Causes Q&A: Your Questions Answered - May 2021
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May turned into June this week, which means it’s time for us to dig into the monthly mailbag to answer some of your questions about bills and Congress! In keeping with the routine, you can submit questions for June that we’ll answer at the end of the month here, but in the meantime let’s dive into those questions (which may be edited or combined for clarity and length).
Why does one person have almost as much or more power than others in the Senate or House of Representatives to shut down progress. Why can’t there be a requirement that Congress has to review bills and vote on them? ― Jorjita56
- Hi Jorjita! The agenda in both the House and the Senate is controlled by the speaker and majority leader, respectively, except for a handful of cases. The leaders determine whether a bill or nomination reaches the floor for a vote, and when they add something to the schedule for a vote it’s usually because they either have the votes to advance it or want to score political points on the minority by forcing them to use the legislative filibuster in the case of the Senate.
- There are certain types of bills that have privileged status and are required to be considered on the floor regardless of whether the chamber’s leader supports it. Privileged status applies to disapproval resolutions under the Congressional Review Act, which allows Congress to overturn regulations with the president’s OK; it also applies to bills offered under the War Powers Resolution to require the withdrawal of U.S. military forces; and bills to block arms sales under the Arms Export Control Act.
- Beyond privileged legislation, both chambers of Congress have a process known as a “discharge petition” which allows a majority of lawmakers to bring a bill to the floor for a vote and bypass committees. A discharge petition is the legislative equivalent of the “Advance to GO, Collect $200” card in Monopoly.
- In the House, 218 members can sign a discharge petition to bring a bill to the floor against the leadership’s wishes. However, they rarely succeed, as most discharge petitions are offered by members of the party in the minority, and members of the majority typically don’t want to get on the bad side of their party’s leaders. Currently, there are four discharge petitions pending in the House.
- It’s a bit more challenging in the Senate, where the sign-off of 60 senators ― the amount needed to overcome the legislative filibuster ― is required for a discharge petition to succeed. The simple majority threshold applies for Senate discharge petitions that are related to nominations or to types of legislation that only require a simple majority vote (such as Congressional Review Act disapproval resolutions).
What are the rules for expelling a member of Congress when their behavior is unacceptable? When was the last time Congress voted on imposing term limits on themselves, and is there any plan to introduce similar legislation coming soon? ― Brian
- Good questions, Brian! In terms of expulsions in Congress, it’s ultimately up to the lawmakers in either chamber to determine whether one of their colleagues has done something worthy of expulsion. While members occasionally introduce resolutions to expel one of their colleagues ― in the current Congress expulsion resolutions target Reps. Marjorie Taylor Greene (R-GA) and Maxine Waters (D-CA) ― those rarely get a vote.
- The last member of Congress to be expelled was Rep. James Traficant (D-OH) in 2002 for illegal gratuity, conspiracy, obstruction of justice, defrauding the government, racketeering, and tax evasion after he used campaign funds for personal use (he later launched an unsuccessful run for Congress while serving a prison sentence).
- As far as term limits in Congress, the only vote in recent decades occurred during the 104th Congress in 1995, the House voted on a constitutional amendment to enact term limits which failed to get the two-thirds majority required on a 227-204 vote. The vote was largely along party-lines as most Republicans were in favor 189-40 and Democrats were mostly opposed 38-163.
- While there are a handful of term limit proposals that get introduced in each Congress, including the current Congress, there are no plans to vote on the matter in large part because it would require the enactment of a constitutional amendment to reverse a Supreme Court ruling, which a requires two-thirds supermajority support in both chambers plus ratification by 38 states. A 1995 Supreme Court case known as U.S. Term Limits, Inc. v. Thornton, which struck down term limits 23 states had imposed on members of Congress with a 5-4 ruling (current Justice Stephen Breyer was in the majority while Justice Clarence Thomas dissented).
Why are bills voted on before the citizens these people are supposed to be representing can even read it? ― John
- Hi John! Congress has internal rules that are designed to give the public time to read and digest legislation ahead of a vote, although they don’t always abide by them.
- In the House, there is what’s known as the 72-hour rule, which requires a committee report about a bill reported from committee to have been available for 72 hours before a vote. Usually, this is satisfied by posting the bill text, committee report, and other materials on the House Clerk’s website.
- However, the House can waive the 72-hour rule by considering bills under the fast-track “suspension of the rules” process which requires a two-thirds majority for passage; adopting a special rule that waives the 72-hour rule (also known as “same day authority” or “martial law” in the House); adopting a special rule that waives the one-day wait requirement for another special rule; and convening more than one legislative day on the same calendar day.
- The Senate doesn’t have a 72-hour rule and in some cases can pass bills the same day they’re brought to the floor if there is unanimous consent to waive procedural barriers, such as the cloture motion (aka the legislative filibuster). If there isn’t consent to waive cloture, the majority leader has to introduce a cloture motion on day 1, let it “ripen” and sit idle on day 2, before it can receive a vote on day 3 that requires 60 votes to limit further debate to no more than 30 hours. Sometimes more than one cloture motion is brought up during consideration of a bill, which can make for a lengthy debate.
When will you update Bills? I show only the one from April on the time change. Also, I’m not getting any notifications. Did something change on the last update? ― Lisa
- Hi Lisa! So it turns out there is a bug with the “Bills” page that’s impacting which bills show up and is excluding the numerous bills we’ve summarized from the congressional schedule that we featured in the feed in the “VOTES TODAY!” carousel.
- Our engineers are aware of the issue and aim to have it fixed soon, and once that’s done you’ll be able to see all the bills we’ve summarized from the current Congress on the “Bills” page.
- In the meantime, you can find the latest bills we’ve summarized in the feed and on the weekly This Week in Congress post. When you’re looking at the This Week in Congress schedule, the bills in the House that we’ve summarized are always at the top of the daily agenda.
- Regarding notifications, that may depend on the platform you’re using. If you’re an Android user like myself, there is a bug impacting those notifications that and it is on our radar. If you’re an Apple user on an iOS operating system, notifications should be working for you, and if you primarily use the website you should have the ability to receive browser notifications. If you read this and the above hasn’t helped your issue and you want help troubleshooting send me an email at ericr[at]countable.com and I’ll try to help!
- A closing note: you can find the June mailbag here, so feel free to ask more questions and we’ll try to address them next month!
— Eric Revell
(Photo Credit: Canva)
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Please tell me why we can not get bills passed through the senate when we have 51 to 50 majority?
From America’s Frontline Doctors: Cancel culture: I know you’ve seen it swirling around you in politics, entertainment, and education, but do you realize the implications of medical cancel culture may affect you most dangerously of all? A free society must consistently and staunchly oppose cancel culture in all its forms. As we know, silencing speech (Democratic Party) is the hallmark of communist regimes, not of free nations. The Constitution is neither right nor left. It is the middle ground between tyranny and anarchy. In recent years, gagging those who believe in the Constitution has become accepted, setting a course for a very dangerous destination of massive human repression by government, big tech, and mainstream media, the likes of which have only been witnessed in totalitarian dictatorships. Enter COVID-19. The past year has swept up our country in a frenzy of fear, misinformation, suspicion, division, and wholly un-American suppression of ideas and medical news. Justifying their attempts to clamp down on medical research and the free and honest flow of medical discovery by claiming to “protect you”, ideologues have tried to shut down any source that might call into question their official narrative. (Which changes frequently- but only the CDC is allowed to modify directives repeatedly and tell you what to think and when to think it- taking a page from Orwell’s Animal Farm.) Who is there to speak up for you when you can’t get accurate information about your own health, free of anyone’s political, financial, or ideological agenda? America’s Frontline Doctors are your warriors, that’s who. That is why we do what we do. We can’t sit down and we won't be silent. Medical cancel culture is the newest form of repression trotted out by the unholy trinity of big government, big media, and big tech, and someone’s got to take them on. WE THE PEOPLE NEED TO STAND STRONG against these Totalitarians!
Why, oh why is there nothing on this site about the elephant wearing a blue coat, Joe Manchin and his Op Ed....saying that he will neither support the voting protection act or getting rid of the filibuster?
Frank-001: I rend to agree with your observations regarding term limits, that institutional memory is indeed a good thing. It should be part of the acquired wisdom that guides the institution. On the other hand, it is also important that the institution must admit, embrace and accept younger members who are going to impacted tomorrow by the decisions of the day and often have closer ties to the people they represent and the real issues of the day, and are not trapped by conclusions based on what was instead of what is and what is coming. (In my younger days, as part of an enthusiastic group with new ideas, we were often told by by senior people that what we wanted to do was impossible, largely because in the past it may have been - but with the support of some enlightened management were encouraged to proceed and to succeed with some really great new things). I think that there are a few things that our country can do to both keep institutional memory and broaden the demographic makeup of the legislature generally and adding younger voices specifically. … … … Remove gerrymandered districting so that no politician has a unified constituency that does not represent a demographically balanced electorate pool. Gerrymandered districts allows legislators to pander to a captive, unchanging political ideology without ever having to consider the needs of the broader electorate - it gives them permission to govern for the benefit of their fixed homogenous constituency instead of honoring their oath of office to govern for the benefit of the entire country. This also gives them a pretty easy path to continued re-election without a whole lot of effort. … … … Secondly, and harder to do, is to rid our country of the use of willful disinformation as a political tool to dominate political opponents and to control the national narrative. This not only entrenches political leaders power to stay in office but is also extremely dangerous to the functioning of a viable democracy. I think a broad apolitical national program to teach the electorate ways to discern disinformation and address it’s dangers could help people who are making decisions and drawing conclusions based on the strong emotions of hate and fear instead of facts begin to see things more realistically. (This could also be packaging into cyber-security awareness in ways to protect yourself from giving up passwords or personal details to disingenuous email, websites or callers). … … … I would support a PAC to litigate the crap out of political news sites that intentionally mislead or do not do due diligence on ‘news’ stories can be shown to be willfully spreading disinformation. 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We need a better educated electorate that will not tolerate being lied to in these ways as the only ‘check’ on a political faction’s breech of ethics and public trust - and to keep aging dinosaurs that lead these breeches from staying in power just to retain the considerable perks that the Congress has also legislated for itself.
Even though there may be drawbacks of term limits, I still believe we need to make some kind of changes. I think there should be limits on money spent on campaigns, no dark money, less influence from Lobbyists, less recesses for our representatives and less time allowed to campaign. We just completed a presidential campaign and election, and it is starting already to elect congressional representatives. We are in constant campaigns and there is no time to breathe between elections! I believe other countries limit their time for campaigning.
Ask…Out Loud….where is there a photo of…so-called UFO that is clearly defined? There are other airplanes we see clearly, not ‘fogged-up’!!??
@jimK wrote: "Frank-001: I rend to agree with your observations regarding term limits, that institutional memory is indeed a good thing. It should be pa..." Read more here: https://www.causes.com/comments/1474676 You wrote some good stuff. I think an organization’s _leadership_ team must be cognizant of an organizations history _and_ be open to new ideas. In my experience the folks with institutional memory are not the ones opposing new ideas, it’s the lazy ones who are threatened that are the naysayers. However they can be dangerous. The leaders make the difference. I thrived under one type of leader and barely hung on during another. Your experience may differ of course. Still most strongly oppose term limits.
Manchin says he'll vote against For the People Act and digs in against eliminating filibuster We knew he was the ultimate jerk. No matter his antics he aint presidential’ material nor the seat he currently occupies. Better to have a gop jerk than a pseudo democrat. At least the lines will be better defined.
Term Limits: An Alternative Opinion I strongly oppose term limits. Consider that having term limits might make Congressmen and Senators even more useless and more corrupt. I. More Useless: A. As with any job, it takes time to get up to speed, probably at least two years. During which time, your Congressperson is already thinking about his or her next job if he or she isn't re-elected. B. Who is going to head responsible and complex committees, a wet behind the ears newbie? No thanks!! II. More Corrupt A. Don't think for a minute there will be any less dirty money, any fewer campaign contributions, etc. Think Quid Pro Quo on Steroids but with rapid turnover. Already lobbyists write legislation. With term limits, lobbyists will know more law and process than every "lawmaker." B. Parties will wield even more power than they already do. If you think party bosses are kingmakers, now imagine what will happen with musical legislative seats. C. As it stands now Red Stares are gerrymandered to remain Red, Blue to remain Blue. Little chance of getting a Federal Anti-Gerrymandering Law on the books. So even if we increase the churn, what chance is there to change votes that matter? Nil! Yeah, it might be a pessimistic view, but I see term limits as a very naive solution that few have addressed even the off-the-top-of-the-head issues someone like me can think of. Coming at it from another perspective. I have been at places of employment where the new person in charge decides to clean house. The cleansing removes all those with experience and institutional memory. Having kept my head down and stayed in technical positions, I escaped some purges. This enabled me to see firsthand the value of having people with experience and institutional memory. Do you know what happens next? Yep, things get worse, the board hires another cretin who does another purge. The downward spiral continues until a placeholder or a laissez-faire type is employed to create stability. Why should the political world be better, it'll likely be worse. For these reasons, at least, I'll oppose term limits without a good plan, including making the minimum requirements for holding office much tougher, mandating all holdings be placed in blind trusts, no outside employment, eliminating campaign contributions and ending Citizens United. Believe me, I get the motivation, its the means I have grave doubts about. Remember — for now we have Pelosi and McConnell. With term limits we'll get the Tazmanian Devil and Elmer Fudd or Bozo the Clown. And those characters are too high quality. In my opinion the real question given the political landscape how to we force anyone in office to act reasonably?
Why is the Unites States the only country where the leadership degrades and calls the citizens names? “Inherent racist” “Systemic racists”, a racist country, i don’t see or hear of any other country’s leadership calling their people names and degrading their nations.
I, personally, think 8 years is enough. Especially because of the caliber of idiots we see running these days. Think Hawley, Greene, Manchin and McCarthy, for example. Would you want these anti-democracy halfwits for 2-4 years, let alone 12? And Joe Manchin with his I want bipartisanship bullshit! He cares NOTHING for bipartisanship. All he cares about is getting his face on tv and all other media! FUCK Manchin! NOTHING BIDEN DOES WILL BE ACCEPTABLE TO HIM OR THE REPUBLICAN PARTY HE CHOOSES TO DEFEND! MOVE ON FROM HIM! HE, SO OBVIOUSLY, HAS NOTHING TO OFFER US! How many times does he have to prove this, before you believe it? He is just another McConnell, who hides under the term Democrat. Use reconciliation and be done with his theatrics, before it’s too late! We may NEVER HAVE THIS CHANCE AGAIN. DON’T let them continue to pretend there is something they will ever agree with. MCCONNELL meant what he said. Anyone with half a brain knows that. MOVE ON!
Oh, and Brian, to be clear, I would like it to be two four-year terms, not one eight year. 😊❤️. That ought to be an incentive to not f around while they are in office. No more of these long vacations every other month, or so they seem to be- if not more.
We must NEVER STOP TRYING, Brian! ❤️😊❤️ No matter what it may take. Our country is a beacon once again! We need to do whatever is necessary to shore up our RIGHTS AND OUR FREEDOM!
RE: Term Limits www.Termlimits.com You can also advocate for term limits by contacting your reps. Almost everyone agrees that the U.S. Congress is broken and that most of the dysfunction stems from people spending too much time in Washington D.C. listening to the lobbyists and special interest groups instead of their constituents back home. The time has arrived for us to finally put an end to the life-long career politicians in Congress and impose term limits on members of the U.S. House and Senate. An overwhelming 82% of the American voters support term limits for Congress, and we know that they will never propose the amendment themselves, which is why we need you to support the resolution in your state’s General Assembly allowing the state legislatures to propose the amendment instead.
@PattiZ, I'm glad we agree on something again. Congress will likely never pass term limits on their own, and we need them. I don't care which party they're from, nor their views on the Supreme Court, none of these people in Washington should be able to determine our lives for decades without care for what their constituents say. 12 years maximum for all members of Congress and Supreme Court justices. Anything more is damaging to our democracy.
@Glowurm, you're probably right, but then we need to change Senate terms, which are 6 years. That's two different amendments, which is even tougher!
I like too know why there is not a cross the board coast of living pay increase and all companies. I work in the air cargo and never in a year and a half years got a pay increase, but they just announced a two dollar pay increase that still puts my pay below a person just hired for the same job? We need better laws to keep wages fair, workers are not having to pay for healthcare in some companies for themselves? Employers should be covering the employee and giving a discount on family coverage, this should be for full and part time. It should not be based on merit or hours reached.