Public Comment

Enacting Progressive Legislation: The Barriers & Hurdles

Harry Brill
Saturday July 14, 2018 - 03:48:00 PM

The corrupting power of money to influence elections is among the most repugnant features of our political system. Although we the people do the voting, it seems that the upper one percent does most of the electing. Moreover, this is not the only hurdle that progressives need to surmount. Our legislative system, which is dressed in democratic garb, poses a serious challenge to those who value democracy. 

As you know, our government since the birth of this nation has been made up of two houses - the House of Representatives and the Senate. This system has been around so long that we view it as natural and reasonable. So it is probably surprising to Americans who learn that in the majority of countries there is only one legislative body. Sweden is an outstanding example of how a nation with only one legislative body, whose legislation cannot be vetoed, has been very beneficial to its citizens. Among the problems that the founding fathers have given us is the considerably greater effort involved in persuading legislators in two houses rather than one to pass legislation, particularly progressive legislation.  

But that's not all. The Senate is an undemocratic institution. The principle of proportional representation, which is how the house elects legislators, made many of the leading colonists very nervous. They felt far more relaxed with a legislative body that has the same number of legislators in every state, regardless of the population size. As James Madison claimed, the Senate would proceed "with more coolness, with more system, and with more wisdom, than the popular branch". George Washington and Thomas Jefferson shared the same suspicion of the democratically based House of Representatives. 

Unfortunately, their decision has haunted our political system ever since. Think a moment about the implications of allocating the same number of Senate seats to the smallest and largest states. As a result, the states with the largest populations are woefully unrepresented. This appreciably weakens their political clout because they are not receiving the appropriate number of representatives. 

The Senate has been more favorably treated than the House of Representatives by the founding fathers. Elected senators serve for six years compared to only two for those elected to the house. Particularly important, this undemocratic body enjoys the privilege of approving or rejecting a President's nominations to the Supreme Court. Also, major presidential appointments must be confirmed by the Senate. And although the President may negotiate treaties, they must be ratified by a Senate vote. Clearly, a tremendous amount of power has been allocated to the lesser democratic legislative body. 

After a bill is drafted the House or Senate leader must decide whether or not to assign the bill to a committee for review. If the party leader decides not to, the bill dies. When a bill that is sent to committee is not forwarded to Congress it meets the same fate. Also, since Congress is not casting a vote on these bills constituents do not know how their representatives would have voted if given the opportunity. 

When Congress considers a bill it needs a simple majority vote in both houses -- 50 Percent plus one -- to stay alive. If there are differences between the houses, the bill goes to a committee to reconcile the differences. If an agreement is not reached the bill would die. Obviously, this problem cannot occur in a one house system. 

If the bill is controversial and threatens private interests a simple majority would not be adequate. The bill is likely to be filibustered in the Senate to prevent a vote from being taken. To override a filibuster requires a vote of 60 percent. So even If the majority supports a bill it could still lose. 

When a bill is passed by both houses it is forwarded to the President. If vetoed, a two thirds majority is required to override the veto. Since the legislative membership tends to be diverse, obtaining a two-third vote is very difficult. This is another outrageous and anti-democratic feature of our legislative system.With regard to legislating progressive measures, the United State is backward compared to other developed nations. For example, thirty-two of the thirty-three developed countries enjoy universal health care. The United States is the only exception. 

Finally, any law that is enacted can be overturned or modified by the lifetime appointed federal judges, including the Supreme Court justices, who are nominated by the president and confirmed by the Senate. These judges are appointed for life because writers of the Constitution wanted justices to be able to decide cases that are free from public pressure. This anti-democratic tradition is still very much alive. Certainly a major stumbling block to achieving a far more just society is the undemocratic decision making structure of the federal government.