by Rep. David Dreier (R-Calif.), chairman of the House
Rules Committee.
NOTE: The following originally appeared in Roll
Call as a "Guest Observer" column on December 20,
2001. It is reprinted here with permission. Copyright by Roll
Call.
The events of Sept. 11 and the subsequent anthrax scare have
reignited the argument over using advances in information and
communications technologies, such as video conferencing and the
Internet, to establish a “virtual Congress” by which
Members and supporting staff could continue to carry on the normal
business of Congress, including committee meetings and voting
on legislation.
These calls for “electronic democracy,” though they
are well-intentioned and include a number of valid points, most
often fail to take into account the importance of the key component
of the legislative process upon which Congress is based and functions — namely,
the personal, face-to-face interactions of deliberation, debate
and consensus building.
The founding fathers purposefully conceived Congress as a slow-moving,
inefficient institution. Congress is not meant to react to the
public emotions and demands of the moment. Indeed, by its very
design, it serves to check the popular passions and develop legislation
through a deliberative, consensus-building process. This process
relies in large part on regular interaction between and among
Members. As Joseph Bessette in “The Mild Voice of Reason” put
it, “Every deliberative process involves three essential
elements: information, arguments, and persuasion.”
Technology has been wonderfully applied to enhance the sharing
of information and can even be used at a basic level to allow
for argument and persuasion. But for all its possibilities, no
technology exists that can fully reproduce the engagement and
emotion that occurs during the face-to-face, interpersonal bargaining
and sharing of ideas and passions that is at the core of the
deliberative process in Congress. This is a decisive concern
that any advocate of a “virtual Congress” must seriously
consider.
Far from being years behind the private sector in the use of
information technologies, as argued by some, Congress has, in
fact, made a remarkable transformation into the information age.
For an institution as large and decentralized as Congress, this
transformation has been nothing short of profound. In terms of
using technology as part of the actual deliberative, legislation-making
process, however, Congress has continued to take a purposely
slow, wait-and-see approach.
Congress could not and should not be at the cutting edge of
technology application. The fact that technology can be used
for various applications certainly doesn’t mean that it
should. That corporate boards may permit meetings or voting via
video conference, or that college students may take classes over
the Internet, does not mean that these same technologies can
be translated into use by Congress — a far different entity
in structure, purpose and importance to the very foundation of
our form of governance.
As an organization, Congress functions in large part because
of the regular and personal interactions among Members as they
work to build consensus on issues ranging from procedural matters
to the budget and appropriations legislation. This structure
varies widely from the military and corporate arenas where action
below is taken based on orders from above. In these environments
technology is easily applied as an effective method of communication,
information sharing, and command and control. In Congress, however,
the loss of real, person-to-person interaction among Members,
with all its involved emotions that cannot be reproduced via
technology, no matter the clarity of the speakerphone or the
resolution of the video display, would hit at the very heart
of the institution and threaten its very ability to function
as a body — the very opposite of what proponents of a “virtual
Congress” would argue.
One recent procedural change in the House of Representatives
provides an excellent example of the importance and value of
personal relationships among Members. Over the past few sessions
of Congress, the House has formalized the practice of “rolling
votes,” where following debate on a piece of legislation,
the actual vote on it is delayed. At a later time, a series of
back-to-back votes are held on it and similarly “rolled” items.
Although on its face this practice would seem to weaken the
legislative process by divorcing the vote on a bill from floor
debate on the item, in reality it serves to provide Members with
large amounts of time together on the floor to discuss matters,
bargain on issues and build consensus. The practice has been
widely praised by Members for providing the “quality time” needed
to help develop personal relationships with their colleagues.
Again, it is these relationships that are at the core of the
consensus-building and negotiating process that is Congress.
No Web page or video conferencing tool can reproduce this vital,
human side of the legislative process. While current realities
force upon us the need for an overall examination of the federal
government’s continuity preparations in case of an overwhelming
and debilitating attack on any branch of government, the option
of convening a “virtual Congress” via the Internet
or other technologies should remain far down on the list of possibilities.
Technology can serve to help Congress and the public communicate
more effectively and to improve the internal efficiency of certain
Congressional operations, but its impact on the deliberative
nature of the legislative process may in fact be detrimental.
The personal and intimate relationships and the physical and
emotional interactions that serve as the vital fuel driving consensus
building in Congress have been key ingredients to the more than
200-year success of our great American experiment. Even today,
in an era when calls decrying the partisanship and ideological
strife of Washington are heard daily, these ingredients has proved
critical as relationships spanning ideological, geographical
and other divides abound. No technology exists that can even
come close to replicating the environment that has allowed these
close, personal bonds to develop in Congress. Given even the
present circumstances and dangers with which we live, any proposed “virtual
Congress” will require a great deal of debugging and further
examination before it can go to market.
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