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Home , Discharge petition, Hastert Rule, Markup (legislation), Nicholas Longworth, Recess (break), Repeal

A NO LABELS CAMPAIGN TO BREAK THE RULES AND FIX OUR CONGRESS Introducing the Project

It’s right there in the first three articles When current House Speaker of the U.S. . The legislative branch—along with the executive announced his and judiciary—is a coequal branch of retirement on April 11, 2018, government. after just three years in the That means the speaker of the House holds role, it created a once-in-a- a position every bit as consequential as the president of the . And yet the generation opportunity for the American people have little influence over American people to change who gets this position, how they get it, and how speakers get elected and how they do the job. how our Congress operates day in and day out. The Speaker It’s time for that to change. Project—a campaign led by No Labels—was launched to ensure America seizes this opportunity.

Success will require citizens across the country rising up and telling their elected officials that this matters; that their vote in the November 2018 elections will be won or lost based on a candidate’s support for The Speaker Project.

If we succeed, it can radically change how Washington works and create an opening for bipartisan solutions to problems that have festered for years.

THE CONTEXT THE SPEAKER PROJECT BEGINS WITH THE PREMISE THAT NO REAL CHANGE WILL COME TO WASHINGTON UNTIL CONGRESSIONAL RULES ARE CHANGED IN A WAY THAT FORCES THE BODY TO BE AA HouseHouse RESPONSIVE TO THE WILL OF THE AMERICAN PEOPLE.

When this happens, bipartisan ideas almost The Speaker Project offers solutions to all these always die. Speakers are forced to appease problems. And it is no pipe dream. Members of Divided and their ideological fringes rather than edge Congress can change the procedural rules that Divided and toward the political center, where broadly govern the House at the start of each session supported, workable solutions are usually and they often do. In fact, a small bipartisan found. group of lawmakers could exert tremendous leverage by conditioning their January 2019 THE PROPOSALS IN THE vote for the next House speaker on these inin DisarrayDisarray rule changes being made. This has happened SPEAKER PROJECT WOULD before in Congress. No Labels believes it must CHANGE THESE OUTDATED happen again. Sometimes, the only way out RULES AND TRADITIONS. These rule changes may seem abstract and of an impossible mess is to One change would require would-be House arcane. They are! And changing the House speakers to gain at least some support from rules may not seem like the kind of rallying both parties in the speaker election that cry that makes people want to march in the break the rules. occurs at the outset of each new Congress, a streets. But it should. radical break from current practice. Many critical issues you care about—deficits Another would eliminate a single House and entitlements, and criminal justice, on policy solutions the American people care AND THERE ARE FEW BIGGER member’s ability to precipitate a career-killing immigration and border security, schools, about and, often, agree on: from immigration MESSES THAN WHAT IS— vote of no confidence (a “motion to vacate”) infrastructure—won’t be fixed until we change and border security to gun safety, health care against the speaker. The mere threat of this these rules. AND IS NOT—HAPPENING reform and infrastructure. maneuver has caused speakers to shy away IN OUR CONGRESS. from working with a president or lawmakers The Speaker Project campaign won’t be easy There are many policy proposals that are from the other party. and the members of Congress who support Congress is a mess of contradictions. In some supported by 60 or even 70 percent of all it will be taking significant political risk. cases, the speaker of the House has too much House members and yet will never come up for Rules that empower a narrow fringe are These rules changes are a major threat to the power, with almost unlimited latitude to set a vote. probably the most serious procedural problem entrenched interests who like the status quo the and shape legislation. in the House. But they are not the only ones. just fine. If you think this sounds crazy and blatantly Some rules conspire to shut out the minority Once-powerful and rank-and-file undemocratic, you’re right. party from policymaking and legislating. But there is no other choice. To fix our members are relegated to bystanders, along Some well-meaning rules designed to improve Congress—and save our country—we need to for whatever ride the speaker wants to take The House is governed by a web of rules and congressional ethics and effectiveness have break some rules. them on. procedures that concentrate too much power ended up having the opposite effect. The in the wrong places, be it the speaker’s office House could also use a few new rules to In other cases speakers have too little power, or small, highly ideological factions that hold promote transparency and accountability. hamstrung by extremists in their own party the rest of Congress hostage. Here is how we do it. who manipulate the rules to prevent action

6 THE CONTEXT | 7 PUBLIC SUPPORT 61% say “keep and improve the 61% Affordable Care Act” instead of “ and replace.”(ABC News/ The Problem Washington Post Poll, April 2017)

Solvers Caucus had the public 79% support making significant 79% new infrastructure investments on their side too, along with streamlining the permitting and approval process Bipartisan to get projects built faster. with several public (Harvard-Harris Poll, February 2018) polls endorsing the general approach 63% support a “congressional 63% deal that gives undocumented Ideas Have proposed by the immigrants brought here by their parents [“Dreamers”] work Caucus. permits and a path to citizenship in exchange for increasing merit preference over preference for relatives, eliminating the diversity No Chance visa lottery, and funding barrier security on the U.S.-Mexico border.”(Harvard-Harris Poll, February 2018)

81% support banning “bump 81% stock” devices that allow some firearms to function as machine guns. (Harvard-Harris Poll, March 2018) During the past year, the 48-member House Problem Solvers Caucus—featuring 24 Democrats and 24 Republicans—released or endorsed ambitious bipartisan proposals on: Despite the support of the bipartisan Problem Solvers Caucus—and the public—none of these HEALTH CARE REFORM • INFRASTRUCTURE proposals ever made it TO the House for a vote. IMMIGRATION & BORDER SECURITY • GUN SAFETY

8 BIPARTISAN IDEAS HAVE NO CHANCE | 9 When the Doesn’t Rule 2006 IMMIGRATION REFORM DEBACLE

As No Labels co-founder Bill Galston wrote in 2017, “America’s continuing failure to reform its immigration policy has poisoned our politics, and long-established policies require updating to “The job of speaker,” he said, “is not to meet the needs of today’s economy and society.” expedite legislation that runs counter to the It all comes back to wishes of the majority of his majority.”

This “majority of the majority” principle is the rules.

Congress had such an opportunity in 2006, The legislation was more contentious in the often called “the ,” and it has but they blew it. And the story of how provides House, but it appeared poised to pass there, come to haunt the halls of Congress in the SEVERAL DIFFERENT HOUSE RULES—LIKE a singular example of how a small minority in too, with strong support from Democrats and years since. Although it’s not an official rule, THE “MOTION TO VACATE” EXPLORED ON Congress can thwart progress. a substantial number (but not the majority) of it has guided the House for most of the last PAGE 22—TOGETHER CONSPIRE TO KEEP Republicans. decade and left speakers beholden to narrow In May 2006, a Republican-led factions of their party, not the full House. Of THE SPEAKER ON A TIGHT LEASH, UNDER overwhelmingly passed the bipartisan But then-House Speaker course, it begs the question: If the Hastert CONSTANT THREAT OF LOSING THE JOB Comprehensive Immigration Reform Act of announced he would not let the Senate bill, or Rule isn’t really a rule—and speakers often IF HE OR SHE CROSSES THE BASE OF THE 2006. a similar version, reach a House vote because chafe under it—why doesn’t the current most Republicans there opposed it. speaker, and the next one, ignore it? PARTY…OR REACHES ACROSS THE AISLE.

10 WHEN THE MAJORITY DOESN'T RULE | 11 Progressive

Republicans Longworth scoffed. He declared that GOP leaders “would make no concessions to any Here’s what happened. organized group,” and predicted that the progressives’ unity would quickly melt away. Republicans lost some House seats in the 1922 elections, but still held a 225-210 The insurgents’ leader, John Nelson of Rise in 1923 Wisconsin, warned his colleagues of the advantage over Democrats and a few third- party allies. The Republicans chose Frederick intense pressure they would face. “All real In 1923, Nicholas Longworth was no one to When Longworth announced that he and other Gillett to be speaker, and Longworth (a future progressives will be put to the acid test,” he trifle with. The congressman, Harvard party leaders would ignore a rebellious group speaker himself) as majority leader. said. graduate and son-in-law of of “Progressive Republicans” who demanded was leader of the Republican caucus that congressional reforms, most people figured Congress took long breaks back then, so The first ballot for speaker was held on controlled the U.S. House. Congress would that was that. the new House didn’t convene until early December 3. The progressives stuck together, eventually name a major office building for December of 1923—more than a year after and Gillett fell short of the needed votes. him. They were wrong. the previous election. As members gathered Another ballot yielded the same results. And in Washington, a group of nearly two dozen so it went, for nine ballots over three days. THE STORY OF THE 1923 PROGRESSIVES’ “Progressive Republicans” were demanding The “Regular Republicans,” led by Gillett INSURRECTION ILLUSTRATES THE more attention to farmers’ problems and various changes to House rules. and Longworth, vastly outnumbered the POWERFUL LEVERAGE THAT A SMALL “Progressives,” but they couldn’t prevail NUMBER OF DETERMINED REFORMERS These included a ban on “pocket vetoes” by until they made concessions to the rebels. Eventually, Longworth agreed to their CAN EXERT IF THEY STICK TOGETHER. the Rules chairman; looser rules for forcing bottled-up measures to the House demands for a full on the rules, and THE HOUSE RULES AND TRADITIONS floor; and looser “germaneness” restrictions on he placed Nelson on the powerful Rules THAT THEY USED TO GAIN INFLUENCE amendments to revenue bills. Committee. The progressives eventually won their battles regarding pocket vetoes, THEN STILL EXIST TODAY AND CAN BE reported at the time that “germaneness” rules, and forcing bills to the EMPLOYED IN THE SAME MANNER FOR the progressives “formulated an elaborate House floor. SIMILAR PURPOSES. platform, and say they will not permit the election of a Speaker or the organization of the DAVID FELLED GOLIATH. IN A NARROWLY House until their demands have been met.” DIVIDED HOUSE—LIKE THE ONE IN 1923 Their strategy was no secret. For as long as (AND QUITE LIKELY IN 2019)—A SMALL, it took, they would withhold their votes for RESILIENT GROUP CAN EXERT ENORMOUS Gillett, preventing him from becoming speaker POWER. and getting the new House underway.

PROGRESSIVE REPUBLICANS RISE IN 1923 | 13 How At each step, some bold members of Congress can exert Change leverage—conditioning their support for leaders on their support for rules changes in late 2018, and if necessary, withholding their votes for speaker and the rules package Could in January 2019 until they get what they want.

The first day of a new Congress, which next two years. The outcomes may seem pre- Happen occurs every two years, is unusually festive. ordained thanks to the previous November’s Children frolic in the normally fusty House election results, but they are not. Lawmakers chamber, tugging at their Sunday-best decide both questions by on the House ribbons and neckties, and posing for photos floor, and a majority of everyone “present with their newly elected moms or granddads. and voting” determines the results. Congressional reporters wander in and out of press galleries, glad to see their beat return Democrats and Republicans face heavy to life after a sleepy December. pressure to follow their party leaders’ directions. But no one can make them Soon the children leave for lunch and the do so, and those who are bold enough to House gets down to business. Following take a stand for their constituents and the time-honored rituals, lawmakers buzz American public could force these leaders through a list of items that generally draw to make dramatic changes that would give little public notice because, like so many THe three big “leverage points” congressional actions, they’re predictable bipartisan ideas a fighting chance, and break and dull. But this moment presents a the stranglehold of hyperpartisanship. remarkable opportunity for a handful of reform-minded members to jolt the sclerotic In late 2018, each party will choose their respective House out of its torpor and, just possibly, HerE's how it could restore Congress’ ability to tackle America’s party leaders, and in January 2019, the whole House toughest problems. happen. will vote for the speaker and for the rules package that Two first-day tasks stand out: electing a new House speaker and adopting a package will guide how business is done in the House. of rules to guide House procedures for the

14 HOW CHANGE COULD HAPPEN | 15 When a new House convenes in early January of each odd-numbered year, it initially has no speaker and no official members. (They JANUARY 2019 will take the oath of office later that day.) In As the numbers show, it can require only a the opening hour, the House —hardly a handful of majority-party holdouts to force household name—presides over the chamber. their party leaders to address concerns about House practices and dysfunction. Suppose, in The first task is to elect a speaker. The clerk January 2019, the new House is divided 222 leverage points calls on a designated leader of each party to to 213 between the parties. If all members vote place someone’s name into . There on opening day, a mere five members of the are no surprises, because these decisions majority party could prevent their nominee were made weeks earlier in closed “caucus” from being elected, by casting their votes for meetings of the recently elected Democrats someone else. This would force ballot after and Republicans. Each party nominates its ballot—with the House clerk presiding— NOVEMBER 2018 leader to be speaker, and the clerk calls the while party leaders try to negotiate with the roll. Unlike virtually all other recorded House holdouts. ELECTING LEADERSHIP votes, the speaker election has a little color and is painstakingly slow. The 435 members A dramatic floor fight over the speaker election Both Democrats and Republicans will meet separately in closed party stand when their names are called, in or a rules package isn’t the preferred option. caucus meetings to choose their respective leaders for the coming alphabetical order, and announce their choice. It would be contentious and controversial. Congress. Rank-and-file members can condition their support for party And ideally, speaker candidates could be persuaded to support rules reforms in leaders on their willingness to change House rules. advance. This is the carrot option. But the NOVEMBER 2018 stick is available as a last resort and it has been used before, as we saw with the In recent years, a few rebels in both parties Progressive Republicans in 1923. have made noise by refusing to toe the leadership’s line. They voted for a rank-and- The speaker election is one chokepoint where file House member, a military leader or some insurgent reformers could make a stand and January 2019 other person to register a grudge that might be exert tremendous leverage over the House’s personal, political or publicly unclear. This has future. Alternatively, they could wait an hour HOUSE SPEAKER ELECTION RULES PACKAGE VOTE caused Republican and Democratic leaders or so and act as a group to bar passage of a some embarrassment, but it has never kept rules package, forcing party leaders to the On the first day of the new Congress, the After the speaker election is completed, the the majority party’s nominee from eventually negotiating table. House will have its speaker election. To House votes on the formal rules package. prevailing. become speaker, a nominee must win the If rank-and-file House members are unable Just as the majority House party meets in majority of votes cast that day and rank-and- A nominee must win a majority of the votes private after a national election to choose its to get the rules changes they want in their Both Democrats and Republicans will meet cast that day. If all 435 House members are leaders, including the speaker nominee, it file members can condition their support for party caucus meetings in November, or in the separately in closed party caucus meetings to present and voting, that requires at least 218 also hammers out a proposed rules package. the speaker on a nominee’s willingness to choose their respective leaders for the coming speaker election, this rules package vote is votes. But if, say, two seats are vacant because If everything goes as usual on the first Congress. change the House rules. If no nominee wins their last chance to do so. of contested elections, and two members are day of Congress, the majority’s package is a majority of votes on the first try, it would sick back home, then 431 votes are cast and adopted for the same reasons its choice for Rank-and-file members can condition their the minimum for election is 216. speaker is elected. A bloc of reform-minded force ballot after ballot—with the House clerk support for party leaders on their willingness lawmakers could interrupt either process presiding—while party leaders try to negotiate to change House rules. by casting protest votes until their concerns with the holdouts. are addressed. These reformers could insist on rules changes outlined in this book, all of which would make the House more receptive to bipartisan ideas and democratic norms. 16 HOW CHANGE COULD HAPPEN | 17

ANDSOLUTIONS problem Unfortunately, House rules often force a speaker to cater (some would say Two rules in particular The Inmates grovel) to a small faction on make it fairly easy for the ideological fringes of his ideological factions to or her party to retain power. threaten a speaker who Run the Asylum This makes the speaker doesn’t do their bidding. far less likely to entertain It’s no sin for powerful politicians bipartisan ideas or edge to want to hang on to power—the toward the political center. question is, what must they do to achieve that?

20 21 solution

If the demand isn’t withdrawn and the vote He represented a faction of conservatives who is scheduled, then a simple majority of those potentially could oust Boehner by withholding “present and voting” can oust the speaker, their support in a no-confidence vote on the immediately. House floor. This would allow Democrats—who can’t be expected to back any Republican for The mere threat of such a vote puts speaker under the current rules—to produce Vacate the tremendous pressure on a speaker to halt enough votes to remove him. any bipartisan coalition-building efforts and placate the rebellious group. Boehner got the message and soon resigned, before a no-confidence vote could take place. This happened to Republican Speaker John The “motion to vacate” wasn’t the only factor Boehner in 2015. (Among the gripes leveled at in his decision, but Boehner’s successor—Paul him: He tried to negotiate a “grand bargain” on Ryan of Wisconsin—initially said he wouldn’t taxes and spending with Democratic President accept the speakership without changes to the Motion to Barack Obama). rule. A second-term Republican from North Ryan was speaker less than three years before Carolina, Mark Meadows filed an unexpected announcing he would follow Boehner into “motion to vacate the chair” just before retirement at the end of 2018. Vacate Congress left for summer in July 2015. proposed The next Congress should significantly revise The “motion to vacate the chair” is a the “Motion to Vacate” rule. The motion should rule that allows any House member to be allowed only when a party’s full caucus votes demand a no-confidence vote of the to file it or when serious ethical allegations have speaker by the full House. been lodged against the speaker.

22 THE INMATES RUN THE ASYLUM | 23 solution

The majority party, no matter how slim its When a speaker can afford to lose support numerical edge, traditionally picks the new from only a few party members before his or speaker, with zero help from the opposition. her power structure collapses, then minority factions within his or her own party have a In short, while the top leader in Congress is significant leverage. This makes it easy for technically “speaker of the House,” he or she strongly ideological factions to force speakers often functions as a majority leader, catering to focus on their demands and ignore the almost exclusively to the majority party’s opposition party, even if that party holds, say, Bipartisan wishes and ignoring the minority party. 49 percent of the chamber’s 435 seats. proposed The next Congress should change the rules for speaker electing a speaker. The new minimum number of votes required should equal the majority party’s total membership plus five.

For example: If the majority party has 225 If a would-be speaker has to receive even The House elects its speaker on the first members, a speaker nominee must receive a few opposition party members’ votes, it at least 230 votes. Theoretically, this could will weaken the leverage of the ideological day of each new Congress. The election require a speaker to win support from only fringes. Whenever a hardcore member five opposition party members. But in recent says, “I won’t vote for you because you’re requires a simple majority of the full years, several House Republicans and too accommodating,” it forces the speaker- Democrats have refused to back their party’s nominee to find yet another vote from the chamber, and each party nominates its nominee, so it’s quite possible that a would- opposition party. People will soon learn that be speaker would have to win the backing of this new rule works for and leader for the post. numerous minority party members. against extremism.

24 THE INMATES RUN THE ASYLUM | 25 problem

In recent years, Congress has passed historic Part of the problem is that the division of real far-reaching legislation with no votes and power in Congress is disproportionate to the sometimes no input from the opposition party. choices America’s voters make. For instance, Minority Party In 2010, a Democratic-controlled Congress in 2018, Republicans held 69 percent of seats passed the Affordable Care Act with nary a on the powerful Rules Committee—which has Republican vote. And in 2017, the Republican- almost complete control over what happens on controlled Congress passed the Tax Cuts and the House floor—even though they held only Might As Well Jobs Act with no Democrats. 55 percent of the total House seats. Stay Home Which bills a committee will consider, who will testify, and who will write reports on the House rules allow the majority party to House rules and full committee findings. completely dominate action and decisions at practices give Which bills can reach the House floor for virtually every level, even if that party holds a the majority party votes and who can offer amendments. narrow numerical edge over the other party. nearly total control Which House members will have a meaningful voice in trying to reconcile differences in when deciding: Senate and House bills on a given topic. (This work is done in “conference committees.”)

In many instances, a party that holds 49 percent of the House’s 435 seats may as well have zero.

MINORITY PARTY MIGHT AS WELL STAY HOME | 27 solutionS Fair Notice REPRESENTATION for All Bills on Rules Committee The majority party often the House schedule by giving the minority Give the minority party fair representation on committees. members and staffs too little time to prepare for important committee Require party ratios on all committees (including Rules) to meetings. The next Congress should require a minimum of a 5-business day equal the party ratio of the entire House. notice of a committee “” (in which legislation is debated, amended and either sidelined or sent to the full House) unless the committee’s top Democrat and Republican agree to a different schedule.

An Opening for Amendments Reduce the number of “closed rules” on proposed legislation. (A closed rule denies the minority party a chance to offer amendments on the House floor.) To do this, require a three-fifths to approve a “fully closed” rule that allows no amendments.

28 MINORITY PARTY MIGHT AS WELL STAY HOME | 29 problem

No Accountability. One particularly egregious No Consequences. example stands out. The most basic responsibility Congress has measures called continuing resolutions, which Here is a simple idea most every American is deciding how much money the government provide the money federal agencies need to takes in and how much it spends. But operate based roughly on what they spent the understands: If you don’t come to work—if you Congress rarely ever passes a budget on time, previous year. What continuing resolutions or at all. don’t provide is any chance for Congress to don’t do your job—there will be consequences. debate the most fundamental question of all: Congress has failed to pass a formal budget But not in Congress. resolution in six of the last seven fiscal years. Why are we spending this money? The upshot is more wasteful and inefficient government. When Congress fails to pass a Congress spends and asks questions later budget—and the subsequent spending bills— when it should instead be spending only after on time, it relies on temporary spending figuring out what goals it’s trying to achieve.

CONSIDERING THAT THE CONGRESSIONAL BUDGET OFFICE PREDICTS THE U.S. FISCAL DEFICIT WILL EXCEED $1 TRILLION BY 2020, THIS JUST ISN’T ACCEPTABLE.

NO ACCOUNTABILITY, NO CONSEQUENCES | 31 solutionS Annual Fiscal Report

No Budget One of the chief obstacles to fixing America's many Washington officials "use statistics as finances is that no one seems to agree what's a drunken man uses lampposts—for support really on our balance sheet. When leaders rather than for illumination." in Washington debate our budget, they routinely use different baselines, projections The American people deserve to know what's No Pay and assumptions, which often conveniently really happening with our nation's finances, support whatever policy they are pushing at and we believe Congress should at least be the moment. To quote an old Scottish writer, able to work from the same set of numbers. Every government fiscal year begins October 1. If the congressional appropriations (spending) process is not completed by that date, congressional pay ceases as of October 1 and isn’t restored until appropriations are completed. The No Budget, No Pay Act was signed into law in 2013 but it expired at the end of the 2013-2014 session of Congress. It should be resurrected in the next session. proposed

Each year, the Comptroller General should make a televised update on the nation’s finances before a joint session of proposed Congress. The president, vice president, cabinet members and members of Congress must acknowledge the report by signing If Congress can’t make budget and spending decisions on time, it just as CEOs must affirm the accuracy of their company’s members shouldn’t get paid. financial reporting.

32 NO ACCOUNTABILITY, NO CONSEQUENCES | 33 problem FOR INSTANCE, IN THE PAST 20 YEARS, CONGRESS HAS FAILED TO PASS MORE THAN A THIRD OF THE DOZEN APPROPRIATIONS BILLS THAT IT IS SUPPOSED TO COMPLETE EACH YEAR BY THE END OF ITS FISCAL YEAR.

House Speaker Paul Ryan calls the budgeting But some lawmakers and lobbyists abused the and appropriations process “irreparably earmark system, culminating in the proposed broken.” “bridge to nowhere,” a $223 million bridge project that would have connected a small Good Government As for tougher challenges, such as overhauling Alaskan city to an island with a population of the nation’s deeply troubled immigration 50 people. This proved a bridge too far. Amid system or securing Medicare and Social public outcries, Congress banned earmarks in Security for the long-term, forget it. Effort after 2011. effort has gone nowhere, leaving us with a Reforms made status quo that satisfies almost no one. Since then, a number of lawmakers, academics and advocates have called for Many factors contribute to this gridlock and restoring earmarks under tight reforms, dysfunction. A key one is that congressional including divulging the ’s name and government worse leaders don’t have enough tools to persuade publishing details for public scrutiny. They rank-and-file members to make concessions note that earmarks don’t increase overall and agree to negotiated solutions that can federal spending. Instead, they let Congress pass the House and Senate. When reluctant rather than the executive branch decide where lawmakers ask, “What’s in it for me and a small portion of funds, already appropriated, With each passing year, my constituents?” the leaders often lack should be spent. And they give legislative persuasive answers. It wasn’t always that way, leaders a tool for building support for difficult Congress does less and and it can change. bills.

less. Even once-routine Until 2011, lawmakers could add a limited Earmarks are often decried as “pork barrel” number of targeted spending items to must- spending. But some pork-barreling has been actions have become nearly pass bills. These “earmarks” typically directed important to American governance since the federal funding for a local bridge, museum or very start. Consider the 1790 compromise, impossible. other project popular with voters back home. essential to the young republic’s early These sweeteners made it easier for rank-and- progress. Alexander Hamilton prevailed in file members to cast tough votes on unpopular having the national government assume but necessary issues, such as raising the debt responsibility for states’ debts, and in return, ceiling. Thomas Jefferson and James Madison of Virginia obtained the national capital (the District of Columbia) for the South.

GOOD GOVERNMENT REFORMS MADE GOVERNMENT WORSE | 35 solution

Give Members of Congress a proposed Give lawmakers reasonable tools to secure support Reason to for important bills. Restore the ability to include open allocation of funds to identified projects (a form of earmarks) in appropriations bills, provided Get to "yes" the sponsors are publicly identified.

36 GOOD GOVERNMENT REFORMS MADE GOVERNMENT WORSE | 37 problem No could possibly understand or oversee everything the government does. So committees divvy up "Regular Order" responsibility, allowing members to develop expertise in certain areas and report out legislation in their area (e.g. transportation, Committees judiciary, agriculture, etc.) for consideration The 1986 tax overhaul is a great example of by the whole Congress. solid, comprehensive legislation that came from a diligent and bipartisan process of “regular But today’s committees are too weak and order.” The year-long endeavor involved complacent. Most have largely shirked their repeated negotiations between Republican traditional role of hiring top-rate staffers and President , a GOP-controlled Get Cut Out of digging deeply into national problems, then Senate and a Democratic-controlled House. seeking feasible solutions through rigorous The House Ways and Means Committee held debate and amendments. 26 days of markups and 36 hearings, including testimony from more than 450 experts and Instead, major pieces of legislation often witnesses. the Legislative come directly from the leadership’s office to the Rules Committee and then to the House The new law simplified the tax code, broadened floor, bypassing the jurisdictional committees. the tax base and eliminated many tax shelters. Lost in the process are the many hours called it “a prime example of knowledge-based scrutiny and expert of how the American system of government gets Process testimony that important bills deserve. things done.” Congress has committees for a reason. MORE WORRISOME IS THE SHIFT OF POWER TO “Regular order” means different things to The federal government is the biggest A SMALL GROUP OF PARTY LEADERS AND AWAY different people. But it is mostly understood as the array of rules, procedures and customs FROM RANK-AND-FILE HOUSE MEMBERS AND organization in the country, with that enable Congress to assess problems and THE COMMITTEES THAT ONCE HANDLED MUCH solutions in a deliberate and orderly fashion. a budget of over $4 trillion, almost OF CONGRESS’ IMPORTANT, NITTY-GRITTY Good policy solutions are more likely to be WORK. found when Congress and its committees 3 million employees, and over invest the time to gather information; consult with experts and various stakeholders who will 400 departments, agencies, be impacted by legislative changes; and hold a robust and open debate between and within the and sub-agencies. political parties. That’s the way it should work and often did through much of U.S. history. But “regular order” is a bygone relic in today’s Congress.

38 COMMITTEES GET CUT OUT OF THE LEGISLATIVE PROCESS | 39 solution

Among other things, this would entail:

Return to Meeting deadlines for completing all regular appropriations bills.

Having major legislation debated and crafted in regular appropriate committees, not leaders’ offices. Appointing meaningful “conference committees” (tasked to reconcile differences between House and Senate bills on a given topic) in which members order from both parties are empowered to discuss issues and hammer out solutions.

Phasing out the funding of unauthorized programs.

COMMITTEES GET CUT OUT OF THE LEGISLATIVE PROCESS | 41 problem

In recent years, power in Congress has resided in two places: the speaker’s office and among the Rank-and-File small, ideological factions who are willing to is Along for hardball to get what they want. MANY MEMBERS OF CONGRESS ARE ALONG FOR THE RIDE.

the Ride Rank-and-file members do have a little- punish colleagues who defy them. And so used but very powerful option to exert their members are reluctant to challenge a speaker influence. It’s called a , head-on because they know the speaker can which can force legislation to the House floor kick them off prized committees or turn off the against the speaker’s wishes. It requires 218 fundraising spigot. signatures in the 435-member chamber. That means some members of the speaker’s majority A speaker also exercises outsized power by party must join the effort if it’s to succeed. dominating the all-important Rules Committee. This committee decides which bills will reach But the threat of political retribution makes the House floor for votes, and it sets limits on that a tough choice. The discharge petition amendments and debate. These limits often rule was changed in 1993, making all signers make it virtually impossible for the minority publicly known, rather than anonymous as party to argue its case regarding the legislation. before. Speakers have immense power to

RANK-AND-FILE IS ALONG FOR THE RIDE | 43 solution

Democratize the Empower the Rules Committee Members of the Rules Committee should be chosen by each party’s Anonymous steering committee and approved by the party’s conference or Rank-and-File Discharge Petition caucus. When the speaker no Make it easier for members to act longer can choose the majority on their conscience without facing party’s Rules Committee political punishment by restoring members, it will better reflect the to Rise Up anonymity to discharge petition overall party and be less beholden votes. to its top leader.

RANK-AND-FILE IS ALONG FOR THE RIDE | 45 problem

They show up Monday morning (or whenever This doesn’t mean members of Congress aren’t their first shift starts), work their eight hours, working hard. Most of them have punishing and continue the pattern for five full days. work and travel schedules, but too much of the time is spent fundraising or figuring Not Congress. Even when Congress is “in out how to one-up the other party and too Hard to Do the Job session,” many members arrive in Washington little time spent trying to pass meaningful on Tuesday, put in a full workday on legislation to solve problems. When You’re Not Wednesday, and fly home Thursday evening.

On the Job ONE REASON CONGRESS CAN’T GET MUCH DONE IS BECAUSE MEMBERS AREN’T SHOWING UP IN THE HALLS OF Most working Americans THE SENATE OR HOUSE MORE THAN A FEW DAYS A WEEK. put in an honest five-day week.

46 HARD TO DO THE JOB WHEN YOU’RE NOT ON THE JOB | 47 solution A five-Day Work Week

Congress should follow a five-day workweek when they are in session.

48 HARD TO DO THE JOB WHEN YOU’RE NOT ON THE JOB | 49 problem

Today the president and members of Congress can more often be found talking past one another through the media. The issues facing our country are too important to be decided by a war of partisan All Talking talking points. Points and Let’s get the ideas on the table, debate them, and let the American No Debate people decide.

50 51 solution

proposed

We should take a cue from the British Parliament’s Question regular questioning of the prime to create for the president and Congress.

These meetings occasionally may On a rotating basis, the House and be contentious, but at least they Senate each month could invite the Time force leaders to actually debate one president to a 90-minute televised another and defend their ideas. session of questions and answers For the with lawmakers. President

52 ALL TALKING POINTS AND NO DEBATE | 53

CONCLUSION

54 55 The conventional wisdom goes like this: substantive rule and procedural reform of America is hopelessly divided. We can barely some kind should be non-negotiable for any agree the sky is blue. And that’s why our American who cares about reversing this leaders in Washington can’t or won’t work dysfunction in Washington. together. It’s nonsense. The American people have a generational Time for Voters The American people agree on plenty. They opportunity to help ensure our next House aren’t the problem. speaker is someone who won’t kowtow to the bullies and extremists in their own party, The problem is a hyperpartisan Congress allows the minority party to be heard and that abdicates its responsibility to confront supports rule changes that give bipartisan to Send a America’s challenges. And much of the ideas a fighting chance. dysfunction stems directly from congressional rules and practices. Both Democrats and Republicans in Congress have a responsibility to make this happen. These can change. In fact, they must change. After the 2018 midterm elections, the majority And members of Congress, especially in the party needs to reach out to the minority Message to House, hold the power in their hands to make and treat them as true governing partners. it happen. All they need is the vision and But the minority party has a responsibility willpower to stand strong and insist on the as well: to not use their seat at the table to rules changes, despite certain resistance from try to embarrass the majority. A more open entrenched leaders and extremists on both legislative process shouldn’t be used as an Every Candidate sides. American voters must have the backs of opportunity to file politicized amendments these brave lawmakers, making it clear they to bills that have nothing to do with finding will support them in the next election and solutions and everything to do with positioning beyond. Voters need to make clear that they for the next election. will get behind only those candidates willing to Running for fight for the reforms outlined inThe Speaker This book lays out the changes needed in Project. our Congress, why they’re needed, and how they can be achieved. This election year, with A messy floor fight in January 2019 certainly House control in the balance, is the perfect isn’t the preferred option. But it may be time to act. Call or write your members of necessary if prospective House leaders refuse Congress. Find out who’s running for office in Congress in 2018: change. your district. Write letters to the editor, talk to your friends, raise a ruckus. The Speaker Project is much more than a well-intended list of reform ideas. It is the beginning of a grassroots campaign that will IT’S TIME TO CHANGE THE RULES “You Won’t Have My Support continue for many months to come. OF CONGRESS TO RESTORE OUR No Labels certainly doesn’t expect every, or DEMOCRACY AND SAVE OUR Unless You Support The even most, ideas in The Speaker Project to be implemented in the next Congress. But COUNTRY. Speaker Project”

56 CONCLUSION | 57 NOLABELs.ORG