Legislative Process
Rules Changes Through Precedent
Don Wolfensberger wrote a nice piece on the parallels between Majority Leader Reid’s nuclear option and Speaker Reed’s ruling in 1890 that eliminated dilatory motions in the House. Both are good examples of rules changes through precedent. The two were so similar it was the first example that came to mind as Majority Leader
Nuclear Winter In The Senate… Or Not
Since Democrats invoked the nuclear option, reducing cloture on judicial and executive nominations, there are serious concerns that those actions would result in fallout. Would the Republican minority, in retaliation to losing significant leverage in the nominations process, attempt to drag out every nomination and/or bill? So far, that can’t be answered definitively. Some reporters
Talking About Reform In Aftermath Of Senate’s “Nuclear Option”
Since Senate Majority Leader Harry Reid used the so-called “nuclear option” to essentially end the filibuster on most presidential nominations on Thursday, there has been considerable speculation over the future of the filibuster on legislation. GAI Senior Fellow Joshua Huder argues that the filibuster, when used correctly, can foster bipartisanship and calls for
The Senate Goes Nuclear: Is the Filibuster Endangered?
Enormous change to the Senate occurred today. By majority vote, the Senate moved to proceed on judicial and executive nominations, with the exception of Supreme Court nominations. What you need to know: The parliamentary tactic used in the Senate was not a rules change. It was a change in precedent on the motion to proceed.
It’s Congress’s Fault: How Congress Polarizes America
Currently, the debate over American polarization is dominated by electoral considerations: gerrymandering, sorting, PACs, campaign finance, etc. Most of these arguments are based on underlying assumption that the American people, or a political process that sorts voters into districts, are driving polarization. For the most part this is true. However, the effect is also hugely
Op-Ed: No Good Options For Speaker
By Marian Currinder and Joshua Huder The federal government has shut down for the first time since 1996 and all eyes are focused on House Speaker John Boehner. Will he continue to insist upon tying a repeal or delay of Obamacare to a funding bill? Or will
Can Boehner Be Removed From Office?
If Speaker Boehner allows the House to vote on a “clean” continuing resolution with the idea of allowing it to pass with a majority of Democratic votes, can he be removed as Speaker in the 113th Congress? As of this writing it appears that a government shutdown is inevitable. The only realistic, albeit remote possibility of
Voting Against Defunding to Vote for Defunding: Cannibalism and the CR
The Senate’s procedural and strategic contexts may create an interesting irony for some Republicans this week. The Senate’s conservative Republicans may filibuster their own bill. If this seems like procedural cannibalism, it’s likely not. However, if they are successful, it may be unintended tactical cannibalism. Democratic Leader Harry Reid has repeatedly said that no continuing
Funding the Government, Defunding Obamacare, & Innovative Procedure
As Congress steps closer to the various fiscal cliffs over the next week, the pressing question for Republican leadership is how to defund Obamacare. Several Republicans have indicated they will not support any continuing resolution not tied to the defunding the ACA. The law goes into effect on October 1st and many see this as
Nuclear Showdown
Earlier this year a good faith, bipartisan deal was made in the Senate to put minor limits on the use of the filibuster on legislation. But this effort apparently did not tamp down the intense partisanship. In response, Senate Majority Leader Harry Reid is laying the rhetorical groundwork for much more aggressive reform later