Skip to content
Search

Latest Stories

Follow Us:
Top Stories

A partisan Congress can still do some legislating

U.S. Capitol; filibuster
Roy Rochlin/Getty Images

In one of the most narrowly divided Congresses in recent history, as party loyalty and the filibuster are often key determinants of legislative outcomes, common sense tells us not to expect much production from our lawmakers.

But we would be wrong.

According to data compiled by the Pew Research Center, the current Senate has taken the second fewest cloture votes on legislation since 2005-06 (with an unusually high rate of success) and this Congress is on pace to pass more legislation than most of its predecessors over the past decade.


Congress has received some unusually positive publicity in recent months for passing a series of laws with bipartisan support, including an infrastructure package, a bill providing new health benefits for veterans, and a gun violence bill. While those bills deserve to get the headlines, the numbers show progress on much more.

Pew gathered data on the number of bills passed through August of the second year of each Congress’ two-year term. Pew further broke the totals down into “substantive” bills (such as spending and policy-setting measures) and “ceremonial” bills that honor individuals, groups or organizations.

The 117th Congress has passed 129 such substantive bills so far, up from 123 in 2019-20. Only the 114th (2015-16) and 115th (2017-18) Congresses passed more in the past dozen years. Republicans controlled both chambers during those four years, with comfortable margins in the House.

Laws enacted by Congress, through August of second year of term

While the House can pass legislation with a simple majority vote, things are more complicated in the Senate. Yes, the Senate also passes legislation by majority, but the minority party – or even an individual senator – has the power to slow the process and even prevent passage of policy measures through the filibuster.

Before the Senate can vote on a bill, it must first vote to end debate on the measure (known as “cloture”). That motion requires 60 “yes” votes. In theory, lawmakers seeking to prevent cloture must keep speaking through the debate, but the Senate has evolved in a way that allows for a silent filibuster, in which the mere threat is enough to block passage.

The filibuster has been prominently used in the past few years to block legislation intended to establish national standards for election: the For the People Act, and the John R. Lewis Voting Rights Advancement Act and the Freedom to Vote, which merged elements of the other two after they were blocked.

So far in the current Congress, the Senate has taken 40 cloture votes – one more than the 115th (2017-18). The last time there were so few cloture votes was 2003-05, which featured 26 such votes. Among the 40 votes, 25 (or 63 percent) were successful in ending debate and advancing to a final vote. That success rate is the fourth highest in the past 16 Congresses.

Number of cloture votes on legislation and their outcomes, by congressional term


Read More

Scarier Than the Boogeyman
boy sitting while covering his face

Scarier Than the Boogeyman

April is Child Abuse Awareness Month. Going to college, I took a child welfare class to become a social worker, and we were taught about child abuse and neglect. We were taught that there are times when the government has to intervene to protect the welfare of a child and act in the child’s best interest. Growing up, I had no trust in the government. Child Protective Services (CPS) workers were labeled “baby snatchers,” and they were to be feared rather than trusted.

Early in my career, I went on home visits, and I supported women who were involved with child welfare. I saw firsthand cases of extreme neglect. I will never forget walking into a woman’s apartment where I saw three children, a baby on the floor next to a pile of milk and cereal caked into the carpet, a toddler staring blankly at a TV, and a five-year-old who smiled at me with silver teeth. The TV was blaring, and we had to announce ourselves multiple times before Mom came out of the bedroom. Mom had issues with drugs and the kids had been taken away on numerous occasions. I walked away from that visit conflicted. There were other occasions where CPS intervened, simply because mom was a survivor of domestic violence and the system was being used against the survivor by her abuser, labeling her as a bad mother, in a vindictive agenda.

Keep ReadingShow less
Capitol Building of USA

Senate votes increasingly pass with support from senators representing a minority of Americans, raising questions about representation, rules, and democracy.

Getty Images, ANDREY DENISYUK

Record Number of Bills and Nominations Passed With Senators Representing a Population Minority

From taxes to the environment to public broadcasting like PBS and NPR, the Senate has recently passed record levels of legislation and confirmed record numbers of nominations with senators representing less than half the people.

Using historical data, GovTrack found 56 examples of Senate votes on legislation that passed with senators representing a “population minority.” 26 of those 56 examples, nearly half, have occurred since President Donald Trump’s current term began.

Keep ReadingShow less
The Fahey Q&A with Elizabeth Rasmussen

An in-depth interview with Elizabeth Rasmussen of Better Boundaries on Utah’s redistricting battle, Proposition 4, and the fight to protect ballot initiatives, fair maps, and democratic accountability.

The Fahey Q&A with Elizabeth Rasmussen

Since organizing the Voters Not Politicians 2018 ballot initiative that put citizens in charge of drawing Michigan's legislative maps, Fahey has been the founding executive director of The People, which is forming statewide networks to promote government accountability. She regularly interviews colleagues in the world of democracy reform for The Fulcrum.

Elizabeth Rasmussen is the Executive Director for Better Boundaries, a Utah-based organization fighting for fair maps, defending the citizen initiative process, preserving checks and balances, and building a better future. Currently making headlines in the state, Better Boundaries is working to protect Proposition 4, and with it, the rights of Utah voters.

Keep ReadingShow less