Field Guide to Hardball Congressional Tactics
When Democrats are in the majority, Republicans use hardball tactics to oppose, resist, delay, and derail legislation that favors We the People over mega-corporations and billionaires. But when Republicans control Congress, Democrats seem strangely reluctant to do as was done unto them to defend democracy and oppose racism, white-nationalism, misogyny, bigotry and greed. They say there is nothing they can do to stop or slow the MAGA regime's legislative juggernaut, so nothing is just what they do.
They need to do their job. They need to represent us!
Here are some things they could do if they had the gumption:
PDF Version of Hardball Tactics Guide
Senate
Filibuster to block passage of bills. (See below).
Filibuster to Obstruct. Senators can filibuster at any time about anything for as long as they can talk (or until 60 senators vote to shut them up). Cory Booker did so last month.
Quorum Call. (See below).
Maximize debate. Force a minimum of: 30 hours debate on all bills, 90 hours for conference bills, 30 hours on all confirmations. Even after cloture a full 30 hours of debate.
Deny Unanimous Consent. (See below)
Frivolous “Points of Order.” Each point has to be addressed and rejected by vote.
Read all amendments aloud. Any senator can demand that amendments be read aloud.
Roll Call Vote. If 20% of the senators in the chamber request it, they can force a time-consuming Roll Call vote on just about anything, even the most mundane processes.
Committee 2-hour Rule. (See below)
Committee Rules. Each committee has its own rules which can be used to delay business.
Filibuster. The filibuster is not in the Constitution. It was established by Rule 22, which can be revoked or amended at any time.
A single senator can declare a filibuster by filing a notice. Or simply commence a filibuster by starting to talk and not stopping.
Breaking a filibuster is called “Cloture.” Cloture requires 60 votes (all GOP + 7 Dems).
Most bills can be filibustered twice: 1) Vote to start debate 2) Vote to invoke Cloture.
Resolving conflicts between House & Senate bills can be filibustered three times.
Abstaining or absence on a Cloture vote is equivalent to a vote against ending the filibuster.
Certain kinds of votes cannot be filibustered:
Reconciliation budget-related bills (up to three per year)
Fast-Track trade agreements
Resolutions to terminate presidentially-declared national emergencies
Congressional Review Act (CRA) resolutions to revoke federal rules & regulations
Executive Branch nominations to cabinet and agency offices
Federal judicial nominations at all levels
War Powers resolutions under War Powers Act
Quorum Call. Most of the time, only a few senators are actually present on the floor while business or debates are taking place. Any senator can call for a Roll Call to see if a majority of senators are present in the chamber. Quorum calls are often used for procedural reasons, but using them as a tactic to oppose legislation is rare. Committees also have quorum rules that prohibit business unless a certain number are present (which they rarely are).
Deny Unanimous Consent. Senate rules require voting on almost all process points, but they usually save time by “unanimously consenting” to move ahead without a formal vote. If a single senator refuses unanimously consent they have to take a formal vote to proceed. For example, a senator can refuse unanimous consent to dispense with the ritualistic reading of the Journal of previous business before normal business can begin.
Senate Committee Two-Hour rule: Essential Senate business is done in committees. Committees (except Appropriations and Budget) are not allowed to meet for more than two hours beyond the Senate's daily convening time, and not beyond two o'clock in the afternoon without the permission of both party floor leaders. Either of which can refuse to grant that permission, thus limiting when committees can meet and thereby slowing down the MAGA legislative juggernaut.
House
The House offers fewer options for delaying, obstructing, and resisting than does the Senate. “Fewer,” however, is not the same as “none.”
Deny Unanimous Consent: Some actions require unanimous consent which a single member can deny, thereby delaying or preventing it from taking place.
Special Order Speeches. Each party can control one hour and two half-hour time blocks at the end of each legislative day which can be used to make political points and create news.
Amendments: Offering amendments, even if they are unrelated to the original bill, can be used to delay or derail the legislative process.
Points of Order: A point of order is a formal objection that a proceeding is violating a rule of the House or the committee. This can halt action while the rules are clarified, effectively delaying the process.
Oversight Committee: If the ranking Democrat (and other Dems) on the Oversight committee are bold and aggressive they can use the committee as a pulpit to put Trump and the MAGA regime on the defensive just as Issa (R-CA) did against President Obama.
Speaking Time: Unlike the Senate, the House strictly limits member's speaking time. But: Members can use all of their allotted speaking time instead of being silent. “Magic Minute.” Party leaders like Hakim Jeffries can speak for as long as they want, and their time is counted as one minute. They can use that time to stall and delay. Special Order Speeches. Each party can control one hour and two half-hour time blocks at the end of each legislative day which can be used to make political points and create news.
Mobilizing Public Opinion
Public opinion matters. While members of Congress are legislators, they are also political leaders. Republican senators and representatives seem more willing to use their position to mobilize public for the MAGA agenda than Democrats do for a democracy and justice agenda.
Some possible “political leadership” ideas (all to be live-streamed and social-media enabled):
Use the “bully pulpit” of speeches & press conferences inside Congress.
Public rallies/meetings outside of Congress. But issue-oriented events like those of Sanders & Ocasio-Cortez, not the usual, “vote for me and donate money to the party.”
Use congressional investigatory powers to visit & expose sites and situations like the recent visit to a New Jersey private-prison used against immigrants.
If congressional investigation/hearings are blocked by Republicans, rent a hall and hold the hearing anyway (not necessarily in DC).
Public testimonies outside of DC where people who were denied food, medical care, and justice tell their stories to members of Congress – and the public.
Shadow cabinet. Choose Democratic members of Congress to act as shadow cabinet & agency heads, daily critiquing their MAGA counterparts & offering alternatives. Paid staff of one or two full-time researchers to track and analyze opposition and one or two full-time PR/social media to publicize critiques and alternatives. Funded by the Party.
Publicly read portions of banned books and speak forbidden thoughts.
Protests like the Capitol building sit-in for gun-control that John Lewis led in 2016, and the recent anti-Trump budget sit-in by Sen. Booker and Rep. Jeffries.
Stand-in-the-door civil disobedience to block evictions, closures, etc.