Outdated and Dangerous: Why Robert’s Rules of Order Are Failing America

By: Brendi Wells

As legislation grows more complex and voluminous, America’s Constitutional Republic is increasingly burdened by outdated systems that fail to ensure transparency, accountability, and informed decision-making. Rooted in the 19th-century framework of Robert’s Rules of Order, the procedural systems governing Congress are being criticized for their inability to support the constitutional principles of representative government. Instead, these systems often promote a dangerous form of mob rule disguised as “democracy,” eroding the very foundations of the Republic.

Contrary to popular belief, America is not a democracy but a Constitutional Republic—a system designed to protect individual rights through a framework of laws and checks and balances, ensuring that decisions are made through reasoned deliberation rather than the whims of majority rule. However, the current legislative process has evolved into a tool that undermines these principles, prioritizing speed and superficial consensus over informed, principled governance.

From Constitutional Republic to Procedural Mob Rule

The procedural framework of Robert’s Rules of Order, first published in 1876, was intended to provide fairness and order in decision-making. While this system may have worked in an era of simpler governance, it has become a liability in today’s legislative environment.

Superficial Debate and Limited Comprehension

• Bills now routinely span thousands of pages, far beyond the ability of lawmakers to read and understand in the time allocated. For example, the 2,000-page Affordable Care Act was passed under circumstances where even its proponents admitted they had not fully reviewed the bill.
• Strict time limits and procedural hurdles suppress meaningful debate, leaving little room for reasoned analysis and turning legislation into a numbers game of majority votes rather than principled deliberation.

Legislation by Majority Whim

• The current system allows a simple majority to push through legislation, often without sufficient scrutiny. This resembles mob rule—majority control at the expense of minority voices—contrary to the careful deliberation envisioned by the framers of the Constitution.
• Omnibus bills, which combine disparate issues into a single vote, exemplify this problem. Lawmakers are often forced to vote on packages that include unrelated or controversial provisions hidden within thousands of pages.

Hidden Provisions and Lack of Accountability

• The complexity of modern bills allows hidden provisions to be buried within their text, bypassing both public scrutiny and lawmaker understanding. This is not governance by principle but by manipulation.

The Role of Technology in Restoring Republican Principles

With the advent of advanced technologies like artificial intelligence (AI), America has the tools to reform its legislative process and return to the principles of its Constitutional Republic. AI can help lawmakers deliberate more effectively, ensuring that decisions are based on informed reasoning rather than rushed, majority-driven votes.

How AI Can Transform Governance?

1. Deep Analysis of Legislation
   • AI can break down multi-thousand-page bills into clear summaries, flagging provisions that conflict with constitutional principles, established laws, or ethical norms.
   • This analysis can help lawmakers identify and debate problematic sections rather than blindly voting on an unread document.
2. Empowering Reasoned Debate
   • AI tools can provide lawmakers with real-time insights during debates, allowing for discussions to focus on key issues rather than procedural formalities.
   • By highlighting controversial provisions, AI ensures that critical issues receive the attention they deserve, protecting the rights of all citizens.
3. Enhanced Transparency
   • AI-generated summaries can be made publicly available, enabling citizens to understand legislation and hold their representatives accountable. This transparency aligns with the principles of a Constitutional Republic, ensuring that governance is based on informed consent rather than manipulated votes.
4. Flexibility and Depth in Debate
   • By using AI to identify key sections of legislation, Congress can allocate debate time where it is most needed, rather than adhering to arbitrary time limits. This reform would ensure that lawmakers fully understand the implications of their decisions.

The Dangers of Maintaining the Status Quo

The current system of legislative procedure is a betrayal of the Republic’s founding principles. By enabling mob rule disguised as “democracy,” it allows a majority to impose its will without sufficient deliberation or accountability. This erosion of republican governance has led to:

• Unintended Consequences: Hidden provisions and poorly understood laws have far-reaching impacts on citizens, businesses, and the economy.
• Public Distrust: The lack of transparency and accountability fuels mistrust in government, with citizens increasingly perceiving lawmakers as disconnected from their needs.
• Erosion of Individual Rights: When legislation is passed without full understanding or scrutiny, the rights and freedoms of individuals are often sacrificed for expediency.

A Call to Action: Modernizing the Legislative Process

The legislative process must evolve to meet the challenges of modern governance. Reforming outdated procedures is not just a matter of efficiency—it is a moral imperative to uphold the principles of the Republic. Congress and other government bodies must:

1. Adopt AI Tools: Invest in AI-driven platforms to analyze legislation, enhance debate, and provide transparency.
2. Prioritize Deliberation Over Expediency: Extend debate time where necessary to ensure lawmakers fully understand the implications of their decisions.
3. Promote Accountability: Make legislative analyses and debates publicly accessible to restore trust and ensure that lawmakers are held accountable for their votes.

Restoring the Republic

The integration of AI offers a pathway to restore transparency, accountability, and informed decision-making. By embracing these tools, lawmakers can return to the deliberate, reasoned governance envisioned by the Founding Fathers. Importantly, humans must always remain in control of these AI systems. The role of AI should be to prioritize the most critical issues, allocate sufficient time for debate, and ensure that lawmakers are heard, understood, and fully informed. This approach will guarantee that legislation is clear to all parties involved and that no hidden clauses can slip through unnoticed. The stakes are too high to delay reform—America’s future as a Constitutional Republic depends on it.