Clearing a Path for Collaborative Legislation
Clearing a Path for Collaborative Legislation
Problem
Control over the legislative agenda allows majority party leaders to block inclusive legislation in favor of partisan outcomes. Often, majority party leaders use their control of the agenda to block legislation that does not enjoy the support of a majority or more within their caucus, and, as a result, legislation that would receive the support of bipartisan majorities in the full chamber can be kept from the floor, in favor of partisan alternatives.
Solution
Wider adoption of rules and practices that decentralize agenda-setting power in order to clear a path for collaborative solutions. While most chambers give control over the agenda to the majority party or majority party leaders, other have adopted procedures that decentralize control over the agenda, empowering collaboration and the inclusion of both parties in the policymaking process. Rules and practices that can decentralize control of the agenda fall into three categories:
- Automatic advancement of bills: In many chambers, party leaders determine what bills will be heard in committee and which will be brought to the floor, but in others, committees are required to hear or report all bills, and bills reported from committee are automatically placed on the floor calendar for a vote. Together, these rules eliminate formal control over the agenda at both stages of the legislative process.
- Majoritarian rules: Rules in some states allow majorities in committees and on the floor to place items on the legislative agenda, allowing bipartisan majorities to advance legislation regardless of the preferences of party leaders. Examples include discharge petitions, motions to advance an item on the floor calendar, and rules that allow a committee's members, to place items on the committee agenda.
- Limits on majority party control of committee composition: In most chambers, committees play an important role in determining what legislation can be brought to the floor. Limits on the ability of majority party leadership to control the composition of committees and the selection of chairs help ensure that the minority will have a voice in this stage of the process, improving the prospects for bipartisan legislation.
