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Wolfensberger Archive

Congress Regulates Internal Speech for Good Reason | Procedural Politics

It is often noted there are two kinds of members in Congress: the showhorses and the workhorses. That’s probably an oversimplification, since most members consider themselves workhorses, but with a flair for show. Politics, after all, is a lot like show business, with public attention and appreciation focused on those actors who are able to entertain and project their roles in a convincing and effective manner. On Broadway, the payoff is in audience acclaim and good reviews. In Congress, it is in media attention and re-election.

Why Are Restrictive Rules Ratcheting Up? | Procedural Politics

One of the recurring, puzzling paradoxes in the House of Representatives is why new majorities, coming to power on pledges to restore openness and regular order, quickly revert to the ways of their predecessors and become even more restrictive in closing down the floor amendment process on important bills.

Political Games Can Trigger Petard Self-Hoist | Procedural Politics

House Democrats are learning a basic lesson of procedural politics: Those who engage in political gamesmanship can sometimes be hoisted with their own petard (an explosive device used to breach doors and gates).

Senate Trade Bill Prompts Floor Trades | Procedural Politics

The Senate trade promotion bill became a self-fulfilling prophecy in ways its sponsors probably didn’t anticipate — all before it could even pass the Senate. The trades made were legislative favors swapped on the floor for the support of senators otherwise threatening to bring the bill down. Step by step these legislative side payments accrued sufficient interest to move the bill forward and ultimately past the last 60-vote cloture threshold to final passage.

Congress Is Still Evolving, but to What? | Procedural Politics

Recently, I participated in a panel discussion on “The Evolving Congress” cosponsored by the Bipartisan Policy Center and National Capital Area Political Science Association. It was based on a book by that title written by a group of experts at the Congressional Research Service on its 100th anniversary. The panel had no problem agreeing that Congress has changed considerably since its inception. But there are still unresolved questions over just how and why it has evolved to what it is today, and what it might be evolving to.

Were House and Senate Budgets Separated at Birth? | Procedural Politics

Sometimes it’s hard to believe House and Senate budget resolutions had the same birth parents back in 1974. They are different in so many ways: They look different, act different, and, yes, even weigh different (more on that later).

Congress Has an Overriding Problem With Iran Deal | Procedural Politics

This week the Senate Foreign Relations Committee is slated to consider the Iran Nuclear Agreement Review Act introduced by the committee’s chairman, Sen. Bob Corker of Tennessee. The bill requires the president to submit the final agreement to Congress for a 60-day review period. The administration strongly opposes the legislation on grounds the pact is an executive agreement between the U.S., Iran and the five other nations and does not require congressional approval.

House GOP Restores Budget Game of Thrones | Procedural Politics

When Republicans regained control of the House in 1995 after 40 years in the minority, they vowed to eliminate the Democrats’ “king-of-the-hill” process for voting on budget resolution substitutes.

Cotton Balls Up Diplomatic Protocol With Letter | Procedural Politics

Senator Tom Cotton’s “open letter” to the leaders of Iran on negotiations over its nuclear program ran into a buzzsaw of criticism from the president, vice president, our negotiating partners and members of Congress from both parties. The main criticism: Senators should not thrust themselves directly into the middle of ongoing negotiations between the U.S. and other countries.

Lott-Daschle Reform Bars Bill-Blocking Actions | Procedural Politics

House Republicans painted themselves and the Senate into a corner by making Department of Homeland Security funding after Feb. 27 contingent on rolling back President Barack Obama’s unilateral immigration actions. Surely, they were fantasizing a corner with a hidden trap door and safe room.

Keystone Process Tells Tale of Two Houses | Procedural Politics

Do you remember Senate Republican Leader Mitch McConnell of Kentucky and House Majority Leader Kevin McCarthy of California promising last fall to return the new Congress to the regular order? The initial test came on the first major bill in the well of both houses, the Keystone XL Pipeline Act. Whereas the Senate produced a veritable gusher of amendments with all hands at the wellhead, the House reverted to a narrowly-constricted flow tube controlled by a few valve masters.

New Congresses Lead With Legislative Blitzes | Procedural Politics

Most Americans prejudged the new Congress a failure before it even began. According to a CNN/ORC poll taken in mid-December, only 37 percent think the 114th Congress will get more done than its predecessor while 62 percent think it will get less done or be no different. But they could be wrong.

Opening Day Hoopla Sets Optimistic Tone | Procedural Politics

If the tone set on opening day could determine the success of Congress over the next two years, the scaffolding now encasing the Capitol dome would become a magical power grid of peace and harmony generating a steady source of national policy solutions.

Cruz Move Misses Its Constitutional Mark | Procedural Politics

On Saturday, Dec. 13, Senator Ted Cruz (R-Texas) attempted to block funding for the president’s executive order on immigration by raising what he called “constitutional point of order” against the homeland security portion of the cromnibus appropriations bill. It was a clever eleventh hour gambit to dramatize the issue. However, it completely missed the mark as a credible point of order because it did not cite any provision of the bill as directly violating the Constitution.

Democrats Resurrect Call for Remote Voting | Procedural Politics

Republicans may think they put proxy voting in its grave when they changed House rules in 1995 to ban it in committees. But the issue resurfaced last month when a dispute arose in the Democratic Caucus over Illinois Rep. Tammy Duckworth’s request to vote by proxy in caucus elections because she was about to give birth to her first child.

Time to Strike a Fair Balance on Floor Amendments | Procedural Politics

The minority party in the House perennially complains it is treated unfairly when it comes to offering floor amendments. On some legislation it is not allowed to offer any amendments. That has been the case regardless of which party controls the House, and it’s gotten worse with each Congress dating back to the early 1990s.

Lame-Duck Sessions Don't Hatch Procedural Quackery | Procedural Politics

Lame-duck sessions of Congress are those that occur after an election and before the new Congress. The lame ducks, of course, are those members who will not be returning in the next Congress due to retirement, defeat or running for other office. Oh, they still get paid and are still expected to vote (and most do). But, they have less incentive to show up regularly or vote the party line. That throws an element of uncertainty into lame-duck sessions and is why leaders would prefer to avoid them altogether. Nowadays, however, they are all but impossible to avoid given an appropriations process infected by an unchained malady looping in an unfinished symphony.

How Does Campaign Financing Affect Polarization? | Procedural Politics

An interesting debate is swirling around next Tuesday’s midterm elections for Congress. It involves the extent to which the sources, amounts and uses of campaign contributions will affect not only the outcomes of various hotly contested races but the makeup, policy agenda and processes of the next Congress.

Members' Day Proposals Reflect Varied Concerns | Procedural Politics

My previous column left some readers in a state of suspended agitation because I praised the revival of the Members’ Day congressional reform hearing in the Rules Committee (after a 12 year hiatus), but failed to discuss any of the specific proposals recommended. Hopefully this account will douse the ire, though it doesn’t begin to cover all the proposals submitted by the 28 members who offered testimony.

Members’ Day Revives Bipartisan Reform Fest | Procedural Politics

The House Rules Committee recently resurrected a custom first established in 1996 by then-Chairman Jerry Solomon, R-N.Y., inviting members of both parties to testify toward the end of the second session on rules changes they would like to see adopted in the next Congress. Solomon called the hearing “Members’ Day” to connote the open-ended opportunity for any member to suggest improvements in House operations.

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