Empowering Congress: Lawmaking For Legislative Strength

Congress has weakened relative to the other branches of the federal government, especially the executive branch. This is partly due to institutional inertia, an expansionist view of the presidency, and political self-interest. Congress can strengthen itself by restoring its status as a co-equal branch with the power to push back against executive expansion. This can be achieved by increasing funding for staff, such as reference librarians, and giving Congress more flexibility in personnel decisions to streamline the hiring and removal process. Additionally, Congress should craft more determinate legal texts and strengthen ethics laws to hold lawmakers accountable for any violations, ensuring they serve the interests of their constituents.

Increase funding for more staff at the Congressional Research Service (CRS)

Congress's legislative power is one of the cornerstones of the US representative system. The legislative process is a complex one, with a bill requiring input and approval from both Houses of Congress before it can become a law.

The Congressional Research Service (CRS) is an essential part of this process, providing support to committees and individual Members of Congress. The CRS is non-partisan and acts as a shared resource. Its staff assists at every stage of the legislative process, from the early considerations that precede bill drafting to the oversight of enacted laws. They provide analysis and insight, helping legislators make sense of complex topics and encouraging critical thinking.

With the increasing complexity of public policy issues, the demand for insightful and comprehensive analysis has become vital. As such, increasing funding for more staff at the CRS could be a way for Congress to strengthen its own hand. More staff would mean more resources to help legislators form sound policies and make decisions on difficult issues.

A larger staff would also enable the CRS to provide more comprehensive support to individual Members of Congress. This could be particularly beneficial to Members who are new to Congress or who do not have extensive policy expertise. More staff could also mean that the CRS could provide more timely assistance, ensuring that legislators have the information they need when they need it.

In conclusion, increasing funding for more staff at the CRS could be a way for Congress to strengthen its own legislative capabilities and, by extension, its role in the US political system.

Restore Congress as a co-equal branch with the power to push back against the executive branch

The US Constitution separates the government into three distinct branches: the legislative, executive, and judicial branches. Each branch is empowered to limit or "check" the powers of the others, thereby preventing the concentration of authority in a single body, which could lead to tyranny.

The legislative branch, or Congress, is one of the three co-equal branches of the US government, with significant powers ascribed by the Constitution. Article I of the Constitution grants Congress the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and substantial investigative powers. Congress is also responsible for establishing an annual budget for the government, levying taxes and tariffs, and authorizing borrowing if required.

However, over time, there has been a shift of power to the executive branch, with Congress ceding some of its lawmaking powers. This has resulted in an emboldened executive branch that can act with less oversight from elected officials. To restore the balance of power and strengthen Congress, several measures can be considered:

• Increasing the length of the congressional calendar: Congress should devote more time to understanding the workings of the government and determining appropriate actions. A longer calendar would allow for more informed decision-making and a better ability to push back against the executive branch.
• Reclaiming legislative powers: Congress should reclaim its constitutional lawmaking powers and reassert control over federal agencies and regulations. This includes restoring the power to veto regulations issued by executive agencies, which is one of Congress's most powerful tools to control federal bureaucrats.
• Enhancing oversight and accountability: Congress has the power to conduct oversight and reform government operations through hearings and investigations. By strengthening these mechanisms, Congress can better check the President's power and ensure accountability in the executive branch.
• Exercising authority over the executive branch: Congress has the power to confirm or reject Presidential appointments, impeach the President and civil officers, and pass laws over the President's veto. Exercising these powers can help push back against executive expansion and restore the balance between the two branches.
• Strengthening representation and public accountability: Congress has a superior capacity for representation and understanding the needs of the people. By leveraging this advantage, Congress can better hold the government accountable and ensure that laws are made in the interest of the people, rather than benefiting the wealthy and well-connected.

Strengthen the legislative branch's authority to enact laws independently

The Legislative Branch, consisting of the House of Representatives and the Senate, is one of the three coequal branches of the US government. It is the only branch with the authority to enact legislation and change existing laws. The House of Representatives is made up of 435 elected members, with an additional 6 non-voting members, representing the District of Columbia, Puerto Rico, and four other US territories.

To strengthen the legislative branch's authority to enact laws independently, several measures can be considered:

• Amending the Constitution: The Constitution grants Congress its legislative powers, and any changes to these powers would require a constitutional amendment. This process is outlined in Article V of the Constitution, which states that amendments can be proposed either by Congress with a two-thirds majority vote in both houses or by a constitutional convention called by two-thirds of the state legislatures. The proposed amendment then needs to be ratified by three-fourths of the states, either through their legislatures or ratifying conventions. This method would allow for a more explicit and comprehensive enshrinement of the legislative branch's authority to enact laws independently.
• Enhancing Oversight and Accountability: The legislative branch can strengthen its oversight of the executive branch to ensure the President's discretion in implementing laws and making regulations is balanced. Committees such as the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs play a crucial role in overseeing government operations. By increasing the number of committees dedicated to oversight and providing them with more resources, the legislative branch can more effectively monitor the executive branch's activities and hold them accountable for their actions.
• Protecting Legislative Independence: The legislative branch can also safeguard its independence by establishing clear guidelines and procedures for interacting with the executive branch. This includes defining the limits of executive orders, executive privilege, and the appointment of executive branch officials. By clearly delineating the roles and responsibilities of each branch, the legislative branch can maintain its independence and assert its authority in the law-making process.
• Streamlining the Law-Making Process: The legislative branch can work towards streamlining the law-making process to make it more efficient and responsive to the needs of the people. This includes reducing the complexity and duration of the legislative process, from the introduction of a bill to its final passage. By simplifying procedures, such as the amendment process, and utilizing technology to expedite legislative tasks, the legislative branch can increase its output and effectiveness in enacting laws.
• Improving Legislative Expertise: Investing in the professional development of legislative staff and members can lead to a more knowledgeable and skilled legislature. Providing training programs, research resources, and access to expert advice can enhance the legislative branch's capacity to understand complex issues, conduct in-depth analyses, and make informed decisions when drafting and enacting laws. This can also help legislators better represent their constituents' interests and address their concerns more effectively.
• Encouraging Bipartisan Cooperation: The legislative branch can foster a culture of bipartisanship and cooperation between political parties. By encouraging collaboration and compromise, the legislative branch can reduce political gridlock and expedite the law-making process. This includes promoting open dialogue, establishing protocols for respectful discourse, and creating incentives for legislators to work across party lines to find common ground and craft legislation that benefits all Americans.

By implementing these measures, the legislative branch can strengthen its authority to enact laws independently, improve its efficiency, and better serve the interests of the American people.

Improve the efficiency of the legislative process by reducing procedural bottlenecks

The legislative process in Congress involves several stages, from the introduction of a bill to its passage and enactment. The process can be lengthy and complex, and procedural bottlenecks can often hinder its efficiency. Here are some ways that Congress can improve the efficiency of the legislative process by reducing these procedural bottlenecks:

Firstly, Congress should empower its committees through procedural and capacity reforms. Committees are crucial in the legislative process, as they allow legislators to exchange ideas, consider different perspectives, and find common ground. By strengthening the committee system, Congress can streamline the legislative process. This can be achieved by providing committees with adequate resources, such as increasing their budgets, bolstering committee staff, and utilizing research specialists. Additionally, reinstating the pre-2009 rule to ensure the default Calendar Wednesday procedure is to call the rule would make it easier for committee-reported bills to get a floor vote, giving committees more influence.

Secondly, Congress should aim for modernization and institutional upgrades. This includes modernizing voting procedures, improving the public accessibility of Congressional data, and utilizing modern tools to enhance efficiency and oversight. The House of Representatives has been undergoing a modernization process since 2019, with Members from across the ideological spectrum driving these changes. This modernization has improved the constituent experience, updated staff recruitment and retention policies, and increased legislative transparency.

Thirdly, Congress should address staffing issues within committees. The changing majorities in Congress often lead to staff turnover, creating unpredictability. To mitigate this, Congress can embed nonpartisan staff within committees, as they are not subject to the same turnover constraints as partisan staff. This would increase job stability and provide committees with more consistent expertise and support.

By implementing these reforms, Congress can reduce procedural bottlenecks, improve the efficiency of the legislative process, and ultimately better serve the needs of their constituents.

Enhance Congress's oversight and investigative capabilities

Congress has a critical role in overseeing the executive branch and investigating issues of national importance. To enhance its oversight and investigative capabilities, Congress can pass laws that provide additional resources and authority to conduct thorough and effective oversight.

One way to achieve this is by increasing the budgetary allocation for congressional committees tasked with oversight functions. These committees play a crucial role in investigating and holding hearings on various matters. By providing them with more financial resources, Congress can ensure that they have the necessary staff, expertise, and tools to conduct in-depth investigations and gather evidence.

Additionally, Congress can pass laws that strengthen its subpoena power. Subpoenas are an essential tool for Congress to compel the production of documents and secure the testimony of witnesses. By enhancing its subpoena power, Congress can more effectively gather information and hold individuals and entities accountable for their actions. This includes granting Congress the authority to issue subpoenas to high-ranking government officials, ensuring they are not exempt from providing information and testifying when required.

Furthermore, Congress should consider establishing or empowering special investigative committees with a specific focus. These committees could be granted additional resources and a broader mandate to investigate complex or long-term issues requiring dedicated attention. They could operate similarly to select committees, which are formed to address specific matters, but with a more extended timeframe and a dedicated budget.

Another way to enhance Congress's investigative capabilities is by providing legal immunity to witnesses who testify before congressional committees. This would encourage more individuals with valuable information to come forward without fear of legal repercussions. Congress can pass laws that offer such protection and ensure the confidentiality of the information provided if necessary.

By implementing these measures, Congress can significantly improve its oversight and investigative functions, enabling it to more effectively fulfill its constitutional duties and hold the executive branch accountable.

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