2014 Mid-Term Congressional Elections Analysis

INTRODUCTION The mid-term elections were notable for two reasons, one historical, one prospective. The Senate elections on Tuesday marked the 100th year of direct elections of Senators pursuant to the 17th Amendment, which became effective in 1913, superseding Article I, section 3, of the Constitution, under which Senators had until then been elected directly by state legislatures. With voters having cast their ballots, President Obama and the Republican Congress should be able to accomplish a great deal if they seize the opportunity. What might motivate them to work together? The President now has two remaining years in office, time in which he is expected to focus on legacy issues. As he has already demonstrated, the President is prepared to act unilaterally, through Executive Orders and through rulemakings underway or contemplated. But surely the President could reduce potential future litigation risks and advance his legacy by working with Congress, though that will require a change of approach and a willingness to compromise.