped her "hit the ground running." California Representative Adam Schiff, a freshman who chair-ed the California Senate Judiciary Committee, says he has a "significant advantage" over his colleagues who have not previously served in public office.
Schiff says his job as a
congressman, like that of a state legislator, is twofold: providing services
to his constituents and representing his district in the crafting of legislation.
"The district part is almost identical. The agencies are different, but
the method of dealing with them is very much the same. The legislative
process is different, but understanding how the process works in general
and how to build relationships with other members and the other party-all
of this comes in very handy in Congress."
Similar
Processes
Building
Relationships
State
Advocates
Not Always
a Piece of Cake
Staff Support
Leader
to Leader
Family
Strain
Words of
Wisdom
The More
Things Change
Just knowing legislative procedure is invaluable. Sophomore Representative John Larson, a former Connecticut Senate president pro tem, says that "having a basic understanding of how the legislative and committee processes work provides you with a real leg up."
Representative Grace Napolitano, also a sophomore, served as a city council member and mayor before running for the California Senate. She says that her experience at the state and local levels helps her understand the different responsibilities of government.
It allows her to "visually pigeonhole" where services are needed and how local officials and organizations can best tap into resources or dovetail program funds. This enables her to turn legislation into results for her district. As a freshman, she was able to secure funds for a demonstration program in Los Angeles County focused on suicide prevention for young Latina girls who contemplate suicide at a higher rate than any other racial or ethnic group in the country.
"Because I served at the state level, I can call my colleagues back home to help me match funds. Also, because I know my district, I am able to say, 'This is a very poor area, we need to help them first.'"
An important tool these members bring from their legislatures is a skill for building relationships. Sophomore Representative Mike Simpson, a former speaker of the Idaho House, says that in a legislative body, "Everything you do is built by relationships and trust, and how people respect you or don't respect you. I can have the best idea in the world, but if I can't get 218 people to agree with me, it doesn't matter. People have to be able to respect me and trust my judgment. You learn that in the state legislature."
Freshman Representative Mike Rogers, a former majority floor leader of the Michigan Senate, agrees. "You've got to build relationships with the leadership, the committee chairs, the members in your own party and the loyal opposition," he says. "If you're going to be successful in getting any of your agenda passed, it takes some time to learn how important these relationships can be. I knew that before I got here, and I think that helped me get a key leadership position here as a freshman." A few weeks into his term, Rogers was named deputy majority whip, an unusual appointment for a freshman.
Another big plus: They know how federal legislation affects the states. Representative John Larson tries to make his colleagues in Congress more aware of the consequences of unfunded mandates. "I can't think of a more glaring example than the IDEA program and special education," he says.
"Understanding what federal mandates mean to both local communities and state governments, I'm just aghast at the 1975 passage of IDEA and the lack of funding there," he says. When Congress passed this legislation, which mandated special education services for all disabled children, it also promised to pay up to 40 percent of the cost. Historically, however, the federal government has covered less than 10 percent.
"We've foisted this onto the states. When we don't pay our fair share, that means tax increases for local and state governments," Larson says.
Freshman Representative Melissa Hart, who chaired the Pennsylvania Senate Finance Committee, says her state legislative experience shapes her perspective on the current federal debate over election reform.
In her view, the recent spotlight on elections "has made a lot of legislatures examine their system and rightly so. That's not something the federal government should take over and impose upon the states. I am definitely a supporter of good old-fashioned federalism."
Just because former state legislators have a shorter learning curve, that doesn't mean the transition to Congress is always easy.
"It's a little easier to get a bill passed when you're the majority floor leader in the Senate than as a freshman member of Congress," Rogers points out. Schiff adds, "In the state legislature, if you had a good idea-or a bad idea, for that matter-and you put it into legislative form, you were pretty well guaranteed it would be heard in committee. In Congress, you may have the best idea in the world and put it into legislative form, but if the chair doesn't want to hear it, it never gets to see the light of day."
Even to a former legislator, the scope of debate in Washington, D.C., can be daunting. Freshman Representative Patrick Tiberi, a former majority leader in the Ohio House of Representatives, notes, "This place is so much bigger, in every way imaginable, and the ideological spectrum is much broader than I saw in the legislature in Ohio. The most conservative Republican and the most liberal Democrat are much more divided here."
And the transition can be traumatic for members who are accustomed to being in leadership. Tiberi, a musician, compares it to setting down a conductor's baton and stepping into the middle of an orchestra. "A person who is conducting an orchestra knows when the trumpet section is coming in; knows when the trombone section is coming in ... now I'm just sitting second chair in the trumpet section."
This isn't to say that Congress can't learn a thing or two about procedures from state legislatures. Simpson recalls a meeting when he brought an idea to the attention of his colleagues in the House: "Last fall, we were sitting around in [Majority Leader Tom] De Lay's office where we sometimes have dinner when we're on the floor late. I was talking about how in Idaho, we review rules and regulations and how the legislature can reject them with a concurrent resolution. Everybody was just stunned. So we've brought back that statute from Idaho, and we're looking at how we might work that into the administrative procedures around here."
Going from thousands of constituents to hundreds of thousands also brings changes. Mail on Capitol Hill arrives five times a day in stacks that can be more than a foot high.
Tiberi says it's "at least 50 times what we received in Columbus." Unlike Tiberi's legislative office, members of Congress have their own fax machines and widely publicized e-mail addresses. The members we interviewed say they would never be able to keep up without staff.
"As the speaker in Idaho, I had two permanent employees, not counting the chief clerk," says Simpson. "Here in Congress, I have 16 people who work for me between here and the district office." Tiberi had two employees as majority leader in Ohio; he has 12 on his congressional staff. Legislators who served in a full-time legislature and were able to recruit from within for their congressional staff believe that this has given them a distinct advantage in setting up their office.
Hart had a staff of nine in the Pennsylvania legislature. Seven are still working for her, most of them in her district office. "They understand how to help people. The big transition for them is understanding different federal programs," she says.
Rogers says his staff is made up of people he has "counted on for years." Some of them started as interns. "These folks have never missed a beat," Rogers says. "Constituent services? Bam! it was happening. Press? Not an issue. Bam! it was happening. I don't have to have long meetings about these kinds of things because they were so integral in my operation in the majority office in the state."
Whether they envy the leaders in Congress or not, the new members who served as leaders in their own states have a great deal of sympathy for congressional leadership.
"Having served as speaker," Simpson points out, "I understand what the leadership is going through. With a five-vote majority, five people can walk into the speaker's office and say, 'This is what we've got to have, or we're going south on this bill.' It's a more difficult job than most people realize. Consequently, they don't get a big hassle out of me."
Several former legislators, however, believe the structure and rules of the House of Representatives hinder the legislative process. "I don't think anything prepares you for the frustration of the rules process that one encounters in Washington, D.C," says Larson.
McCollum points out that debate on an issue is often limited and the ability to offer amendments is restricted. "I don't have to be the one to offer them," she says, "but amendments need to be offered. When you limit debate to that extent, you're really cutting off democracy. The minorities on an issue are not just parties, they can be regions; they can be issues; the debate can be about race or gender." Consequently, members who don't fit into the partisan mold on an issue get "lost in the shuffle."
"In our legislature, no committees ever met while the legislature was in session," says Simpson. "If you didn't sit on the small business committee and a bill came out of that committee to the floor, you had an opportunity to sit and listen to the debate and ask questions and be involved. Here, you'd better have some pretty good staff who's keeping you informed because you're not over on the floor listening, you're in other committees doing your job."
Representative Schiff, however, acknowledges that, to a certain extent, "it probably has to be that way." With 435 representatives in Congress, "if each of them had all their bills heard, we'd be like the Home Shopping Channel; we'd never close." Napolitano points out that legislative gridlock does not necessarily prevent her from doing her job. "I had been warned that coming up here was going to be a waste of everybody's time because Democrats are not in power, and we couldn't get anything out. Well, we exist as representatives of people, not necessarily political parties. As long as we get the work done and we deal with constituents' needs, they don't care whether I pass a piece of legislation or not," she says.
What are the hardest things about serving in Congress? Probably travel and family issues, especially for Western members. "If I didn't have one of the most understanding wives I've seen in my life," says Simpson, "it would be very difficult for us-and we don't have any children." Napolitano, on the other hand, has 14 grandchildren. Although her district schedule demands most of her weekend time, she tries to leave some time for family on Sunday. Schiff, who has a 2-year-old daughter, says that his travel schedule "certainly makes it difficult on the family. When I was in Sacramento, when my daughter was born, I could commute every day. Here, I don't have that option."
Even the members whose districts are relatively close to D.C. find that it is difficult to balance work and family. Asked to comment on the demands of his job on his personal life, Tiberi responds: "What personal life? I don't have time for a personal life." Larson says the biggest problem is the lack of planning in Congress. "It's impossible to tell your wife, or even your scheduler, when the sessions will end or when they'll begin."
What's their advice to a state legislator who might be thinking about joining them?
"First of all," says Napolitano, "when somebody tells me that they want to run, I tell them not to do it unless they are self-supporting. If they have young families, don't run. If they have a business, their business is going to suffer." However, she indicates, "If you are dedicated to making a difference and are willing to put the effort into it, then go for it."
"It's a great opportunity to help put the federal government back where it belongs, to work in concert with, but not trumping, the state legislature," says Representative Hart. "I would encourage any state legislator, who's interested, to run for it. It's an honor to serve at any level, but this is a really good opportunity to exercise your talents to improve your corner of the world and the entire country."
"Individuals have to decide, based on their own personalities and their own situations, whether they'll be able to handle the type of job that consumes you," says Simpson. For him, "the excitement far outweighs the negatives. It is an exciting place to be, to be involved in the debates that affect our country and our civilization."
Alysoun McLaughlin is a lobbyist in NCSL's Federal Affairs office in Washington, D.C.
Twelve years ago, State Legislatures talked with Ohio Congressman Paul Gillmor, then a freshman member of the U.S. House of Representatives who had served for 22 years in the Ohio legislature, including three terms as Senate president. We caught up with him again this year to find out how his perspective has changed. Here’s what he told us then, along with his thoughts today:
MAINTAINING TIES WITH THE STATE LEGISLATURE
Then:
"When you’re not a member,
it’s different, but I want to try to keep in as close touch as possible."
Now:
Gillmor has stayed in touch
with Ohio lawmakers. The week that we interviewed him, he met with several
state legislators and other members of the Ohio delegation in Congress.
The current president of the Ohio Senate, Richard Finan, frequently organizes
meetings with the entire delegation. Gillmor also participates in periodic
meetings in Ohio with the governor and state legislative leaders. "So far,"
he says, "these meetings have been very good in terms of exchanging information
and helping us work in the same direction on issues."
He also pays attention to what is happening in the legislature, particularly when it passes memorials that urge Congress to take action on a specific issue. However, he says that the most important form of communication between state legislators and members of Congress is individual contact on specific issues. "That tends to break through the clutter a little bit and get more attention on a problem."
FEDERALISM AND BUDGETING
Then:
"We had a seminar for freshmen
on balancing the budget and, at one point, somebody said, ‘Well, why don’t
we put this off on the states, a lot of them have surpluses.’ Now, to me,
that is just an absolutely wrong attitude ... ex-legislators are going
to be much less receptive to that kind of philosophy."
Now:
The federal government is
now operating at a surplus; Gillmor believes that this has alleviated the
pressure to pass federal obligations on to the states. He says, however,
"One of our continued concerns here is to preserve federalism and keep
the federal government from trying to impose its will on the states in
any number of ways ... you still have some members of Congress who want
to pass bills, take the glory and put the burden on the states."
He also still believes former legislators are among the states’ best friends in Congress. "Obviously this will vary from member to member, but those who came out of the state legislature will generally have more empathy with state concerns."
THE INSTITUTION
Then:
"Seniority is more important
in this body than it is in some of our state legislative bodies, so I just
want to get involved in as much as I can and begin to have an impact."
Now:
Gillmor is having an impact.
He is in his fourth term as a member of the Republican whip team. He has
been a frequent advocate for states; in 1994, he wrote an article for the
Harvard Journal on Legislation on "Reconstruction of Federalism: A Constitutional
Amendment to Prohibit Unfunded Mandates."
Gillmor points out that his
legislative experience has served him well. "It’s been helpful in a number
of ways," he says, "especially on issues where you need the states’ involvement."
He notes that it is much more difficult to get things done at the federal
than at the state level. "Powers and responsibilities are so much more
diffuse," he points out. "To get something to happen, you have to work
with so many more people here than at the state level." Because of his
role as a subcommittee chairman, he sees this in ways that were less important
to him as a new member. "We have a lot of issues where two or three committees
claim jurisdiction," he says. "It slows the process down, makes it more
difficult to get a solution."