A recently published volume, The Folkways of Congress: Legislating Norms in an Era of Conflict, edited by Brian Alexander of Washington and Lee University, offers a sobering look at how the unwritten rules governing Capitol Hill have shifted dramatically. The book, discussed last week in a Brookings Institution online forum, compiles 16 chapters from political scientists, former lawmakers, and staff—revealing a chamber increasingly defined by partisan warfare rather than the old customs of mutual respect and compromise.
Alexander writes in his introduction that while norms traditionally facilitated institutional cooperation, the 21st-century Congress has seen a surge in what he calls “norms of conflict.” The collection, which includes an afterword by this author, paints a stark picture: the informal codes that once held the institution together—bipartisanship, forbearance, civility—now seem like relics. As one participant noted, the very word “norm” feels almost ironic when set against today’s reality of floor fights and committee insults.
The book’s contributors offer a mixed verdict. Political scientists, observing from a more detached vantage, tend to balance hope with concern, acknowledging the observable decline in bipartisan cooperation and public trust. But practitioners like former Sen. Olympia Snowe (R-Maine) and former Rep. Daniel Lipinski (D-Ill.) are more pointed. Snowe argues that norms only hold power when broadly accepted, lamenting that too many bills are now crafted behind closed doors, with members reduced to theatrical messaging. Lipinski notes that the customs of inclusivity on floor amendments have decayed, replaced by “negative norms of partisanship, tribalism, and contempt.”
A standout chapter comes from the late Elise J. Bean, a longtime Senate staffer for Sen. Carl Levin (D-Mich.). Bean distills a dozen norms that guided Levin’s oversight investigations, emphasizing bipartisanship, civility, and transparency. Levin’s mantra—“You can’t have good government without good oversight”—underscores her argument that bipartisan inquiries yield better results. Her chapter, drawn from nearly 40 years of experience, offers a rare hopeful note, suggesting that such constructive practices can still function, even if less frequently than in the past.
The volume also touches on how negative norms have reshaped everything from budgeting to maiden speeches in the Senate. The cumulative effect, as one reviewer put it, is “gobsmacking.” While positive norms still exist—enabling the institution to operate, however imperfectly—the balance has tipped. The book calls attention to this tension, urging readers to recognize that the pendulum of congressional culture may yet swing back, though the path is uncertain.
This erosion of norms isn’t isolated to Capitol Hill; it mirrors broader trends in American politics. The decline in civility has real consequences, from legislative gridlock to declining public confidence. As the U.S. faces complex challenges—including geopolitical tensions like the erosion of global norms in foreign policy—the ability of Congress to function effectively is more critical than ever.
For policymakers and voters alike, The Folkways of Congress serves as both a diagnosis and a warning. It reminds us that while norms are unwritten, their absence is deeply felt.
