Tempest in a Teapot
There is No Legislative Crisis
“The lack of a new speaker has ground House business to a halt,” trumpets a CNN headline. The Washington Post warned “The House itself remained in limbo, with no action until a speaker is elected.” Just hours after the very first day of the 118th Congress, the New York Times wailed the legislative branch “ceases to function.”
Calm down media talking heads. You can stop clutching your pearls, gnashing your teeth, and wringing your hands. This is not the legislative crisis you pretend it is. You’re fretting over a tempest in a teapot.
This is not unprecedented. It took 133 ballots to elect a speaker in 1856. A century ago, it took 9 ballots to pick one. As of Wednesday – just the second day of the 118th Congress – 20 Republicans vowed to not vote for Kevin McCarthy (R-CA-20). Four years ago, it was 21 Democrats who campaigned on not voting for Nancy Pelosi (D-CA-11). Despite several legislative concessions by Pelosi, 12 Democrats did not vote for her as speaker. Pelosi had a larger Democratic majority which allowed her to prevail without that dozen votes.
As for the claim that a single day of delay – or even a few days of delay – is disastrous for legislative business then consider actual facts. Since January 2007, the House has met for an average of 158 legislative days each year. The typical working schedule for an American worker with two weeks of annual vacation is 240-250 work days.
Even the 158 legislative days number is an illusion. Routinely after a holiday, weekend or a legislative recess, the House is gaveled into session at 5 pm on the first day back. This gimmick allows that day to be counted as a legislative day even if the House adjourns for the day just minutes later. Very little, if any, legislative business happens that first day.
Similarly, there are efforts to adjourn for the weekend before noon on Friday (or even Thursday) so members can return home. Yet those few hours are counted as a complete legislative day.
Eighty-three percent of House offices (359 of 435) have returning members of Congress. Those offices are presumably fully-staffed and are still opening constituent mail, checking on missing Social Security payments, and mailing Capitol-flown flags. It’s business as usual.
No, this is not a legislative crisis. It’s a debate over policy differences among Republicans. For the record, actual debate is something that has been missing from the House chamber for several years now (under both parties). For example, an amendment to a bill offered from the House floor has not been permitted in nearly seven years. For more on this topic, read the column Irregular Order II (January 4, 2023).
Mark Hyman is an Emmy award-winning investigative journalist. Follow him on Twitter, Gettr, Parler, Post, and Mastodon.world at @markhyman, and on Truth Social at @markhyman81.
His books Washington Babylon: From George Washington to Donald Trump, Scandals That Rocked the Nation and Pardongate: How Bill and Hillary Clinton and their Brothers Profited from Pardons are on sale now (here and here).