Congress was created by our country’s founders to serve a few essential purposes.  It was to represent the will of the people (as the only branch of our government that was directly elected by the citizens – the President is elected by the Electoral College).  They have the power to establish and collect revenue sources (taxes, duties, etc.) and make appropriations (for spending).  And finally, the Legislative branch was envisioned as the “predominant” one, to offer a “check and balance” on the other two branches of government (per James Madison in Federalist Paper #51).  Unfortunately the founders did not foresee representatives who were so completely derelict in their duties that they would simply abrogate their responsibilities in favor of the Executive.

Let us start with appropriations for FY2025.  The general idea is that appropriations would be passed before the fiscal year begins – to provide money to spend starting October 1, 2024.  But Congress failed to pass its appropriation bills – in fact, the House failed to pass appropriation bills for most of the government (and as the originating body for appropriations, left the Senate hanging).  The Senate hasn’t passed any of its appropriation bills through regular order (voted out of committee, onto the floor of the Senate).  In lieu of that, each body has been passing continuing resolutions (CRs) at the same level of funding as the previous year – no thinking, consideration of priorities, attempts to meet the needs for the ‘general welfare’.  Just leaving their bets on the come line and letting it ride (in the most consequential game of craps ever imagined).  

But our Congress, despite bothering to vote on continued funding at the same level as 2024, hasn’t asserted itself to ensure the monies are spent in the fashion they directed.  In fact, they have been sitting on their hands (except to cash their bi-weekly payroll checks) as the Executive Branch has been playing whack-a-mole with expenditures – cancelling contracts, firing employees, re-hiring employees, putting government buildings up for sale, cancelling un-cancelable leases, etc.  Not one hearing to oversee this breach of authority.  No assertion of Congressional authority in the courts.  Despite the Supreme Court throwing out the ability of the President to make line-item vetoes in 1998, this Congress has found a unique way for the President to get that power back – just do nothing to check his authority.  

The courts, on the other hand, have taken their responsibility seriously.  Federal judges, appointed by Democrats and Republicans (including the President himself), have nearly unanimously rejected the Executive branch’s usurping of Congressional authority and disregard for established law.  Injunctions against the cancellation and withholding of grant payments.  Orders to re-hire illegally fired federal employees.  Restraining orders against changes in reimbursement rates for medical research grants.  You can monitor the court cases here.

But the cherry on top of the cake is the rule that House Republicans tucked into the continuing resolution this week.  Instead of Congress asserting its authority to review and revoke tariffs that they deem unwise, this Congress chose to neuter itself (and ignore its Article 1 responsibilities under the Constitution) and make the House unable to bring forward a bill to revoke those tariffs.  That’s right – they wrote language into a bill that removes their ability to legislate (you know, the thing that they are paid to do!).  And I’m not going to get into the bizarre language use to redefine a calendar day!

And the national disgrace continues…