Skip to content
Search

Latest Stories

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.

Sign up for The Fulcrum newsletter

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

Recent Republican policies and proposals limiting legal immigration and legal immigrants' benefits and rights

An oversized gavel surrounded by people.

Getty Images, J Studios

Recent Republican policies and proposals limiting legal immigration and legal immigrants' benefits and rights

In a recent post we quoted a journalist describing the Republican Party as anti-immigration. Many of our readers wrote back angrily to say that the Republican party is only opposed to immigrants who are present illegally.

But that's not true. And we're not shy of telling it like it is.

Keep ReadingShow less
Indoor Air Pollution Causes Millions of Deaths Each Year
pink petaled flowers on green vase

Indoor Air Pollution Causes Millions of Deaths Each Year

After losing my kidney to cancer, I made a disturbing discovery: household air pollution might have contributed to my illness.

According to researchers, plastics in our air and household items could be linked to kidney problems. While I may never identify the exact cause of my cancer, research shows that indoor air pollution is responsible for an estimated three to five million premature deaths worldwide each year. It’s connected to heart disease, stroke, and cancer.

Keep ReadingShow less
Donald Trump standing with Elon Musk and Kid rock
President-elect Donald Trump, Elon Musk and Kid Rock watch a UFC event at Madison Square Garden on Nov. 16.
Chris Unger/Zuffa LLC

The Care and Feeding of a Superpower

The Department of Government Efficiency, DOGE, led by an unelected billionaire and supported by the Donald Trump administration, continues its bulldozer approach to our federal government. As we careen forward, an essential food for thought is an awareness of the global and historical perspectives that underscore how our current leaders' strategies align with a playbook for the final chapter of previous global powers.

When we think of global dominance, we often think of military strength and the size of a superpower’s budget. What we think less of is the importance of perception or the significance of the cultural aspects of power. The USAID spreads the impression of a peaceful and protective United States, dispersing resources and building a global community with the US at the helm. President Kennedy began the USAID in 1961 with an Executive order. Research shows that USAID has continuously had bipartisan support and a tremendous impact, makes up less than 1 percent of our budget, and is a major player within the United Nations Developmental Programme.

Keep ReadingShow less
Trump’s cuts at the FAA could underscore the risks of shrinking government
white passenger plane on airport during daytime

Trump’s cuts at the FAA could underscore the risks of shrinking government

WASHINGTON – After recent layoffs of employees at the Federal Aviation Administration and a string of aviation incidents, passengers and experts expressed concerns that U.S. airlines’ excellent safety record could be at risk.

About 400 probationary workers were removed from the FAA beginning on February 14, just weeks after the DCA midair collision on January 29 that left 67 dead. On February 17, at least 18 people were injured when a Delta Airlines flight from Minneapolis crash-landed upside down on a runway at Toronto Pearson International Airport.

Keep ReadingShow less