REQUIRED READING: Broken Branch Article

IS CONGRESS “THE BROKEN BRANCH”?

INTRODUCTION

Understanding the role of Congress in the American political system raises significant questions about its efficacy and reputation. David R. Mayhew positions Congress not as a "broken branch" but as a critical institution that is both functional and necessary. This perspective challenges conventional critiques by providing a historical context and emphasizing the importance of evaluating Congress against realistic alternatives rather than lofty ideals.

I. CONGRESS, IF CONSIDERED IN PERSPECTIVE, IS NOT ALL THAT BAD

Congress has historically faced disparagement, often dubbed the least popular branch of government. Notable figures like Tocqueville and Twain have derided its character, but despite these critiques, Congress has maintained a substantial role in governance. It has always been characterized by its contradictions and challenges, often leading to ineffective and slow legislative processes. Common complaints include incessant bickering among members, delays in decision-making, and a perception of corruption. Yet, public sentiment fluctuates, often reflecting short-term dissatisfaction without considering the broader implications of its actions.

Despite its negative image, Congress provides essential services:

1. Integration of Diversity: Congress brings together a wide range of opinions and interests from across the nation, creating coalitions necessary for governance. The legislative process is messy, but it reflects the diverse population it represents. For instance, the 2008 financial services bailout began as a simplistic proposal, evolving into a complex law that attempted to address myriad interests and concerns.

2. Reflection of Popular Democracy: Congress often embodies the thoughts, styles, and values of the general public, which sometimes clashes with the rationalized decisions made by the executive and judicial branches. This populist inclination can lead to policies that may ignore expert opinions, such as the stance on free trade versus protectionism, where Congress tends to prefer the latter due to its alignment with constituents' interests.

3. Challenging the Role of Experts: Congress ensures that policy decisions reflect a wider array of public opinion rather than solely expert views, validating common-sense approaches over more technical or elegant theories.

II. THERE IS NO COMPELLING CASE FOR REVISING THE CONSTITUTION TO SOLVE ANY PROBLEMS

Critiques suggesting that the Constitution requires urgent reform often overlook the practical realities of functioning within the existing framework. Mayhew argues there’s little public desire for constitutional changes regarding Congress, supported by three points:

A. Divided Party Control Is Not a Great Problem

Divided party control often leads to perceptions of legislative gridlock; however, this does not hinder significant legislative accomplishments. The enactment of various laws during periods of divided government showcases Congress's ability to act despite ideological divisions. Examples from the 2007-2008 term include substantial funding for wars, minimum wage increases, and educational reforms, demonstrating that Congress can legislate effectively under divided conditions.

B. The Senate’s Malapportionment Is Not a Serious Problem

Though the Senate is criticized for malapportionment—where smaller states receive disproportionate influence relative to their populations—this imbalance has not historically resulted in significant political dysfunction. Instead, it seems to create a relatively stable bipartisan temperament that reflects national trends across institutions.

C. Americans Look to Elections for Change

Rather than seeking constitutional fixes, Americans tend to prefer electoral change as a mechanism for reform. Historical trends show significant shifts in party control of both the presidency and Congress during elections. For example, substantial seat changes in Senate elections maintain democratic responsiveness without the need for constitutional amendments.

CONCLUSION

In summary, Congress's reputation as a "broken branch" is more a product of public sentiment and misunderstanding than of irreparable flaws. When viewed through the lens of its actual performance and role within the separation of powers, Congress has been effective in balancing diverse interests and facilitating governance. Moreover, the absence of a widespread call for constitutional change suggests that the current system, while imperfect, remains viable and accepted by the public. Mayhew’s analysis invites a more nuanced understanding of congressional capabilities and the essential nature of its functioning within the American political landscape.