The idea of civility in Congress right now seems anathema to daily business. C-Span used to be boring because it carried solid debates; now it looks like old episodes of The Jerry Springer Show.
But, as Rep. Tom Graves, has said, there is “a bright spot … a little place of refuge for folks to store and to bank and to offer input of ideas of how to make this place work better.” (Click here for a repository of reform ideas from the Congressional Institute.)
That bright spot is the House Select Committee on the Modernization of Congress. Rep. Graves co-chairs the panel with Democrat Rep. Derek Kilmer. It’s a bipartisan committee that is looking at reforms to make the U.S. House operate better – better resources for Members and staff, updated technology and modernizing various procedural and office functions, increased transparency, and developing a more professional environment.
The Congressional Institute has long advocated for reforms to make Congress more effectively that will also restore civility to the House and Senate. Here’s what Institute President Mark Strand wrote for Washington Monthly in 2016 – it remains as relevant today is it did then:
As we have seen incivility increase, the government has become less effective, and the country’s governing processes have become more restrictive. In the House, majority parties have increasingly relied on ‘closed rules’ for debating legislation on the floor. This is a procedure where the majority party votes to limit what amendments, if any, might be offered to a bill. Excessive and routine use of closed rules disenfranchise members of the political minority, who are unable to offer amendments supported by their constituents. As a result, their only option is to obstruct the process to inflict some pain on the majority for depriving them of their legislative prerogatives.
And the Senate – which had been famously known as the ‘World’s Greatest Deliberative Body’ – was reduced in the last Congress to becoming the least productive legislative body in history. According to Senator John Barasso (R-WY), during a one-year period in 2014, the Senate voted on only 19 amendments out of 1,952 introduced – about one percent. This was the direct result of tactical procedural motions from the Majority Leader designed to prevent any difficulties for the fragile Senate majority (It didn’t work).
To reduce incivility, Congress should reopen the legislative process to allow greater participation by Members, both in the majority and in the minority. Opening up the legislative process will restore civility by focusing the debate on policy issues instead of on power plays and obstruction. Of course there will be vigorous debate and tough votes. But there will also be bipartisan majorities where interests intersect. Occasionally, a Member in the minority will attract enough votes of those in the majority to successfully pass an amendment. This is good for the minority, and even better for the majority. By allowing full participation by the minority in the legislative process, the majority gives them a stake in the successful passage of the overall bill. It is much easier to win a confrontation with the president when a bill is passed by a bipartisan majority.
In December, the Modernization Committee passed 16 recommendations aimed at encouraging civility and bipartisanship, streamlining House processes, and improving the quality of constituent communication. These are laudable goals, but perhaps the most important aspect is that, again, the committee passed the recommendations unanimously. That is a testament to the hard work Chairman Kilmer and Ranking Member Graves have done along with the other 10 Members, holding numerous conversations between themselves and colleagues, and being committed to a bipartisan process. Among the recommendations:
- Create a bipartisan Members-only space in the Capitol to encourage more collaboration across party lines;
- Update committee policies to increase bipartisan learning opportunities for staff;
- Update House procedures to allow members to electronically add or remove their name as a bill cosponsor;
- Encourage House-wide bulk purchasing of goods and services to cut back on waste and inefficiency;
- Consolidate the regulations governing Member office communications, including digital communications, into one easy to find place; and
- Update House social media rules to allow for better communication online between Members of Congress and their followers.
It was exciting to watch the committee work last year, and we are eager to see what they accomplish this year. The Congressional Institute would encourage committee members to use the work of the 2018 Joint Committee on Budget and Appropriations Process Reforms that unfortunately ended its work without issuing any legislative fixes after devolving into partisan strife. Here’s more from Strand’s oped on civility and how meaningful fixes to some congressional operations can open up the legislative process:
To reduce incivility, Congress should reopen the legislative process to allow greater participation by Members, both in the majority and in the minority. Opening up the legislative process will restore civility by focusing the debate on policy issues instead of on power plays and obstruction. Of course there will be vigorous debate and tough votes. But there will also be bipartisan majorities where interests intersect. Occasionally, a Member in the minority will attract enough votes of those in the majority to successfully pass an amendment. This is good for the minority, and even better for the majority. By allowing full participation by the minority in the legislative process, the majority gives them a stake in the successful passage of the overall bill. It is much easier to win a confrontation with the president when a bill is passed by a bipartisan majority.
More opportunities to participate will also mean that individual members in the minority party will not have to see the rules and procedures of the legislature as existential threats that make them incapable of adequately representing their constituents in committees and on the floor of Congress. Restoring an open process makes Senators and Members of the House legislators again, not merely observers who vote on whatever deal is agreed to by their leadership.