Our Dysfunctional Congress
by Kevin PortteusWhen Senator Evan Bayh (D-IN) announced that he would not seek re-election this fall, he contended that “Congress is not operating as it should.” He lamented that partisanship and ideology have so pervaded Congress that “the people’s business is not being done.” Bayh cited the recent scuttling of a proposal to create a commission on federal spending, and the handling of a jobs bill. In short, Congress is no longer a properly functioning legislative institution.

Woodrow Wilson’s 1885 book Congressional Government is cited by virtually every scholar as seminal study of that institution. In it Wilson contends that the problem with Congress is that it is too preoccupied with legislating; the most important function of a democratic legislature is debate. Congress must debate, so that the people might receive “instruction and guidance in political affairs.” Legislators must constantly and publicly articulate their positions and attack those of their opponents. The New Republic co-founder Herbert Croly concurs, maintaining that Congress be transformed into “a parliament in the old sense of the word – a talking body, a battleground of opinion.”
The actual business of legislating would be handled by administrative agencies, which Congress would empower to devise and implement the means necessary to accomplish socially desirable ends. Croly observes that “social legislation is coming more and more to demand results rather than prescribe means.” With this understanding, Congress has been delegating legislative power for decades. Confronted with growing public concern over air pollution, Congress created the Environmental Protection Agency to implement regulations to clean the environment. The response of both parties and the White House to spiraling budget deficits has been to propose the creation of a commission to balance the federal budget. Over time, as political scientist Morris Fiorina has argued, congressmen have come to realize that delegating is electorally profitable. Congress earns credit for supporting environmental protection, but public blame for the burdensome rules necessary to achieve clean air is shifted to the EPA.
Freed from the arduous business of legislating, congressmen are able to focus upon debate. Debate, however, devolves into little more than posturing and maneuvering. Members have an incentive to take and hold extreme positions favored by core constituencies, demonize the opposition in order to score political points, and employ overheated rhetoric in support of both. These tactics mobilize supporters and win elections, but are not conducive to effective legislating. Deliberation is not a skill valued by the progressive understanding of a legislature. Such a legislature does not attract members of a deliberative temperament; once there, they have little opportunity for real legislating. The self-interest of legislators is effectively divorced from the exercise of legislative power.






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