www.aclu.orgJOIN THE ACLUTAKE ACTIONABOUT US
ACLU Blog of Rights - Official Blog of the ACLU National Office American Civil Liberties Union Homepage Blog of Rights Homepage Support the ACLU
Sep 4th, 2008
Posted by Ian Thompson, ACLU at 12:45pm

Congress-ese: Unanimous Consent — The Golden Child of the Legislative Process

Our word today is Unanimous Consent. You can basically think of it like this — if parliamentary tactics somehow formed a family (cute, huh?) and the filibuster (which we'll explain tomorrow) was the black sheep (aww…poor little fella), unanimous consent would be the favorite child (you know the type).

Unanimous consent is a device used to expedite the legislative process through the mutual agreement of all representatives or senators. Proceedings in the House of Representatives or the Senate and action on legislation (including passage) often take place upon the “unanimous consent” of the members of the respective chamber.

Believe it or not, Congress considers a lot of bills during a congressional session (granted, a fair amount aren’t worth their weight in salt) and if it had to spend untold hours every day on debating and voting on the naming of naming post offices, well, nothing would ever get done. Unanimous consent allows for a fast-tracking of the tedious and time-consuming aspects of the legislative process. The key to unanimous consent is that it can only be used when all members agree. If even one member objects, that’s it. Deal off! Capiche?

Just like any other parliamentary device, unanimous consent can be used for both good and…well how about an example? Late last year, the Senate passed S. 456, the Gang Abatement and Prevention Act by unanimous consent. The ACLU had a lot of problems with this punitive-heavy legislation, not the least of which was the fact that it contained provisions to further provide for juveniles to receive sentences of life without the possibility of parole. Fortunately, it has not advanced in the House of Representatives.

While unanimous consent certainly is convenient in that it allows the process to proceed in a much timelier, expedited manner, you have to keep your eyes peeled for the occasional unwelcome surprise.

Tags: Civil Liberties News, Congress-ese, lawmaking

A Blog of Rights Service Announcement: We are currently implementing some exciting new changes to this website. While we work on this, blog comments have been disabled. But they'll be back up ASAP, so hold that thought and you'll be able to submit your comment soon.

3 Responses to "Congress-ese: Unanimous Consent — The Golden Child of the Legislative Process "

  1. Avendora Says:

    If only people knew some of the more seriously important laws that got passed in the same manner as the naming of Post Offices.

    The Adam Walsh Act to name one...

  2. Brett Bellmore Says:

    The key term which needs to be brought up in the context of "unanimous consent" is "quorum"; "Unanimous consent" is a way of circumventing the quorum requirement, a clause of the Constitution the ACLU ought to be as concerned about as any other.

    It's easy to get unanimity when there are only three or four members present, and they agree not to have a roll called to expose that fact.

  3. Non-Compassionate Liberal Says:

    Capiche? If you meant the Italian word for "Do you understand?", then it should be spelled "capice."

Comment

 

© ACLU, 125 Broad Street, 18th Floor New York, NY 10004
This is the Web site of the American Civil Liberties Union and the ACLU Foundation.
Learn more about the distinction between these two components of the ACLU.

User Agreement | Privacy Statement | FAQs | Site Map

Statistics image