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

Social Security card, treasury check and $100 bills
In swing states, both parties agree on ideas to save Social Security
JJ Gouin/Getty Images

Social Security Still Works, but Its Future Is Up to Us

Like many people over 60 and thinking seriously about retirement, I’ve been paying closer attention to Social Security, and recent changes have made me concerned.

Since its creation during the Great Depression, Social Security has been one of the most successful federal programs in U.S. history. It has survived wars, recessions, demographic change, and repeated ideological attacks, yet it continues to do what it was designed to do: provide a basic floor of income security for older Americans. Before Social Security, old age often meant poverty, dependence on family, or institutionalization. After its adoption, a decent retirement became achievable for millions.

Keep ReadingShow less
How Texas’ Housing Changes Betray Its Most Vulnerable Communities
Miniature houses with euro banknotes and sticky notes.

How Texas’ Housing Changes Betray Its Most Vulnerable Communities

While we celebrate the Christmas season, hardworking Texans, who we all depend on to teach our children, respond to emergencies, and staff our hospitals, are fretting about where they will live when a recently passed housing bill takes effect in 2026.

Born out of a surge in NIMBY (“not in my backyard”) politics and fueled by a self-interested landlord lawmaker, HB21 threatens to deepen the state’s housing crisis by restricting housing options—targeting affordable developments and the families who depend on them.

Keep ReadingShow less
Let America Vote to Welcome Its 51st Star

Puerto Rico with US Flag

AI generated

Let America Vote to Welcome Its 51st Star

I’m an American who wants Puerto Rico to become America’s 51st state—and I want the entire country to be able to say “yes” at the ballot box. A national, good-faith, vote would not change the mechanics of admission; it would change the mood. It would turn a very important procedural step into a shared act of welcome—millions of Americans from all 50 states affirming to 3.2 million residents of Puerto Rico that they belong in full.

Across the map, commentators are already making that case. Georgia GOP chair Josh McKoon put it bluntly: “Unlike Canadians, Puerto Ricans actually want to become a state.” Jacksonville Journal-Courier

Keep ReadingShow less
Making America’s Children Healthy Requires Addressing Deep-Rooted Health Disparities

Young girl embracing nurse in doctors office

Getty Images

Making America’s Children Healthy Requires Addressing Deep-Rooted Health Disparities

In early September, the Make America Healthy Again (MAHA) Commission released a 19-page strategy to improve children’s health and reverse the epidemic of chronic diseases. The document, a follow-up to MAHA’s first report in May, paints a dire picture of American children’s health: poor diets, toxic chemical exposures, chronic stress, and overmedicalization are some of the key drivers now affecting millions of young people.

Few would dispute that children should spend less time online, exercise more, and eat fewer ultra-processed foods. But child experts say that the strategy reduces a systemic crisis to personal action and fails to confront the structural inequities that shape which children can realistically adopt healthier behaviors. After all, in 2024, the National Academies of Science, Engineering, and Medicine updated Unequal Treatment, a report that clearly highlights the major drivers of health disparities.

Keep ReadingShow less