Why is it so difficult to pass laws?

This question may well be obvious from the previous post! However, for the sake of clarity one can identify several reasons as to why it is so difficult to pass legislation in Congress. Perhaps the most important reason is that Congress is presented with more bills than it can cope with. In a typical session of Congress anything up to 14,000 bills are introduced but only 2% to 4% actually make it onto the statute books. Secondly, it is relatively easy for a Senator (or group of Senators) to talk down a bill. Although there is a gentlemen’s agreement between the parties to limit the use of the filibuster, figures such as Ted Cruz (twenty-one hours over Obamacare) and Bernie Sanders (eight hours over the stimulus package) can engage in filibustering.

Thirdly, power within Congress is largely decentralized. As such, party leaders have limited powers. Party discipline is relatively weak because party leaders have very few sticks or carrots at their disposal. Another point to consider is the problem of divided government. This can result in partisan point-scoring and therefore a more cumbersome legislative process. For instance, during the 112^th Congress House Republicans filed over 20 pieces of legislation containing the word ‘repeal’ in the space of just twenty-four hours. Given the parameters of the American system, all a party needs is control of one chamber to effectively slow down the legislative process.

Another point to consider is that both chambers possess roughly equal power. If one chamber was predominant, the legislative process would undoubtedly be more straight-forward. The fact that the whole legislative process is dominated by lengthy procedures and archaic language such as non-germane amendments, quorum calls, sequesters and supplemental appropriations does not help to quicken matters either. For all its impressive surroundings, Congress is an antiquated system indeed.