Washington is Reforming Everything But Itself...Or Is It?

Monday, March 29, 2010 |

"The more the American people understand the system's broken, the more the people are going to support rules reform"
- Sen. Tom Udall 

I think this year I've heard more about Congressional procedures than in my Local, State, and National Government class in high school. From filibusters to Reconciliation, the focus for this Congress has been the various rules and procedures than can block, accelerate, or simply pass a bill or nomination. I'm sure most of these legislative procedures weren't in Schoolhouse Rock "How A Bill Becomes A Law" (see below).



Yea they definitely weren't...

A band of over 20 younger, Democratic senators (they're really not that young but everyone else in the Senate is just that old. From now on I'll call them the Young Dems) has formed a coalition in the Senate that is determined to fix the broken rules system in the Senate. During the health care reform debate and other debates of legislation in this current Congress the American public has seen every rule in the book used to alter the course of a bill or block nominations. The democratic coalition is also seeking to change the procedure for selecting Chairmanships in the Senate. Unlike the House who holds elections within their Caucuses to select leadership positions for Committees, these positions are commonly based off of seniority in the Senate.

Some examples of the use of Senate rules in the current Congress

  • Virginia Supreme Court Justice Barbara M. Keenan was delayed nine months
  • Sen. Richard C. Shelby (R-Ala.) placed on hold on President Obama's nominees
  • Republicans  invoked "two-hour" rule in health care reform debate
  • Sen. Joseph I. Lieberman is allowed to maintain chairmanship of the Homeland Security and Governmental Affairs Committee after supporting John McCain for President in 2008.
During Obama's Administration numerous legislation has been enacted, debated, or introduced that reforms many of the outdated systems in American government. Of course the biggest of all reforms if the health care reform passed last week (Read The Next Great Voyage... for a summary of the provisions and helpful resources). Currently, financial regulation reform is being discussed and prepared for floor debate in the Senate. Congress has also discussed reforms to our nation's Immigration, Education, and Energy systems. All of these reforms modernize existing laws and regulations to meet current industry practices. It is one of the primary functions of Government to ensure that the laws governing a country are up-to-date with society. I agree with the Young Dems that the rules governing Congress should not be exempt.

I'm not going to attempt to explain all of the rules and procedures of Congress because that's not my specialty. However, anyone can see that the current rules system is outdated and can be prohibitive to progress in Washington. For example, the hold used by Shelby to block Obama's nominations was a rule that began in the 19th Century to allow Senators with difficulty traveling or communicating with the Chamber to oppose bringing up legislation or a nomination without being there. Sen. Michael Bennet (D-Colo.) has proposed a new rule that requires holds have support from a Senator in each party and last only 30 days.

Do you think the Young Dems will succeed in reforming the rules of the Senate? Will it matter? Is this system really broken now? What do you think?

Resources 
Younger senators take aim at old Senate rules
Senate Legislative Process
House Committee On Rules 

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