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

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
Accountability Abandoned: A Betrayal of Promises Made
white concrete dome museum

Accountability Abandoned: A Betrayal of Promises Made

Eleven months ago, Donald Trump promised Americans that he would “immediately bring prices down” on his first day in office. Instead, the Big Beautiful Bill delivered tax cuts for the wealthy, cuts to food benefits, limits on Medicare coverage, restrictions on child care, and reduced student aid — all documented in comprehensive analyses of the law. Congress’s vote was not just partisan — it was a betrayal of promises made to the people.

Not only did Congress’s votes betray nurses, but the harm extended to teachers, caregivers, seniors, working parents, and families struggling to make ends meet. In casting those votes, lawmakers showed a lack of courage to hold themselves accountable to the people. This was not leadership; it was betrayal — the ultimate abandonment of the people they swore to serve.

Keep ReadingShow less
Pro-Trump protestors
Trump supporters who attempted to overturn the 2020 election results are now seeking influential election oversight roles in battleground states.
Andrew Lichtenstein/Getty Images

Loving Someone Who Thinks the Election Was Stolen

He’s the kind of man you’d want as a neighbor in a storm.

Big guy. Strong hands. The person you’d call if your car slid into a ditch. He lives rural, works hard, supports a wife and young son, and helps care for his aging mom. Life has not been easy, but he shows up anyway.

Keep ReadingShow less