The Reason Congress Can't Get Stuff Done

In 2003, former Speaker of the House Dennis Hastert coined his eponymous “rule,” which says that legislation should not be voted on unless the majority of the party in control of Congress is behind it. According to Hastert, this is grounded in the principle that “the job of the Speaker is not to expedite legislation that runs counter to the wishes of the majority of the majority.”
However, this informal rule creates a strong disincentive for lawmakers to reach across the aisle and try to compromise with House colleagues. While abiding by the Hastert Rule has become the norm, there are a few dozen examples of its being ignored over the years.
Here are five facts you need to know about the Hastert Rule:
1. While normally adhered to, the Hastert Rule is not sacrosanct. Even Speaker Hastert violated the rule at least 12 times during his tenure.
2. And in recent years, high-profile legislation has passed without the Hastert Rule being enacted. In 2007, Speaker Nancy Pelosi brought an Iraq War supplemental bill to the floor, breaking the Hastert Rule. In 2013, Speaker John Boehner broke the rule when he brought a bill to the floor to extend aid to Hurricane Sandy victims. That same year, the rule was violated again when the Violence Against Women Act was brought to the floor, despite Republican opposition, and passed.

3. Even presidents have worked to bypass the Hastert Rule. In 2014, President Obama justified issuing an executive order on immigration by citing congressional gridlock. At the time, President Obama said: “to those members of Congress who question my authority to make our immigration system work better, or question the wisdom of me acting where Congress has failed, I have one answer: pass a bill.”
4. In the House, a discharge petition can be filed to force a bill onto the floor for a vote as a way to bypass the Hastert Rule. This act requires 218 signatures, a majority of the governing body.
5. In 2013, a number of conservative groups pushed for the Hastert Rule to become law. These groups included Now Heritage Action, the Club for Growth, and the American Conservative Union. However, this never came to fruition.
No Labels is an organization of Democrats, Republicans, and independents working to bring American leaders together to solve problems.