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Congress’ knowledge deficit renders it powerless

U.S. Capitol

"The imbalance of knowledge between Congress and executive agencies leads to an imbalance of power and vice versa," writes M. Anthony Mills.

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Mills is associate vice president of policy at the R Street Institute, a nonpartisan and pro-free-market public policy research organization.

"Knowledge is power." The phrase is attributed to Francis Bacon, the so-called father of modern science, who believed that scientific knowledge enables the mastery of nature and the "relief of man's estate." Although Bacon himself was interested primarily in scientific and technological progress, the connection between knowledge and power is also a political problem — and one that is particularly pertinent today.

Knowledge has always been necessary for making laws and political decisions. But in modern times, scientific knowledge in particular has become indispensable for governing — and not only because modern states make decisions about overtly scientific matters like research funding, environmental protection and space exploration. Administering public policies, from health care and welfare to regulation and taxation, relies on various types of scientific knowledge. And it is, for the most part, carried out by executive agencies staffed by experts.

Over time, such agencies have acquired legislative-like powers — the authority, in effect, to make law by interpreting deliberately vague or broad statutes. One rationale for Congress' delegation of this power to the executive branch has to do with knowledge: Congress lacks the requisite expertise, whereas executive agencies do not. This is in part Congress' own fault, since it has, over time, depleted its own in-house expertise — by, for example, reducing expert staff and dismantling the Office of Technology Assessment. The imbalance of knowledge between Congress and executive agencies leads to an imbalance of power and vice versa.

This is problematic on three counts.


  • The Constitution empowers Congress, not the executive branch, to make laws. It may not be realistic to expect Congress to function without some amount of delegation but, at the very least, Congress needs sufficient expertise — knowledge — to conduct meaningful oversight of the agencies to which this power is delegated.
  • Congress is the Constitution's most democratic branch. Its members are elected representatives whereas, aside from the president, the executive branch is comprised of political appointees and unelected civil servants and contractors. Congress is therefore more directly responsive to democratic pressures. This arrangement may not always issue in technically sound policy, but it does allow for a higher degree of accountability.
  • There is good reason to think that, on the whole, knowledge is more effectively used for political ends when it is not insulated from democratic pressures. Thinkers across the political spectrum have noted the temptation of modern nation states to instrumentalize knowledge for their own ends — and the problems that can result.

On the left, James C. Scott and Michel Foucault have pointed to the ways in which modern states produce knowledge in order to exert control over their populations. Without knowledge — including demographic, health and geographic data, as well as information about the flows of goods and people — the state is blind and unable to exercise its power. Yet such knowledge inevitably simplifies or even falsifies reality, and so can undermine the state's attempt to exert control. Sometimes the results are disastrous.

On the right, Michael Polanyi and Friedrich von Hayek have argued that central planning requires the planners to possess a knowledge of the vast array of complex systems that comprise the modern economy. Yet such knowledge is by its nature dispersed across these systems, existing only in decentralized form among the participants and practitioners. Thus centralized planning will fail because the planners will always lack adequate knowledge of how socioeconomic systems function.

The upshot of such arguments is not so much that the government cannot or should not rely on expert knowledge, but that attempts to insulate such knowledge from democratic accountability ends badly. We can attenuate this temptation by equipping Congress with more and better knowledge. By shifting knowledge back into the legislative branch, we can help shift power back to the people and their representatives.

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Defending Democracy in the Heart of Democracy - Washington, D.C.

The Crisis in Our Capital

Washington, D.C. is at the center of American democracy. Yet today, its residents — taxpayers, veterans, workers, families, people like you an I, American citizens — are being stripped of their right to self-government. The recent surge of out-of-state National Guard troops into the District under federal order has highlighted a deep flaw in our system: D.C. does not have the same authority to govern itself that the 50 states enjoy.Keith

We are told this militarization is about “public safety,” but violent crime in D.C. is near a 30-year low . What we are witnessing is not a crime-fighting measure, but an unprecedented encroachment on local authority. The consent of the people — the foundation of democracy — is being sidelined to pursue a political or even personal agenda.

The Ethical and Constitutional Problem

Legally, a president can request National Guard support through interstate compacts. But legality is not the same as legitimacy. True democracy requires consent, not unilateral fiat. Under the Home Rule Act, federal control over D.C. is only supposed to last 30 days in emergencies. Yet the use of state-based National Guard units circumvents this safeguard and seems to demonstrate a hidden agenda. This is a loophole — one that undermines D.C.’s right to self-governance and sets a dangerous precedent for federal overreach.

An Urgent Legislative Answer

It is not enough to critique the abuse of power — we must fix it. That is why I have drafted the D.C. Defense of Self-Government Act, which closes this loophole and restores constitutional balance. The draft bill is now available for public review on my congressional campaign website:

Read the D.C. Defense of Self-Government Act here

This legislation would require explicit, expedited approval from Congress before federal or state National Guard troops can be deployed into the District. It ensures no president — Republican. Democrat or Independent — can bypass the will of the people of Washington, D.C.

This moment also reminds us of a deeper injustice that has lingered for generations: the people of Washington, D.C., remain without full representation in Congress. Over 700,000 Americans—more than the populations of several states—are denied a voting voice in the very body that holds sway over their lives. This lack of representation makes it easier for their self-government to be undermined, as we see today. That must change. We will need to revisit serious legislation to finally fix this injustice and secure for D.C. residents the same democratic rights every other American enjoys.

The Bigger Picture

This fight is not about partisan politics. It is about whether America will live up to its founding ideals of self-rule and accountability. Every voter, regardless of party, should ask: if the capital of our democracy can be militarized without the consent of the people, what stops it from happening in other cities across America?

A Call to Action

When I ran for president, my wife told me I was going to make history. I told her making history didn’t matter to me — what mattered to me then and what matters to me now is making a difference. I'm not in office yet so I have no legal authority to act. But, I am still a citizen of the United States, a veteran of the United States Air Force, someone who has taken the oath of office, many times since 1973. That oath has no expiration date. Today, that difference is about ensuring the residents of D.C. — and every American city — are protected from unchecked federal overreach.

I urge every reader to share this bill with your representatives. Demand that Congress act now. We can’t wait until the mid-terms. Demand that they defend democracy where it matters most — in the heart of our capital — because FBI and DEA agents patrolling the streets of our nation's capital does not demonstrate democracy. Quite the contrary, it clearly demonstrates autocracy.

Davenport is a candidate for U.S. Congress, NC-06.
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