What is the Value of Bipartisanship
Is bipartisan law better law? The record shows that bipartisan lawmakers pass more laws, but there is a difference between passing legislation and writing good law. When measuring legislative effectiveness, most studies track what bipartisan or partisan legislation becomes law taking into account the significance of the law but stopping well short of defining good law. Given how often the word bipartisan is used I thought it important to review its current value in addressing climate change.
Learning from the record, legislators are keen to find bipartisan and bicameral cosponsors because it dramatically increases the chances of legislation becoming law. While nothing about this Congress is normal, I observe a lot of well crafted legislation lacking cosponsorship and the totally unscientific and random selection of bills I encounter suggests a deeper problem than this Congress. At a recent event entirely dominated by one party, a very earnest young man explained that we have all the solutions if only we could get a few folk on the other side of the aisle to sign on. My question about how involved the other side of the aisle had been in crafting the legislation was met with a blank stare. As is often the way at these gatherings a moment of silence was an opportunity to be interrupted by someone joining the conversation and I never learned whether it was incomprehension or a moment of realization that stopped an otherwise articulate young man mid sentence. To be clear, it is not the first time this question has been met with silence.
That Congress no longer sees itself as a body of people serving a nation but rather their party first is not news and far from a correct perception, but the consequences of partisanship is showing up in many small but important ways, starting with a lack of relationships across the aisle. My sense is that not only do we no longer ask what the other party may want to see in legislation but can no longer imagine what their wishes are, we simply don’t know them and can’t put ourselves in their shoes. The result is legislation that stands exactly no chance of gaining cosponsors and while it's true that some of it is so called messaging bills, much of it is a genuine attempt to fix something but only from one point of view.
Bipartisanship comes and goes in great waves through time. The Great Compromise of 1887, Lincoln’s decision to hire his rivals, the Civil Rights Act, it's a long list that kind of dried up around the turn of the century, although we continued to use the word for progressively small achievements. The exception being reauthorizations like the Farm Bill which is approaching half a trillion dollars made up of farm subsidies, crop insurance, disaster subsidies, conservation subsidies and the ever expanding nutrition programs. There is no way this is not going though and while Congress will praise itself for bipartisanship, I would challenge anyone to identify actual meaningful compromise.
Climate change is a multi faceted challenge affecting virtually every aspect of our lives and in case it's not obvious, we are somewhat overdrawn at the bank on money and carbon emissions. Legislative compromise is unavoidable. The next time you talk to a member or their staff to praise them for their bipartisanship, which I encourage, maybe ask them what the compromise was. If not immediately forthcoming, you may have identified bipartisan law masquerading as a good law.
On the Slate
The circus on the Hill over the weekend may have obscured the discussion and then decision of Rep. Curtis (R-UT-03) regarding the open Senate seat in Utah. His decision not to run, but rather to finish the job he committed to on climate is welcome, although I have no doubt he would have made a fine Senator. If, like me, you found the rationale for this decision heartwarming, then please take a moment to call or email his office and show your support.
Positive Notes
Senators Tammy Baldwin (D-WI) and Chuck Grassley (R-IA) introduced the Protecting Future Farmland Act, legislation to support farmers’ land stewardship efforts as many choose to deploy solar energy on their land. IMO, this is an example of the many small fixes that will be the hallmark of our energy transition.
As always, I encourage you to forward this email to anyone who may be interested in supporting our work or our members, and of course feel free to reach out to me anytime.