Is congress broken, or is the system working?

AuthorShepler, Bob
PositionWashington Insights - Analysis of Congress's performance - Brief Article

Over the last decade, the U.S. Congress has failed to produce legislative solutions to some of America's most significant and tragic situations and events: the shootings at Columbine, HMOs, September 11, presidential transgressions, and if I am correct, Enron.

My former political science professor began a class stating that Congress was designed not to work -- the necessity to reach consensus on any one issue, coupled with strong ideological barriers to compromise, makes it extremely difficult for a bill to become a law. This professor postulated that the founding fathers had set up a system of checks and balances that, when applied to a structure with inherent factions, would prevent radical or damaging legislation from becoming law. Since Congress is reactionary in nature, the system works against the enactment of knee-jerk legislation. Some examples:

* In April 1999, two students at Columbine High School carried out the worst school shooting in the nation's history, killing 12 students, a teacher and themselves. In the wake of this tragedy, Congress proposed several bills that increased the difficulty of obtaining firearms without background checks and made it illegal to purchase large-capacity magazines for firearms.

Gun control is one of the most contentious issues in the U.S., and gun control laws are very difficult to pass. One arm of Congress acted, but the other failed to pass the same bill; the 106th Congress adjourned without passing consensus legislation. Despite powerful interest group pressure on lawmakers to act, the issue has not been revisited. My professor would, no doubt, say the system worked.

* Members of Congress campaigning in 1996 began to hear stories from constituents that some HMOs were providing inadequate medical care to participants -- in some cases refusing payment for certain treatments, causing patients to die. When the 105th Congress convened in January 1997, several members introduced what has become known as the "Patients' Bill of Rights" legislation, requiring HMOs to follow certain guidelines and give patients greater access to needed medical care.

No Compromise Forthcoming

Before adjourning in 1998, both the House and the Senate had passed different versions of patient protection legislation, but no compromise bill was produced. The legislation met the same fate in the 106th Congress. Now, more than five years later, patient protection legislation passed by both Houses of Congress will likely meet the...

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