The Impact of 2 Missing Democratic Senators

by: Daniel De Groot

Wed Jan 07, 2009 at 00:37


Total Senate 98 99 100
Dems 57 58 59
Factor 0.581633 0.585859 0.59
Committee Members   Dems without Franken, Burris Dems with Burris Dems with Both
Agriculture, Nutrition, and Forestry 18   10 11 11
Appropriations 28   16 16 17
Armed Services 18   10 11 11
Banking, Housing, and Urban Affairs 18   10 11 11
Commerce, Science, and Transportation 20   12 12 12
Energy and Natural Resources 20   12 12 12
Environment and Public Works 18   10 11 11
Finance 20   12 12 12
Foreign Relations 18   10 11 11
Governmental Affairs 16   9 9 9
Judiciary 18   10 11 11
H.E.L.P.  18   10 11 11
Budget  22   13 13 13
Rules and Administration  16   9 9 9
Veterans' Affairs  12   7 7 7
Small Business 18   10 11 11
Aging  18   10 11 11
Intelligence  19   11 11 11
Indian Affairs  14   8 8 8
Total Dem Committee Seats 199 208 209

Details inside.

Daniel De Groot :: The Impact of 2 Missing Democratic Senators
From my admittedly limited understanding, Senate Committee assignments are a matter of negotiation between the Majority and the Minority as they work out the Organizing Resolution for the 111th Senate (link is to the OR for the 110th).  Senate Rule XXV spells out the size of each committee (source for numbers in table).

Except for Ethics (which is evenly split), the Majority party has to have at least a 1 vote lead on the Minority in each committee, which will work out as a 2-vote lead for even-sized committees (or the leaders resize them for that particular Congress).

Now that the Democrats have a substantial numerical advantage, I believe what happens is the proportion of the entire senate held by the Majority begins to matter in the allocation of committee seats (in theory and in the House the Majority decides how many seats the Minority gets, but of course the Minority can and would filibuster an Organizing Resolution that had a disproportionate allocation of committee seats).  

So I took each committee, and figured out how many Democratic seats would be awarded by multiplying the size of the committee by the ratio of overall Democrats to Republicans in the Senate.  

So if Franken and Burris aren't seated, the ratio is 57/98 = 0.581.  If Reid admits Burris but Franken stays in limbo, it becomes 58/99 = 0.586 and if both are admitted it becomes 59/100 = 0.59 (actually I used more digits in making the calculation).

Surprisingly, it turns out that there is a substantial difference in committee allocations between 57 and 58 Democratic senators in Senates of 98 and 99 members respectively.  The reason being that many committees have 18 members and the math works out such that this is a tipping point.  

So the absence of both Franken and Burris lets McConnell demand an extra 10 committee seats. Admit either one of them, and he only gets 1 extra seat (on the largest and probably most important committee, Appropriations so even then it does matter a lot).

Now I don't know exactly how these negotiations go and how crucial this sort of thing is, but it wouldn't surprise me if McConnell is using this as a bargaining point.  I don't imagine that he is meekly accepting Franken's win as legit and if Reid himself has refused to admit Burris or Blagojevich's right to appoint someone, Reid can hardly count him as part of the Democratic caucus either.

Burris should be admitted for the simple reason that his appointment was legal and constitutional.  Democrats cannot complain about Republicans destroying the Rule of Law while pulling politically convenient (if popular) stunts like this.  If this petulant and illegal refusal to admit a duly appointed Senator gives the Republicans an extra raft of committee seats that only compounds the self-defeating absurdity of the move.

On the other side, it provides some additional motive for Coleman to fight as hard as he is, and why we shouldn't expect to hear any Republicans call for him to concede at least until after an organizing resolution is passed.

Committee allocations can matter a great deal, particularly with Democrats so apt to cross over to prove how bipartisan they are.  It would suck to lose contentious votes on key issues in committees because Reid chose the Burris appointment to make his inglorious stand for principle.  Fortunately Democrats should have at least a 2 vote lead in almost every committee in the worst case above.  Still, I'm sure it won't be hard to find a committee that will have any two of the Nelsons, Landrieu, Pryor, Lieberman or the new guy from Colorado in the 111th.  

Hopefully Reid does what he can to ensure the worst offenders aren't in a position to hand Republican key legislative victories too often.  What's interesting is that Oversight will have a 2 vote lead for Democrats, but what that means is that if Lieberman votes with the Republicans, it will be an 8-8 tie and I don't know off hand what that means.  It would be better if there were 10 Dems to 6 Republicans on Government Oversight but that would have required 60 Dems, unless Reid wins it in negotiation somehow (I doubt McConnell would agree, he will want the possibility of a Lieberman double-cross).

Anyway, I could be wrong about all this since there's some black magic that goes into the Committee allocations in terms of horse trading but it's worth considering.


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Like you say, worth considering but not worth losing sleep over (4.00 / 1)
They'll negotiate out. McConnell knows that Coleman is toast and there's nothing he can do about it. It's not like once Franken is seated he won't be able to sit on any committees. They'll probably just leave one seat vacant on 3 or 4 committees that will be taken up by Franken once he's seated. No big deal. Also, I watched just about every hearing of interest last year at some point and with the exception of the energy committee, I never saw a vote be derailed by Democratic defections. I can't vouch for that with the energy committee because of Landreau. She might have voted with the republicans, I don't know. But nowhere else did I see that happen.

toast (0.00 / 0)
He might "know" it but I doubt he would admit it to Reid.  As a matter of law, no winner is certified and I think McConnell will claim the seat cannot count toward either party's total.

McConnell has much less incentive than Reid to pass a new organizing resolution - the current one is more favourable to him.

Also, regarding committee votes - Feinstein voted with the GOP on Judge Southwick.  Even aside from actual votes, the effect matters because it influences what bills even get raised for a vote.  No chair is going to bring a bill to committee that he/she doesn't believe will be passed by that committee, and if a Landrieu type privately indicates they'll vote against it, it just never sees the light of day.


[ Parent ]
I really don't think McConnel will play hardball here (0.00 / 0)
he may get something a little more favorable to him in the short-run, but if this is the battle he chooses to fight, then I think he risks some serious payback (maybe in terms of office space and staffing levels?).

But like you say, something to keep an eye on. I like I said, it's not like they can keep Franken off of committees once he's sworn in. So if the committee sizes have to remain the same, then I think republicans would realize they don't have much of a leg to stand on if they were to insist that Democrats lose a seat on the committees to make way for Franken rather than republicans.


[ Parent ]
well the other thing that occured to me (0.00 / 0)
Is the precedent that the 107th organizing resolution set, whereby the short term advantage of having Vice President Gore give the Dems the majority won the Dems some big concessions in the OR.  If Dems were allowed to count an outgoing defeated VP in their total, McConnell can quite rightly argue that unseated senators facing contested elections don't count either.


[ Parent ]
True but, (0.00 / 0)
the republicans did not press such a potential advantage in the 110th organizing resolution. That was why a lieberman switch would not have given republicans control of the chamber. It wasn't in the organizing resolution.  

[ Parent ]
Correction (4.00 / 3)
You mean Franken in your table, not Coleman, correct?

I hope this is how they calculate it (0.00 / 0)
Because I've heard talk (on blogs, not in the real world) of Republicans filibustering or throwing a fit if the Dems try to have more than a 2-vote majority on committees. But since the Dems literally have a 3-2 advantage in the Senate as a whole, they damn sure need to have a 3-2 advantage on the committees.

Otherwise, the R's will have disproportionate representation AND would each get to rack up more committee assignments than their D counterparts.


Does it matter? (0.00 / 0)
If the Republicans want to filibuster, they can. They've got 40 votes. McConnell isn't concerned about mathematical exactitude - he just wants as much power as possible. So he may try to force majorities of only one seat on each committee. And I could see his entire caucus backing him in this.

Forgotten Countries - a foreign policy-focused blog

always possible but (0.00 / 0)
That kind of scorched earth thing would haunt the GOP next time they take the majority.  In theory, they could have done that at the start of the 110th and kept all the chairmanships, so clearly they observe some limits with this kind of stuff.

[ Parent ]
There'd be no reason for Dems to cave in the 110th (0.00 / 0)
If Republicans lost their majority but wanted to keep control anyway, that would not play badly. It would be seen as clearly illegitimate and as spitting in the face of democracy.

But the question of a one seat or two seat advantage is quite different. It's not as visceral, to most people it's not as interesting and it's very easy for it to disappear into "he said" "She said" territory and never be heard of again until the Dems cave.

Forgotten Countries - a foreign policy-focused blog


[ Parent ]
thanks for posting this (0.00 / 0)
quick question... H.E.L.P.??

I'm guessing, health, education, labor and ??

They call me Clem, Clem Guttata. Come visit wild, wonderful West Virginia Blue


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