Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Some good news from the Hill: Congress is standing up for itself, together

Opinion

The Capitol

Soren Dayton and Anthony Marcum arugue, "Members of the Rules Committee have taken the important first step of setting the model for other members and committees."

ajansen/iStock/Getty Images Plus

Dayton is a former House GOP aide and a policy advocate at Protect Democracy, a nonprofit that works "to prevent our democracy from declining into a more authoritarian form of government."Marcum is a governance fellow at the R Street Institute, a pro-free-market public policy research organization.

It is rare these days that people have happy news to share in the nation's capital. But we are here to do just that.

Last week, the House Rules Committee held an extraordinary hearing on ways Congress could reassert authorities it has long ceded to the executive branch. It was extraordinary for its form, its substance and its energy. (And yes, we're still talking about a Rules Committee hearing.)

First, the form. The hearing used principles that were first developed by the Select Committee on the Modernization of Congress. Established just last year, part of the purpose of this rarely discussed Modernization Committee is to "help Congress help itself" with new processes that make it more effective and less polarized.


Last week, the Rules Committee practiced what the Modernization Committee has recently preached. And the result was a hearing conceived on a bipartisan basis, with witnesses picked jointly by committee staff from both parties, and with unlimited time for committee members to probe witnesses and dive more deeply into substantive and complex policy questions.

Beyond these bipartisan successes, perhaps the most important symbolic moment of the hearing was this: Instead of turning over the gavel to another member of his majority, as is almost always done, when Democratic Chairman Jim McGovern of Massachusetts had to leave the room he handed it to the panel's top Republican, Tom Cole of Oklahoma.

To understand the importance of this small but significant gesture, it's important to understand that the Rules Committee's members are appointed by the Speaker with an eye toward making sure the majority always wins. Almost all controversial legislation passes through Rules, which sets the procedures for debating and amending bills on the House floor. The Rules majority has the most lopsided majority of any committee, essentially guaranteeing the Speaker will get the ground rules she asks for.

This means most committee proceedings are entirely party-line affairs. But, last week, as Cole noted in his opening statement, the committee did not function in "usual partisan camps of 9-4" but instead came out 13-0 in favor of improving the institution of Congress.

And this leads to the substance of the hearing, focused on how Congress can reassert national security authorities it has long lost or delegated to the executive branch. In a joint statement announcing the hearing, McGovern and Cole argued that Congress for many years has been abdicating its authority to presidents over such fundamental matters as going to war, monitoring the regulatory process and controlling federal resources and powers during national emergencies. This "has happened regardless of which party controlled Congress or sat in the Oval Office," they noted, and so bipartisan diligence on Capitol Hill will be the only way to recalibrate the balance of power toward the legislative branch.

In his opening, Cole furthered this sentiment, noting that the Founders positioned Congress in Article I of the Constitution for a reason: "It was no accident that they first described the powers entrusted to Congress on behalf of the American people. Indeed, the legislative branch established in Article I remains the most closely connected to the views of our nation's citizens to this day."

The witnesses, who fell across the ideological spectrum, agreed. Testimony from professors Laura Belmonte and Matthew Spalding's provided a historical background of an ever-expanding executive branch coinciding with a legislature that has become more reluctant to use it foreign affairs powers. Professors Saikrishna Prakash and Deborah Pearlstein offered a number of possible reforms.

The hearing's bipartisan goodwill and institutional focus were only surpassed by the committee's genuine energy for reform. In addition to McGovern and Cole, most of the committee attended the entire hearing. This is a rarity in Congress, let alone for a hearing that went on for nearly four hours.

Members had also clearly done their homework. Two members of both the Modernization and Rules committees, Democrat Mary Scanlon of Pennsylvania and Republican Rob Woodall of Georgia, asked detailed questions about Congress' structural role. Republican Debbie Lesko of Arizona emphasized deep thinking about these issues happening across the political spectrum and referred to a recent Republican Study Committee report that included many recommendations about taking back power it has long abdicated. Democrat Donna Shalala of Florida, who was Health and Human Services secretary in the Clinton administration, explained that executive branch officials often "celebrate" this abdication and try to "drive a car through" broadly (or badly) drafted legislation.

Optimism for congressional reform, however, is always marred by subsequent inaction. Members of the Rules Committee have taken the important first step of setting the model for other members and committees. From here, it is up to the public — and the people's branch of government — to continue this important discussion.


Read More

Private Prisons and ICE Exploit Loopholes, Harm Communities

Delaney Hall Detention Facility, Newark, New Jersey.

(Photo by Andrew Lichtenstein/Corbis via Getty Images)

Private Prisons and ICE Exploit Loopholes, Harm Communities

While Immigration and Customs Enforcement (ICE) terrorizes Black and brown communities with racial profiling, kidnappings, inhumane treatment, fatal abuse, and killings, private prison investors are asking how ICE can detain more people to increase their profits. Private prison corporations have long profited from immigration enforcement, but they are expecting a financial windfall under the current administration. These corporations are politically and financially situated to rapidly increase detention capacity and cash in on the president’s goal of deporting one million people per year. Stopping these corporations from lining politicians’ campaign coffers is a necessary first step in ensuring that our government is accountable to the people it serves, rather than the corporations it contracts with.

ICE and private prison corporations have long had a symbiotic relationship. Ninety percent of ICE's detainees were already being held in facilities owned or operated by private prison corporations before President Trump began his second term. CoreCivic and GEO Group, two of the largest private prison corporations that lead the multi-billion dollar industry, have been contracting with immigration enforcement for decades. By 2023, ICE contracts accounted for 43 percent of CoreCivic’s revenue and 30 percent of GEO Group’s revenue. The majority of each corporation’s lobbyists have held government positions, and GEO Group’s board of directors “has extensive links with ICE.” The relationship between private prisons and ICE is the embodiment of the “'revolving door’ between the federal government and the private sector.”

Keep ReadingShow less
Federal Register Reports being printed out of a large machine.

Congress should strengthen the administrative state by writing clearer laws, limiting delegated authority, and requiring periodic reauthorization of agency powers.

Photo courtesy of Luka Jacobi-Krohn

Putting the Guardrails Back on Delegations of Power

Congress needs to write better laws instead of dismantling the administrative state.

Debates over the administrative state focus on whether these agencies have accrued too much power. Some argue that the solution is to severely weaken or, in extreme scenarios, dismantle these federal agencies. However, the issue is not the existence of these agencies but actually how Congress writes its laws. When statutes are drafted with vague language, agencies are left to interpret the scope, and courts are forced to set the boundaries. This results in constant litigation and generally regulatory instability. If Congress actually wants a more durable and accountable regulatory system, they need to start with themselves by writing clearer laws.

Keep ReadingShow less
Businesspeople walking in line across world map, painted on asphalt

America's immigration debate reflects a deeper question: Does America still believe in itself? A historical look at immigration, assimilation, and American identity.

Klaus Vedfelt / Getty Images

What Immigration Debates Reveal About National Confidence

America has spent 250 years arguing about immigrants.

But beneath the arguments about visas, walls, asylum claims, deportations, and border security lies a more uncomfortable question:

Keep ReadingShow less
The U.S. flag, waving, with the ends of it frayed.

The U.S. is falling short of what its national wealth makes possible for its people.

Americans Are Not As Well Off As People in Peer Nations – Us Safety Net’s Shortfalls Show Up in Global Data

As the United States celebrates the 250th anniversary of its Declaration of Independence, the global data we collect and analyze shows that the country is failing to “promote the general Welfare,” as the Constitution’s framers promised a little more than a decade later.

We are scholars of human rights. Alongside the Human Rights Measurement Initiative, a nonprofit that tracks how well more than 200 countries and territories are meeting the human rights commitments their governments have made, we annually update scores measuring whether people can actually get the basics of a decent life, such as healthcare, adequate food and a quality education.

Keep ReadingShow less