Skip to content
Search

Latest Stories

Top Stories

Transparency is a weapon that is ruining Congress

Opinion

Constitutional Convention

The Framers recognized the need for secrecy during the Constitutional Convention to limit partisan anger, and they wrote a version into Article I, writes D'Angelo.

D'Angelo is founder of the Congressional Research Institute, which investigates legislatures and institutional reforms with an eye toward improving representation.

Rank-and-file members of Congress are unhappy. In both chambers, leadership cuts them out of the amending process via an array of parliamentary tricks like "closed rules" and "filling the tree."

Frustrated, the members readily direct their anger at the top brass. But this is a mistake. The real culprit is transparency – weaponized transparency that grew out of congressional sunshine reforms a half-century ago.

With enactment in 1970 of the Legislative Reorganization Act, Congress switched, almost overnight, from being one of the most secretive of institutions to one of the most transparent.

In the wake of these reforms there was an immediate uptick in partisanship, anger and a startling rise of chamber deliberations on hot-button issues.


The logic for this is clear. Taking advantage of the novel ability for any member to call for a recorded vote, rank-and-file minority members were suddenly able to take public potshots at leadership. And they did so with frequency – significantly driving up the number of votes pushed to the floor.

Before 1970, all committees on appropriations, taxation, trade, etc. were closed-door affairs. No transcripts were delivered to the public. And the lobbyists (the few that there were) were obliged to wait in the lobby.

The most significant change, however, was that amendments were first voted on in the Committee of the Whole. Before 1970, this was a secretive committee made up of all House members – and imbued with the power of rejection, but not passage. The flame-throwing amendments were dispatched in secret. But amendments adopted received a public vote on the floor.

This calming layer of secrecy was essential.

The 1970 law forced the Committee of the Whole into the sunshine. For the first time, any member could force any other member to cast a public vote on any issue. And junior members squeezed leadership into difficult spots, forcing repetitive public votes on things like abortion, busing and school prayer.

The increase in transparency brought two marked changes: a substantial increase in the number of issues debated, and a seismic increase in what is euphemistically known as "messaging."

Among members, the lexicon is less polite. Messaging is often referred to as "plundering schemes" or "bomb-throwing." And the amendments are referred to as "gotchas," "November amendments," "poison pills" etc.

The more colloquial names unveil malicious intent. "Gotchas' are not written to improve legislation but to gum up the works or extract maximum political pain, driving members apart.

Some mistakenly claim this onslaught of weaponized amendments was an unforeseen consequence of sunshine. But the dynamic was investigated by the Framers. Alexander Hamilton insisted on secrecy specifically to limit animosity. Had members crafted legislation in sunshine, he wrote, "much food would have been afforded to inflammatory declamation." James Madison agreed.

To limit partisan anger, the Framers employed rules of secrecy in the Constitutional Convention and placed a right to legislative secrecy in Article I.

But in the hearings and debates leading up to the 1970 law, the ideas of the Framers were overlooked. Worse, the spirit of the Constitution was scorned.

Future Speaker Tip O'Neill brandished legislative secrecy like a form of profanity, calling the secret amending process a "cowardly system." And no one references the Constitution.

But think of the difference. Unlike the 1970 reformers, Hamilton spoke from experience. In debates over the Articles of Confederation, he suffered through heated sessions of public debates. Contrast this to O'Neill who had spent his early career sheltered by a process permitting calming secrecy.

Looking back, the data is unequivocal. It leans heavily in favor of Hamilton. O'Neill claimed the changes would result in no more than 15 additional roll call votes a year. By 1978 the number had soared to 900.

Political scientist Steven Smith was the first to investigate this dynamic. "Frustration with floor amending activity reached the boiling point," he wrote in "Call to Order." "Deals struck in committee came unglued when the parties were forced to cast recorded votes on unanticipated floor amendments. Reelection prospects could change as members were forced to cast repeated recorded votes on divisive issues."

Smith recounts the 1979 efforts of one member to stem the tide. Exasperated with the endless bomb-throwing, Democrat John LaFalce of New York penned an irate letter to leaders imploring them to implement "modified" open rules – where "modified" was essentially a euphemism for "closed."

"Some will cry out that the Leadership is trying to institute 'gag rules,' he wrote, but "without relief of some kind, we won't be able to do the jobs for which we were elected."

Today, it is hard to imagine any member reading that letter without squirming. Decades ago, LaFalce proposed to "fix" the House by neutering the input of the rank and file. Worse, a beleaguered leadership had little choice but to comply.

But LaFalce's plan proved to be a tragic mistake. Open amending had been an integral part of Congress since inception. It empowered the rank and file and it allowed the chamber to test novel ideas. (A group of congressional scholars recently included a return to pre-1970 rules as part of a broader reform package.)

If LaFalce had looked at data or queried the Framers, he would have seen the amending problem lies with transparency, not openness. Even a modern-day, pro-transparency reformer might notice the same. The surge in votes surely creates more data for the public to scrutinize, but it is the opposite of information.

Today's congressional record is littered with the fingerprints of warfare, misinformation and grandstanding. There are legions of votes on hot-button issues that drive mistrust, partisanship and cynical responses from the press. There are potshots at leaders who, in order to pass legislation, heed the words of LaFalce and close down the process.

The only thing missing in the data is a clean record of a member's intentions. In short, the only thing missing is pertinent information.

Discussing the secrecy of the Constitutional Convention, Hamilton wrote that more transparency would have guaranteed "the clamors of faction would have prevented any satisfactory result."

But because of Tip O'Neill and John LaFalce we have replaced a proven open amending process with an unproven transparent one. Are the results satisfactory? Hardly. Leadership is unhappy. The public is unhappy. The rank and file is unhappy.

If we revert to closed committees, partisan anger will slowly revert to pre-1970 levels – the lowest in history. Gotcha votes can be avoided. And a relieved leadership can re-open the amending process.

For their part, citizens will see far less anger, far fewer hot-button flare-ups and far less data. But ironically, via secrecy, we will enjoy far better information.


Read More

Rotunda of the U.S. Capitol Building

Rotunda of the U.S. Capitol Building on Oct. 14, 2025, in Washington, D.C. If Democrats win the House in November, questions will swirl around impeaching President Trump yet again.

(Andrew Harnik/Getty Images/TNS)

The Good Reasons and Bad Politics Surrounding a Third Trump Impeachment

A coalition of right-wing organizations and activists is lobbying the White House to grant mass pardons to junior staffers in the administration. “A pardon for all junior administration personnel is viewed as unlikely,” one source told the Washington Sun, “but the president could issue blanket pardons for all employees involved in particular policy areas, such as deportations, war or trade.”

Oh, just war, deportations and trade? Is that all?

Keep ReadingShow less
US Capitol building
The United States Capitol building with its white dome against a blue sky

Would Congressional Term Limits Make Congress Better—or Worse?

Starting in the 1990’s, the idea of putting term limits on members of Congress became a recurring idea to reform the institution and improve democracy. The idea was born out of the theory that replacing the current crop of legislators with a new batch would produce a better Congress. More than 30 years later we now have quantitative and qualitative data showing the impact of term limits.

Twenty-one state legislatures have enacted some kind of term limit on legislators since 1990. Since then, dozens of academic studies have examined the impact on such factors as: complexity of legislation, influence of lobbyists and staff on legislative outcomes, and interactions with constituent. Here are some key findings.

Keep ReadingShow less
Hand points to the word tax on a screen

Data calculations

Getty Images

Inconvenient Numbers Are a Sign the System Works

Earlier in October, the Bureau of Labor Statistics reported that consumer prices rose 3.7 percent over the past year, a little higher than the month before, with gasoline accounting for more than half of September's increase. Rising prices are the kind of news no incumbent politician wants weeks before an election. The report was published anyway, on schedule. That is the quiet discipline of a trustworthy statistical system. It tells us what is true even when the number is unwelcome to whoever holds power.

So, do Americans trust government data? We do. But that trust is incomplete, and it has room to grow.

Keep ReadingShow less
The Pennsylvania state capitol building.

The Pennsylvania state capitol building.

jimfeng/Getty Images

Pennsylvania’s Bipartisan Exchange Is Rebuilding Trust in Governance

The University of Pittsburgh Institute of Politics has nearly 40 years of experience working with legislators from different political parties, and it is building on this history by drawing on lessons from the successful American Congressional Exchange model, begun in 2018 at the Bipartisan Policy Center, and from state exchanges now underway in Minnesota and Michigan. The University of Pittsburgh Institute of Politics, in collaboration with the Bridge Alliance, has launched the Pennsylvania Legislative Exchange.

This state-based, systematic approach is designed to foster better relationships and build trust across the political aisle with the following guiding principles:

Keep ReadingShow less