A plan to restore Congress to its rightful preeminence. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌   ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
In recent days, it seemed that Congress had a pulse. Alas, it was not to be. Lawmakers complained about President Trump’s $1.8 billion slush fund for insurrectionists, then voted against stopping it. The House passed a bipartisan measure against the war in Iran, but it turned out to be a largely symbolic act. Lawmakers are making noise about blocking partisan attacker Bill Pulte as director of national intelligence or Trump’s lawyer Todd Blanche as attorney general. But will they act? Count me skeptical.
Congress’s abdication over many years is a big reason why American government doesn’t work. It rarely stands up to the executive, serving instead as a cheering or booing section for whoever occupies the Oval Office. A supine Congress creates the opportunity for executive abuse and Supreme Court overreach. It has been polarized by partisanship for decades, but now the two parties barely speak. Committees, once a source of expertise and a platform for ambition, have been supplanted by lobbyist whispers to legislative leaders. And gerrymandering and deregulated campaign finance mean lawmakers spend their time fundraising, terrified of a primary challenger or a dark money dump, rather than catering to the vast majority of voters and their needs.
What’s next? That will soon be the big question animating American politics. The public is angry and ready, it seems, for big steps. Citizens are dejected by government’s inability to solve problems. They seem ready to throw the bums out once again. In any case, it has been more than a decade since Trump first ran for office. His reordering of the Republican Party, and then of politics, once was new and rude. Now it seems like a rehash.
If the political system cannot act after voters speak, we will be sentenced to a recurring cycle of anger and disappointment.
The Brennan Center has launched a series called Solutions for a Stronger Democracy, a string of innovative policy agendas that aim to help shape a new era of reform. We’ve published ideas for how to curb corruption and how to reform the Supreme Court.
Today, we published Eight Solutions to Unstick Congress. It’s made up of new ideas — new to us, at least — for how we can get Congress to do its job. To function better. To stand on its own feet.
Authors Maya Kornberg and Emily Whitehead write, “It may be hard to believe, but the framers expected Congress to be the preeminent branch of government. As James Madison wrote, ‘In republican government, the legislative authority necessarily predominates.’ Known as the people’s branch, Congress was established to most reliably represent the will of the public.” Yet right now, public approval of Congress hovers at 10 percent, among the lowest ratings ever recorded.
Some necessary changes would involve Congress stepping up — holding presidents accountable and supervising the courts — all as the Constitution envisions. In the 1990s, House Speaker Newt Gingrich (R) eliminated the Office of Technology Assessment and slashed resources, undermining Congress’s ability to perform effective oversight and use its power. Lawmakers should restore that expertise and expand staff. The last time Congress reorganized its committees was the 1970s. Now it should create a technology committee to focus on artificial intelligence and other transformative changes.
Other moves would shake things up even more.
Congress increasingly resembles a gerontocracy. On Capitol Hill, lawmakers on average are a decade older than legislators around the world. We all cringe at lawmakers being tucked away in assisted living facilities when they are supposed to be on the job or appearing befuddled, as Sen. Diane Feinstein (D-CA) did in her last years in office. This year, more than a dozen lawmakers over the age of 80 are running for reelection.
So there should be an age limit for representatives and senators. Rahm Emanuel, the former Chicago mayor who was also a member of Congress himself, has proposed a mandatory retirement age of 75. It could be higher, too.
And Congress should be expanded. The size of the House has been frozen at 435 members since that number was set by law in the 1920s. It used to be that the Congress grew as the country grew. Not lately.
George Washington only spoke on the record twice during the Constitutional Convention. One of the times, on the last day, was to cut the size of congressional districts from 40,000 to 30,000 people. Today, each member of the House represents, on average, about 760,000 constituents. Lawmakers can’t truly reflect the diversity or interests of such a large number of constituents. We propose expanding the House to 600 members.
This is an idea propounded by the conservative American Enterprise Institute and others across the political spectrum. Many agree it would help address polarization and dampen the worst consequences of gerrymandering.
In the 1970s, after Watergate and the Vietnam War, Congress reasserted itself. It enacted a generation’s worth of reforms. It transformed its own operations to give rank-and-file lawmakers more say over policy. Now, a half century later, those reforms have been eroded or smashed to bits.
We are living through a time of corruption and abuse of power that far surpasses what we saw then. Our reform moment must be as big as the problems we face.

 

The Justice Who Ended Up Behind Bars
How did Supreme Court Justice James Wilson go from being one of the wealthiest and most respected men in the country to a notorious, debt-ridden figure who died on the run from creditors and the law? In the forthcoming book The Lost Founder, Jesse Wegman untangles the snarled history of the American founder few remember. Wegman shares excerpts of the final chapter in his Major Questions newsletter ahead of the book’s June 23 publication. Read more
Ending the Scourge of Dark Money
“The problem of dark money in elections is getting worse,” Eric Petry writes in the Brennan Center’s latest roundup of major campaign finance developments. He points to increased spending from groups that don’t disclose their funders, as well as new tactics that groups and donors are deploying to dodge transparency and accountability. Federal and state laws that mandate disclosure and close loopholes in existing campaign finance rules are needed so voters can know who is trying to influence them and can make informed decisions. Read more
The Fight Over Government Spying
Last week, the Senate voted not to advance a reauthorization of Section 702, a controversial surveillance authority, that would have given the Trump administration warrantless access to Americans’ communications. “It’s an interim victory,” Elizabeth Goitein writes, “but it’s crucial to take the right lessons from it.” She sums up the debate around reauthorizing Section 702 and urges Congress not to do so without incorporating strong protections against government abuse. Read more
Lessons for Fixing NYC’s Jails
Next month, the outside expert tasked by a federal judge with improving New York City’s jail system will share his recommendations for addressing long-standing issues such as violent and inhumane conditions. Lauren-Brooke Eisen writes in Vital City that successful prison and jail reforms implemented around the country, which the Brennan Center documented in a recent report, can provide a helpful blueprint for making New York jails safer for the people who live and work there. Read more

 

Podcast
The Supreme Court is expected to rule soon on cases that could dramatically alter the constitutional order. Some decisions will tell us whether the Court will stand up to Trump’s extraordinary bid for expanded executive power, and others will determine the future of elections and representation. All will reveal whether the Court is playing its proper role in our democracy at this moment. Experts break down the cases that will matter most and discuss how this Supreme Court will be remembered in the coming years. YouTube // Spotify // Apple // SUBSTACK

 

News
  • Kareem Crayton on the future of gerrymandering and fair representation // THE NEW REPUBLIC
  • Lauren-Brooke Eisen on the private prison industry’s involvement with ICE // NPR
  • Elizabeth Goitein on the fight over surveillance power reauthorization // CNN
  • Chihiro Isozaki on qualifications for state judges // KSL
  • Rachel Levinson-Waldman on local resistance to government surveillance in Ohio // FORTUNE