Inside D.C.

The way the system is supposed to work

The bill was marked for a veto before it even came out of committee.  It is after all a political poke with in the eye of the Obama administration as the Republican Congress moves full speed into the 114th Congress, a legislative exercise of power and control.  However, while it was tagged “purely political” from the get go – even by many supporters – congressional approval of the Keystone XL pipeline carries with it some evidence Congress – or at least the Senate – may be growing up.

For the record, both the House and Senate have approved the Keystone XL legislation; the veto is looming and will happen, whether the votes are there to override is still an open question.  Supporters will regroup and push hard.  However, this week’s scree isn’t about the future of the pipeline, but the process, particularly the Senate process.

The bill, as expected, sailed through the House.  From the get-go, the White House declared congressional approval was usurping Administration authority to review and approve Keystone, and issued the expected veto threat.  The House cited the Administration’s inability – or so they described it – to complete its review and render the public fate of the controversial pipeline.

However, in the Senate, Majority Leader Mitch McConnell (R, KY) gambled on the process his chamber would embrace in its deliberations over Keystone.  Good to his public rhetoric and loyal to his House brethren, McConnell used the Keystone XL bill to deliver on two commitments when he became Majority Leader:  A vigorous floor debate on domestic energy policy writ large, but in the context of the Keystone issue, and a return in the Senate to “regular order,” including the consideration of any and all amendments Senators wish to bring forward.

As minority leader, McConnell decried on behalf of himself and his caucus then-Majority Leader Harry Reid’s (D, NV) iron-fisted refusal generally to allow amendments on key legislation.  Even Reid’s Democrat colleagues were frustrated by their leader’s refusal to allow them floor time.

The one outstanding example of a wise Reid decision to get out of the way and let the Senate work its collective will was the chamber’s 2013 passage of comprehensive immigration reform.  That bill was slated for the classic draft-in-the-backroom-run-it-to-the-floor-no-amendments system of bill approvals.

However, several  members – nicknamed the Gang of Seven – hammered together a bipartisan proposal for their colleagues to debate.   The gang had its backroom meetings, but they were collectively wise enough to ask stakeholders on opposing sides of specific issues in the immigration debate to sit down, work out your differences, then bring us that on which you agree and can join hands in supporting.  Those agreements were part and parcel of the debated bill; most, if not all, survived.

Bipartisanship and open debate were hallmarks of the Senate immigration package.  The bill was approved by a healthy bipartisan margin. It’s one of those rare examples of the system working as it was designed to work.

For Keystone, the veto threat notwithstanding, a nearly identical scenario has played out.  McConnell, while at times seriously frustrated with the sheer number of amendments presented, allowed a three-week open process to play out.  Sure there was arm-twisting and not-so-veiled threats on more than one occasion, but that’s the reality and the drama of the legislating.

In the end, the imperfect legislative sausage-making process yielded a Keystone bill acceptable enough that nine Democrats broke with their president and voted to approve.   Several GOP and Democrat Senators publicly welcomed back their ability to offer amendments, and while many on both sides of the aisle chafed that their amendments were rejected, nonetheless they had their moment in the sun and on C-SPAN.  That’s the way the system is supposed to work.

Add Comment

Your email address will not be published.


 

Stay Up to Date

Subscribe for our newsletter today and receive relevant news straight to your inbox!