THE DANCE OF LEGISLATION

A book published in 1973 with the title, “The Dance of Legislation” by Eric Redman provided a thorough, credible account of the legislative process involving an effort to pass S.4106, the National Health Service Bill. The essence of the book’s material enables readers to appreciate the various forms of bureaucratic infighting that occurred, political prerogatives, and Congressional courtesies required to achieve a favorable outcome.

While the assortment of lions and lionesses on Capitol Hill back then has long since departed the legislative scene, a strong case may be made that nothing significant has changed over the past several decades. The current political scene includes talk of impeaching President Trump, but that distraction is just one of many factors contributing to a general sense of paralysis affecting the ability to pass needed forms of legislation. A case in point is the necessity of reauthorizing the Higher Education Act (HEA).

Last reauthorized in 2008 for a five-year period, the six years since then have enabled the contents of this legislation to continue to be implemented. Fortunately, although technically it could be declared null and void at any time, its provisions are too important to be placed on the chopping bock. A downside, however, is that changes need to be made in order to achieve a more perfect accommodation with changing times and situations since 2008.

This piece of legislation, along with other important considerations such as immigration policy, constitute bottlenecks that can erupt at many different points. Apart from partisan disagreements that can lead to delays, even when both chambers are ruled by the same party, important differences may exist. The fact that in 2019 Democrats are the majority in the House of Representatives while Republicans have more favorable numbers in the Senate adds to the challenge of overcoming certain impediments that result in legislation being stalled.

Even within the two parties, disagreements may arise. A member from a state with strong agricultural interests may not always share the same outlook of a colleague whose constituents may have a stronger maritime focus. The same holds true when a member of Congress represents predominantly urban rather than rural interests. Ultimately, each Representative and Senator is beholden to addressing the needs and interests of voters back home. If perceived as failing to do so, there is a risk of not being reelected.

Strenuous efforts continue to be exerted to pass appropriations legislation. The 2020 fiscal year began on October 1 of this year without funding bills being signed into law. One or more continuing resolutions (CRs) enable the government to continue operating until such time that a more permanent agreement can be reached. It will not be long until the end of the calendar year is reached and a new Congressional session will begin next January.

The year 2020 will involve a national election, including who will occupy the White House in 2021. Republicans campaigning will blame Democrats for blocking legislative achievements. Democrats will point to their do-nothing Republican opponents and insist on voting them out of office. Some things never change, thus ensuring that the dance of legislation will continue uninterrupted for the forseeable future.

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