We all remember ABC’s clever children’s cartoon Schoolhouse Rock!, where we learned (among other things) how a bill becomes a law. That cute cartoon is instructive as to how a bill should become law.
Yet, for many years on Capitol Hill, that has not been the way things really work. It is a tragedy for our country.
We served in Congress at a time when, for the most part, this process was observed. First, a bill is introduced and sent to the committee with jurisdiction. There, it is debated and amended and, if approved, sent to the floor for additional debate and amendments.
If approved by the House, a similar process follows in the Senate before a conference committee irons out differences and both chambers vote the final bill up or down. After final passage, it arrives at the president’s desk for a signature or a veto.
All of that sounds straightforward. This process, known as “regular order,” allows for ideas to be vetted by a committee comprised of legislators from both parties who have developed expertise in the subject matter. More often than not, regular order leads to stronger legislation, as amendments are offered and members from both parties are given ample opportunity to participate.
Sometimes, the process takes a while. For example, it took years to enact immigration reform when we were in Congress in the 1980s (and it is the last time such reform was enacted). But the process led to a better outcome and resulted in notable support from legislators in both parties. That is the way the process should work. Alas, it has not been so in recent years.
Admittedly, some violations of this process occurred while we served. But beginning in the era of House Speaker Newt Gingrich, extending through the present time, with Speaker Nancy Pelosi, and continuing concurrently with their counterparts in the Senate, now, there is little attention given to following regular order.
Instead, a handful of partisan caucus leaders craft most important legislation, with little input from committee members and no opportunity for the opposing party to contribute ideas. When legislation does actually pass, this ad hoc process leads to imperfect laws passed along strict party lines (think Obamacare and the Trump tax cuts). More often than not, it just leads to gridlock.
By not following regular order, partisanship on Capitol Hill exacerbates because the minority party rightly feels that it is being cheated of a fair process. We are hopeful this can change and that the 117th Congress offers the best opportunity for a return to regular order.
This opportunity is driven by an urgent need. Our national debt has entered uncharted waters at $27 trillion dollars and rising. The COVID-19 pandemic and its health and economic consequences require immediate action. These two challenges and others demand that Congress act responsibly. Regular order can once again allow for that to happen.
The 2020 election has shown that we are close to becoming a 50-50 divided country. One party narrowly controls the House. The other party may narrowly control the Senate. Neither party has earned a mandate from voters. It seems the electorate, in its collective wisdom, made it clear that it wants both sides to work together, to compromise, and get things done. This can only be achieved by following regular order on Capitol Hill.
Certainly, this will not be easy to accomplish. There are small groups within each party’s caucus that do not seek compromise or progress on the challenges that face our nation. These factions want all or nothing. They would rather prevent action than meet the other side partway. These factions may be small in number, but they can exercise disproportionate influence when each party attempts to pass legislation strictly along party lines.
We, too, by identifying with the Blue Dog Democrat coalition, could be considered part of a factional group during our congressional tenure. However, our mission was to pull both parties closer to the political center to influence, not defeat, legislation. That experience animates our belief that a return to regular order is the only way to open the process up, to allow all voices to be heard and all options considered, including those representing factions. Then, lawmakers can return to getting things done, hopefully with bipartisan majorities in both chambers of Congress.
Our nation’s founders met and worked hard in the summer of 1787 to develop a Constitution that created the legislative, executive, and judiciary branches. They deliberately built checks and balances into our system. They intended to create a process that required compromise and accommodation.
In his farewell address, George Washington warned against the potentially divisive nature of factions. When the voters refuse to offer either party a mandate, as they clearly did this year, it seems obvious they are telling our leaders to rise above the factionalism that has led to legislative dysfunction in recent years.
Thomas Jefferson once observed, “Democracy is cumbersome, slow, and inefficient, but in due course, the voice of the people will be heard, and their latent wisdom will prevail.” In our view, if we are truly listening to the wisdom of people, then a return to regular order is the only way forward.
Charlie Stenholm served Texas in Congress from 1979 to 2005. Dave McCurdy served Oklahoma in Congress from 1981 to 1995. John Tanner served Tennessee in Congress from 1989 to 2011. Tim Penny served Minnesota in Congress from 1983 to 1995. All four former legislators currently serve on the Board of Directors of the Committee for a Responsible Federal Budget.
