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KAHNTENTIONS

KAHNTENTIONS is a blog post written by Gilbert N. Kahn, Professor of Political Science at Kean University in Union, New Jersey. Beginning in 2011 KAHNTENTIONS was hosted by the New Jersey Jewish News which recently ceased written publication. KAHNTENTIONS presents an open and intellectually honest analysis of issues facing the United States, Israel, as well as Jews world-wide.

BY GILBERT N. KAHN

"These are the times that try men's souls."

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Does Congress Want to Compromise?


There is a critical challenge which emerged once again during President Biden’s address to Congress last Wednesday evening. Will there be a serious interest on the part of the Members of Congress to work together in a bi-partisan manner and follow “regular orders” to address the nations’ needs? The President offered the Republican leaders the opportunity to draft bills together with the Democrats or otherwise, he suggested he would urge his party to proceed on its own. Biden’s request was very clear on both subjects and tactics, yet it also contained openings should the Republican Party in the Congress want to join in governing.


The polls have indicated that the American people overall are positively disposed with the passage of the American Rescue Program, despite the fact that no Republicans voted for it. When Republican Members go out on the campaign hustings in the 2022 congressional mid-term elections, they will face attacks from Democratic opponents as to why they did not support the Biden recovery aid package during the coronavirus; despite the fact that they supported all of the aid packages presented to them by the Trump Administration. If the GOP handles Biden’s offer effectively, ironically, it could strengthen the Republican’s chances to re-capture the Congress in two years.


The situation on Capitol Hill presents a picture of a legislature in which functionally it is behaving like a parliamentary two-party system, majority party rule, period. While this was and continues to be the system in Great Britain as well in other European countries—even those with multi-party systems—it was never the pattern in the U.S. Whatever good intentions the President might have, bi-partisanship efforts are looking bleaker than ever. In addition, it is beginning to appear as if Biden is not actively encouraging his own party in the Senate to change the filibuster rule.


Perhaps it is time for the Democratic leadership to make its own move to revert the decision-making model in Congress back to “regular orders”. Congressional committees and especially sub-committees are almost vestigial organs. The days of congressional hearings, witnesses, and bill mark-ups are matter of the past. Bills today are crafted in the office of the House and Senate leaders with merely a semblance of engagement from the appropriate committee and sub-committee chairs or ranking members. A return to the old system “might” encourage Members of both parties in both Houses. This process would take longer but Members would have a chance to debate with each other and perhaps influence each other. Legislative compromise could develop as more and more Members would assume ownership of a bill.


While this might be wishful thinking, it could enable both sides to emerge from a legislative rut in which they have operating since 2009—at least. It would necessitate that a bill move the old-fashioned way and for Congress to reject strong-armed leadership or presidential control. Admittedly, the Democrats are very anxious to reverse actions taken by Congress during the Trump years. They are similarly concerned that they need to act quickly because they could easily lose control of both chambers in January 2023.


Senator John McCain gave his final speech on the Senate floor when he returned from Arizona on July 25, 2017, to cast a decisive vote against his own party’s effort to emasculate the Affordable Care Act. Prior to announcing his vote McCain addressed this problem of the Senate’s unwillingness to work together. McCain said:

Let's trust each other. Let's return to regular order. We've been spinning our wheels on too many important issues because we keep trying to find a way to win without help from across the aisle. That's an approach that's been employed by both sides, mandating legislation from the top down, without any support from the other side, with all the parliamentary maneuvers that requires.

The late Senator McCain and President Biden indeed are old school, but their former colleagues in both the House and the Senate could do a lot worse if they would resolve their conflicts and seek compromises. In the long run, the nation would certainly be the winner.

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