Despite bitter partisan divisions in this Congress, its most significant achievements have stemmed from bipartisan agreements that enabled leaders to override minority factions in both parties — the bill aiding Ukraine and the earlier measures to extend the debt ceiling and fund the government.
Bipartisan agreements were also possible for the main achievements of the previous Congress, in which Democrats enjoyed slim majorities in both houses: Bills to rebuild the nation’s crumbling infrastructure, restore U.S. leadership in chips production and deal with climate change.
In all of these cases, the keys to success were surmounting built-in barriers that make governing so difficult and permitting votes by the full House and Senate.
In the Senate, increased partisanship has undermined a landmark reform adopted nearly a half century ago that was supposed to make it easier for the majority to prevent a minority from blocking action. In 1975, a bipartisan majority lowered from two-thirds to 60 the number of senators needed to limit debate. That has made it easy for the minority party to obstruct whatever its members didn’t like.
Passing important bills might become easier if the Senate agreed to exempt motions to consider them from the filibuster rule, while leaving it in place on the legislation itself. Having some degree of debate would give supporters of important bills an opportunity to increase public pressure on a recalcitrant minority, while preserving its right of extended debate.
In the House, one of the main institutional barriers has been the GOP’s policy to only consider measures supported by a “majority of the majority.” The House would be more governable if Republicans formally scrapped the requirement, which allows a partisan minority to prevent a bipartisan majority from acting. One reason the previous House could effectively govern was that the Democratic majority had no such requirement.
Unfortunately, Johnson’s initiative has opened the way for its far-right GOP faction to seek a possible vote on removing him as speaker, like they did with his predecessor, Kevin McCarthy. It would hardly be surprising if, after he allowed the Ukraine aid vote, some Democrats might help save him.
Last weekend’s votes may be the last major congressional action before the November elections. Although Congress will still have to fund the government for the year starting Oct. 1, it’s likely to delay any major decisions until after the election.
But next year, institutional issues will again be relevant, given the likelihood that whichever party wins the presidency will face close margins in both houses.
Removing institutional barriers to consideration of important legislation by the full House and Senate would make it more likely that actions such as last weekend’s votes in the House can become the rule, rather than the exception.
