Congress hasn’t performed an essential part of its job for decades. That isn’t just the generalized feeling of most Americans — it’s the considered opinion of Capitol Hill veterans who understand the specifics. Now, Congress is trying to claw its power back, not by asserting its prerogatives but instead by turning to the judiciary.
This strategy is unlikely to work in the long run. Instead, it is barreling the country toward the very kind of “constitutional crisis” that Democrats and their reporter friends pretend to fear.
A more muscular Congress is undoubtedly in America’s interests. But not like this.
But first, how we got here: Congress failed to do its job. Sure, lawmakers still spend money (“appropriate”), fight over White House nominations, and grandstand on TV, but that’s where the oversight of the executive branch basically ends. Congress’ ability to legislate is its most important function, yet lawmakers have decided to outsource much of it to the agencies themselves — and oversight to the courts.
