The House of Representatives is failing American democracy

As I wrote in a chapter of Under the Iron Dome, a recently published anthology, members of the House now mainly represent their party and its platform rather than their constituents’ diverse views. Through changes in the rules, members have relinquished much of their individual power and disempowered committees in order to give their party leaders the ability to shape legislation for the purpose of pursuing the party’s goals. In formulating legislation, party leaders cater to interest groups, activists, and donors aligned with the party to build electoral support. These supporters tend to be further toward the ideological extremes. Little to no effort is expended to pick up votes from the other party in the legislative process. This may be a reasonable way to legislate in a single-chamber parliamentary system, but the House is only one half of one branch in the American lawmaking process.

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The problem with the House legislating in this manner is compounded by the prevalence of divided government, where control of the White House, the House, and the Senate is split between the parties. Divided government has occurred more than 30 out of the past 41 years, or 40 out of 41 when considering the need for 60 votes in the Senate to overcome a filibuster. During these periods, only bipartisan bills can become law, and partisan House legislating only contributes to gridlock. Sometimes, however, a consensus emerges that legislation must be passed to address a particular issue. When this has occurred in the past decade, the necessary bipartisan compromise bill has been written in the Senate and passed without changes by the House. This happened in October 2013 and January 2018, when Republicans controlled the House and a compromise was needed to end a government shutdown. But it also happens when the House is in Democratic hands. In 2019, when there was a humanitarian crisis at the southern border, a bipartisan bill produced in the Republican Senate became law, because the bill passed by House Democrats could not pass in the Senate.

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