18.6.3 Significance and effectiveness of the powers outlined in the Constitution

Legislative Function

Successful

• Bipartisanship in Passing Legislation: Congress can be highly effective when working in a bipartisan manner to pass legislation that benefits all Americans. Notable examples include the CARES Act, passed during the COVID-19 pandemic, and the Affordable Care Act. These instances demonstrate Congress's ability to act decisively and collaboratively when necessary.
• Committee Work: Standing committees, composed of policy specialists and experts, play a critical role in scrutinizing legislation. This process ensures that bills are thoroughly reviewed and refined before they reach the floor for a vote.

Unsuccessful

• Do-Nothing Congress: There are periods when Congress is seen as ineffective, passing very few bills despite holding numerous votes. For example, the 2023 Congress passed only 27 bills but held over 700 votes, indicating a lack of legislative productivity.
• Threat of Filibuster: In the Senate, the threat of a filibuster often leads to the need for a cloture motion to end debate, requiring 60 votes instead of a simple majority. This can obstruct legislation, making it difficult to pass even widely supported bills. An example of this obstruction is the 2016 sit-in led by John Lewis, which highlighted the challenges of passing gun control legislation.
• Hyper-Partisanship: The increasing trend of unity votes along party lines, driven by hyper-partisanship, has further complicated the legislative process, often leading to gridlock.

Representation Function

Successful

• Frequent Elections and Low Criteria: The Constitution requires frequent elections, fixed terms, and sets low criteria to run for Congress, which promotes accountability and ensures that representatives remain connected to their constituents. The 188th Congress is the most diverse in U.S. history, with 28% female members, 2% LGBTQ+, and 133 people of color (POC).
• Caucuses: Caucuses, such as the Congressional Black Caucus with 60 members, allow representative groups to act together and advocate for the interests of specific communities within Congress.
• Primaries: Primaries allow local voters to select candidates who best represent their views. For example, Alexandria Ocasio-Cortez (AOC) was able to win her seat in 2018 by mobilizing local support and challenging an incumbent who was seen as out of touch.

Unsuccessful

• Lack of Diversity: Despite progress, Congress is still not fully representative of the U.S. population, with certain groups remaining underrepresented.
• Safe Seats: Gerrymandering and the creation of safe seats reduce electoral competition, allowing incumbents to maintain their positions with little accountability.
• Incumbency Advantage: The high re-election rates of incumbents, bolstered by factors like campaign finance, diminish the opportunity for new candidates to succeed.
• Influence of Money: The significant role of money in campaigns excludes many potential candidates and increases the influence of interest groups, leading to negative campaigning and attack ads. Gerrymandering further distorts representation, as seen in states like Florida.

Oversight Function

Successful

• Committee Investigations: Congress has the power to conduct investigations through select committees, which can hold the executive branch accountable. A notable example is the House impeachment of President Trump in 2018.
• Veto Override: Congress also has the power to override a presidential veto, as demonstrated when it overruled President Obama's veto of the Justice Against Sponsors of Terrorism Act.

Unsuccessful

• Partisan Voting: Oversight can become less effective when it is driven by partisan interests. The confirmations of Brett Kavanaugh and Amy Coney Barrett to the Supreme Court, for instance, were marked by votes along party lines, raising concerns about the impartiality of the process.
• Politicized Investigations: Many congressional investigations have been criticized for being politicized. The Benghazi hearings, which were widely seen as targeting Hillary Clinton, are an example of how oversight can be used for political gain rather than genuine accountability.

Summary Table

Function	Successful	Unsuccessful
Legislative	Bipartisanship in passing laws (CARES Act, ACA), Effective committee work	Do-Nothing Congress (2023: 27 bills, 700 votes), Filibuster threat, Hyper-partisanship
Representation	Frequent elections, low criteria, diverse Congress, Caucuses (e.g., Black Caucus), Primaries allow local voice (AOC 2018)	Lack of full diversity, Safe seats, Incumbency advantage, Influence of money in elections
Oversight	Committee investigations (Trump impeachment), Veto override power (Obama's veto on JASTA)	Partisan voting (Kavanaugh, Barrett confirmations), Politicized investigations (Benghazi hearings)

Evaluation of Congress's Performance in Its Constitutional Roles

Legislation

Congress is designed to be an effective legislative body, with mechanisms in place to scrutinize and amend proposed bills. Legislative success is often more achievable in a united government, where the same party controls both the executive and legislative branches, allowing for smoother passage of major legislation. For example, Trump's Tax Cuts and Jobs Act (2017) and the CARES Act (2020) were passed under unified Congresses, demonstrating the ability of Congress to act decisively. However, Congress has also faced significant challenges, such as periods of gridlock and a government shutdown in 2018 due to disagreements over funding for Trump's border wall. This highlights how hyper-partisanship and the threat of filibusters can hinder legislative productivity and effectiveness.

Oversight

Congress's oversight function involves monitoring and investigating the executive branch to ensure accountability. While Congress can be effective in this role, particularly through committee investigations and the power to override vetoes, it can also be impeded by partisan interests. For instance, the impeachment of President Trump and the override of President Obama's veto on the Justice Against Sponsors of Terrorism Act illustrate Congress's capacity for effective oversight. Conversely, partisan voting and politicized investigations can undermine the effectiveness of oversight, as seen in the contentious confirmations of Supreme Court justices and the Benghazi hearings.

Representation

The representation function of Congress is intended to ensure that all Americans have a voice in the legislative process. The frequent elections and low criteria for running for Congress, combined with the increasing diversity of Congress, suggest a positive trend towards more representative governance. Figures like Alexandria Ocasio-Cortez demonstrate how primaries can empower diverse candidates and ensure representation for various communities. Nevertheless, challenges remain, such as the lack of full diversity in Congress and the influence of money in campaigns, which can skew representation and perpetuate the incumbency advantage. These issues indicate that while Congress has made strides in representation, there is still work to be done to ensure that it truly reflects the diversity of the American populace.