Executive Congressional Relations and the Relationship in the 115 th Congress Christopher M. Davis September 26, 2017
Executive Congressional Relations
Separation of Powers The Constitution does not expressly articulate a doctrine of separation of powers. The principle derives from the Constitution s distribution of federal power amongst the three branches. A system of checks and balances attempts to prevent one branch from becoming too powerful. Congress cannot encroach upon the core functions of the other branches. For example, Congress cannot delegate to itself executive functions, such as implementing or enforcing the law. Despite these limitations, Congress can control and/or influence the executive branch through its constitutional powers.
The Founders intended Congress to be the dominant branch. In the 20 th Century, the President has generally been dominant. Congress often reasserts itself: the Watergate years; 1995 GOP majority. Institutional views of Minority Leader/President Gerald Ford. Institutional Rivals
Pop Quiz: Which of the Following Statements Have Been True Historically? Americans want a strong, decisive leader as President. Americans oppose a concentration of power in government. Americans generally want government to be small and limited. Americans want their government to address the societal and economic problems impacting their daily lives. Americans want their elected representatives to be competent experts. The vast majority of Americans dislike career politicians; they overwhelmingly support term limits for Members of Congress. Americans generally like their Senators and Representative, but dislike Congress.
Basic Congressional Presidential Relations In theory, the President proposes; Congress disposes Formal powers of Congress and the President are specified in our Constitution For example: Congress appropriates funds President is Commander in Chief Informal powers of each can vary over time based on political circumstances, individual personalities, unexpected events
Select Powers of the President vs. Congress Proposing, signing, and vetoing bills working with the House and Senate to craft legislation, or exercising/threatening a veto to block legislation Proposing a federal budget allocating funds to support a specific policy platform The so called bully pulpit using the institutional power of the presidency to promote an agenda Issuing executive orders directing federal agencies to undertake certain actions Making appointments shaping the leadership and policies of executive agencies Promulgating (or rescinding) federal regulations
How Can Congress Control and/or Influence the Executive Branch? General congressional oversight & investigations Enacting statutes Authorizing legislation Appropriations Reporting and audit requirements Advice and Consent Nominations Treaties
General Oversight & Investigations: Tools Power is delegated from the House and Senate to committees Individual Members do not have the same legal tools as committees to conduct oversight Committee oversight tools and techniques Informal oversight Hearings Reports Depositions Subpoenas
Statutes: Authorization and Appropriations Legislation Generally, agencies do not have inherent authority they must be delegated authority by Congress in statute. Therefore, Congress can control what power an agency possesses. This is primarily accomplished through authorizing legislation. Agencies are often subject to reauthorization, which allows Congress periodically to conduct oversight of the agency s activities and determine how to adjust its authorities. Article I, Section 9, Clause 7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. Through appropriations statutes, Congress can set the purpose, funding level, and time limit that govern an agency s ability to spend funds.
Statutes: Other Oversight Mechanisms Congress can require agencies to conduct certain studies or submit certain information to it on a regular basis. Statutes also empower GAO to conduct audits or studies of agency functions that inform Congress about agency operations. The House Appropriations Surveys and Investigations Staff Congress has created Offices of Inspectors General in statute. Empowered to conduct audits and investigations to root out waste, fraud, and abuse Intended to be somewhat independent from their parent agencies Statutorily required to keep Congress informed
Advice and Consent: Nominations & Treaties Thousands of nominations are considered each Congress and a high percentage of them are confirmed. These include military appointments and promotions as well as nonpolicymaking civilian positions. The White House may consult Senators early in the nomination process to get recommendations or feedback on potential candidates in order to make the confirmation process easier. Because the Senate operates by unanimous consent, holds can be placed by individual Senators and are enforced through agenda decisions by party leaders. Treaties are referred to the Senate Committee on Foreign Relations and can remain available for Senate consideration from one Congress to the next. The treaty text can be amended by the Senate.
The Relationship in the 115 th Congress
Chart does not reflect the vacancy created when the Honorable Jason Chaffetz resigned from the 115 th Congress on June 30, 2017.
A President With an Ambitious Policy Agenda Administration priorities include: Infrastructure package Repeal and replace Obama care (PPACA) Dodd Frank rollbacks Renegotiate NAFTA Immigration reform / border security Corporate and individual tax reform Lift regulatory burden Revisit Iran nuclear deal?
Interbranch Relations in 2017 Many in Congress are still getting used to the President s governing style There has been both cooperation and conflict Both branches regularly speak to inside and outside audiences The recent hurricanes, as well as North Korean missile tests, may have changed certain dynamics for both branches The President s debt ceiling deal with House and Senate Democrats is also a potentially significant development
Concluding Observations Americans voted for change / a different type of President Normal assumptions about the inter branch relationship may not apply Even though Congress and the President are institutional rivals, they are also tied together Midterm elections will provide important data The ingredients are there for multiple outcomes The Reagan model The Clinton model The Carter model
Questions?