Polarization is at record levels. Approval of Congress sits near historic lows. Yet data from the Miller Center at the University of Virginia finds that enacted laws are almost as bipartisan today as they were 50 years ago. The gap between the perception and the reality of congressional cooperation is the story most people aren’t paying attention to.
According to research published by the Miller Center at the University of Virginia, the continuous need for bipartisanship to successfully pass laws is perhaps the single most important fact about Congress’s role in the American political system — and despite long-term polarization, Congress still rarely passes laws on party-line votes. The data is specific: across the past decade, an outright majority of the minority party voted for 64 percent of important laws enacted; at least 10 percent of the minority voted in favor of 90 percent of important laws since 2012. Partisan gridlock generates the headlines. Quiet bipartisan dealmaking generates most of the legislation.
Bipartisanship in Congress — Key Numbers – 90%
Important laws since 2012 backed by at least 10% of the minority party — Miller Center/UVA – 64%
Important laws where a majority of the minority party voted yes — Miller Center – 75%
Time since 1980 that different parties have controlled Congress and presidency – 8 Dems
Senate Democrats who joined Republicans to end the Dec. 2025 government shutdown
Why Bipartisanship Hasn’t Disappeared — Even When It Looks That Way
Three structural features of the American political system make bipartisanship mandatory for most consequential legislation. The first is divided government — different parties controlling Congress and the presidency — which has been the normal state of affairs three-quarters of the time since 1980. The second is the Senate filibuster, which requires 60 votes to advance most legislation, giving the minority an effective veto. The third is that even in moments of unified party control, slim House majorities routinely require cross-party votes to survive internal defections.
Research by Craig Volden and colleagues at the Center for Effective Lawmaking, analyzing more than 40 years of congressional data, found that legislative effectiveness rises when members build bipartisan coalitions — and this pattern holds for both majority and minority legislators over time. The Lugar Center’s Bipartisan Index consistently finds cross-party cooperation among rank-and-file members that is invisible in coverage of floor votes and leadership statements.
Where Bipartisan Deals Are Most Likely in 2026
| Policy Area | Bipartisan Outlook | Basis |
|---|---|---|
| Highway reauthorization / infrastructure | Likely | Holland & Knight’s 2026 legislative outlook identifies near-universal reliance on federal highway dollars (~$50B annually) and upcoming midterm elections as strong drivers for bipartisan reauthorization before November. |
| AI and technology export controls | Likely | National security framing creates cross-party consensus; bipartisan bills already introduced. |
| Emergency management reform | Likely | H.R.4669 has bipartisan sponsorship from both the House T&I Committee Chair and Ranking Member. |
| Children’s online safety | Possible | Vermont enacted bipartisan age-appropriate design legislation in 2025; federal version under Senate review. |
| Immigration reform | Unlikely | Comprehensive reform has failed repeatedly; no framework commands core constituency support from both parties. |
| Healthcare costs / drug pricing | Unlikely | Incremental provisions possible; comprehensive reform faces fundamental disagreement. |
The December 2025 Shutdown — A Case Study in Grudging Cooperation
The most recent example was also the least graceful. In December 2025, a prolonged government shutdown threatened to cost the U.S. economy $7 to $14 billion. Eight Senate Democrats joined nearly all Republicans to move a temporary spending bill forward. New Hampshire Senator Jeanne Shaheen said: “It was our best chance to reopen the government and stop punishing ordinary Americans.” The deal was not ideologically satisfying. It was a response to stalemate becoming too costly to maintain.
“In today’s closely divided and highly polarized political climate, partisan all-or-nothing policy proposals cannot solve the nation’s pressing policy problems. Lawmakers who recognize this, and do the hard work to form broader coalitions, have been finding much greater success.”
— Craig Volden, Professor of Public Policy and Politics, University of Virginia
The pattern Shaheen described — cooperation re-emerging when the cost of polarization becomes palpable — is consistent across the historical record. From the Marshall Plan to Medicare, American political history demonstrates the capacity for cross-party consensus when conditions demand it. The question for the 119th Congress is not whether bipartisan cooperation is structurally possible. The data shows it is. The question is whether the political cost of cooperation — in primaries and base enthusiasm — remains low enough for enough members to pay it.
Primary Sources
- The Continuing Necessity for Bipartisanship — Miller Center, University of Virginia (Mar. 2024)
- Bipartisanship the “Secret Sauce” for Effective Lawmaking — UVA Batten School (Center for Effective Lawmaking)
- Bipartisan Index — The Lugar Center / Georgetown University McCourt School
- 2026 Legislative & Regulatory Outlook — Holland & Knight (Dec. 2025)
- Congress Compromises, Averts Prolonged Shutdown — Valley News (Dec. 3, 2025)