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Hastert rule

The Hastert rule is an informal guiding principle in the United States House of Representatives whereby the Speaker brings legislation to the floor for a vote only if it garners the support of a majority within the majority party caucus, thereby prioritizing the cohesion and electoral mandate of the party holding the speakership.^[1]^[2] Named for Dennis Hastert, who served as Speaker from 1999 to 2007 and explicitly articulated the practice to avoid bills passing through coalitions that might undermine majority party unity, the rule reflects a longstanding procedural norm rather than a codified statute.^[2]^[1] This approach ensures that the House agenda aligns with the preferences of the controlling party's voters, preventing scenarios where minority party influence could force measures opposed by most of the majority, though it has drawn criticism for potentially blocking bills backed by an overall House majority but lacking sufficient intra-party backing.^[1]^[3] While not binding and occasionally bypassed by Speakers such as John Boehner in cases like the 2013 Violence Against Women Act reauthorization, the principle persists as a tool for maintaining discipline amid partisan polarization, influencing modern leadership decisions under Speakers like Kevin McCarthy and Mike Johnson.^[4]^[3]

Definition and Principles

Core Principle

The Hastert Rule, an informal and unwritten guideline in the United States House of Representatives, holds that the Speaker should not schedule a bill for floor consideration unless it commands the support of a majority of the majority party caucus.^[1] This "majority of the majority" threshold ensures that legislation reflects the collective priorities of the party holding the chamber's plurality, rather than depending on ad hoc coalitions with the minority party to secure passage.^[2] In practice, with a slim majority—for instance, 218 seats out of 435 for the controlling party—the rule typically requires backing from at least half plus one of that party's members, often around 110 votes in a 220-seat majority scenario, though exact numbers vary with attendance and vacancies.^[4] Former Speaker Dennis Hastert (R-IL), after whom the rule is named, publicly articulated its essence in June 2003 during a speech at the American Enterprise Institute, stating, "The job of the Speaker... is really to try to unite or reflect the will of as much of the majority as possible... I would hope we would have a majority of the majority."^[1] This formulation underscores the rule's intent to align House proceedings with the electoral mandate of the majority party's constituents, avoiding scenarios where the Speaker leverages minority votes to override intraparty opposition, which could undermine party cohesion and accountability.^[5] The principle operates without enforceable penalties, relying instead on political norms, leadership influence, and the Speaker's agenda-setting authority under House rules, such as Rule XXI, which governs floor scheduling.^[1] By prioritizing majority-party consensus, the Hastert Rule functions as a mechanism for agenda control, filtering out bills likely to fracture the caucus and focusing legislative energy on measures with broad internal support.^[2] It does not prohibit bipartisan outcomes but conditions floor access on avoiding reliance on cross-party majorities when the majority party itself lacks a working plurality, thereby reinforcing the Speaker's role as steward of the party's platform over expediting potentially divisive or extraneous proposals.^[4] Violations occur sparingly, typically justified by exceptional circumstances like must-pass funding bills, but adherence has been a hallmark of Republican Speakers since the late 1990s to maintain discipline amid ideological diversity.^[1]

Underlying Rationale

The Hastert rule's core rationale is to ensure that legislation advanced to the House floor aligns with the preferences of the majority within the majority party, thereby preserving party unity and preventing internal divisions from enabling passage of bills opposed by most of that party's members. This principle recognizes that the majority party, having secured electoral victory, holds a mandate to govern according to its collective platform rather than allowing a minority faction within the majority to ally with the opposition minority to dictate the agenda. By requiring "majority of the majority" support, the rule safeguards against scenarios where a slim overall House majority could be subverted by cross-party coalitions that undermine the governing party's coherence.^[1]^[2] Former Speaker Dennis Hastert explicitly framed this in 2003, declaring that "the job of the Speaker is not to expedite legislation that runs counter to the wishes of the majority of his majority," emphasizing leadership's duty to prioritize intraparty consensus over expediency in floor scheduling. This stance reflects a pragmatic response to the House's decentralized structure and the risks of leadership vulnerability; advancing divisive measures could erode the Speaker's authority, foster caucus rebellions, and jeopardize reelection prospects for party members aligned with the broader majority. Proponents argue it enforces accountability on party leadership for agenda control, channeling legislative priorities toward electorally validated positions rather than ad hoc compromises.^[6]^[7] Empirically, adherence to the rule has correlated with reduced "roll rates"—instances where the majority party votes against its own leadership—during periods of strict enforcement, as it filters out bills likely to expose intraparty fissures. Critics from procedural reform perspectives contend it can stifle bipartisan opportunities, but defenders counter that without it, the majority party's electoral gains risk dilution by minority veto power over the floor agenda, contravening the constitutional design vesting House control in the elected majority. This tension underscores the rule's role in balancing representative democracy with partisan governance realities in a polarized chamber.^[4]^[1]

Historical Development

Pre-Hastert Precedents

Although not formally articulated until later, the practice of withholding bills from House floor consideration unless supported by a majority of the majority party emerged prominently under Speaker Newt Gingrich (R-GA) from January 4, 1995, to November 6, 1998. Following the Republican takeover of the House in the 1994 elections—the first since 1954—Gingrich prioritized intra-party cohesion to advance the GOP's Contract with America agenda, refusing to schedule votes on measures lacking backing from most of the 230 Republican members, even when Democratic votes could secure an overall majority. This restraint exemplified an early adherence to what would become known as the majority-of-the-majority principle, contrasting with the bipartisan deal-making prevalent under prior Democratic Speakers.^[4] In contrast, pre-1995 Speakers, predominantly Democrats during their 40-year House majority from 1955 to 1995, often bypassed strict party-line thresholds by forging cross-aisle alliances to overcome internal divisions, particularly between conservative southern Democrats (Dixiecrats) and northern liberals. For instance, Speaker John W. McCormack (D-MA), serving from 1962 to 1971, advanced the Civil Rights Act of 1964 to the floor on February 10, 1964, despite opposition from over 90 of the 252 House Democrats (a majority of the Democratic caucus), relying instead on 138 of 172 Republican votes to achieve passage by 290–130. This bipartisan maneuver, urged by President Lyndon B. Johnson, highlighted a willingness to forgo majority-party consensus for policy imperatives, a flexibility absent in Gingrich's approach.^[1] Similarly, Speaker Tip O'Neill (D-MA), from 1977 to 1987, frequently accommodated Republican input or leadership on floor proceedings when Democratic defections threatened intra-party majorities, as during budget negotiations with President Ronald Reagan in the early 1980s, where O'Neill negotiated compromises yielding GOP votes rather than enforcing party-line prerequisites. Such precedents underscore that while elements of party discipline existed—rooted in post-1970s congressional reforms enhancing leadership tools like steering committees—the rigid majority-of-the-majority threshold was not systematically applied before the GOP's 1995 ascent, reflecting less polarized caucuses and greater reliance on ad hoc coalitions.^[1]

Articulation and Codification Under Hastert

Dennis Hastert, upon ascending to the speakership on January 6, 1999, following Newt Gingrich's resignation, began adhering to the practice of prioritizing bills supported by a majority of the Republican caucus for floor consideration.^[1] This approach marked a deliberate shift toward enforcing party discipline in agenda-setting, building on precedents but applying it more consistently amid a narrow Republican majority.^[6] The principle gained explicit articulation in 2003, when Hastert declared that the Speaker's role did not involve advancing legislation opposed by the majority of his own party members, stating, "I will not bring up a bill that a majority of my majority is not for."^[6] This statement, delivered amid debates over contentious issues like Medicare reform, underscored Hastert's commitment to avoiding reliance on minority party votes to pass measures, thereby preserving the majority party's leverage and internal cohesion.^[5] The phrasing "majority of the majority" was crafted by Hastert's communications director, John Feehery, for a speech outlining this policy, which became synonymous with Hastert's leadership style.^[8] Though never formally enshrined in House rules or statutes, the practice was effectively codified through Hastert's eight-year tenure, during which he rarely deviated, even under pressure from President George W. Bush on bipartisan priorities.^[1] Hastert later distanced himself from the "rule" label in 2013, emphasizing it as a flexible guideline rather than an ironclad prohibition, yet his consistent application lent it normative authority within Republican ranks.^[9] This informal codification reinforced the Speaker's gatekeeping power under House Rule I, which grants scheduling authority, without altering procedural frameworks.^[1]

Usage by Republican Speakers

Gingrich and Early Republican Majorities

Following the Republican gains in the 1994 midterm elections, which secured a House majority of 230 seats to Democrats' 204, Newt Gingrich was elected Speaker on January 4, 1995, marking the first GOP control of the chamber in 40 years.^[10] Gingrich prioritized party discipline to enact the Contract with America, a legislative agenda that emphasized fiscal conservatism, welfare reform, and deregulation; within the first 100 days, the House passed nine of its ten major bills largely along party lines, reflecting an early emphasis on advancing measures backed by a majority of Republicans to fulfill the perceived electoral mandate.^[11] This approach aligned with the emerging "majority of the majority" principle, avoiding reliance on Democratic votes that could dilute GOP priorities amid slim margins, which narrowed further to 228-207 after special elections and resignations.^[12] However, Gingrich's speakership deviated from strict adherence to the principle on multiple occasions, with at least six documented violations where bills lacking majority support within the Republican caucus were brought to the floor, typically to achieve passage via bipartisan coalitions amid internal divisions.^[13] These instances highlighted the challenges of governing with narrow majorities and a fractious freshman class, as Gingrich sometimes prioritized bold policy pushes over unanimous caucus backing, contrasting with more consultative styles in later GOP leadership.^[14] His tenure also saw six failed votes on rules for considering bills, underscoring party disunity that occasionally forced procedural compromises.^[15] The early Republican majorities under Gingrich thus tested the limits of intra-party agenda control, fostering a culture of heightened partisanship that laid groundwork for formalized practices like the Hastert rule, though Gingrich's willingness to occasionally bypass caucus majorities reflected pragmatic necessities in a divided Congress rather than rigid ideological purity.^[16] This period's experiences contributed to subsequent Speakers' greater emphasis on securing Republican majorities before floor votes to maintain cohesion and avoid the vulnerabilities exposed by Gingrich's ouster in 1998 amid ethics probes and midterm losses.^[10]

Hastert Speakership (1999–2007)

Dennis Hastert assumed the role of Speaker of the House on January 6, 1999, following the resignation of Newt Gingrich and the withdrawal of Bob Livingston. Throughout his tenure until January 3, 2007, Hastert adhered to the principle of advancing legislation only if it commanded the support of a majority within the Republican majority party, thereby prioritizing party cohesion over potential bipartisan majorities. This approach, later formalized as the Hastert rule, enabled the Republican leadership to maintain discipline amid slim majorities in the early years, such as the 223–211 Republican edge in the 106th Congress (1999–2001).^[1] In November 2004, after Republicans expanded their House majority to 232 seats in the general election, Hastert explicitly announced his commitment to the majority-of-the-majority guideline, declaring that no bill would proceed to a floor vote without backing from a majority of House Republicans. This policy shift underscored a strategic pivot away from negotiating with Democrats to secure passage, instead focusing on unifying the GOP caucus to enact priorities aligned with the party's electoral mandate, including tax cuts and education reforms. Hastert's enforcement of the principle contributed to the passage of significant legislation, such as the No Child Left Behind Act of 2001, which cleared the House 384–45 with strong Republican support.^[17] A clear example of the rule in action occurred on November 20, 2004, when Hastert abruptly pulled the Intelligence Reform and Terrorism Prevention Act from the floor schedule minutes before voting, as the bill lacked sufficient Republican endorsements due to objections from conservative members over specific provisions. Similarly, the 2003 Medicare Prescription Drug, Improvement, and Modernization Act conference report passed the House on November 22, 2003, by a 220–215 margin, with 216 Republicans voting in favor—constituting a clear majority of the 229-member GOP caucus—despite minimal Democratic support (four yes votes). Hastert's consistent application, even on measures he personally favored, reinforced party loyalty and minimized intra-caucus divisions, though it occasionally delayed or derailed bills with broader House appeal but insufficient partisan backing.^[18]^[19]

Boehner, Ryan, and McCarthy Eras

During John Boehner's tenure as Speaker from January 5, 2011, to October 30, 2015, adherence to the Hastert Rule was inconsistent amid pressures from the Tea Party faction and fiscal crises. Boehner violated the rule on multiple occasions to advance must-pass legislation, such as the 2013 reauthorization of the Violence Against Women Act, which proceeded despite lacking majority Republican support by relying on Democratic votes.^[20] Similar deviations occurred in continuing resolutions and debt ceiling increases to avert government shutdowns, as in late 2013 when Boehner allowed bills to the floor without a GOP majority to negotiate compromises under time constraints.^[21] ^[14] An analysis of Boehner's record identified six such violations, often linked to urgent "ticking clock" scenarios where failure risked broader political fallout, allowing strategic relief from intra-party hardline demands.^[22] ^[5] These moves preserved institutional functionality but fueled conservative backlash, viewing them as concessions that eroded majority party discipline.^[23] Paul Ryan, serving as Speaker from October 29, 2015, to January 3, 2019, pledged stricter observance of the Hastert Rule to unify a fractious Republican conference, committing not to advance bills opposed by most of his party.^[7] This approach was evident in immigration policy, where Ryan blocked DACA-related measures lacking GOP majority backing, prioritizing party cohesion over bipartisan deals during Barack Obama's presidency.^[24] ^[25] He similarly applied the rule to resist gun control legislation post-2016 Orlando shooting, refusing floor votes on Democratic priorities despite potential overall House passage.^[26] Ryan's adherence minimized internal revolts compared to Boehner but contributed to perceptions of gridlock, as viable cross-aisle proposals stalled without Republican majority endorsement.^[27] ^[28] Kevin McCarthy's speakership, from January 7 to October 3, 2023, tested Hastert Rule boundaries amid slim GOP majorities and hard-right dissent. The June 2023 Fiscal Responsibility Act raising the debt ceiling secured 149 Republican yes votes out of 222, meeting the majority-of-the-majority threshold despite 71 GOP defections, thus avoiding formal violation while negotiating spending restraints.^[29] However, McCarthy's September 30, 2023, continuing resolution to fund the government through mid-November passed via suspension of the rules with overwhelming Democratic support (208-20) and only 126 Republican affirmatives, falling short of a GOP majority and prompting accusations of breaching the rule's intent against reliance on the minority party.^[30] This maneuver, intended to sidestep conservative opposition to spending levels, bypassed the Rules Committee and exemplified procedural workarounds under duress, ultimately fueling the motion to vacate that removed McCarthy—the first such ouster of a sitting Speaker.^[31] ^[32]

Johnson Speakership (2023–Present)

Mike Johnson was elected Speaker of the House on October 25, 2023, following a protracted vacancy after Kevin McCarthy's removal. His tenure has been marked by Republican majorities as narrow as 220–215 seats in the 119th Congress, compelling pragmatic deviations from the Hastert rule to avert government shutdowns and pass must-pass legislation.^[33] Johnson has justified such moves by emphasizing members' ability to "vote their conscience," particularly on foreign policy, though critics within his party argue these actions prioritize bipartisan deals over majority Republican support.^[34] An early deviation occurred on November 14, 2023, when Johnson advanced a continuing resolution to fund the government through December 20 and avert a shutdown; the measure passed 336–95 with overwhelming Democratic support after conservative Republicans opposed it for lacking spending cuts.^[35] This reliance on minority party votes bypassed the need for a majority of the GOP caucus, highlighting Johnson's initial navigation of internal divisions without sufficient party-line backing. The most prominent violations centered on foreign aid in April 2024, when Johnson divided a $95 billion Senate-passed package into four bills addressing Ukraine ($60.8 billion), Israel ($26.4 billion), the Indo-Pacific (including Taiwan, $8.1 billion), and national security priorities like a TikTok divestiture requirement and border measures.^[36] The Ukraine aid bill, voted on April 20, secured only 101 Republican yes votes against 112 nays from the GOP—failing to garner majority party support—yet passed overall 311–112 via bipartisan votes exceeding 300 in each package component.^[34] Johnson defended the approach as enabling individual votes on contentious issues without a unified party mandate, but it drew accusations of ceding leverage on domestic priorities like border security.^[34] These actions fueled intraparty backlash, culminating in Rep. Marjorie Taylor Greene's May 8, 2024, motion to vacate Johnson's speakership, which explicitly cited the Ukraine aid passage as a Hastert rule breach for depending on Democratic votes absent GOP majority approval.^[37]^[38] The motion, cosponsored by Rep. Thomas Massie, stalled without a floor vote, but underscored tensions over Johnson's willingness to forgo strict adherence amid slim margins and external pressures. Similar patterns emerged in subsequent continuing resolutions, such as September 2024's short-term funding extension, where bipartisan support again proved essential despite conservative resistance.^[39] By 2025, Johnson's survival, bolstered by rules requiring nine Republican cosponsors for future vacate motions, reflected ongoing trade-offs between rule fidelity and legislative functionality.^[40]

Exceptions and Procedural Workarounds

Notable Violations of the Rule

In early 2013, Speaker John Boehner presided over three prominent instances where bills advanced to the House floor without securing majority support from House Republicans, marking clear departures from the Hastert rule. The first occurred on January 1, 2013, with the passage of the American Taxpayer Relief Act of 2012, which averted the fiscal cliff by extending tax cuts and delaying spending reductions; the bill passed 257-167, but only 85 of 219 Republicans voted in favor, far short of a majority within the party.^[41] This move drew criticism from former Speaker Dennis Hastert himself, who warned Boehner against relying on Democratic votes for must-pass legislation.^[41] Subsequently, on January 4, 2013, the House approved $50.5 billion in supplemental disaster relief for Superstorm Sandy victims via H.R. 1, passing 354-72 with just 49 Republican yes votes out of 219, necessitating overwhelming Democratic support.^[20] Later that month, on February 28, 2013, the reauthorization of the Violence Against Women Act (S. 47) cleared the House 286-138, supported by only 70 Republicans against 199 opposed, again depending on near-unanimous Democratic backing to overcome intra-party opposition to expanded protections for certain groups.^[42]^[43] Boehner defended these actions as necessary for addressing urgent Senate-passed measures but pledged afterward to adhere more closely to the rule, though analyses indicate he violated it at least six times overall during his tenure.^[44] These 2013 episodes highlighted procedural flexibility amid fiscal and disaster pressures, but they strained Republican unity and foreshadowed ongoing tensions in enforcing the rule under subsequent Speakers. For instance, in April 2024, Speaker Mike Johnson allowed a $95 billion foreign aid package—including aid for Ukraine, Israel, and Taiwan—to pass 311-112 without a majority of Republicans (101 yes out of 219), relying on Democratic votes despite conservative opposition, echoing earlier patterns of exception for high-stakes bipartisan imperatives.

Discharge Petitions and Alternative Mechanisms

A discharge petition enables a majority of House members to compel consideration of a bill stalled in committee, serving as a primary procedural counter to the Speaker's agenda control under the Hastert rule.^[45] Under House Rule XV, clause 2, a petition may be filed after a bill has lingered in committee for at least 30 legislative days without a report; it requires signatures from 218 members—a simple majority—to succeed, at which point the bill is placed on the Discharge Calendar and can be called up for debate after seven legislative days, bypassing committee referral and leadership scheduling discretion. This mechanism theoretically allows a bipartisan coalition or dissenting majority-party faction to force a floor vote on legislation lacking the support of a majority within the Speaker's party, directly challenging the Hastert rule's emphasis on intra-party consensus.^[46] Success remains exceedingly rare due to the public visibility of signatures, which exposes signers to leadership pressure, campaign finance retaliation, and electoral backlash from party bases.^[45] From 1935 through recent Congresses, fewer than 4% of 638 initiated petitions have secured 218 signatures, with only about 8% of those ultimately leading to enacted laws; most fizzle amid partisan defections or leadership concessions to avert full petitions.^[45] A notable success occurred in 2002 during Speaker Dennis Hastert's tenure, when a discharge petition garnered 218 signatures for H.R. 2356, the Bipartisan Campaign Reform Act (also known as Shays-Meehan), forcing its release from committee despite initial Republican leadership opposition rooted in First Amendment concerns; the bill passed the House 239–185 with cross-party support and became law after Senate concurrence.^[47] This instance highlighted the petition's potential to override Hastert rule adherence, though leadership often responds by negotiating alternatives to dilute the threat, as seen in immigration reform debates where petition momentum prompted limited concessions without full discharge.^[46] Beyond discharge petitions, alternative mechanisms offer limited bypasses but typically demand supermajorities or specific procedural privileges, reinforcing rather than undermining party discipline in Hastert rule contexts. The suspension of the rules calendar allows non-controversial bills to advance without committee action or recorded amendments, but requires a two-thirds majority for passage, rendering it impractical for divisive measures that might lack a party-majority core.^[1] Privileged resolutions, such as those under the Congressional Budget Act for reconciliation bills, enable expedited consideration of fiscal legislation with simple-majority votes, circumventing filibuster-like holds but confined to budget reconciliation instructions that align with party priorities rather than broad Hastert violations. Riders attached to must-pass appropriations bills or urgent measures like debt-ceiling increases can embed policy changes, but these depend on leadership willingness and risk omnibus bloat, as evidenced in fiscal cliff negotiations where such tactics pressured intra-party holdouts without formal discharge.^[1] Collectively, these tools underscore the House's structural bias toward majority-party gatekeeping, with discharge petitions standing as the most direct—yet politically costly—check on Hastert rule rigidity.^[45]

Defenses and Theoretical Justifications

Safeguarding Majority Party Cohesion

The Hastert rule functions as a procedural safeguard for the majority party's internal cohesion by stipulating that the Speaker of the House will not schedule floor votes on legislation lacking support from a majority of that party's members. This principle, articulated by former Speaker J. Dennis Hastert in 2003 amid debates over the Medicare prescription drug benefit, ensures that bills potentially divisive to the majority caucus are filtered out before reaching the floor, thereby minimizing public exposure of intraparty fractures that could erode leadership authority or invite challenges from dissenting factions.^[1] By requiring this "majority of the majority" threshold—typically around 218 votes in a divided House without relying on minority party backing—the rule compels party leaders to cultivate consensus within their ranks prior to advancement, fostering discipline and alignment with the caucus's collective priorities.^[1] Proponents contend that this approach is essential for Speaker survival and party stability, as repeatedly bringing measures opposed by most majority members would undermine the leader's mandate, which derives from the caucus's election of the Speaker. For instance, former House Speaker Newt Gingrich has described adherence to the rule as "simply common sense," arguing that no Speaker can endure scheduling a series of bills rejected by their own majority, as it would empower the minority to exploit divisions and dominate proceedings.^[7] This mechanism aligns with longstanding House practices of agenda control, where leaders leverage tools like the Rules Committee to block floor access for proposals that might split the party, a pattern observed since the 1980s under both parties and reinforced by the rule's informal enforcement.^[6] Empirical adherence has historically limited such violations to less than 5% of final passage votes per Congress, primarily on must-pass items like disaster relief, preserving cohesion on partisan priorities.^[6] In theoretical terms, the rule supports conditional party government dynamics, wherein heightened ideological homogeneity within the majority enables centralized leadership to prioritize collective electoral gains over individual member autonomy, as dissenting votes on floor bills could dilute the party's brand and invite voter backlash.^[1] By averting scenarios where a minority of the majority allies with the opposition to enact policy—potentially at odds with the party's platform—the Hastert rule incentivizes negotiation and compromise internally, reducing the risk of defections that have toppled Speakers, such as those facing caucus revolts over perceived betrayals of party unity. This discipline-oriented framework has been credited with enabling Republican majorities post-1994 to advance cohesive agendas, though its rigidity can amplify factional pressures in polarized eras.^[1]^[7]

Alignment with Electoral Mandates

Proponents of the Hastert rule contend that it operationalizes the electoral mandate conferred upon the majority party by ensuring that legislation advanced to the House floor garners support from a majority within that party, thereby reflecting the collective platform and voter preferences that secured control of the chamber.^[1] This approach prioritizes the majority's internal consensus over measures reliant on substantial minority-party backing, which could dilute the agenda voters endorsed when electing the majority to govern.^[1] Former Speaker Dennis Hastert articulated this principle in 2003, stating that bills would reach the floor only if supported by "the majority of the majority," underscoring the Speaker's duty to avoid expediting legislation contrary to the wishes of most majority-party members.^[6] Under conditional party government theory, as developed by political scientists like David W. Rohde, the rule facilitates the majority party's ability to enact policies aligned with its median ideological position, which approximates the preferences of the constituencies that delivered the electoral victory.^[1] This mechanism enhances party cohesion and accountability, as leaders leverage agenda control to prevent "rolls"—instances where a majority of the majority opposes a bill that passes via minority support—thereby safeguarding the party's brand and reelection prospects tied to fulfilling voter expectations.^[1] By embedding majority rule in House practices, the rule reinforces the chamber's majoritarian design, where the elected majority holds primary responsibility for legislative priorities rather than deferring to cross-party coalitions that might undermine the mandate.^[1] Critics of alternative approaches argue that abandoning the rule risks eroding the democratic legitimacy of House output, as bills passing without majority-party support could prioritize minority interests over those of the electing coalition, potentially leading to policy drift from campaign promises.^[7] Historical adherence since the early 1980s demonstrates its role in maintaining leadership viability, as Speakers elected by their party caucus cannot sustain power by routinely advancing divisive measures.^[6] Thus, the rule serves as a procedural safeguard for representative fidelity, ensuring the House responds to the electorate's conferral of majority status rather than internal factionalism or external pressures.^[7]

Criticisms and Opposing Views

Claims of Undemocratic Gridlock

Critics argue that the Hastert rule promotes undemocratic gridlock by empowering House Speakers to withhold floor consideration from bills enjoying an overall majority in the chamber but lacking support from a majority of the majority party, thereby subordinating the House's collective judgment to a partisan faction.^[48] This informal guideline, they contend, deviates from the constitutional design of majority rule in the House, where procedural discretion by leadership can indefinitely stall legislation backed by bipartisan coalitions and reflecting broader electoral mandates.^[49] Outlets such as The Washington Post, which display a pattern of left-leaning editorial bias, have described this as enabling intra-party minorities to veto the majority's preferences, fostering institutional paralysis over compromise on divisive policies.^[50] A prominent example occurred in 2013, when Speaker John Boehner declined to schedule a vote on the Senate-passed comprehensive immigration reform bill (S. 744), which had cleared the upper chamber 68–32 on June 27, despite indications of sufficient bipartisan support in the House to surpass the 218-vote threshold; the decision adhered to the rule amid opposition from over half of House Republicans, who viewed its path to citizenship provisions as unacceptable.^[51] Similarly, the 2013 farm bill (H.R. 1947) encountered prolonged delays and an initial failure on June 28 (234–195 vote), as Republican leadership grappled with internal conservative resistance to food assistance provisions, invoking Hastert rule dynamics to avoid advancing a version reliant on Democratic votes until a revised measure passed in February 2014.^[52] Advocates of this critique assert that such applications render the House less accountable to public opinion, as evidenced by contemporaneous polls showing majority support for immigration pathways (e.g., 66% in a June 2013 ABC/Washington Post survey), yet prioritize party cohesion over legislative productivity, amplifying perceptions of dysfunction in addressing fiscal and social imperatives.^[53] This viewpoint, often advanced by reform-oriented commentators, posits that the rule's rigidity discourages cross-aisle negotiation, perpetuating a cycle where potential majorities dissolve into inaction without formal debate or up-or-down votes.^[48]

Effects on Bipartisan Legislation

The Hastert rule impedes bipartisan legislation by conditioning floor consideration on securing a majority within the majority party, thereby blocking bills that garner overall House support through coalitions of most minority-party members and a minority of the majority party. This practice effectively vetoes measures requiring cross-aisle compromise if they divide the Speaker's caucus, even when a simple majority of the full chamber would approve them. For instance, in 2013, the House delayed action on a bipartisan farm bill passed by the Senate, as it initially lacked support from a majority of House Republicans, forcing revisions to align more closely with party priorities before eventual passage. Similarly, comprehensive immigration reform approved by the Senate in June 2013 with strong bipartisan backing—68-32—never reached a House floor vote under Speaker John Boehner, who cited insufficient GOP majority support, despite polling indicating broad public favor for elements like border security enhancements.^[4] This dynamic fosters gridlock on high-stakes issues, as seen during the October 2013 government shutdown, where adherence to the rule constrained Boehner's negotiations for a clean debt-ceiling increase or spending bill, requiring him to prioritize intra-party unity over bipartisan resolutions that could have averted default risks. Critics, including congressional scholars, argue this elevates factional cohesion over the House's constitutional mandate to reflect the electorate's median preferences, resulting in fewer bipartisan enactments; data from the 113th Congress (2013–2015) show only rare violations, such as emergency disaster aid, underscoring how the rule routinely sidelines collaborative efforts on appropriations and fiscal policy.^[14]^[6] Empirical analyses indicate that such constraints correlate with diminished legislative productivity on Senate-originated bipartisan priorities, as House leaders anticipate procedural barriers to overriding party dissent.^[1] Proponents of bipartisanship contend the rule entrenches polarization by discouraging minority-party outreach, as majority leaders anticipate floor defeats without full caucus buy-in, leading to procedural maneuvers like omnibus packaging that bundle unpopular provisions to enforce discipline. In the Boehner era (2011–2015), this contributed to repeated fiscal standoffs, where bipartisan alternatives—such as standalone funding bills—were sidelined in favor of all-or-nothing party-line demands, prolonging disruptions like the 16-day shutdown affecting 800,000 federal workers. While not formally codified, the rule's persistence under successors like Paul Ryan amplified these effects, with studies showing a post-1990s decline in cross-party cosponsorship and passage rates for non-emergency bills.^[43]^[14]

Legislative Impact

Blocked or Delayed Bills

The Hastert rule has prevented floor consideration of bills that reportedly enjoyed prospective bipartisan majorities in the House but failed to secure backing from a majority of the majority party, thereby blocking or delaying legislative action. This outcome aligns with the rule's emphasis on intra-party consensus over overall chamber support, often leaving initiatives reliant on minority-party votes in limbo.^[1] A key instance occurred with comprehensive immigration reform in 2013. The Senate approved the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744) on June 27, 2013, by a vote of 68–32, with support from 14 Republicans. Polls indicated the measure could pass the House with combined Democratic and Republican votes, yet Speaker John Boehner refused to schedule it for debate, invoking the Hastert rule to require majority Republican endorsement first.^[54] ^[51] Boehner reiterated on June 27, 2013, that no House-Senate compromise would advance without such intra-party support, effectively halting progress and contributing to the bill's failure in the 113th Congress.^[55] This stance persisted into 2014, with Boehner attributing delays to insufficient GOP cohesion despite external pressures for reform.^[56] Similar dynamics delayed other bipartisan efforts, such as post-Sandy Hook gun control measures in early 2013. Senate-passed expansions to background checks garnered 54 votes on April 17, 2013, falling short of cloture but signaling potential House viability with Democratic support; however, House Republican leaders withheld floor access absent majority party approval, consistent with Hastert rule application.^[57] These cases illustrate how the rule can sustain gridlock on high-profile issues, prioritizing party discipline over bills polling favorably across aisles, as evidenced by contemporaneous surveys showing broad public backing for elements like immigration pathways and background checks.^[55]

Enabled Party-Driven Achievements

The Hastert rule empowered majority party leaders to prioritize and enact legislation reflecting their caucus's priorities, minimizing reliance on the minority party and reducing internal divisions that could derail key initiatives. During Dennis Hastert's tenure as Speaker from 1999 to 2007, this approach enabled Republicans to advance conservative economic policies amid a slim majority, often passing bills with overwhelming support from their own ranks. By scheduling floor votes only for measures backed by a majority of Republicans, Hastert fostered discipline that translated into substantive policy wins, such as tax relief aligned with the party's platform of reducing government intervention in the economy.^[1] A prime example is the Jobs and Growth Tax Relief Reconciliation Act of 2003 (JGTRRA), signed into law on May 28, 2003, which accelerated income tax rate cuts, doubled the child tax credit to $1,000 per child, and lowered capital gains and dividend taxes to stimulate investment and growth. The bill passed the House on May 9, 2003, by a 231–200 margin, with 224 of 225 voting Republicans in favor—representing 99.6% caucus unity—and just 7 Democrats supporting it, demonstrating how the rule's adherence ensured party-line momentum without needing broad bipartisan buy-in.^[58]^[59] This achievement built on the 2001 Economic Growth and Tax Relief Reconciliation Act (EGTRRA), which had similarly garnered near-unanimous Republican backing in the House (approximately 216 of 221 Republicans), allowing the majority to deliver on promises of fiscal conservatism despite Democratic opposition projecting $1.35 trillion in revenue loss over a decade.^[60] The rule's structure also facilitated other party-driven measures, such as the Class Action Fairness Act of 2005, which reformed tort procedures to curb forum shopping and passed the House 279–149 with solid Republican cohesion, and the Pension Protection Act of 2006, which strengthened defined-contribution plans and garnered 433 House cosponsors predominantly from the majority party. These successes underscored the rule's role in translating electoral victories into policy, as Republican majorities—averaging 15–25 seats during Hastert's era—could govern assertively without the veto power of minority preferences diluting their agenda.^[61]^[62]

References

[1]
The Hastert Rule - Congressional Institute
Jul 17, 2013 · In formulating what is now known as the Hastert Rule, he said such bills would reach the House floor only if “the majority of the majority” ...
[2]
Hastert Rule - Political Dictionary
Origin of “Hastert Rule”. This principle is named after former U.S. Speaker of the House Dennis Hastert (R), who served in the position from 1999 to 2007.Missing: history | Show results with:history<|separator|>
[3]
Discharge petitions are tools of the minority, not the majority
Mar 28, 2025 · The Hastert Rule, when Republicans are in the majority, instructs the Speaker of the House to only bring a bill to the floor only “if the ...
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Definition of the Hastert Rule - ThoughtCo
Jan 28, 2019 · The Hastert Rule is an informal policy in House Republican leadership designed to limit the debate on bills that don't have support from a majority of its ...
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[PDF] A Case Study on the Use of the Hastert Rule
Jan 19, 2014 · Analyzing the House Republican caucus and its use of the Hastert Rule is key to understanding Congress now and in the future. This case study of ...Missing: definition | Show results with:definition
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Oh 113th Congress Hastert Rule, We Hardly Knew Ye! | Brookings
Jan 17, 2013 · That bill involved what we might call a Hastert Rule violation, a roll call vote on which a majority of the majority party votes against a bill, ...
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The 'Hastert Rule' Is Common Sense for Strong Leadership
Oct 23, 2015 · The so-called Hastert rule is simply common sense. No speaker can survive if he or she brings up a series of bills opposed by a majority of his or her party.Missing: core | Show results with:core<|separator|>
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Even the Aide Who Coined the Hastert Rule Says the ... - The Atlantic
Jul 21, 2013 · Feehery actually wrote the speech in which Hastert laid out the rule that bears his name. He coined the catchy phrase "majority of the majority.
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Dennis Hastert: There was no Hastert Rule - PolitiFact
Dec 19, 2013 · Yet, the Hastert Rule has become shorthand for a belief popular among Republicans that has no-doubt shaped GOP policy in the past and present.
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Reaction pours in to Gingrich's decision - November 6, 1998 - CNN
Nov 6, 1998 · "Newt Gingrich has been a worthy adversary, leading the Republican party to a majority in the House, and joining me in a great national debate ...
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Newt Gingrich (1943) – House Speaker, Republican Whip from ...
May 4, 2018 · As Speaker, Gingrich drove the House's agenda to pass the major elements of the “Contract” within 100 days. This was accomplished. However, ...
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Gingrich Redefines Speakership - CQ Almanac Online Edition
By the end of the year, some polls gave him only about a 30 percent approval rating. Many Republicans worried that the Speaker's unpopularity was a liability ...
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The absurdity of the Hastert Rule
Sep 27, 2013 · Hastert is the originator of the “Hastert Rule,” which saith that no House Speaker shall bring to the floor any legislation not supported by “the majority of ...
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The Hastert rule is severely limiting Speaker John Boehner's ability ...
Oct 4, 2013 · The Hastert Rule has been the procedural and philosophical standard of Republican House majorities since 1999. Speaker Boehner obviously does ...
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How unusual is it for the House to fail to pass a rule? A look at ... - CNN
Sep 21, 2023 · ... Newt Gingrich had six rule votes fail during his four-year tenure as speaker (1995-1999), and Dennis Hastert suffered two rule defeats in ...
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Who Broke Congress? Dennis Hastert, Former Speaker, Breaks Two ...
Oct 12, 2017 · A young historian from Georgia finally won a seat in the House of Representatives, after two failed attempts. His name was Newt Gingrich.
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Dennis Hastert's History as Speaker - Sunlight Foundation
Oct 3, 2006 · November, 2004: Hastert announces a policy whereby he will rule by a “majority of the majority.” This policy states that “Congress will pass ...Missing: principle | Show results with:principle
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US intelligence bill runs into obstacles | News - Al Jazeera
Nov 20, 2004 · House Speaker Dennis Hastert pulled the Intelligence Reform and Terrorism Prevention Act of 2004 off the floor minutes before a scheduled ...
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H.R.1 - 108th Congress (2003-2004): Medicare Prescription Drug ...
Directs the Secretary to provide for a special Medicare part B enrollment period for these military retirees beginning as soon as possible after enactment of ...
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The Boehner Rule: A Minority of the Majority?
Mar 7, 2013 · While Hastert relied on a majority of the majority, Boehner may increasingly rely on a minority of the majority together with a majority of ...Missing: origin | Show results with:origin
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The absurdity of the Hastert Rule - NBC News
Even if Boehner sells House Republicans on averting a government shutdown, he may have to violate the Hastert Rule yet again to raise the debt limit, which his ...
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[PDF] Party Brand and Ticking Clock Issues in Hastert Rule Violations
Moreover, while there may be an electoral rationale to allow rolls, theoretically there should also be prevailing electoral reasons to abide by the Hastert rule ...Missing: underlying | Show results with:underlying
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Does Boehner benefit from breaking the Hastert rule? - Good Authority
Apr 13, 2013 · As many legislative scholars have long argued, the Hastert Rule is better thought of as a behavioral norm than a formal rule: At least since the ...
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The “Hastert Rule,” the reason a DACA deal could fail in the House ...
Jan 24, 2018 · Hastert, the longest-serving Republican speaker of the House, coined the “Hastert Rule” in 2003, when he said the “job of the Speaker is not to ...Missing: origin | Show results with:origin
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How Ryan conquered the Freedom Caucus - POLITICO
Oct 21, 2015 · Ryan said he wouldn't pursue immigration reform while President Barack Obama is in office, and vowed that any immigration-related legislation ...
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Democrats protest Ryan's use of The Hastert Rule on the day ...
Jun 23, 2016 · The grievance they air is that Speaker Paul Ryan will not allow Gun Regulation Bills to come to a vote. This stance of not allowing a vote is ...Paul Ryan Would Obstruct Democracy by Backing the 'Hastert Rule'How does the Hastert rule work, and can it be eliminated? - RedditMore results from www.reddit.com
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Paul Ryan's Speakership Makes 7 In A Row Ending In Frustration
Apr 12, 2018 · He generally observed the so-called "Hastert Rule" of only bringing bills to the floor that had the strong support of his own party members.
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Time to Retire the “Hastert Rule” and Return to Order
Oct 29, 2015 · New Speaker of the House Paul Ryan should retire the "Hastert Rule" and lead the House of Representatives back to a place where genuine ...
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Why the Debt Limit Talks Spell Doom for Kevin McCarthy
May 26, 2023 · The common wisdom is that President Joe Biden has let House Speaker Kevin McCarthy run circles around him in the debt limit negotiations.
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Matt Gaetz accuses McCarthy of a horrible act: Compromise
Oct 2, 2023 · This violates what's called the “Hastert Rule,” after disgraced former speaker Dennis Hastert. Under that informal rule, no vote would be held ...
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McCarthy and Losing Rules Votes - Dreier Roundtable
Sep 24, 2023 · Newt Gingrich had six rule votes fail during his four-year tenure as speaker (1995-1999), and Dennis Hastert suffered two rule defeats in his ...
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More House rule votes have failed this week than in the past two ...
Sep 22, 2023 · Two: That's how many times this week a rule for consideration of the House Republicans' own defense spending bill was tanked by conservatives in ...
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Republicans start 2025 with the smallest House majority since 1931
Jan 9, 2025 · The GOP's tiny majority in the House of Representatives could pose a challenge for Speaker Mike Johnson and test the influence of ...Missing: rule | Show results with:rule
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Mike Johnson Tries to Do the Impossible
Apr 23, 2024 · ... Hastert Rule was violated. Johnson's detractors say that in letting Democrats have their way on Ukraine, without extracting a border ...
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House votes to prevent a government shutdown as GOP Speaker ...
Nov 14, 2023 · The House voted Tuesday to prevent a government shutdown after House Speaker Mike Johnson was forced to reach across the aisle to Democrats.Missing: Hastert | Show results with:Hastert
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How a divided House passed critical foreign aid bills | Brookings
Apr 22, 2024 · The US House of Representatives passed four bi-partisan bills in a $95 billion foreign aid package with monies going to aid Ukraine, to the Indo-Pacific region ...
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Rep. Greene and Speaker Johnson meet for a 2nd day as ... - PBS
May 7, 2024 · “Stay tuned,” he said. Greene is also demanding that Johnson abide by the Hastert rule, named for another former Republican speaker, that ...
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Timeline: Marjorie Taylor Greene's feud with Speaker Mike Johnson
May 8, 2024 · April 20: Foreign aid bill package passes. A $95 billion foreign aid package passes, including assistance for Ukraine, Israel and Taiwan.
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Speaker Mike Johnson unveils new strategy to avert government ...
Sep 23, 2024 · On Sunday, Johnson said the House will now move forward with a vote on a three-month stopgap measure to keep the government funded without the ...Missing: Hastert 2023
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House approves new rules protecting Mike Johnson from ouster
Jan 3, 2025 · Under the new rules package, a motion to vacate must have the support of at least nine Republicans.Missing: Hastert | Show results with:Hastert
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Hastert warns Boehner on his 'rule' - POLITICO
Jan 3, 2013 · Hastert, an Illinois Republican who was speaker from 1999 to 2007, is often credited with creating the rule requiring a majority of the majority ...
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Boehner eschews Hastert rule for third time - NBC News
Feb 28, 2013 · Today's House passage of strong VAWA bill was a hard fought victory to preserve and strengthen security of all American women.” *** Editor's ...
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Are the Days of the Hastert Rule Numbered? Some Caution in ...
Mar 1, 2013 · Second, keep in mind that all three of the Hastert Rule violations occurred on legislative measures already cleared by the Senate. Mitch ...Missing: notable | Show results with:notable
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Boehner Pledges to Stick to the 'Hastert Rule' - Roll Call
Mar 5, 2013 · Boehner told reporters after the meeting that the VAWA vote was an outlier and said he would like to abide by the Hastert rule. “We tried ...
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The Discharge Petition: Its History and Role in the 118th Congress
Apr 29, 2024 · Discharge petitions can work in two different ways: by discharging a committee of jurisdiction of a bill that has been referred to it, or by discharging from ...Missing: workaround | Show results with:workaround
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Letting Majorities Rule: The Potential Impact of the Discharge Rule ...
Aug 29, 2013 · Thus, although invoking the discharge petition can be costly, the threat of its use lessens the impact of the Hastert Rule on the House and ...Missing: workaround | Show results with:workaround
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Discharging Their Duties - Congressional Institute
Mar 7, 2008 · The last successful discharge petition was the Shays-Meehan/McCain-Feingold Campaign Finance Reform Act in 2002 while Dennis Hastert was the ...
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Hastert rule undercuts democracy - MySA
Jul 14, 2013 · When issues are thorny, compromise is difficult. When institutional fiat substitutes for simple majority, it is nearly impossible.<|separator|>
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Overcoming the violence of faction - The Washington Post
Oct 16, 2013 · Madison thought minorities could not hold up majority rule, but this, and norms such as the “Hastert rule,” suggest otherwise. A government ...
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John Boehner: Judge Republicans by the laws they don't make
Jul 22, 2013 · And that ensures gridlock, which, if you follow Boehner's logic is ... "Even the Aide Who Coined the Hastert Rule Says the Hastert Rule ...
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House GOP: We Won't Consider Senate Immigration Bill - NPR
Jul 10, 2013 · The Senate bill includes a path to citizenship for illegal immigrants, a provision that's anathema to the majority of House Republicans.Missing: gridlock | Show results with:gridlock
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Dems Say Boehner Blocking Farm Bill, Wants More Food Stamp Cuts
Nov 27, 2013 · Boehner may not use the Hastert rule on the farm bill, but time is running out to reach an agreement. The two sides were supposed to have a ...
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More insidious than any filibuster, 'Hastert rule' locks up House - The ...
The so-called "Hastert rule" requires that no piece of legislation can come up for a vote without support from most members of the majority party. So, in ...
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Boehner: Hastert rule applies - POLITICO
Jun 27, 2013 · Speaker John Boehner says he will not bring up any eventual House-Senate immigration compromise for a vote unless it has the support of the ...
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[PDF] Letting Majorities Rule: - Brookings Institution
Aug 5, 2013 · In short, a determined chamber majority and an esoteric procedure might provide an avenue for passing immigration reform and other gridlocked ...
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Immigration reform delay will be Obama's fault, Boehner says
Feb 6, 2014 · “If we didn't have the Hastert rule, we would pass comprehensive immigration reform. I just don't think it's a refuge for Speaker Boehner to say ...<|separator|>
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The Electoral Costs of Party Agenda Setting: Why the Hastert Rule ...
In line with the Hastert rule, less movement of blockout zone status quo toward the preferences of the chamber median should be expected under Hastert's tenure.
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H.R. 2 (108th): Jobs and Growth Tax Relief Reconciliation Act of 2003
Roll Call Votes; House Vote #182 in 2003 (108th Congress). H.R. 2 (108th): Jobs and Growth Tax Relief Reconciliation Act of 2003. May 9, 2003 at 2:31 p.m. ET.
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H.R.2 - 108th Congress (2003-2004): Jobs and Growth Tax Relief ...
Latest Action: 05/28/2003 Became Public Law No: 108-27. (All Actions) ; Roll Call Votes: There have been 6 roll call votes ; Notes: H.R. 2 is the Tax Cut bill.Missing: Republicans Democrats
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[PDF] Briefing Paper No. 37 The Bush Tax Cuts of 2001 and 2003 A Brief ...
May 6, 2008 · 18 The Senate was evenly split between parties, so Republicans were in control, and could count on the support of Democratic Sen. Zell Miller, ...Missing: breakdown | Show results with:breakdown
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Speaker Hastert Touts a Session of Republican Accomplishments
Dec 17, 2005 · Yesterday, we passed the Pension Protection Act which is going to protect workers and employers. We are continuing to work with the Senate to ...
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THE EVOLVING CONGRESS - GovInfo
... Republicans worked to stay united in backing administration proposals. A major policy success of Speaker Hastert's was winning enactment into law (2003) of ...