Much has been written about the modern emergence of an imperial presidency. The executive branch has been steadily taking power specifically ascribed to the legislative branch. The U.S. Constitution is clear that only Congress can declare war. When was that last done? June 4, 1942.
Technically speaking, the United States has not been at war since World War II. (I can hear your relief.) Of course, that’s far from true. Congress has voted 23 times to authorize “limited military engagements” — think Vietnam, Iraq and Afghanistan. Most affirmed actions already taken by the President.
Presidents have learned t0 use administrative rules and so-called signing statements to shape or undo legislation. The co-equal branch of 535 lawmakers simply looks the other way. Recess appointments sidestep the mandated confirmation process for cabinet positions. President Trump prefers “acting” officials to serve indefinitely, without even pretending to accept Congressional oversight.
Presidents rarely veto legislation anymore, because it’s easier to have Congressional leaders bottle up bills in committee. Budgets are difficult to negotiate, but so-called Continuing Resolutions keep the money flowing without making any new decisions. When budget decisions are finally made, they are wrapped into gargantuan omnibus spending bills that confound scrutiny.
But this is only half the problem besetting the United States Congress. Virtually nothing has been said about the emerging imperialism within its ranks.
Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell make almost every significant decision coming from the legislative branch. Senate Minority Leader Chuck Schumer and House Minority Leader Kevin McCarthy occasionally play additional roles, but only occasionally.
When there are national security issues to be addressed, these four are joined by the chairperson and ranking minority member of the Senate and House Intelligence Committees, forming the so-called “Gang of Eight.” After these eight, there’s not much for the other 527 members to do.
Most in Congress are content to help their constituents navigate the maze of bureaucracies that have become our government. That’s not unimportant work, but it’s more in the role of sherpa than leader. Others pop up regularly on cable news to talk about whatever just happened in the news, as if they had anything to do with it.
Lawmakers still write bills, but they never become law without the consent of leadership. Debates happen almost never on the floor of the Senate or the House. Votes are whipped in private. Not too long ago, a Congressperson could trade a vote for a pet project in their district, but banning earmarks put an end to most of that.
Senators could use their so-called “blue slip” power to block judges they didn’t like, but McConnell has ended that tradition. Now it’s so much simpler, if you’re a member of Congress. You show up three days a week, about 35 weeks each year, and do what you’re told.
If a Congressperson dares to disobey leadership, they risk losing their committee assignments, fundraising assistance, and protections from a primary challenge. In other words, all their time is spent keeping their job, but almost none of it is spent doing their job.
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Don Kahle (fridays@dksez.com) writes a column each Friday for The Register-Guard and blogs at www.dksez.com.
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