Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Congress needs to reassert its authority

Opinion

White House, Capitol, Supreme Court

Congress must reclaim its authority as laid out in Article I of the Constitution, writes former Rep. Tom Davis.

filo/DigitalVision Vectors

Davis represented Virginia in the House of Representatives from 1995 to 2008 as a Republican.

It seems that every day Congress takes a verbal beating from President Trump, the press and the public. In addition, there are many long-time members of Congress who have built their reputations on running against the institution, which at last count was running a 12 percent to 15 percent favorable rating among American voters.

This has spawned a small cottage industry of media, think tanks and academicians all of whom have been proposing "reforms" to make the system work the way it was supposed to work – as an Article I, independent branch of government, utilizing its checks and balances on the other two branches of government on behalf of the American public.

Most of these recommended reforms – although well-meaning and, occasionally, thoughtful – are chopped up in the partisan meatgrinder of congressional inaction.


How did Congress get so far off track and how can it be fixed? It starts with the voters themselves who no longer vote the person, but vote the party. Straight-ticket voting is at its highest level in history. For example, only one of the 50 states has a split legislature (Minnesota); the number of states with split U.S. Senate delegations is at the lowest point in more than 50 years; and in 2016 zero states split their presidential and U.S. Senate votes for the first time in history.

Most members in both bodies view their party nominating contests as their only significant barrier to re-election. We know that voters who participate in the party nomination selection are a thin slice of the electoral pie, punishing compromise and demanding purity. This is what we call "parliamentary" voting patterns, where party affiliation trumps the individual candidate.

So, who can blame members when they come to Washington and vote with their primary electorates? They behave, as their votes indicate, as if this were a parliamentary system, rather than the balance of powers structure our founders envisioned. This has evolved in such a manner that in Congress the members from the same party as the president have become a mere appendage of the executive branch, protecting their president, slamming the door on investigations and viewing their success as tied to the popularity of their president.

And the minority party no longer views itself as a minority shareholder in our government. It has turned into the "opposition party," filibustering nearly everything in the Senate and making what were once routine votes on confirmations and debt ceilings a default "no" vote – at least until they are able to put the majority party members on the board.

This new status quo has been building for years and efforts to enhance transparency, adopt stricter ethics rules and enhance campaign finance reform do not address the major problems, though some initiatives, such as redistricting reform could help.

Congress has also punted in exercising its authority when any issue of controversy presents itself. Major legislation passed by partisan majorities leave most of the actual legislative changes to the executive branch in the writing of regulations. Even project designations (i.e., earmarks), a congressional prerogative under the "power of the purse," have been delegated to the executive branch.

There is no easy way to reverse this trend, which has been escalating over the past 50 years, but here are a few suggestions that may help.

If Members don't want to raise their own pay, no one cares. (They have not had a salary increase in a decade.) However, they shouldn't put these same restraints on their staff, particularly at the committee level. Staff deals every day with experienced, highly paid lawyers and lobbyists on one end and federal senior executives on the other – all of whom earn more and, on balance, are better trained. The result of this inequity is "brain drain," as intelligent and more experienced congressional staff are moving to K Street to take high-paying jobs with lobbying firms and trade associations. Thus, raising staff pay could help to level the playing field as it would incentivize experienced staff to continue their tenure, offering institutional knowledge and expertise in writing legislation.

Expanding the staff of the Government Accountability Office and Congressional Research Service would enable Congress to enhance its responsibility to provide executive branch oversight and to follow through on some hard research on pending issues.

The GAO has been an underutilized tool that allows Congress to measure the effectiveness of federal programs, contracts and transactions. This highly trained staff of accountants and consultants can serve as unbiased, nonpartisan umpires, assessing the value of executive branch decisions without the partisan charged hoopla that infests many congressional inquiries. At a time when much of the news media has taken sides on various issues and programs, it is critical that Congress employ an honest broker to call the balls and the strikes.

The current GAO staff is a fraction of what it once was and what it could be. When pitted against an executive branch bureaucracy, it is totally mismatched in resources. Restoring and enhancing this investigative tool can do much to restore Congress as a coequal branch of government.

Likewise, the CRS allows individual members access to information and research that can lead to innovation and a solid basis for legislative inquiry. Its staff has also been reduced, which hampers the legislative branch in its aspiration of equality with the executive branch.

Although most "reform" efforts center around campaign finance, ethics, redistricting, etc., they remain highly polarizing issues, as each side views these issues through its own partisan lens, asking how each reform will advantage or disadvantage electoral prospects.

However, hiring and maintaining a professional staff should be appreciated and nurtured by both parties, as it addresses the legislative and oversight process itself. The alternative is for the Congress to continue to atrophy as more power and talent shifts to the executive and judicial branches, or to the private sector. This was not contemplated by the founders and is not beneficial to either party or the American form of government.


Read More

White marble exterior of the United States Capitol, often called the Capitol Building, is the home of the United States Congress and the seat of the legislative branch of the U.S. federal government

This week's congressional agenda includes anti-fraud legislation, ICE funding, FISA Section 702 renewal debates, and major committee hearings.

Richard Sharrocks / Getty Images

Fraud, Funding, and FISA

Fraud

This week in the House is Fraud Week based on the large number of bills likely to receive a vote that in some way are intended to decrease or eliminate many different kinds of fraud. Example bills up for a vote include:

Funding

One bill will likely become law this week if it passes the House:

Keep ReadingShow less
Anti-gerrymandering sign

Florida's new congressional map, the Supreme Court's Callais decision, and challenges to voting rights protections raise urgent questions about redistricting, representation, and democratic accountability.

Bill Clark/Getty Images

Florida’s New Map and the Shrinking Window for Accountability

When the Lines Began Moving Faster Than the Law

On May 4, Governor Ron DeSantis signed Florida’s new congressional map into law. The Legislature had passed it five days earlier, 83 to 28 in the House and 21 to 17 in the Senate. The map redraws four districts in ways that election analysts project would shift them from competitive or Democratic-leaning to safe Republican, potentially expanding a delegation Republicans already control 20 to 8.

The same day the Legislature voted, the Supreme Court decided Louisiana v. Callais. The Court ruled 6 to 3 that Louisiana’s majority-minority district could not survive Equal Protection scrutiny under the standards applied by the majority. In her dissent, Justice Elena Kagan wrote that the ruling “renders Section 2 all but a dead letter” in redistricting.

Keep ReadingShow less
The dome of the United States Capitol Building in Washington, D.C., stands tall against a blue sky with the American flag waving proudly

A look at this week's congressional agenda, including House votes on Iran, Ukraine, FISA, appropriations, and key legislative priorities.

Getty Images, aire images

Legislative Preview for June 1, 2026

There will be plenty of coverage around the likely drama involved in picking up where House and Senate Republicans left off before this most recent week off. (For a recap, see our last post.) So we’re not going to go into any detail about what might happen with the reconciliation bill (originally only for two departments in the Department of Homeland Security; now enlarged with funding for the President’s ballroom project and overshadowed by the announcement of the President’s plan to pay off political allies with funds from the Department of Justice) or the FISA extension or the housing bill that’s been pingponging between chambers because you can read in sources like Politico about these marquee issue.

We will note that the Iran War resolution postponed in the House before the recess may be up for a vote this week, along with a resolution to remove US troops from Lebanon and a discharge petition (number 8) to put forward a bill authorizing support for Ukraine. Three privileged resolutions, of which one is a discharge petition (meaning it has 218 co-sponsors meaning at least a few House Republican co-sponsors), is a lot for one week. Especially when all three are expressing opposition to various administration stances and might get some House Republican votes.

Keep ReadingShow less
Can Governing Survive Without Continuity?
white and black quote board
Photo by Brendan Beale on Unsplash

Can Governing Survive Without Continuity?

Modern societies depend on continuity.

Electric grids are built over decades. Infrastructure systems require long investment cycles. Defense planning depends on sustained procurement and strategic consistency. Climate adaptation, energy systems, artificial intelligence governance, public health preparedness, and fiscal stability all require institutions capable of maintaining long-term priorities across multiple administrations.

Keep ReadingShow less