Senator J.D. Vance (R–Ohio) attempted to shield the Trump administration from criticism during the vice presidential debate on Tuesday by asserting that Congress was not fulfilling its duties. Vance argued that Congress should be a governing body rather than just a debating society. However, Congress has been more focused on debate than governance for many years.
Vance responded to a question about his previous criticism of former President Donald Trump’s failure to implement his economic populist agenda. He acknowledged changing his views on Trump and instead blamed Congress for not working with the Trump administration on legislative priorities. Vance criticized legislators for being preoccupied with complaining rather than passing bills related to issues like immigration and tariffs.
Congress’ inability to address important legislative matters has contributed to the ongoing immigration crisis. Minnesota Governor Tim Walz emphasized during the debate that immigration policy should be determined by the legislature, not solely through executive actions.
Both the Trump and Biden administrations have taken steps to address immigration issues. Trump issued an executive order in January 2017 for the construction of a border wall, while the Biden-Harris administration implemented measures in June to restrict asylum claims at the southern border.
In recent years, major policy decisions have increasingly been made by the executive branch rather than Congress. This trend began with the passage of the Administrative Procedures Act in 1946, granting executive agencies the authority to issue substantive rules within their jurisdiction.
As the executive branch has gained more power, Congress has become less productive in passing legislation. In 1973, Congress passed 772 bills, compared to just 47 fifty years later. Meanwhile, the number of federal regulations has significantly increased, indicating a shift towards executive authority.
Congress has struggled to pass essential funding bills for government operations, highlighting its inefficiency in governing. Vance’s optimism in Congress as a legislative body is questionable given his firsthand experience with its shortcomings and the expanding role of the executive branch.
Vance’s past statements suggest he is more interested in using the administrative state for conservative purposes rather than restoring Congress’ governance capabilities. He has advocated for leveraging the administrative state to combat left-wing ideologies in private institutions.
Congress should function as a productive debating society where legislators engage in meaningful discussions to craft legislation that addresses the needs of the public. If Congress continues to prioritize political point-scoring over governance, it is likely that politicians from both parties will continue to rely on executive actions to enact significant policy changes.
