As the New York Times has reported, impeachment is “threatening to overshadow House Democrats’ attempt to show that they can govern.” No kidding. As the House voted along party lines to formalize the impeachment inquiry last week, that process appears to be starting to compromise Congress’ ability to legislate on even previously bipartisan issues. That is both predictable and consistent with what happened the last time Congress took steps to impeach a president in 1998: little lawmaking got done.

House Democrats have tried to impeach and legislate at the same time with little success. For example, several key committees recently advanced legislation designed to reduce prescription drug prices, an important and bipartisan goal. But when the Ways and Means Committee considered the “Lower Drug Costs Now Act,” Kevin Brady (R-TX), a former Committee chairman with a talent for counting votes, noted the bill “stands no chance of becoming law” because the Republican-held Senate will dismiss the Democrat-crafted bill that he argues will result in fewer cures and treatments, harming Americans afflicted with ALS, Alzheimer’s, cancer and many other diseases. That was underscored by the committee vote: all Democrats (except Lloyd Doggett (D-TX), who voted present) supported the bill and all Republicans opposed it. Expect the same on the House floor.

It doesn’t have to be that way. Both Republicans (including President Trump) and Democrats support legislation designed to reduce prescription drug prices. Trump even had kind words for House Speaker Nancy Pelosi’s (D-CA) drug plan when it was first introduced. But as Republicans noted during committee debate, prior bipartisan work on drug prices was set aside when the committee opted for a Democrat-only approach.

Why did Democrats reject a possible bipartisan deal? One reason could be that the same forces calling for impeachment are driving their internal policy debate to the left — reflected in recent suggestions that even the Speaker’s bill may not be liberal enough for some in her caucus. Other possible causes include more typical Congressional negotiating strategies — like crafting the most liberal House bill possible so any eventual compromise with the Republican Senate is more ideologically to the left. Or maybe it’s so nothing gets done, denying the President a legislative win. But it’s hard to ignore that Democrats’ strategy on this key issue took a hard turn away from bipartisanship just as the impeachment process heated up.

Whatever the reason, impeachment makes enacting legislation harder by causing partisan tensions to fray when compromise is needed across our politically divided institutions. Impeachment also chews up the legislative clock. That’s critical especially in this off year — which may mark the last chance for making law before the presidential campaign gets into full swing. 

We have seen this show before. Reviews of the Clinton impeachment saga in 1998 reveal the same story — little actual lawmaking got done while Congress was distracted by impeachment.

Maybe without impeachment no real lawmaking would happen in the coming year anyway. After all, this town starts with low expectations for getting important work done, especially when bipartisanship is required. But while it’s easy to forget, there have been some noteworthy bipartisan laws enacted during the Trump administration on criminal justice, assistance for veterans, and opioids. Plus Presidents with their political back against the wall have found ways to work with the other party in Congress before. That’s the formula that in 1996 produced welfare reform and a flurry of other laws that probably won reelection for both Democrat Bill Clinton and new Republican majorities in the House and Senate.

Ironically, some see hope for a pending trade deal with Canada and Mexico precisely because that would rebut the suggestion that impeachment may prevent Congress from making law. By this logic, enacting the trade deal means “vulnerable Democrats would be able to demonstrate to constituents that while they may be pursuing impeachment, they are also willing to work across party lines with the president.” But that really reflects what always can happen when members of both parties see advantage in action over inaction and work together.

Even if the trade deal is enacted, Americans will be right to ask why there is not similar cooperation on important legislation like prescription drug pricing or other priorities that matter to them. Messaging bills that stand no chance of making it into law — akin to “legislative virtue signaling” — will probably not be good enough for those who see real problems needing solutions. For them, impeachment will have simply added another barrier to enacting laws that are needed to solve real problems. 

This first appeared in 2019 on the AEI Ideas blog here. 

Image: Reuters.