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Weighing options for the lame duck Congress

Congresswoman Virginia Foxx

Every two years, on a Tuesday in early November, America chooses its democratically-elected representatives for Congress.  Many people are ushered into office, many others are ushered out.  This year the process was more dramatic than usual and witnessed once-in-a-lifetime shifts in power.  Yet, at the end of the day, the process is the same: the people vote their representatives into office.

Now that the American people have spoken—and in historic fashion—Congress finds itself in transition.  The two months between November 2 and when new members of Congress are sworn in will be a period fraught with potential pitfalls.  This period, known as the “lame duck Congress,” must be navigated with caution and respect for the choices of the American people.

Since the ratification of the 20th amendment to the Constitution in 1933, which changed when congressional terms begin and end, there have been 17 lame duck sessions of Congress.  Seven of these lame duck sessions have occurred within the past eight Congresses. 

Lame duck sessions of Congress typically deal with unfinished spending bills.

Generally speaking, lame duck sessions are spent passing unfinished spending bills to ensure the government has the funding to operate.  Sometimes, in the case of real emergencies, a lame duck Congress will consider major, game-changing legislation.  This was the case in 2008 when Congress took up legislation regarding the ongoing economic crisis.

Of course, the trickiest part of a lame duck Congress lies in the fact that dozens and dozens of representatives were given pink slips by their constituents, yet can still cast votes for legislation.  In other words, these soon-to-be-former representatives are no longer directly accountable to their constituents, but can impact the outcome of congressional votes.

Bearing this in mind, how should Congress prudently handle the realities of a lame duck session?      

To start, the outgoing congressional leadership would be wise to avoid putting any new, controversial items on the agenda.  There’s been talk, for instance, of trying to squeeze the unpopular Cap and Trade energy bill through in a lame duck session.  That should be a non-starter. 

On the flip side of the coin, Congress does have some pressing business it should not ignore.  Almost all of the annual spending bills are in limbo and failure to act on them would result in serious disruption.  Of course, “serious disruption” is exactly what every last taxpaying North Carolinian would experience if Congress doesn’t also act to stop $3.8 trillion in impending tax increases.   

Despite what President Obama has said, starting in January, every single working American’s tax rate will go up, unless Congress steps in.  Even the lowest earners will see their tax rate go from 10 percent to 15 percent.  Plus, the child tax credit, which currently gives families a $1000 per child tax rebate, will be cut in half to $500.  The tax rates on dividends and capital gains, which many retirees depend on for income, will skyrocket. 

Congress did not act to forestall these tax increases during the course of the past year.  If such inaction continues, North Carolina workers, families, and small businesses will be hit hard with higher taxes.

In this year’s lame duck session the stakes are higher than usual.  Not only has the balance of power shifted, but major spending and tax policy must be dealt with before the end of the year.  While Congress should address these issues and stop the tax increases, its leadership should remember that the people have spoken.  Now is not the time to take up non-urgent, controversial legislation. 

Congress should stick to the pressing business at hand and avoid poking a finger in the eyes of the people who put us there to represent them.  That sort of behavior is what gives Congress a bad rap.

Note: Have questions about this year’s lame duck Congress?  Want to see Congress address certain issues next January?  Let Virginia know by e-mailing her through her website at www.foxx.house.gov.  Virginia represents the Fifth Congressional District of North Carolina and currently serves on the House Rules Committee.  You may also contact her office toll free at 1-866-677-8968.