Political Junkie Blog

Bicameral Legislatures- Blessing or Curse? 

Bicameral means a legislative body with two chambers.  While it is difficult enough to get a majority of any group of people to agree on something, requiring a majority of another, separate body or entity to also agree to the same exact language might seem a strange way to pass laws.  But that was the intended design of our Framers creating a House and a Senate, and 49 of the 50 states also follow that framework.  Only Nebraska has a unicameral legislature. 

The pros are that each chamber can check the passions and abrupt passage of something by the other.  The chambers also have different constituencies, so rural areas are not outvoted automatically by highly populated cities and states.  The idea is that stability is enhanced, as only well thought out and seriously debated ideas will make it into law. 

But there are downsides as well.  Inefficiency, gridlock, higher costs, and unnecessary delays are oft cited.  Add to that the U.S. Senate rule that 60 votes are required to stop endless debate, and one can see why so little gets done.  That 60-vote rule is just that— a rule.  The word “filibuster” is not in the U.S. Constitution.  But both sides guard the notion that either will be in the minority at some point, and thus the minority party garners some leverage this way.  Without the 60-vote threshold, the majority could ram through bills (assuming the House was of the same party and also agreed) at will.  

Republicans are frustrated today by Democrats’ refusal to vote with them on even the most routine matters.  But the GOP also knows they were able to block D.C. and Puerto Rico from becoming states and block other changes such as expanding the judiciary when they were in the minority just a few years ago.  Key exceptions to the 60-vote rule include budget reconciliation bills that deal with taxing and spending, executive branch and judicial nominations, Supreme Court appointments, and certain fast-track trade agreements such as trade deals. 

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