Jan 13, 2023 5 min read

It’s amazing how little attention is paid to how the business of government operates until some part of it is actually conducted in public view. Such was the case in the election of Kevin McCarthy as the speaker of the U.S. House of Representatives last week.

The comments seen in various media were very interesting, and clearly reflected the degrees to which the observers understand – or do not understand – the real operation of our government, or at least how it should operate.

There was one group of commentators who blared dire pronouncements, calling the election a “disaster,” terming the Republican Party “dysfunctional,” referring to the multiple votes as “a circus” or a “spectacle,” and proclaiming that the Republicans had “stumbled out of the starting blocks.” There were the Democrats who took obvious glee in bemoaning the “fact” that they were “unable to conduct business for a couple days,” or that they might not be able to “perform all the functions of their jobs.”

Then, there were the few pundits who were given to more thoughtful views, and reflected upon what was actually happening, what the actual facts were, what occurred because of negotiations necessary to achieve a majority vote, and whether the people of this nation were better off because of it. The bottom line is that the conservative Freedom Caucus forced the Republican leadership into representing their own voters by addressing problems they talk about, but have failed to act upon. Additionally, they reversed many of the many previous power grabs by former House speaker Nancy Pelosi.

The key concession made was reinstating a long-standing rule allowing a single member to introduce a motion to oust the speaker. This is known as a Jeffersonian motion. This is similar to a “no-confidence” vote. Pelosi did away with this rule and assumed near dictatorial power, since she could not be easily challenged. By her rules, a move to vacate would require a majority of either party. There are those who worry that this makes the speaker vulnerable and powerless. On the other hand, it also makes the speaker much more responsive to the will of the people. Even if such a motion were made, it is still subject to a vote by the entire House.

A committee, like that chaired by U.S. Sen. Frank Church in the 1970s that looked at abuses in the intelligence and law-enforcement communities, will be created to investigate the weaponization of the FBI and other government agencies, such as the CIA and the IRS, against the American people.

A Texas border plan will be put forward. It would require completion of the border fence, repair border policies, enforce border laws and target cartels and criminal organizations.

Bills presented to Congress would be required to be single-subject. No more omnibus bills like the recent budget bill, with its 4,000 pages, thousands of earmarks, and $1.7 trillion price tag. There would be a minimum 72-hour period between the presentation and consideration of bills, so members could actually read them, rather than just vote as leadership instructed.

COVID-19 mandates would end, along with all funding for them. This would include emergency funding.

Budget bills would be required to stop endlessly increasing the debt ceiling. All general appropriations bills must have a spending reduction account section. They would also require a three-fifths supermajority to raise tax rates. The Senate would be held accountable for the same.

The agreements would open up membership on the House Rules Committee to members of the conservative caucus. This is a powerful committee and has, in the past, been dominated by old thinking. Some more representative thinking would not hurt and would empower the rank-and-file members.

There are many concerns from all corners about the proposed rules package. Many are concerned about the “vacate” provision weakening the speaker, but the alternative is a dictatorial speaker like Pelosi. Which is better for representative government? Having to listen to the representatives elected by the people, or decisions by the backroom elite? This pushes Congress toward functioning as it was intended.

There are those who worry that single-subject bills will expose shaky legislation to public scrutiny and force legislators to be accountable for decisions. Say what? Isn’t that what is supposed to be happening? No more burying garbage in omnibus bills.

There are those who are concerned that being unable to raise the debt ceiling may lead to government shutdowns. The alternative is to cut spending where it isn’t needed before increasing it. What a novel idea.

The implementation of these new rules will be messy. It will require work and maybe a little pain. But it brings this nation closer to elective representative government where the people actually have a voice.

There are many more reforms yet to be implemented. This is just the starter set.

So it took 15 votes and four days to elect McCarthy as speaker? Nothing was lost, and much was gained. No, the process was not a disaster, and the Republican Party is not dysfunctional, as the naysayers have alleged. What happened is that we saw our democracy working as it is supposed to work. There will be battles within the conference and among the Congress. In the end, it is about defending the American people against the swamp.

Dave Ball is a Republican Political Strategist and former chairman of the Washington County Republican Party.