Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Congress must get serious about its capacity or cede power to courts

U.S. Capitol
Richard Fairless/Getty Images

Swift is director of government capacity at POPVOX Foundation.

The Supreme Court’s recent decision to strike down a cornerstone of administrative law known as the Chevron doctrine represents a seismic shift in the balance of power between the three branches of government.

After 40 years of relying on federal agencies to interpret legislative ambiguities when implementing regulations, it’s now up to courts to discern congressional intent. The Supreme Court did not “return” power to Congress, but it did put the onus on an under-resourced legislative branch to be much more clear in writing laws. If Congress fails to exercise its lawmaking power, it will cede power to the judiciary.


As the “first branch,” Congress must now reassess its ability to fulfill this increased responsibility effectively. A recent House hearing highlighted the urgency of this issue: Witnesses called for Congress to increase its resources to ensure that lawmakers can respond to the needs of constituents, engage in effective lawmaking and maintain robust oversight.

Even with a spotlight on its diminished capacity, the House began summer recess early after failing to pass its latest legislative branch appropriations bill, underscoring the difficulty in securing the necessary funding to strengthen congressional operations. Provisions to increase funding for member and staff salaries should not be controversial, but are typically dead on arrival, leading to chronic underfunding and a congressional “ brain drain ” that has crippled the institution.

After decades of underinvestment, Congress must rebuild its workforce and equip its employees with the tools they need. The legislative branch operates with roughly 1/120th of the resources of the executive branch. The legislative branch has only 31,000 employees across the House, Senate and support agencies with an annual budget of $7 billion, while the executive branch employs 2.97 million individuals and operates with trillions of dollars annually. Funding for congressional operations has not kept pace with other increases in government spending, causing further imbalances and resource constraints. Legislative branch appropriations have increased only 50 percent from fiscal 2001 to fiscal 2022 while non-defense discretionary spending grew by over 90 percent in the same period. And most increases in the legislative branch budget went to maintaining buildings and policing the Capitol rather than enhancing legislative capacity.

This constrained funding has taken a toll on the institution and its capacity. From 2011 to 2021, House staff salaries were effectively cut 20 percent when adjusting for inflation while the cost of living in the nation's capital significantly increased. And since the original Chevron decision in the 1980s, Congress has seen a 41 percent reduction in House committee staff and a 25 percent downsizing in critical support offices like the Congressional Research Service and the Government Accountability Office.

This decades-long lack of investment has also coincided with an increase in legislative activity and oversight. The number of legislative drafting requests to the House Office of Legislative Counsel has surged by 76 percent since the 115th Congress, while the number of proposed amendments has increased by 39 percent. Despite this growing workload, the Office of Legislative Counsel's operating budget has increased by only 17 percent when adjusted for inflation.

Congress must build on recent modernization efforts to enhance its capacity and reassert its legislative authority. To provide stability, Congress could mandate that annual legislative branch appropriations increase proportionally with non-defense discretionary spending each fiscal year. Implementing this policy beginning in fiscal 2025 would tie legislative funding growth to the overall growth in federal discretionary budgets. Excluding the Capitol Police funding from this proportional growth policy would account for its unique budget needs.

This approach would prevent legislative capacity from lagging and enable investments in staff, technology, operations and infrastructure to support congressional duties. Stable funding would allow congressional offices and agencies to better project budgets over the long term and — most importantly — fortify the first branch of government’s ability to fulfill its constitutional responsibilities.

The overturning of Chevron is a wakeup call for a Congress that has often found it difficult to invest in itself or hold its constitutional ground. The ball is on Congress’ court, but if lawmakers don’t step up, it will be the courts that run the game.


Read More

People waving US flags

Modern politics rewards viral outrage over thoughtful debate. Explore how introducing mindfulness, gratitude, and cross-party reflection can lower the temperature in Washington and rebuild governance.

LeoPatrizi/Getty Images

Zen and Governing in a Time of Politics as Performance Art

News reports and social media constantly remind us that today’s political system rewards conflict, viral moments, and ideological performance over thoughtful and courteous debate.

Tune into the melee, and it is as if every high-ranking official is now a TV political pundit rather than a serious statesman or stateswoman.

Keep ReadingShow less
Everyone is campaigning on ‘affordability’ that no one can deliver

U.S. President Donald Trump shakes hands with New York City Mayor-elect Zohran Mamdani, left, during a meeting in the Oval Office of the White House on Nov. 21, 2025, in Washington, D.C. Trump congratulated Mamdani on his election win as the two political opponents met to discuss policies for New York City, including affordability, public safety, and immigration.

(Tribune Content Agency)

Everyone is campaigning on ‘affordability’ that no one can deliver

Remember “affordability” mania?

The time was 2025. A young, charismatic democratic socialist candidate for New York City mayor named Zohran Mamdani became a viral sensation. His secret? “Affordability.”

Keep ReadingShow less
 Medical Vial Vaccine on Shelf Table

Peptides like BPC-157, MOTS-c and Semax are surging in popularity despite limited human evidence. Here’s why FDA regulation, research and safety matter.

skaman306/Getty Images

Millions Using Unapproved Peptides as FDA Debates Regulation

Peptides, the short chains of amino acids that help regulate biological functions, have become the latest obsession in health, fitness, and longevity.

Online clinics and wellness influencers promote them as ways to heal injuries, reduce inflammation, improve metabolism, sharpen thinking, and slow aging.

Keep ReadingShow less
An illustration of the U.S. flag on the shape of the U.S. with blue and red figures of people across it.

Every state has its own constitution.

How State Constitutions Became the Battleground for American Rights and Liberties – on Both the Left and Right

Beyond picking governors, state legislators, local officials and representatives to serve in Congress, voters in almost every state this year will have the opportunity to amend the language of their state constitution. In one state, they could potentially rewrite the constitution altogether.

Though the U.S. Constitution is rarely amended, voters frequently amend their state constitutions. In every election cycle, voters are asked to ratify constitutional amendments.

Keep ReadingShow less