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

Silence, Signals, and the Unfinished Story of the Abandoned Disability Rule

Waiting for the Door to Open: Advocates and older workers are left in limbo as the administration’s decision to abandon a harsh disability rule exists only in private assurances, not public record.

AI-created animation

Silence, Signals, and the Unfinished Story of the Abandoned Disability Rule

We reported in the Fulcrum on November 30th that in early November, disability advocates walked out of the West Wing, believing they had secured a rare reversal from the Trump administration of an order that stripped disability benefits from more than 800,000 older manual laborers.

The public record has remained conspicuously quiet on the matter. No press release, no Federal Register notice, no formal statement from the White House or the Social Security Administration has confirmed what senior officials told Jason Turkish and his colleagues behind closed doors in November: that the administration would not move forward with a regulation that could have stripped disability benefits from more than 800,000 older manual laborers. According to a memo shared by an agency official and verified by multiple sources with knowledge of the discussions, an internal meeting in early November involved key SSA decision-makers outlining the administration's intent to halt the proposal. This memo, though not publicly released, is said to detail the political and social ramifications of proceeding with the regulation, highlighting its unpopularity among constituents who would be affected by the changes.

Keep ReadingShow less
How Trump turned a January 6 death into the politics of ‘protecting women’

A memorial for Ashli Babbitt sits near the US Capitol during a Day of Remembrance and Action on the one year anniversary of the January 6, 2021 insurrection.

(John Lamparski/NurPhoto/AP)

How Trump turned a January 6 death into the politics of ‘protecting women’

In the wake of the insurrection at the Capitol on January 6, 2021, President Donald Trump quickly took up the cause of a 35-year-old veteran named Ashli Babbitt.

“Who killed Ashli Babbitt?” he asked in a one-sentence statement on July 1, 2021.

Keep ReadingShow less
Gerrymandering Test the Boundaries of Fair Representation in 2026

Supreme Court, Allen v. Milligan Illegal Congressional Voting Map

Gerrymandering Test the Boundaries of Fair Representation in 2026

A wave of redistricting battles in early 2026 is reshaping the political map ahead of the midterm elections and intensifying long‑running fights over gerrymandering and democratic representation.

In California, a three‑judge federal panel on January 15 upheld the state’s new congressional districts created under Proposition 50, ruling 2–1 that the map—expected to strengthen Democratic advantages in several competitive seats—could be used in the 2026 elections. The following day, a separate federal court dismissed a Republican lawsuit arguing that the maps were unconstitutional, clearing the way for the state’s redistricting overhaul to stand. In Virginia, Democratic lawmakers have advanced a constitutional amendment that would allow mid‑decade redistricting, a move they describe as a response to aggressive Republican map‑drawing in other states; some legislators have openly discussed the possibility of a congressional map that could yield 10 Democratic‑leaning seats out of 11. In Missouri, the secretary of state has acknowledged in court that ballot language for a referendum on the state’s congressional map could mislead voters, a key development in ongoing litigation over the fairness of the state’s redistricting process. And in Utah, a state judge has ordered a new congressional map that includes one Democratic‑leaning district after years of litigation over the legislature’s earlier plan, prompting strong objections from Republican lawmakers who argue the court exceeded its authority.

Keep ReadingShow less
New Year’s Resolutions for Congress – and the Country

Speaker of the House Mike Johnson (R-LA) (L) and Rep. August Pfluger (R-TX) lead a group of fellow Republicans through Statuary Hall on the way to a news conference on the 28th day of the federal government shutdown at the U.S. Capitol on October 28, 2025 in Washington, DC.

Getty Images, Chip Somodevilla

New Year’s Resolutions for Congress – and the Country

Every January 1st, many Americans face their failings and resolve to do better by making New Year’s Resolutions. Wouldn’t it be delightful if Congress would do the same? According to Gallup, half of all Americans currently have very little confidence in Congress. And while confidence in our government institutions is shrinking across the board, Congress is near rock bottom. With that in mind, here is a list of resolutions Congress could make and keep, which would help to rebuild public trust in Congress and our government institutions. Let’s start with:

1 – Working for the American people. We elect our senators and representatives to work on our behalf – not on their behalf or on behalf of the wealthiest donors, but on our behalf. There are many issues on which a large majority of Americans agree but Congress can’t. Congress should resolve to address those issues.

Keep ReadingShow less