Inside the Beltway, Democrats are touting the achievements of the outgoing Congress. Historian Alan Brinkley asserted that this is the most productive Congress since the Great Society. These congratulatory assessments stand in stark contrast to the fact that Democrats, for all their labors, suffered a defeat of such historic proportions that it gave rise to a new word: “refudiation.” What explains this paradox?

First, much of the legislation passed in the 111th Congress is not really legislation at all. For all of its verbosity, and for all the outrage surrounding provisions like the individual mandate, the health care legislation enacted in 2010 makes precious few decisions. Instead, vast discretionary authority is vested in dozens of different agencies and officials, in particular the Secretary of Health and Human Services.
When confronted with tough decisions, Congress prefers to let someone else make laws. Congressmen can then claim credit for providing Americans with health care, while evading blame for increased costs and premiums, poorer quality of care, rationing, massive uncertainty, and higher wait times. The rules that led to those unfortunate consequences were made by regulators, who will give shape to legislation, and who would bear the brunt of public ire.
Second, Washington insiders tend to subscribe to the belief that what Americans expect of Congress is that it produce a certain quantity of legislation. Outgoing House Rules Committee chairman Louise Slaughter (D-N.Y.) captured this belief when she lamented that “what we did was work, and our reward was, ‘Get out of here.’” The volume of legislation produced by the Democratic 111th Congress should have been reason enough for voters to sustain Democrats in office.
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