Let me answer the question Lee Drutman and Kevin R. Kosar ask in their piece at RealClearPolicy, “Does Congress want to govern?”, right off the bat. No. Congress does not want to govern. That’s why again and again over the last 60 years they’ve abrogated their power to the Executive Branch.
What Congress wants to do is posture and send messages back to the folks at home so they’ll be re-elected again and again (and again and again).
Here’s what they have to say:
Speaker Ryan’s “A Better Way†agenda declares: “The people granted Congress the power to write laws, raise revenues, and spend and borrow money on behalf of the United States. There is no power more consequential …Yet for decades, Congress has let this power atrophy — thereby depriving the people of their voice.†Similarly, Senator Mike Lee last year launched the Article I Project on the premise that, “the federal government is broken, and congressional weakness is to blame … Congress has handed many of its constitutional responsibilities to the Executive Branch.â€
Congressional Republicans who sounded these alarms about executive overreach may well have had Barack Obama or Hillary Clinton in mind. But as Donald Trump prepares to assume office, these calls for congressional re-assertion have become increasingly bipartisan.
All of which prompts the question: How much will Congress let President Trump get away with? The answer? Probably more than they should. Congress has grown weak relative to the executive branch, and Speaker Ryan is right: legislators, themselves, are largely to blame.
Will the Congress finally muster some intestinal fortitude and start doing its job? I hope for it but don’t expect it.