The last Congress proves high polarization prevents even bipartisan bills from passing.

The U.S. Congress is navigating yet another government funding deadline — the eighth in less than six months — and are at an impasse over sending aid to key allies in Ukraine, Taiwan and Israel. Divisions among Republicans in the House and Senate killed a major bipartisan border policy bill. Reforms to bedrock programs like Medicare and Social Security are desperately needed but no closer to getting passed. Meanwhile, the House of Representatives spent close to a month without a speaker last year due to infighting between moderate and hard right factions of the Republican party.

When U.S. Representative Chip Roy, a Republican from Texas, begged his colleagues in November to “give me one thing I can campaign on and say we did,” he was articulating what many lawmakers and observers were feeling: Congress isn’t working.

The simplest expression of this is the number of bills passed by Congress. Just twenty-seven bills were passed last year — a record low — but even before that, the number of bills signed into law by the president has been falling.

Congress is passing fewer laws

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A step chart showing the number of laws passed by each Congress since 1973, showing a gradual decline including the highest point of 713 in 1988 to a low of 329 in 2016.

Note: Data does not include the current Congress, which is still in progress.

Source: Center for Effective Lawmaking at the University of Virginia.

Experts point to several reasons for this. One key factor is an increase in polarization — Democrats and Republicans are farther apart ideologically than they’ve been in the last 50 years, according to an analysis by the nonpartisan Pew Research Center. That’s led to a decrease in bipartisanship, a necessary ingredient for bills to pass in a governing body full of checks and balances.

Fewer bills getting through to the president’s desk means the small number of mandatory ones that Congress must pass — such as government funding or annual legislation authorizing defense policies — are getting longer, said Molly Reynolds, senior fellow in governance studies at the Brookings Institution, as lawmakers try to jam the bills with policies that wouldn’t otherwise get a vote.

“Those large packages have come to bear more of Congress’s legislating,” she said. A longer bill takes more time to read, debate and get voted on, slowing down the process further.

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With more policies being shoved into bills increasing in length, the use of policies known as “poison pills” is another hurdle — partisan policies that will be completely unacceptable to the other party. Case in point: Republicans attempting to ban mail delivery of abortion pills via a crucial agriculture funding bill that must be reauthorized every five years.

The length of bills “represents an increasing dysfunction in the institution,” Michael Thorning, director of structural democracy at the Bipartisan Policy Center, said. “Congress has difficulty taking action on a lot of individual pieces because of the politics or because of time constraints, and it’s easier to package some of these things up into ‘must pass’ bills… And then it’s a question of, ‘What can we add to this before it becomes so top heavy that it topples over?’”

The spikes in the number of bills passed correlate with periods when one party controlled all levers of government — House, Senate and the White House. But even when one party controls the majority, “unified party control is not doing as much work as it used to,” Sarah Binder, a professor of political science at George Washington University, said. “The minority party has become especially increasingly aggressive in using the rules of the game, particularly in the Senate, in blocking measures from even going to the floor.”