Friday, January 14, 2022

Congress must seize back its legislative powers and fulfill its role as the voice of the people.


Loser’s consent is a vital component of democracy.

One of the negatives of a parliamentary system is that you can end up with policy whiplash such as occurred in Britain in the 1960's through 1980.  Labor and then Conservatives alternated time and again, each respectively nationalizing and privatizing companies and industries.  Parliamentary systems are a different form of winner-take-all.  

In the American federal republican system with three branches of government and three levels of federalism, there is, historically, and especially with the filibuster, much more of an impetus on negotiated policy across the political spectrum and therefore more consistent policy over time.  It used to be that this system ensured loser's consent in policy development.  The minority view might not get all they were seeking but they were at the table and got some accommodation of their views.  

As Congress has increasingly deferred to the Executive in the past fifty years, in combination with Congress increasingly ceding legislative power to Agencies, and with the decline of floor originated legislation in Congress (i.e. Congressmen initiating legislation separate from party caucus legislation), our whole government has taken on more of the caste of parliamentary systems than we are accustomed to.

Congress must seize back its legislative powers and fulfill its role as the voice of the people.

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