The Debt Ceiling Limit & Other Obsolete Congressional Rules That Need To Change

Fred Wertheimer’s Weekly Note | May 18, 2023

Many congressional rules are relics of the past that need to be changed to bring Congress into the 21st century. The obvious rule that’s front and center right now is the debt ceiling limit.

The Debt Ceiling Limit

Why do we even have a debt ceiling limit?

It doesn’t limit anything other than paying debts that the government has already incurred.

The debt ceiling limit has become nothing more than a political football and a vehicle for hostage taking, usually by congressional Republicans.

When Donald Trump was President, the debt ceiling was increased three times without a peep from congressional Republicans. Now, with President Biden in the White House, the debt limit is sacrosanct unless increasing it is accompanied by massive spending cuts and policy changes designed to gut the Administration’s agenda.

A financial default would create a global economic disaster, but House MAGA extremists don’t seem to care.

The debt ceiling limit should be repealed.

The Senate “Hold”

Why should Sen. Tommy Tuberville (R-AL) be allowed to threaten our national security by singularly blocking every pending military promotion that requires Senate approval?

Since March, Tuberville has put a “hold” on nearly 200 military promotions until he gets his way on changing the Pentagon’s abortion policy.

The “hold” in essence allows a single Senator to block action by the Senate indefinitely in order to get their way on a matter of personal or political interest.

As coach, Tuberville may have had absolute power over Auburn football, but there is no way he should have absolute power over military promotions.

Sen. Tuberville, of course, isn’t the first to use the “hold” to block Senate nominations or policy matters as a means to force Senate action on a pet issue, but this should not be allowed, whether it compromises our national security or does other damage.

The Senate “hold” should be eliminated.

The Senate “Blue Slip”

Why should one Senator be able to block a judicial nominee from their state by refusing to return an informal “blue slip” approval to the Senate Judiciary Committee?

The “blue slip” system requires Senators from a state to sign off on a judicial nominee from that state by providing their approval for the confirmation to proceed. If the blue slip is not returned to the Committee the nomination dies.

The unstated reason that Senators of both parties have refused to end the blue slip system is simple: the system gives individual Senators leverage to influence the appointment of federal judges from their states.

But, it’s the President, not Senators, who are empowered by the Constitution to appoint federal judges.

The “blue slip” system should be eliminated.

The Dangerous Power Of A Single House Member

Why should one Representative have the power to force a floor vote to remove the House Speaker from office?

This provision was part of the price House Speaker Kevin McCarthy paid to the extremist House MAGA fringe in order to be elected Speaker.

This provision sits there as an ongoing threat to a Speaker.

Similarly, why should one Representative be able, at any time, to force a floor vote to impeach an Executive Branch official or federal judge without any due process? That makes no sense.

These rules have no legitimacy and should be repealed.

And, The Senate Filibuster

Why should a Senator be able to block even a debate on legislation merely by threatening a filibuster?

The filibuster, created by mistake in 1807, gives inordinate power to the Senate’s minority to control the institution.

In the 216 years since, the filibuster, for example, has repeatedly been used to block a wide swath of civil rights protections – from anti-lynching laws and anti-poll tax measures in the 19th and 20th centuries to the killing of the Freedom To Vote: John R. Lewis Act in January 2022.

The filibuster has led to the “world’s greatest deliberative body” being unable to deliberate on far too many matters.

The Senate filibuster rules must be revised to provide more room for the Senate majority to prevail, while providing protection for the interests of the Senate minority.

These are just some of the antiquated rules that must be addressed to help restore integrity, fairness, and effectiveness in Congress and help rebuild the trust of citizens in the legislative process.

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Fred’s Weekly Note appears each Thursday in Wertheimer’s Political Report, a Democracy 21 newsletter. Read this week’s and other recent newsletters hereAnd, subscribe for free here and receive your copy each week via email.