18.5.2 Checks on Government Branches: Effectiveness and Extent

Checks on Government Branches: Institutional Effectiveness

The U.S. Congress plays a pivotal role in checking the powers of the executive and judicial branches. These checks are designed to prevent the abuse of power, ensure accountability, and maintain a balance of power among the branches. The effectiveness of these checks varies based on several factors, including political context, party control, and institutional mechanisms.

1. Implied Powers and Oversight Functions

• Implied Powers: Congress exercises implied powers that are crucial for effective oversight and governance, such as preventing wasteful spending, protecting civil liberties, and ensuring compliance with laws. These powers, though not explicitly outlined in the Constitution, are integral for Congress to perform its functions effectively.
• Oversight Committees: Congressional committees, particularly oversight committees, are essential for investigating government actions, monitoring expenditures, and ensuring proper law implementation. For instance, the House Homeland Security Committee held hearings in January 2024 to investigate the handling of the immigration crisis at the U.S.-Mexico border. While these investigations are critical for holding the executive branch accountable, they can sometimes be perceived as politically motivated.
• Effectiveness: The effectiveness of these checks depends on the political context. Oversight is generally more rigorous during periods of divided government, where opposition parties control one or both houses of Congress. In a unified government, where the President's party controls Congress, oversight may be less stringent, potentially leading to lapses in accountability.

2. Divided vs. Unified Government

• Unified Government: When the same party controls both Congress and the presidency, legislative processes tend to be smoother, facilitating the passage of a shared agenda. For example, during Biden's first two years, when Democrats controlled both the House and the Senate, significant legislative achievements were made, including the Inflation Reduction Act and the American Rescue Plan. Unified government also facilitates appointments, as demonstrated by the confirmation of Ketanji Brown Jackson to the Supreme Court.
• Divided Government: Divided government, where different parties control Congress and the presidency, often leads to tension and gridlock. Legislative agendas become harder to pass, and oversight becomes more effective as Congress acts as a check on the President's power. For instance, Obama's Supreme Court nomination of Merrick Garland was blocked by a Republican-controlled Senate, while Trump managed to confirm Amy Coney Barrett due to a Republican majority.

3. Partisanship and Political Environment

• Impact of Partisanship: Partisanship in Congress significantly influences its relationship with the presidency. In highly partisan environments, Congress is more likely to use its oversight powers to advance party interests and obstruct the President, rather than engage in effective scrutiny. This was evident in the impeachments of Presidents Trump, Clinton, and Biden, where partisan motives played a role.
• Cooperation in Crisis: Despite partisan divides, Congress and the presidency can cooperate effectively during national crises. For example, the CARES Act, a $2.2 trillion stimulus package enacted during the COVID-19 pandemic, was passed under a divided government, showing that bipartisanship is possible when addressing urgent national issues.

4. Popularity of the President

• Influence of Popularity: A President's popularity can significantly impact their relationship with Congress. A President with high approval ratings can use their mandate to push through key legislative initiatives, as seen with Obama's Affordable Care Act. Conversely, a President with low approval ratings may struggle to influence Congress, especially after midterm elections when the opposing party often gains control.
• Power of Persuasion: The President's ability to persuade Congress is more effective when they are popular. This can lead to successful legislative outcomes, as demonstrated by Biden's bipartisan infrastructure bill, where his experience and connections in Congress played a crucial role.

5. Policy Areas and Congressional Influence

• Domestic vs. Foreign Policy: Congress holds more power over domestic policy, as its consent is necessary to fund the government and pass legislation. In contrast, the President has greater autonomy in foreign policy, often making decisions through executive orders and agreements without needing Congressional approval.
• Congressional Committees: Congressional committees are specialized bodies that conduct in-depth investigations and hearings on specific policy areas. For example, the Senate Foreign Relations Committee influences U.S. foreign policy by investigating issues like NATO enlargement. However, while these committees are powerful, they cannot legislate, enforce compliance, or implement policies directly.

6. Congressional Leadership and Committee Chairs

• Committee Chairs: Committee chairs wield significant power in determining committee activities, including which bills are heard and which investigations are pursued. These chairs, typically from the majority party, provide stability and continuity in committee leadership.
• House Rules Committee: This committee is particularly influential in the House of Representatives, as it controls the flow of legislation to the floor for debate. The chair of the House Rules Committee can prioritize bills, significantly impacting which legislation is likely to pass.
• Conference Committees: Conference committees reconcile differences between House and Senate versions of bills, creating unified legislation. The effectiveness of these committees is crucial for passing laws, especially when different parties control the two chambers.

Conclusion

Congress plays a vital role in checking the other branches of government to maintain the balance of power. However, the effectiveness of these checks varies based on factors such as political environment, partisanship, Presidential popularity, and the specific policy areas involved. While Congress has significant tools for oversight and influence, its ability to effectively check the other branches can be constrained by internal divisions, the power of the executive branch, and the dynamics of unified versus divided government. Understanding these factors is essential for analysing Congress's role in maintaining the balance of power within the U.S. government.