Ranking Member @TomColeOK04 starts the Rules committee hearing on congressional authorities by remarking that in most hearings the committee is split 9-4, talking about the party breakdown, but today it is a united 13-0. c-span.org/video/?469936-…
@TomColeOK04 Immediately before, @RepMcGovern explained that all witnesses were chosen on a bipartisan basis and the briefing for the committee members was conducted by the nonpartisan Congressional Research Service. The issue is nonpartisan and the solutions should be nonpartisan as well.
@TomColeOK04 @RepMcGovern Sobering but brief opening statement from @DrLauraBelmonte. You can read her whole statement for the record here: docs.house.gov/meetings/RU/RU…
@TomColeOK04 @RepMcGovern @DrLauraBelmonte Now Dean Matthew Spalding from Hillsdale College, gives a brief opening statement about the advantages the executive branch has in disputes over power with Congress. He highlights that the courts won't solve the larger problem so Congress must act for itself.
This is incredibly timely after last Friday night's decision from the DC Circuit Court of Appeals that the court wouldn't weigh in on the disputed Congressional subpoena for an administration official's testimony.
Spalding's full remarks can be found here: docs.house.gov/meetings/RU/RU…
Up next, @DebPearlstein, who begins with a brief explanation of the branches of government and their unique powers. Her full remarks: docs.house.gov/meetings/RU/RU…
@DebPearlstein Both parties should be interested in reforming the powers of the President as they relate to Congressional powers, especially given the lack of procedural guidance applicable to the president as they exercise those powers. Great point by @DebPearlstein.
@DebPearlstein And to round things up, opening remarks from Sai Prakash. His opening statement is here: docs.house.gov/meetings/RU/RU…
@DebPearlstein Sai touches on the instinct of Members of Congress to fall in line behind a president of their own party. My take: it's an understandable phenomena but we shouldn't accept that kind of blind support. If we expect more from our elected officials maybe they will do more.
@DebPearlstein Sai plugs his recent book, and it's relevant! hup.harvard.edu/catalog.php?is…
@DebPearlstein Sai ends by agreeing with @RepMcGovern that now, before a presidential election, is the best time to consider these issues from a nonpartisan perspective. No one (seriously, no one) knows how the November election will end and so both parties have an incentive to act now.
@DebPearlstein @RepMcGovern Rolling up our sleeves and getting right into the War Powers Act and the legislative veto. Not a surprise, @RepMcGovern has an incredible history of working on reforms to the war powers act no matter what party controlled the presidency.
@DebPearlstein @RepMcGovern .@DebPearlstein throws out the ideas of automatic funding cut offs for military operations and defining "hostilities" as two necessary reforms to the War Powers Act. Prakash agrees, kind of. He suggests that Congress should replace the War Powers Act, not amend it.
He suggests that the expansive interpretations of the WPR (many originating from the infamous and opaque Office of Legal Counsel at the the DOJ) will continue within the exec branch unless Congress repeals the whole thing and starts over.
First time I've heard war powers compared to renting a book from a library (it came from Prakash) and I kind of love it. He compared a limitless declaration of war to borrowing a book from a library indefinitely. Without a cut off why wouldn't you keep it forever?
And @RepMcGovern brings it right back to the mechanisms. Because Congress can cut off funding or vote against a president's declaration of war (my addition: or of a national emergency) but its incredibly difficult to get a veto proof majority.
@RepMcGovern Much better summary from @AnthonyWMarcum:
@RepMcGovern @AnthonyWMarcum This hearing is living up to my expectations, follow along here: c-span.org/video/?469936-…
@RepMcGovern @AnthonyWMarcum .@TomColeOK04 talks about how Members would rather not take difficult votes and Spalding hits the nail on the head. It's not clear who is responsible in DC anymore and the President benefits by taking credit when it is politically convenient and avoiding blame when it isn't.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 POWER OF THE PURSE!!! Spalding highlights the incredible power Congress has to halt executive action by defunding it. I'd love to see more of a back and forth on this, with Members explaining some of the reasons why Congress might be hesitant to use this power aggressively.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 "OLC might say it but that doesn't mean it's law." ....and with that, @DebPearlstein just gave an angel its wings.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein Acts of bipartisanship come from the Members, not party leadership. @TomColeOK04 highlights the need for members to think for themselves about the institutional powers of Congress.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein .@TomColeOK04 highlights agency rule making authority and mentions that Congress should have a bigger say there. I will just quietly mention that many regulations are issued at the direction of Congress. I'm not sure whether we need systemic change or better lawmaking there tbh
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein Personal bipartisanship isn't a replacement for bipartisan institutionalism - great point by @Hillsdale's Matthew Spalding.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein @Hillsdale "We have national emergencies in place that were declared by Jimmy Carter's administration." Perhaps one of the best arguments for systemic reform to the National Emergencies Act from @RepMcGovern. ( I also really enjoy how he says Jimmy Cahter.)
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein @Hillsdale .@RepHastingsFL coming in HOT. After members and witnesses talked about the importance of decreasing the influence of political leadership... Hastings highlights how the hearing is 90 minutes in and he's the first member who isn't Chairman or Ranking Member to speak.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein @Hillsdale @RepHastingsFL "I got more legislation done in 1993 than in 2020. That's because of relationships." @RepHastingsFL talking about how Congress has changed while he has been in office. Constituencies are moving members away from compromise by rewarding polarization.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein @Hillsdale @RepHastingsFL MORE flames from @RepHastingsFL. Both the Obama and Trump administrations ignore(d) Congress when they want to. He's specifically talking about war powers but this is also relevant when it comes to Congressional oversight over a whole host of issues.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein @Hillsdale @RepHastingsFL The erosion of Congress's powers has happened slowly. @michaelcburgess highlights how the Congressional response to the #coronavirus has been less than optimal and contributes to this erosion.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein @Hillsdale @RepHastingsFL @michaelcburgess .@michaelcburgess asks the witnesses for their suggestions on how to bring the budgetary power back where it belongs - Congress. 2/3 of the budget is on autopilot meaning spending levels are not reevaluated regularly.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein @Hillsdale @RepHastingsFL @michaelcburgess .@DebPearlstein highlights Congressional commissions as a space that Congress can put together to increase bipartisan solution finding to the issues facing Congress as an institution. They can provide a great format for a shared set of facts to work from, which is sadly needed.
@RepMcGovern @AnthonyWMarcum @TomColeOK04 @DebPearlstein @Hillsdale @RepHastingsFL @michaelcburgess .@RepPerlmutter is highlighting the hypocrisy with which we look at presidential actions. If you support Trump, you're likely to think he's using the national emergencies act and all the authorities it grants to a president well but you didn't like how Obama used the same powers.
And obviously vice versa. I think this really underscores the point that NOW is the time to reign in these powers, when there is uncertainty of who will benefit from those authorities and the flexibility they offer next.
Sai Prakash suggests that Congress appropriate in shorter stints and with more directives about how and where money should be spent. Seems like common sense to me.
Spalding suggests that Congress consider where it is strongest (he says its when it is wielding it's budgetary powers) and start reasserting aggressive power there. I'd argue that War Powers and the National Emergencies Act are both great vehicles to start with.
And now we have @DrLauraBelmonte going down a laundry list of @POGOBlog suggested reforms (unintentionally?) - Congress must reform the exec's procurement authorities, reduce the influence of OLC, and strengthen institutions like CRS.
@DrLauraBelmonte @POGOBlog Expertise has been concentrated outside of Congress, either in the exec branch or in the private sector. Again @Hillsdale's Matthew Spalding coming in and saying what Congress needs to hear. Time to rebuild the institution's expertise.
@DrLauraBelmonte @POGOBlog What do you do if the Executive Branch doesn't do what you told it to? @DebPearlstein says Congress could create personal and professional incentives for those who serve in the executive branch to cooperate w/ Congress, Congress could halt funding, or require periodic testimony
@DrLauraBelmonte @POGOBlog @DebPearlstein Matthew Spalding rightfully mentions that Congress lets the executive branch exceed sunsets all the time and has to act as a good parent and enforce its own rules. @DebPearlstein quickly comes in and suggests that there need to be enforcement mechanisms for those sunsets.
@DrLauraBelmonte @POGOBlog @DebPearlstein And now, my former professor and Constitutional law scholar, @RepRaskin is up. Unsurprisingly, his first point is that Congress isn't the executive branch's equal, but rather Congress is the supreme branch of government and should act like it.
@DrLauraBelmonte @POGOBlog @DebPearlstein @RepRaskin He blames the post WWII rise of the national security state and the military apparatus centralized under the President for the misconception that Congress must be the subservient branch.
@DrLauraBelmonte @POGOBlog @DebPearlstein @RepRaskin Is the the administrative state the problem or is it a bigger issues of "...legislative surrender of powers that belong to the representative house of the people." In partial quotes because I didn't catch the whole thing exactly but wow @RepRaskin has a real way with words.
@DrLauraBelmonte @POGOBlog @DebPearlstein @RepRaskin Chairman @RepMcGovern had to step out of his hearing and he handed his Ranking member @TomColeOK04 the gavel. Asking because I genuinely don't know, but is this the first time a Dem gave a Republican the gavel this Congress?
@DrLauraBelmonte @POGOBlog @DebPearlstein @RepRaskin @RepMcGovern @TomColeOK04 We're back to the minority and @RepDLesko starts with a question about Congressional capacity and whether Congress should have a counter voice to OLC.
@DrLauraBelmonte @POGOBlog @DebPearlstein @RepRaskin @RepMcGovern @TomColeOK04 @RepDLesko Really happy to see @RepMGS bring up the national emergencies act. IMO, this is one of the statues most in need of reform. The exercise of emergency powers has been pushed beyond reasonable limits and I doubt it will go back to normal without Congressional action.
@DrLauraBelmonte @POGOBlog @DebPearlstein @RepRaskin @RepMcGovern @TomColeOK04 @RepDLesko @RepMGS First OLC now @DebPearlstein calls attention to the fact that there is NO LIMIT under the national emergencies act against using emergency powers that don't at all relate to the declared emergency. Swoon.
@DrLauraBelmonte @POGOBlog @DebPearlstein @RepRaskin @RepMcGovern @TomColeOK04 @RepDLesko @RepMGS Sai Prakash says it's embarrassing that the US has been in a constant state of emergency for over 40 years. I couldn't agree more. Emergency powers were intended for situations where the President and Congress couldn't feasibly coordinate a response. There is no excuse for this.
@DrLauraBelmonte @POGOBlog @DebPearlstein @RepRaskin @RepMcGovern @TomColeOK04 @RepDLesko @RepMGS I'm missing this great back and forth on national emergencies act because @TimFarnsworth is bugging me about doing my actual job right now. Unbelievable.
@DrLauraBelmonte @POGOBlog @DebPearlstein @RepRaskin @RepMcGovern @TomColeOK04 @RepDLesko @RepMGS @TimFarnsworth I think @RepShalala hit the nail on the head and as a former cabinet secretary she speaks with particular authority, but the problem with the administrative state is just as much the fault of how Congress legislates as it is how the executive branch interprets its powers.
@DrLauraBelmonte @POGOBlog @DebPearlstein @RepRaskin @RepMcGovern @TomColeOK04 @RepDLesko @RepMGS @TimFarnsworth @RepShalala Ok all, the hearing is wrapping up so I'm going to log off and go do all the work I've ignored all morning. A huge thank you to @RepMcGovern @TomColeOK04 @RulesReps and @RulesDemocrats for holding this hearing.
