Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Idle hands in Congress lead to obstruction

Speaker Nancy Pelosi at a podium

Speaker Nancy Pelosi can drive action in the House without considering individual members' input, and that has to change, writes Strand.

Samuel Corum/Getty Images
Strand is president of the Congressional Institute, a nonprofit that seeks to help members of Congress better serve their constituents and their constituents better understand Congress. He recently spoke with the Select Committee on the Modernization of Congress about restoring civility and letting lawmakers legislate. This is adapted from his remarks.

"It's all part of the process," President Biden said about progressive protestors filming Democratic Sen. Kyrsten Sinema in a public bathroom. That's not part of the legislative process. Rather, it is part of the dysfunction and incivility that threatens the process.

The success of democratic government lies in diverse people arguing about deeply held beliefs of constituents in an atmosphere of respect and inalienable rights. Legislatures are civilizations answer to authoritarianism. The alternative is violence and survival of the fittest in a de-civilizing world. What some people call illiberal democracy is merely a bus stop on the way to authoritarianism.

Our legislative process is broken. During the last few months, the concerns of moderate House Democrats were heeded only when they threatened to sink the $3.5 trillion measure that is the largest expansion of domestic social programs this country has ever seen. Progressive House Democrats resorted to name-calling and primary threats against senators of their own party who they saw as not toeing the party line. Speaker Nancy Pelosi only considered support from House Republicans when it looked like she would need to pick off a few to win two very contentious votes.

But while a bipartisan group of Senators were actively involved in negotiating with the White House to develop the original infrastructure bill, the speaker's office has driven House action.

It is ludicrous, in our democracy, to think that a $5 trillion spending bill could pass without the full participation of the entire Congress, including hearings, committee markups, and an open and fair amendment process on the House floor.

The reality is that today, municipal legislatures and councils have a more robust amendment process than the House. Members who want to influence the outcome of legislation have an incentive to work with their colleagues on both sides of the aisle. Yet, over the last few decades, both parties have made it more difficult for individual members to legislate and then we act surprised when we see a lack of collegiality and collaboration.

The floor itself is where we see this most starkly as members are no longer free to offer amendments, and special rules are either closed to amendments or overly restrictive. According to the House Rules Committee's "Survey of Activities" for the 116th Congress, there were no open or modified open rules for that entire Congress.

Such restrictions reduce members' abilities to proactively participate in crafting legislation and representing their constituents. Spontaneity, creativity and representation on the floor have declined as has civility.

The limitations benefit the majority leadership. But every member, down to the newest freshman, speaks for constituents who are owed no less vigorous representation than powerful committee chairs or even the speaker.

In addition to participating in the legislative process, members derive much of their power through their constitutional prerogative to exercise oversight of the executive branch. For too long, committees and Congress have failed to authorize too many parts of the government, resulting in a lack of oversight and therefore a lack of accountability of the legislature over the executive.

Since most members and chairs are authorizers, committee rooms are natural places for Republicans and Democrats to work together on commonsense solutions and overcome rampant partisanship and polarization.

To get Congress back to regular order and create opportunities for members to actively participate in legislation, steps include:

  1. Allow for privileged consideration of legislation that has 300 cosponsors.
  2. Require a supermajority of 60 percent to have a closed special rule on authorization and appropriation bills.
  3. If an open amendment process is not followed, then at least allow floor managers to select a minimum number of amendments (e.g., five per side) for major legislation.
  4. Enforce current House rules banning the appropriations for unauthorized programs or require a supermajority to waive Rule XXI (prohibition on unauthorized appropriations).
  5. Penalize appropriation bills by limiting spending by 2 percent to 3 percent over the prior year appropriation if a program is not authorized.
  6. And, if the regular process fails, as it frequently does, make each title of an omnibus appropriations subject to amendment on the floor if it contains unauthorized appropriations.

While some of those steps can be accomplished through rules changes, others require legislation. That may mean taking a tough vote, but Congress is the big leagues. Members who fought hard to be here should not hide behind the Rules Committee to avoid tough votes.

The Select Committee on the Modernization of Congress has done a lot of great, bipartisan work to help Congress become effective. A natural outgrowth of their work would be a Joint Committee on Congressional Reform, which has been done several times over the last century when Congress recognized it needed significant reforms to retain its relevancy and power. The 117th Congress would be the ideal time for this committee to gain a Senate counterpart to more vigorously restore and strengthen the legislative function of government.

Confidence in Congress continues to decline partly due to not allowing members to legislate. If a Congress is not legislating, its value to its constituents is diminished as their problems and concerns are left unaddressed. Is it any wonder that much of Congress' power has shifted to the president?

Restoring a healthy legislative function is a prerequisite to reducing incivility and increasing collaboration. But more importantly, it is essential to maintaining our system of checks and balances that prevents a strong executive branch from dominating the government.


Read More

Confirmation on Easy Mode: Sen. Mullin’s nomination to lead DHS

U.S. Sen. Markwayne Mullin (R-OK) testifies during his confirmation hearing to be the next Secretary of the Department of Homeland Security in the Dirksen Senate Office Building on Capitol Hill on March 18, 2026 in Washington, DC.

(Photo by Chip Somodevilla/Getty Images)

Confirmation on Easy Mode: Sen. Mullin’s nomination to lead DHS

Since arriving in Congress in 2013 Sen. Markwayne Mullin has been known for disappearing for a few weeks to Afghanistan in a putative effort to rescue Americans still there after withdrawal and tried to draw the president of the Teamsters into a fight during a hearing. Ironically, or possibly appropriately, Sean O’Brien, that same president of the Teamsters, endorsed Mullin’s nomination. He has written several laws supporting Native American communities and pediatric cancer research. A Trump loyalist, on January 6, 2021 in the hours after the riot at the Capitol, Mullin voted to change the outcome of the 2020 presidential election by omitting Arizona and Pennsylvania’s votes for Joe Biden.

His work experience prior to his political career was primarily in running his family’s plumbing business after his father became ill. He spent four months as a mixed martial arts fighter with a record of three wins. (He’s also gotten a lot richer while in Congress.)

Keep ReadingShow less
Two people signing papers.

A deep dive into the growing uncertainty in the U.S. legal immigration system, exploring policy shifts, backlogs, and how procedural instability is reshaping the promise of lawful immigration.

Getty Images, Halfpoint Images

When Immigration Rules Keep Changing, the System Stops Working

For generations, the United States has framed legal immigration as a kind of social contract. Since 1965, when the Immigration and Nationality Act ended the national-origin quota system, the U.S. has formally opened legal immigration to people from around the world without racial or national-origin preferences. If people from across the globe sought to reunite with family or bring needed skills to the American economy, they were told they would be welcomed. If they sought U.S. citizenship, the country would provide a clear route to reach it.

Follow the procedures, submit the forms, pay the fees, pass the background checks, and your time will come. Legal immigration has never been easy or quick. But the promise has always been that the path exists.

Keep ReadingShow less
A New Norm of DHS Shutdown & Long Airport Lines

Travelers wait in a TSA Pre security line at Miami International Airport on March 17, 2026, in Miami, Florida. Travelers across the country are enduring long airport security lines as a partial federal government shutdown affects the Transportation Security Administration officers working the security lines.

(Joe Raedle/Getty Images/TCA)

A New Norm of DHS Shutdown & Long Airport Lines

If you’ve ever traveled to France, chances are you’ve come up against this all-too-common phenomenon. You get to the train station and, without warning, your train is out of service. Or a restaurant is oddly closed during regular business hours.

“C’est la grève,” you may hear from a local, accompanied by a shrug. It’s the strike.

Keep ReadingShow less
Constitutional Barriers to Nationalizing Elections
US Capitol
US Capitol

Constitutional Barriers to Nationalizing Elections

In the run-up to the midterms, President Trump continues to call for nationalizing congressional elections. He has sought to initiate the process through executive orders, such as one proposing to set “a ballot receipt deadline of Election Day for all methods of voting.” The words and spirit of the United States Constitution—the bedrock textualism and originalism of conservative constitutional interpretation—say he can’t nationalize elections.

Unlike some consequential constitutional questions, it’s not a close call.

Keep ReadingShow less