Congress asserts itself
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Congress, and particularly the House of Representatives, appears poised to assert itself in a way not seen for decades.

The legislative branch is seen by some as a weak institution, important mostly for its ability to influence the agencies of the executive branch (where the real power is). “The legislative branch,” says Rep. Trey GowdyHarold (Trey) Watson GowdyGreen says House shouldn't hold impeachment articles indefinitely Trump golfs with Graham ahead of impeachment trial Trey Gowdy returns to Fox News as contributor MORE (R-S.C.), “was designed to be and at one point was the most powerful of the three branches. It is without question the weakest of the three branches now. Part of that is because we’ve allowed that to happen.”  

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Congress still has tremendous power, if it can find a way to use it. It can declare war, defund or eliminate agencies, curtail the jurisdiction of the Supreme Court, and remove presidents from office. However, the “power of the purse” has been lost to “mandatory” spending. Huge swaths of legislative authority have been delegated to regulatory agencies. Partisanship has made effective oversight of the executive branch virtually impossible. In Machiavellian terms, Congress is neither feared nor loved.

This may be about to change. Congress now has the leadership, the desire, and a plan for reasserting itself. Two key prerequisites remain: unity and a willing partner in the White House.

Speaker Paul RyanPaul Davis RyanHill.TV's Saagar Enjeti rips Sanders for 'inability to actually fight with bad actors' in party Biden fires back at Sanders on Social Security Warren now also knocking Biden on Social Security MORE has tremendous moral authority because he is a bona fide conservative who didn’t want the job. He cares deeply about America’s poor and has put real effort into finding new and better solutions for them. He is a serious policymaker who communicates well and does not play games. He is a walking antithesis of the congressional stereotype, and that makes new things possible—including entitlement reform.

Under his leadership, the House has developed an agenda it calls A Better Way. It is more detailed than 1994’s Contract with America and it is genuinely aspirational. It does not look or sound like a set of campaign promises. Rather, it is a true representation of what House Republicans would like to do should they ever have the chance. They now have that chance.

The A Better Way agenda declares, with an accusatory tone, that “liberty itself is at stake when any of the branches [of government] violates the separation of powers.” But it also admits that liberty “is likewise in jeopardy when a branch fails to exercise its power.” Congress, says this official agenda of House Republicans, has let its “power atrophy—thereby depriving the people of their voice.” The Republican Congress wants its power back.

The agenda is more than aspirational, however. It is also a plan. Alongside proposals for fighting poverty, reforming healthcare, and bolstering the economy are specific ideas for restoring Congress’s Article I powers and for checking the power of the executive. They include a rewrite of the Administrative Procedures Act, new “best drafting practices” to avoid ambiguity in legislative text, expedited judicial action on suits against the executive for failure to enforce statutes, new powers for agency inspectors general, the end of Chevron deference (judicial deference to agency interpretations of statute), and enactment of the REINS Act—which would require congressional sign-off before major regulations can take effect.

To accomplish this “Article I restoration” agenda, Republicans will need to be unified. Much has been made of divisions in the Republican Congress. They are, indeed, a diverse group. There are libertarians like Thomas Massie, moderates like Charlie Dent, family-values conservatives like Vicki Hartzler, defense hawks like Mac Thornberry, and fiscal hardliners like Dave Brat. This diversity is what a majority party looks like. They are unified, however, in their desire to reassert Congress’s constitutional powers.

Republicans will also need a willing partner in the White House to sign those parts of the agenda that require a presidential signature. Surprisingly to some, the Trump administration may have the closest ties to Congress in memory. Vice President-elect Mike PenceMichael (Mike) Richard PenceUS officials, world leaders arrive in Israel for World Holocaust Forum  Pence attends sermon where bishop says 'demonic spirit' is behind homosexual attraction Mike Pence invoked a racist president and a scoundrel senator to defend Trump — did he even know it? MORE is a popular alumnus of House Leadership. Trump has also chosen Elaine Chao, the well-credentialed wife of Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellThe Hill's Morning Report - House prosecutes Trump as 'lawless,' 'corrupt' Tensions between McConnell and Schumer run high as trial gains momentum No. 2 GOP leader eyes Wednesday of next week for possible votes on witnesses MORE, to be his Transportation Secretary. Sen. Jeff SessionsJefferson (Jeff) Beauregard SessionsLawmaker wants Chinese news outlet to register as foreign agent Trump-aligned group launches ad campaign hitting Doug Jones on impeachment ICE subpoenas Denver law enforcement: report MORE, Rep. Ryan Zinke, Rep. Mike Pompeo, and Mick Mulvaney are among what appears to be a lengthening list of legislators headed to the Trump administration.  Reps. Lou BarlettaLouis (Lou) James BarlettaEx-GOP congressman to lead group to protect Italian products from tariffs Head of Pennsylvania GOP resigns over alleged explicit texts Trump's most memorable insults and nicknames of 2018 MORE, Marsha BlackburnMarsha BlackburnTaylor Swift talks politics, her new song: 'I wrote it after the midterm elections' GOP senator: 2020 candidates must recuse themselves from impeachment trial Apple under pressure to unlock Pensacola shooter's phones MORE, Jim BridenstineJames (Jim) Frederick BridenstineCongress greenlights NASA's crewed moon lander — sort of Boeing launches first Starliner test flight Doug Loverro's job is to restore American spaceflight to the ISS and the moon MORE, Kevin Cramer, Randy ForbesJames (Randy) Randy ForbesToo much ‘can do,’ not enough candor Trump makes little headway filling out Pentagon jobs Why there's only one choice for Trump's Navy secretary MORE, Scott GarrettErnest (Scott) Scott GarrettBiz groups take victory lap on Ex-Im Bank Export-Import Bank back to full strength after Senate confirmations Manufacturers support Reed to helm Ex-Im Bank MORE, Duncan Hunter, Peter King, Tom Marino, and Thomas Massie, are all rumored to be under consideration for high-level posts. Democratic Sen. Heidi HeitkampMary (Heidi) Kathryn HeitkampSusan Collins set to play pivotal role in impeachment drama Pro-trade group launches media buy as Trump and Democrats near deal on new NAFTA The Hill's Morning Report — Biden steadies in third debate as top tier remains the same MORE is also evidently under consideration.  

Congress will begin early next year using devices already in its toolbox—budget reconciliation and the Congressional Review Act—to cancel or reverse many of the policies of the Obama administration. This will, for the most part, be a partisan exercise made possible by one election. Whether Congress as an institution can durably regain its place as the first branch of government will depend partly on a willing partner in the White House. It will also depend on Republicans’ ability to stay unified, to focus on what is achievable, to actually legislate and appropriate, and—perhaps most importantly—to convince the country that they are acting on principle rather than partisanship.

Gabe Neville is a Senior Legislative Advisor at Covington & Burling LLC. He worked in the House of Representatives for nearly two decades.


The views expressed by authors are their own and not the views of The Hill.