THE AGENDA: Dems Minority Powers Explained...

What Can Democrats Do Right Now?

Every Monday, The Watchdog Report publishes THE AGENDA, a blueprint for Democrats in Congress to reassert themselves as a coequal branch of government. A lot of conversations are taking shape about what the Democrats’ Oversight/Corruption agenda should look like IF they take back the House or Senate in November. But what if they don’t? What if things more or less stay exactly as they are? What then? What exactly can Democrats do in the Congressional minority to pursue and effectuate an accountability agenda and maintain some semblance of checks-and-balances on Trump 2.0? That’s what we dive into in this week’s edition of THE AGENDA.

The Harvard Journal on Legislation recently published a piece entitled, “Mapping Minority Investigative Powers in Congress,” authored by Dave Rapallo. Prior to his work as an associate professor at Georgetown, Dave spent the better part of a decade as the Staff Director for Democrats on the House Oversight Committee under the late-great Rep. Elijah Cummings. Like me, Dave spent time at the Committee both in the minority and the majority so he understands better than almost anyone the different levers that are available to Democrats in this moment. Three passages I wanted to highlight - read the entire piece by clicking here.

• Oversight Democrats have a “continuum of powers that can be deployed selectively and strategically rather than as a binary choice between complete obstruction and total passivity. These minority oversight powers include rights provided in House and Senate rules and federal laws, as well as parliamentary procedures the minority can employ to gain leverage for its investigative aims. They also include investigative actions the minority can take that do not rely on these rules, including obtaining information from alternative sources and disseminating that information through minority reports and events. To better inform the current debate, this survey provides a host of precedents and illustrations drawn from actions taken in the past by congressional minorities of both political parties.”

• “Minority members could request many more witnesses at hearings than they currently do. Working with outside groups, interested stakeholders, and affected constituencies, they could request panels of multiple witnesses to respond to majority witness testimony and provide proactive minority messaging. A determined and well-organized minority could use this tactic broadly as part of a concerted campaign to bring greater attention to their causes”

• “Any member of the House may introduce a resolution of inquiry on the House 9oor to request from the president or demand from agencies information in their possession. If a committee to which the resolution is referred fails to act within fourteen legislative days—favorably, unfavorably, or without recommendation—a motion on the floor to discharge the committee is privileged and must be considered before other business. Under these procedures, minority members may introduce resolutions of inquiry. that essentially force committees to hold business meetings in relatively short order to consider resolutions. If committees fail to take up resolutions within this timeframe, the minority can put all House members on record through floor votes.”