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Make Congress Legislate Again

10 0
18.08.2026

The Volokh Conspiracy

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Congress

Make Congress Legislate Again

There are better ways to encourage more regular lawmaking than abolishing the filibuster.

Jonathan H. Adler | 8.18.2026 8:48 AM

Congress has not engaged in regular lawmaking for some time. Does this require structural reform, such as abolishing the filibuster? Some seem to think so. I am skeptical. If Congress is reluctant to legislate, there will be difficulty cobbling together the requisite number of votes whether 51 or 60 votes are required. If there is insufficient reason to craft a legislative vehicle that can pass, it will not get passed.

Legislative quiescence is a serious problem, but it is not as if Congress never acts.........

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