Senators Who Might Create an Independent Caucus

February, 2026

Washington — It was heartening yesterday to hear Robert Kagan, former Republican and current writer at The Atlantic, note that four Senate Republicans have it in their power to preserve American democracy.

"I would like to think that some Republicans - it only takes four in the Senate - might stand up for democracy and preserving the American system...."

This corresponds with my previous blog post, the most common response to which has been: who might they be?

One possible group of four Republicans would be those not running for re-election who could register and caucus as independent for the remainder of 2026, namely Senators Tillis, Ernst, McConnell, and Lummis, all of whom have been attacked by the president to one degree or another. They could be joined by four Democrats not running, namely Senators Smith, Durbin, Shaheen, and Peters, to form an independent caucus to vote as a group on questions of checks and balances.  (Noted: Senators King and Sanders are already independent.)

Another possible group could be eight women senators, four from each party, such as Ernst, Lummis, Murkowski, Collins, Shaheen, Smith, Rosen, and Cortez Masto.  Each has demonstrated an independent streak from time to time. They could be known henceforth as Eight Women Patriots Who Stepped Up to Save America, so to speak.  Others might want to join them.    

If an independent caucus of eight senators were now in place, it could be instrumental in asserting Congressional powers over ICE, currently much in dispute.  There is not a moment to lose.   


 

  

 

WANTED: Eight Patriots

January, 2026

Washington — Wanted:  Four Republican U.S. senators who will put their country and the institution of the Senate ahead of partisanship by changing their voter registration to independent.  Also wanted: Four Democratic senators who will simultaneously do the same, to form a new, unaffiliated, independent caucus of eight, so no party has a majority, and Senate actions for the remainder of this term will be bipartisan or nonpartisan.  

The purpose of the caucus will be to protect Article I powers from being eroded or destroyed by Article II powers, in the best tradition of our constitutional checks and balances.  The caucus of eight (or more) will work to make certain that the Senate's legislative exercise over the power of the purse, declaration of war, advice and consent in nominations, progress of science, ratification of treaties, control of commerce with foreign nations, and other constitutional powers are not ceded to the executive.  With the successful efforts of this caucus, no longer will party constriction be the instrument of dissolution of Congress.  No party on its own will have the necessary votes.  The Senate can get back to doing its job.  

An initial question will be whether members of what might be called the "Article I Caucus" retain their current committee assignments.  Precedent suggests they do, but if they don't it is not crucial to the caucus's success.  Those who join may be leaving the Senate anyway and are not looking to build up committee seniority. The same motivation might apply to senators whose committees have been losing meaningful work to Article II overreach. 

The public at large will applaud senators who put patriotism and allegiance to the Constitution ahead of party.  This is not a close call.  The same process could be used in the House, to the same approbation.  

Those who follow the careers of individual senators and representatives closely will know that there are likely to be at least the requisite number of both Republicans and Democrats who would be willing to change their voter registration to independent and join an Article I Caucus — some with relish out of frustration with their parties; some out of pure patriotism; some because they need redemption from past actions for which they have not yet atoned.  

Article I's fate in 2026 must not be a repeat of 2025.  This is a way to make sure that it won't be.