By Brian McKeon and Caroline Tess
On Jan 3, 2019, U.S. President Donald Trump volition confront a novel reality: a sleeping room of Congress controlled yesteryear the opposition party. Confronting a hostile Democratic House of Representatives volition live a rude awakening for a president who chafes at whatever limits on his authority. For the offset ii years of his presidency, Trump experienced lilliputian resistance from the Republican-controlled Congress equally he sought to disrupt the established international order. Republicans largely stood yesteryear equally Trump withdrew from vital international agreements, embraced autocrats patch giving allies the mutual coldness shoulder, used Twitter to threaten friends in addition to foes alike, in addition to discarded republic in addition to human rights equally pith values of U.S. unusual policy.
His gratuitous rein is over. Now that Democrats have got taken mightiness inward the House of Representatives, Congress has a take chances to influence the administration’s unusual policy. The Constitution gives Congress to a greater extent than authorization over unusual affairs than most observers understand. It has the mightiness of the purse, the mightiness to declare war, in addition to the mightiness to regulate the armed forces, trade, in addition to immigration. Congress tin fund programs it supports in addition to withhold coin from those it doesn’t. It tin block initiatives that require legislation in addition to usage investigations to expose in addition to curtail executive-branch wrongdoing. And it tin attain out to allies in addition to admonish adversaries.
More recently, however, Congress’ mightiness to principle has been eroded yesteryear a variety of factors, including increased partisanship, a 24-hour tidings bike made to a greater extent than toxic yesteryear social media, in addition to a permanent crusade requiring e'er to a greater extent than fundraising in addition to the require for regular move to domicile districts. Congress must immediately rising to the occasion inward fellowship to pursue a unmarried overriding imperative: to defend American national interests in addition to values from a unsafe president. To do so, Democrats volition have got to rest disciplined in addition to united—and usage the powers the Constitution grants them inward ways they have got non done inward years.
CONGRESS CAN CHECK AND BALANCE—WHEN information technology WANTS TO
That Republicans inward Congress have got done lilliputian to rein inward Trump should non live surprising. Their quiet equally Trump has trashed long-standing political party orthodoxy on trade, democracy, in addition to NATO may seem jarring. But members of Congress typically give a president of their ain political party substantial running room on unusual policy, especially early on inward an administration. Deference to Trump was also a audio political strategy for Republicans keen to avoid the wrath of the president in addition to the political party faithful who back upward him.
Congress has taken about steps to depository fiscal establishment check Trump. In 2017, it imposed novel sanctions on Russia—measures that Trump signed nether protestation in addition to has been reluctant to implement. In July 2018, the Senate unanimously approved a resolution that rejected the thought that Russian constabulary enforcement should live allowed to interrogate Michael McFaul, a quondam U.S. ambassador to Russia, who was defendant yesteryear the Kremlin of “illegal activities.” (The Kremlin provided no evidence for its accusation.) And inward ii successive budgets, Congress has rejected Trump’s efforts to slash funding for diplomacy in addition to international development; a bipartisan tilt from the Senate Appropriations Committee inward 2017 decried an “apparent doctrine of retreat” that would serve to “weaken America’s standing inward the world.” Yet beyond these limited steps, Congress has proved unable to act.
Now, however, Democrats have got won command of the House of Representatives, with its attendant committees in addition to powers. History suggests at that topographic point is a lot a determined Congress tin do to stand upward up to a wayward president. In the 1970s, inward response to overreach yesteryear President Richard Nixon, large Democratic majorities moved to rein inward the so-called majestic presidency, project a flurry of investigative in addition to legislative activity. Congress passed the War Powers Resolution, which sought to bound the circumstances inward which the president could usage armed services forcefulness without the consent of Congress; the Congressional Budget Act, which strengthened the mightiness of Congress to contend the budget procedure in addition to restricted the president’s mightiness to flout congressional funding decisions; the Arms Export Control Act, which provides an extensive congressional review procedure for major weapons exports, in addition to the Foreign Intelligence Surveillance Act, which created a novel legal construction governing electronic surveillance inward the US for national safety purposes. Congressional investigations led to reforms of the CIA in addition to the FBI, too, especially yesteryear restricting domestic spying. Congress also created standing congressional intelligence committees to oversee the intelligence agencies.
In the 1990s, a Republican Congress sought to exert its ain unusual policy priorities. It passed legislation requiring that diverse United Nations reforms live implemented earlier the US would pay its dorsum dues; reorganized the unusual affairs agencies, merging what had been carve upward agencies responsible for arms command in addition to world diplomacy into the Department of State; blocked the Clinton administration’s efforts to modify the Anti-Ballistic Missile Treaty; in addition to rejected the Comprehensive Nuclear Test Ban Treaty.
Much of that activity required majorities inward both houses of Congress. Without command of the Senate, Democrats volition have got fewer options, but they tin silent brand a pregnant impact. Their offset stride should live returning to measure do for oversight, a pith business office of the congressional committees. That agency hearings, in addition to lots of them. From Jan to Nov 2018, the Senate Foreign Relations Committee held exactly xiv total commission hearings non related to nominations, allowing the direction to overhaul U.S. unusual policy without the require to explicate itself inward public. In 2004, yesteryear contrast, the chair of the Senate Foreign Relations Committee, Richard Lugar of Indiana—a Republican overseeing a Republican administration—held xiv hearings inward the offset 3 months of the year, often chairing ii hearings inward i day.
Congress has multiple committees that covert national security: Foreign Affairs in addition to Foreign Relations, Armed Services, Intelligence, Homeland Security, in addition to Appropriations, equally good equally the investigative committees. They should all hitting the Earth running inward January. To laid about with, they should take hold hearings on U.S. policy toward Iran, North Korea, Russia, Saudi Arabia, in addition to Central America; the impact of tariffs on economical in addition to unusual policy; in addition to growing transnational threats, especially climate change, cybersecurity, in addition to terrorism.
The House Foreign Affairs Committee could laid the musical note early on yesteryear asset ii total commission hearings with senior State Department officials to verbalise over Islamic Republic of Iran in addition to North Korea. Shockingly, inward 2018, the commission did non take hold a unmarried hearing with direction officials dedicated to either topic. The House Oversight in addition to Government Reform Committee volition probable pass a adept share of its fourth dimension investigating the Trump household unit of measurement businesses. It should prioritize taking a unopen await at the Chinese in addition to Russians who have got bought Trump properties inward New York in addition to elsewhere, equally good equally the lavish spending yesteryear unusual governments at the Trump International Hotel inward Washington, D.C. Influenza A virus subtype H5N1 brief, preliminary study laying out the facts would institute a route map, allowing the media in addition to members of Congress to connect the dots betwixt Trump’s private businesses in addition to his official actions.
Hearings in addition to investigations describe attending to neglected issues in addition to tin forcefulness administrations to rethink decisions.
Congress can’t gibe the president’s peachy pulpit. But hearings in addition to investigations describe attending to neglected issues in addition to tin forcefulness administrations to rethink decisions. They tin divert the executive branch from its priorities in addition to focus the attending of the press, especially when they stick to a limited laid of issues in addition to sustain the pressure. In 2004, for example, Henry Waxman of California, the senior Democratic fellow member of the House Committee on Oversight in addition to Government Reform, carried out an investigation into weapons of bulk devastation inward Iraq, which revealed that the intelligence community had data that contradicted statements yesteryear the Bush direction virtually the threat posed yesteryear Iraq. In 2005, the Senate Foreign Relations Committee successfully derailed President George W. Bush’s nomination of John Bolton equally United Nations ambassador after an extensive investigation of Bolton’s efforts equally a senior State Department official to exaggerate intelligence findings to fit his policy views in addition to of his attempts to take analysts who disagreed with him. And Republicans’ relentless usage of congressional hearings over the final ii decades to discredit the scientific discipline of climate alter demonstrates the impact that sustained congressional pressure level tin have got on the world discourse.
Democrats, immediately serving equally commission chairs armed with subpoena power, volition brand extensive requests for information, interviews, in addition to witnesses. Contrary to pop belief, the White House cannot fully command how agencies answer to Congress. Departments depend on Congress to fund them, approve their requests to repurpose existing funds, in addition to confirm their senior staff. They strive to maintain working relationships with their oversight committees inward both houses of Congress. Public fights over subpoenas are the exception, non the rule. Administration officials regularly concur to appear, furnish documents, in addition to cooperate with congressional investigators when faced with the possibility of onerous legislation in addition to limits on their budgetary authorization enacted through the appropriations process.
The congressional committees tin also enlist other investigators, such equally inspectors full general (who are housed inside departments in addition to agencies in addition to charged with rooting out fraud, waste, in addition to abuse) in addition to the Government Accountability Office (which audits the federal authorities in addition to conducts computer program reviews), to dig into executive-branch activity. The GAO plant for Congress, non the executive branch, in addition to has the statutory authorization to review the activities of most agencies. Inspectors full general are independent of their agency’s leadership; nearly all of them endeavor to protect that independence in addition to answer to legitimate congressional requests.
The challenge volition live to focus investigations on a limited number of worthwhile topics. Congress should hold it simple, shining a spotlight on the ethical swamp nether Trump's leadership in addition to on policies that are causing long-term practical in addition to reputational harm to the United States. This should include highlighting how unusual governments are influencing the direction yesteryear spending coin at Trump properties; how U.S. unusual policy toward China, Russia, in addition to the Western Farsi Gulf is affected yesteryear Trump household unit of measurement employment organisation interests inward those countries; the consequences of U.S. back upward for Kingdom of Saudi Arabia in addition to the United Arab Emirates’ state of war inward Yemen; in addition to the shameful reduction inward the numbers of refugees admitted to the United States. Moreover, Democrats volition require to exercise discipline. It is of import to live focused in addition to patient, equally effective congressional investigations unfold slowly, often lasting months, fifty-fifty years, equally novel facts are discovered in addition to novel avenues of enquiry pursued.
Complementing the operate of the total committees, energized subcommittee chairs tin usage their gavels to focus attending on of import issues. The chair of the House subcommittee on human rights, for example, tin smoothen a lite on nighttime places yesteryear hearing testimony from leading dissidents in addition to human rights defenders from China, Cuba, the Philippines, Russia, in addition to Turkey. Such hearings would underscore the United States’ long-standing commitment to human rights for people everywhere. In 2014, for example, the House Foreign Affairs Committee held hearings with a Syrian defector known only equally “Caesar” who had smuggled thousands of photos out of Syrian Arab Republic that documented the Syrian government’s brutality. The hearings drew widespread attending inward Congress in addition to the media to his work.
Congress should also stride inward to relieve the U.S. Foreign Service, which is haemorrhage senior talent thank you lot to efforts yesteryear the White House in addition to the State Department to forcefulness out many senior diplomats. Attrition at senior levels has been higher than usual, with a number of notable world resignations. It volition accept years to regain the sense that has been lost amid the diplomatic corps, but the unusual affairs committees tin assist arrest the decline. Each should designate a subcommittee to focus only on the wellness of the Foreign Service. These subcommittees should take hold hearings, brand recommendations to the Appropriations Committees, in addition to draft legislation to brand sure that the service gets adequate funding to back upward recruitment, diversity, in addition to career advancement for diplomats. They should also investigate specific problems: non exactly the wholesale retirement of senior diplomats in addition to the sidelining of talented officers who served honorably inward the Obama direction but also the ongoing attacks on U.S. diplomats inward Communist People's Republic of China in addition to Republic of Cuba (attributed inward about reports to sonic or microwave radiation) in addition to the administration’s lack of response.
Not all oversight tin or should live conducted inward public. The House Permanent Select Committee on Intelligence, rather than drib dead on Republican efforts to discredit the leadership of the FBI in addition to Special Counsel Robert Mueller’s investigation into Russian interference inward the 2016 U.S. presidential election, should focus on measure oversight of the intelligence community, including covert operations, the collection of sensitive intelligence, in addition to the impartial analytic process.
In addition, all members of Congress should have candid, regular, in addition to thorough classified briefings. Congress should pay special attending to North Korea. Given the unclear condition of the nuclear negotiations, members should seek in-depth briefings earlier in addition to after whatever discussions with the North Korean leadership. That’s what Congress demanded—and received—throughout the negotiation of the Islamic Republic of Iran nuclear agreement.
Even though Republicans retained command of the Senate, Democrats tin silent exert influence there. Nominations offering serious leverage to private senators, no affair which political party holds the majority. An private senator tin house a take hold on a nomination to influence policy or forcefulness the direction to manus over data or furnish witnesses for hearings. Senators should avoid delay for delay’s sake, but using nominees equally leverage on other issues is often an effective way to larn an administration’s attention.
Democratic Congressional candidate Cindy Axne celebrates victory inward Des Moines, Iowa, Nov 2018.
THE POWER TO LEGISLATE
Congress must do to a greater extent than than deport oversight; it must legislate. Every year, the appropriations procedure leads to must-pass bills that hold the authorities funded in addition to give the legislative branch a take chances to influence policy. Congress also passes annual defence in addition to intelligence authorization bills, in addition to inward doing so oftentimes incorporates unrelated unusual policy legislation. In 2016, for example, Congress used the defence authorization mouth to reorganize the authorities agency that conducts international broadcasting. And inward October, it used a mouth reauthorizing the Federal Aviation Administration to reauthorize in addition to expand the mandate of the Overseas Private Investment Corporation to fund infrastructure projects inward developing countries, component subdivision of an sweat to counter growing Chinese influence.
The Democrats’ bulk inward the House gives them pregnant leverage to include their priorities inward must-pass legislation. For starters, Congress should contain linguistic communication explicitly barring U.S. forces from refueling Saudi planes in addition to from offering intelligence back upward to the Saudi-led coalition inward Republic of Yemen inward the annual defence authorization bill. Congress tin also exert its prerogatives on Cuba, lifting the move restrictions imposed yesteryear the Trump direction in addition to preserving Americans’ mightiness to move freely through legislative provisions inward whatever of the annual must-pass bills, rather than inward freestanding legislation that Trump would for sure veto.
At the top of the legislative calendar, the incoming Speaker of the House must schedule an early on vote on legislation to protect the Mueller investigation. Trump has hinted that he may unopen the investigation downwards prematurely. Congress must non let that to happen. Building on the Russian sanctions it passed inward 2017, Congress should also promptly consider the Defending American Security From Kremlin Aggression Act of 2018, bipartisan legislation introduced inward the Senate inward August 2018 that provides additional sanctions on the Russian loose energy sector in addition to novel tools to protect the U.S. electoral organisation from unusual interference.
More broadly, Congress should accept steps to safeguard the United States’ role inward the international order. At the top of the listing should live defending multilateral institutions. Congress should enact legislation to block Trump from pulling the US out of NATO in addition to the World Trade Organization—something he has reportedly considered doing. Some inward Congress enquiry whether Trump tin withdraw from treaties unilaterally, but at that topographic point is no uncertainty that Congress could overstep a statute preventing him from taking such impulsive steps. Such legislation would post a strong signal abroad that the United States’ longstanding commitment to international institutions in addition to alliances remains strong.
Congress should non bound itself to straight countering Trump’s unusual policy; it should also deed positively on its own. One expanse where Congress tin brand a existent divergence is cybersecurity. The United States’ infrastructure is deeply vulnerable to cyberattacks, in addition to the authorities has been far also irksome to respond. So Congress should enact comprehensive legislation that meliorate enables the sharing of cybersecurity data betwixt the authorities in addition to the private sector in addition to that strengthens the mightiness of constabulary enforcement to struggle cybercrime.
Perhaps the most rigid tool Congress has is the mightiness of the purse. The Constitution dictates that no coin tin live drawn from the Treasury without appropriations made yesteryear law. Congress hence has substantial authorization to influence policy, dependent only to executive-branch foot-dragging inward executing congressional directives or the rare presidential veto. Controlling the handbag is i way inward which Congress has pushed dorsum successfully against the Trump direction during its offset ii years. During the side yesteryear side two, the Appropriations Committees volition probable do the same inward both chambers.
Congress should safeguard the United States’ role inward the international order.
In particular, the appropriations subcommittees that covert unusual operations, which take hold the State Department in addition to unusual assist budgets, are islands of bipartisanship. They protect diplomatic resources in addition to quietly advance worthwhile causes such equally ending river blindness, promoting democracy, supporting girls’ education, in addition to combating human trafficking. They also zealously guard their funding priorities. Administrations often desire to usage funds for projects other than their master copy purpose. The subcommittees regularly reject, delay, or modify these proposals. Through an informal process—dictated yesteryear laws requiring the executive branch to notify Congress earlier trying to shift funds inward this way—these subcommittees have got effectively established a shape of legislative veto over about direction actions. This yesteryear summer, the Trump direction attempted to rescind billions of dollars inward unusual assist money, a motility that would have got slashed the State Department in addition to USAID budgets months after Trump had signed the appropriations mouth funding them into law. Faced with bipartisan congressional outrage, the White House backed down.
Similarly, Congress has substantial command over arms exports, which it should usage to curtail U.S. back upward for the bloody state of war that Kingdom of Saudi Arabia in addition to the United Arab Emirates are waging inward Yemen. The State Department must notify the unusual affairs committees of every weapons sale over a sure dollar threshold in addition to hold off a sure flow of fourth dimension to let for possible congressional votes on a resolution of disapproval. This procedure also includes an informal “prenotification” earlier a formal notice is submitted to the committees, which tin atomic number 82 to adjustments to the proposal. In rare cases, Congress tin essay to formally pass upward a sale, although it almost never succeeds, since the president ordinarily vetoes such attempts.
ENDING CONGRESSIONAL IRRELEVANCE
Congress should do to a greater extent than than usage the powers it already has; it should reclaim those that have got been ceded to the executive. The constitutional historian Edward Corwin i time wrote that the Constitution creates an “invitation to struggle” amid the political branches. Influenza A virus subtype H5N1 Congress that delegates its powers or consistently acquiesces inward the confront of executive activity non only ignores that invitation; it abdicates its responsibilities.
Trade offers a instance inward point. The Constitution grants Congress the mightiness to “lay in addition to collect” duties in addition to regulate unusual commerce. The president has no limited constitutional mightiness over unusual trade; rather, the Constitution gives him a full general authorization to negotiate treaties. Until the 1930s, Congress imposed tariffs straight yesteryear statute. But inward the final several decades, Congress has delegated substantial authorization inward this expanse to the president, allowing him to impose retaliatory tariffs in addition to to negotiate merchandise agreements nether what is known equally “fast-track” authority. The agreements are in addition to so considered inward Congress inward an expedited procedure inward which no amendments are allowed. This form of delegation is non unusual; the growth of the federal authorities in addition to the complexity of the modern economic scheme have got led Congress to yield pregnant mightiness inward many areas to the executive branch in addition to administrative agencies.
Yet what Congress tin give, Congress tin accept away. In 1980, for example, alarmed yesteryear President Jimmy Carter’s proclamation that he would impose a fee on unsmooth petroleum imports inward an sweat to bound U.S. dependence on unusual oil, Congress created a machinery yesteryear which it could override presidential actions on unsmooth petroleum imports. Today, Trump has abused his merchandise authority. He has invoked bogus claims of national safety to impose sweeping tariffs on allies in addition to partners patch giving lilliputian consideration to the harm his actions volition inflict on the U.S. economy. Congress should bound or fifty-fifty revoke the president’s authorization to enact retaliatory tariffs, increment the burden of proof he must meet, or do a machinery for Congress to pass upward proposed tariffs.
Congress should also reclaim its command over armed services action. Article 1 of the Constitution gives Congress non only the authorization to declare state of war but also substantial mightiness over the usage of forcefulness in addition to the regulation of the armed forces. The framers would non recognize the do that has developed over the final few decades, with presidents directing extensive U.S. armed services actions patch Congress often sits on the sidelines.
The most immediate chore is to repeal in addition to supersede the 2001 Authorization for Use of Military Force, which Congress passed exactly after 9/11 to give the president the mightiness to defend the province against those who planned the 9/11 attacks in addition to anyone who aided them. The constabulary remains inward effect, in addition to has been used far beyond its master copy intent. The executive branch has invoked it to justify counterterrorism operations inward a long listing of countries, equally good equally the continued detention of terrorist suspects at Guantánamo Bay. Congress should supersede it with a statute that is to a greater extent than narrowly tailored, limiting it to such conflicts equally those inward Transitional Islamic State of Afghanistan in addition to the crusade inward Republic of Iraq in addition to Syrian Arab Republic against the Islamic State (also known equally ISIS). Influenza A virus subtype H5N1 bipartisan sweat inward the Senate Foreign Relations Committee during the electrical flow Congress would live a adept starting point.
The facial expression of unusual policy over which the president has the greatest command is belike diplomacy, both because the executive carries out negotiations with other governments in addition to because it has a large bureaucracy to assist it. But here, too, Congress is non without power. Leading members of Congress should recognize that they tin assist reassure allies in addition to repair damaged relationships. The novel Speaker of the House should number an early on invitation to Canadian Prime Minister Justin Trudeau to address a articulation coming together of Congress. Congress should abide by the Congressional Medal of Honor to NATO service members inward recognition of the 17 years they have got spent fighting with U.S. forces inward Afghanistan. The Speaker should also personally atomic number 82 a bipartisan delegation to see NATO allies early on inward the yr in addition to designate senior members to atomic number 82 delegations to reassure countries inward other regions of the world.
The U.S. Constitution gives the president considerable mightiness over unusual policy. In recent years, successive presidents have got expanded that authority. Trump has used those powers to laid about remaking the United States’ global icon in addition to role. Yet the framers of the Constitution wisely vested Congress with powers of its ain to influence in addition to depository fiscal establishment check the executive. Americans have got voted. Now Congress must act.
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