Skip to content
Search

Latest Stories

Follow Us:
Top Stories

For the People Act falls victim to partisan dysfunction

Sen. Joe Manchin

Sen. Joe Manchin drove the final nail into the For the People Act's coffin.

Pool/Getty Images

When Sen. Joe Manchin's office told CNN this week that he opposes the For the People Act, the West Virginia Democrat struck a fatal blow to his party's signature legislation to overhaul the elections, redistricting, campaign finance and ethics rules.

From its debut in 2019, the legislation was considered a long shot at best and likely nothing more than a messaging platform for Democrats. That prediction -- the first article written by The Fulcrum -- has come to fruition two and a half years later as the parties avoided attempts at compromise and fought over congressional rules that stymied passage.


In March 2019, Democrats forced the bill through the House on a strictly party-line vote while knowing Majority Leader Mitch McConnell was never going to allow a vote in the Republican-run Senate.

But after Joe Biden won the presidency and Democrats took control of a 50-50 Senate, the bill's backers thought they might have a real opportunity to enact the popular legislation (known to many as HR 1 and S 1). However, while the Democrats again won passage in the House (this time with one Democrat joining all Republicans in opposition), they still faced the daunting challenge of overcoming the Senate filibuster.

The chamber's rules allow senators to obstruct a vote by prolonging debate indefinitely. The only way to end the debate and move to a vote is to "invoke cloture," which requires 60 senators to vote in favor of ending debate and moving to a vote on the subject at hand. In recent years, cloture votes have become the norm for any partisan bill -- even without any senators actually engaging in a filibuster.

A number of Democrats have called for abolishing the legislative filibuster this year (the Senate previously ended the practice of filibustering presidential nominations) in order to pass the For the People Act. But two Democratic senators, Manchin and Arizona's Kyrsten Sinema, have said they oppose ending the Senate tradition. If both of them changed their minds, the filibuster could be abolished and only a bare majority would be needed to pass the For the People Act. (This last step could be achieved if all Democrats voted in favor and Vice President Harris broke the anticipated tie.)

With Manchin opposing the bill, there's no path forward.

So how did we get here?

First, the For the People Act has been a partisan play from the beginning. Democrats set it as a legislative priority and never invited Republicans to help craft or change the legislation. Of course, Republicans did not seek a meaningful role -- both sides dug into their deep-rooted positions with no room for compromise.

And then there's the filibuster, which for more than two centuries has been cited as a tool for preventing a majority from running roughshod over the political minority, helping the Senate cool any tempers flaring in the House of Representatives. In order to overcome opposition, senators were forced to reach a compromise accepted by both parties.

But opinions have shifted and some reformers have cited the filibuster as a leading cause of legislative dysfunction, saying one cranky lawmaker (or the minority as a whole) can gum up the works when a majority is trying to serve the people.

While the massive bill, which has demonstrated bipartisan support in polling, has nowhere to go, perhaps it could be scrapped for parts. Republicans might be willing to accept some components that prove popular among their constituents, as long as they can still say they are preventing a federal takeover of elections. But don't hold your breath.


Read More

The Puncher’s Illusion: Winning the First Round and Losing the War
Toy soldiers in a battle formation
Photo by Saifee Art on Unsplash

The Puncher’s Illusion: Winning the First Round and Losing the War

In the Rumble in the Jungle, George Foreman came in expecting to end the fight early.

At first, it looked that way. He was stronger, faster, and landing clean punches. I watched the 1974 championship on simulcast fifty-two years ago and remember how dominant he was in the opening rounds.

Keep ReadingShow less
Calling Wealthy Benefactors!
A rusty house figure stands over a city.
Photo by Katja Ano on Unsplash

Calling Wealthy Benefactors!

My housing has been conditional on circumstances beyond my control, and the time is up; the owner is selling.

Securing affordable housing is a stressor for much of the working class. According to recent data, nearly 50% of renters are cost-burdened, meaning they spend over 30% of their take-home income on housing costs. Rental prices in California are especially high, 35% higher than the national average. Renting is routinely insecure. The lords of land need to renovate, their kids need to move in. They need to sell.

Keep ReadingShow less
An ICE agent monitors hundreds of asylum seekers being processed upon entering the Jacob K. Javits Federal Building on June 6, 2023 in New York City. New York City has provided sanctuary to over 46,000 asylum seekers since 2013, when the city passed a law prohibiting city agencies from cooperating with federal immigration enforcement agencies unless there is a warrant for the person's arrest.(Photo by David Dee Delgado/Getty Images)
An ICE agent monitors hundreds of asylum seekers being processed.
(Photo by David Dee Delgado/Getty Images)

The Power of the Purse and Executive Discretion: ICE Expansion Under the Trump Administration

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Key Takeaways

  • Core Constitutional Debate: Expanded ICE enforcement under the Trump Administration raises a core constitutional question: Does Article II executive power override Article I’s congressional power of the purse?
  • Executive Justification: The primary constitutional justification for expanded ICE enforcement is The Unitary Executive Theory.
  • Separation of Powers: Critics argue that the Unitary Executive Theory undermines Congress’s power of the purse.
  • Moral Conflict: Expanded ICE enforcement has sparked a moral debate, as concerns over due process and civil liberties clash with claims of increased public safety and national security.

Where is ICE Funding Coming From?

Since the beginning of the current Trump Administration, immigration enforcement has undergone transformative change and become one of the most contested issues in the federal government. On his first day in office, President Trump issued Executive Order 14159, which directs executive agencies to implement stricter immigration enforcement practices. In order to implement these practices, Congress passed and President Trump signed into law the One Big Beautiful Bill Act (OBBBA), a budget reconciliation package that paired state and local tax cuts with immigration funding. This allocated $170.7 billion in immigration-related funding for the Department of Homeland Security (DHS) to spend by 2029.

Keep ReadingShow less
Towards a Reformed Capitalism
oval brown wooden conference table and chairs inside conference room

Towards a Reformed Capitalism

Despite all the laws and regulations that apply to corporations, which for the most part are designed to make corporations more responsive to the greater good, corporations have wreaked great harm on our environment, their workers, their customers, and the general public. Despite all the rules, capitalism can still pretty much do what it wants.

The problem is not that the laws and regulations are not enforced, although that is partly true. The problem is more that the laws and regulations are weak because of the strong influence corporations have on both Congress (this is true of Democrats as well as Republicans) and those responsible for regulating.

Keep ReadingShow less