Skip to content
Search

Latest Stories

Top Stories

Why the 'Fix Congress' committee should be allowed to keep at it

Rep. Rodney Davis

Rep. Rodney Davis said the Modernization Committee has been "the first opportunity in over a decade to take a deep, internal look at how the House functions."

Alex Wong/Getty Images
Tudor is a policy advocate at Protect Democracy, a nonpartisan nonprofit that advocates for reducing executive power as part of its efforts to combat authoritarianism in American government.

In September, after nearly two years of work, the House Select Committee on the Modernization of Congress released its final report — a package of eight dozen recommendations to help make Congress more effective and responsive to the public.

As the majority Democrats map out their priorities for the new Congress, they should commit to the committee's reauthorization.

Much has been written about the committee's work as a bipartisan bright spot. Its members are laudatory about the space it provided for cross-aisle cooperation, and outside advocates have applauded the output: bundles of detailed recommendations that would genuinely improve how the House does its job, from reforms to the budget process and regulatory oversight to staff retention and administrative efficiencies. There is little doubt about the quality of the committee's product.

But there are other compelling reasons that House Democrats should support reauthorization. Beyond the obvious need for more high-quality ideas, sustaining (or making permanent) the Modernization Committee would also be good politics.

First, a congressional reform panel gives members interested in the health of the institution a structured place to funnel their expertise.

Political scientist Roger H. Davidson once coined these reform-minded members "procedural entrepreneurs." In every era, he observed, "at least a few members of Congress cultivate a lively interest in the institution itself: how Congress works, how its virtues can be nurtured, how its effectiveness can be improved." Davidson was studying the Legislative Reorganization Act of 1946. But the observation still holds true.

Sign up for The Fulcrum newsletter

Some members now, as then, are particularly drawn to the machinery of the institution, but only rarely have an avenue to do much about it. "Internal House operations have always interested me," says GOP Rep. Rodney Davis of Illinois, and yet his assignment to the Modernization Committee was "the first opportunity in over a decade to take a deep, internal look at how the House functions."

Providing that opportunity at all times is important. The absence of a dedicated space to study, debate and propose reforms does not do away with calls for reform — but it does risk making those calls more unwieldy and, potentially, fractious.

For example, the arrival of the so-called Watergate Babies, the huge class of House members elected after President Richard Nixon resigned in 1974 on a commitment to make the government more honest and transparent, precipitated a period of bitter intraparty battles. The newcomers arrived with fresh and incredulous eyes, and with the help of elder reformers adopted a sweeping agenda to remake Congress. It was a distinctly confrontational approach, where reforms were not so much thoughtfully studied and debated as decreed and relentlessly fought for.

Those that came to pass — from televised committee sessions to floor procedures allowing more votes on divisive issues — generated a range of unintended consequences.

The virtue of a Modernization Committee is not only that it tackles tough institutional issues, but that it provides an insulated and contained space for doing so. Reform topics that are politically tricky (earmarks), have thorny partisan histories (the Office of Technology Assessment), or are genuinely complex (biennial budgeting) enjoy a holding space for careful treatment by reform-minded members.

Second, while the Modernization Committee's work may not strike the same political points as members' work on health care, jobs or climate change, it still pays political dividends.

Coverage in local papers has been congratulatory and approving. A newspaper in the western Washington district of Derek Kilmer, the committee's Democratic chairman, framed the panel's work as promoting "civility and bipartisanship," for example. And while it's unlikely many voters care about the congressional calendar or hearing formats, most do care that the people they send to Congress are making concerted efforts to improve through compromise a broken branch of government.

Perhaps most importantly, the Modernization Committee represents a distinctly better approach for updating Congress than past waves of reform — and one less likely to so radically upset existing power structures that the reforms are put to bed quickly.

The history of legislative reform is characterized by big bursts of energy followed by murky legacies.

The 1946 law reorganizing Congress — which included radical budget reforms, streamlining committee jurisdictions and the start of merit-based staffing — was historic in ambition. In practice, though, most of its cornerstone changes were scuttled. Senior members jettisoned the budget reforms; committee members didn't much care for more independent staff; and a proliferation of subcommittees limited the law's capacity to rein in a sprawling committee system.

Then, as now, a special panel had been formed and given just two years to propose improvements. Its short lifespan put it under significant pressure. Most of its ideas were imported from political scientists and were not the product of internal deliberation and compromise. And the committee was neither truly representative of the membership nor meaningfully engaged the regular committees that would be responsible for turning proposed reforms into reality. And so the approach destined the law's far-reaching provisions to disappointment.

Adaptive changes that stick require time to socialize and iterate. They benefit from internal grappling among those who will be affected. Like any complex body, Congress is more amenable to disciplined and incremental changes than hurried and sweeping ones.

The Modernization Committee, under celebrated leadership, has made strenuous efforts to involve members across the institution in its work. It has demonstrably committed to careful study and deliberation of ideas — and worked collaboratively with the committees responsible for implementing its 97 proposals.

To cut its lifespan short now would be to terminate a worthwhile experiment that seems to be on a different path than its predecessors.

The politics of change never suggest good odds, especially at the Capitol. And the congressional history of select committees that push through big changes don't enjoy rosy histories. Reauthorizing the Modernization Committee would signal support for a different, smarter approach. It's a safe bet for any party committed to better government.

Read More

Project 2025: The Department of Labor

Hill was policy director for the Center for Humane Technology, co-founder of FairVote and political reform director at New America. You can reach him on X @StevenHill1776.

This is part of a series offering a nonpartisan counter to Project 2025, a conservative guideline to reforming government and policymaking during the first 180 days of a second Trump administration. The Fulcrum's cross partisan analysis of Project 2025 relies on unbiased critical thinking, reexamines outdated assumptions, and uses reason, scientific evidence, and data in analyzing and critiquing Project 2025.

The Heritage Foundation’s Project 2025, a right-wing blueprint for Donald Trump’s return to the White House, is an ambitious manifesto to redesign the federal government and its many administrative agencies to support and sustain neo-conservative dominance for the next decade. One of the agencies in its crosshairs is the Department of Labor, as well as its affiliated agencies, including the National Labor Relations Board, the Equal Employment Opportunity Commission and the Pension Benefit Guaranty Corporation.

Project 2025 proposes a remake of the Department of Labor in order to roll back decades of labor laws and rights amidst a nostalgic “back to the future” framing based on race, gender, religion and anti-abortion sentiment. But oddly, tucked into the corners of the document are some real nuggets of innovative and progressive thinking that propose certain labor rights which even many liberals have never dared to propose.

Sign up for The Fulcrum newsletter

Keep ReadingShow less
Preamble to the U.S. Constitution
mscornelius/Getty Images

We can’t amend 'We the People' but 'we' do need a constitutional reboot

LaRue writes at Structure Matters. He is former deputy director of the Eisenhower Institute and of the American Society of International Law.

The following article was accepted for publication prior to the attempted assassination attempt of Donald Trump. Both the author and the editors determined no changes were necessary.

Keep ReadingShow less
Beau Breslin on C-SPAN
C-CSPAN screenshot

Project 2025: A C-SPAN interview

Beau Breslin, a regular contributor to The Fulcrum, was recently interviewed on C-SPAN’s “Washington Journal” about Project 2025.

Breslin is the Joseph C. Palamountain Jr. Chair of Political Science at Skidmore College and author of “A Constitution for the Living: Imagining How Five Generations of Americans Would Rewrite the Nation’s Fundamental Law.” He writes “A Republic, if we can keep it,” a Fulcrum series to assist American citizens on the bumpy road ahead this election year. By highlighting components, principles and stories of the Constitution, Breslin hopes to remind us that the American political experiment remains, in the words of Alexander Hamilton, the “most interesting in the world.”

Keep ReadingShow less
People protesting laws against homelessness

People protest outside the Supreme Court as the justices prepared to hear Grants Pass v. Johnson on April 22.

Matt McClain/The Washington Post via Getty Images

High court upholds law criminalizing homelessness, making things worse

Herring is an assistant professor of sociology at UCLA, co-author of an amicus brief in Johnson v. Grants Pass and a member of the Scholars Strategy Network.

In late June, the Supreme Court decided in the case of Johnson v. Grants Pass that the government can criminalize homelessness. In the court’s 6-3 decision, split along ideological lines, the conservative justices ruled that bans on sleeping in public when there are no shelter beds available do not violate the Constitution’s prohibition on cruel and unusual punishment.

This ruling will only make homelessness worse. It may also propel U.S. localities into a “race to the bottom” in passing increasingly punitive policies aimed at locking up or banishing the unhoused.

Keep ReadingShow less
Project 2025: A federal Parents' Bill of Rights

Republican House members hold a press event to highlight the introduction in 2023.

Bill O'Leary/The Washington Post via Getty Images

Project 2025: A federal Parents' Bill of Rights

Biffle is a podcast host and contributor at BillTrack50.

This is part of a series offering a nonpartisan counter to Project 2025, a conservative guideline to reforming government and policymaking during the first 180 days of a second Trump administration. The Fulcrum's cross partisan analysis of Project 2025 relies on unbiased critical thinking, reexamines outdated assumptions, and uses reason, scientific evidence, and data in analyzing and critiquing Project 2025.

Project 2025, the conservative Heritage Foundation’s blueprint for a second Trump administration, includes an outline for a Parents' Bill of Rights, cementing parental considerations as a “top tier” right.

The proposal calls for passing legislation to ensure families have a "fair hearing in court when the federal government enforces policies that undermine their rights to raise, educate, and care for their children." Further, “the law would require the government to satisfy ‘strict scrutiny’ — the highest standard of judicial review — when the government infringes parental rights.”

Keep ReadingShow less