Barrett, Graham, Feinstein, and de Tocqueville

I watched a little of this past week’s Supreme Court confirmation hearings and can’t say I enjoyed — or was enlightened — by it very much. Alexis de Tocqueville observed 185 year ago that “there is hardly a political question in the United States which does not sooner or later turn into a judicial one.” While members of the Senate Judiciary Committee and a certain Supreme Court nominee might publicly contend otherwise, there’s hardly a question about the fitness of a judicial nominee that isn’t actually a political question. That is what judicial confirmation hearings are all about: the judgment of the person nominated to become a Justice. 

Continue reading “Barrett, Graham, Feinstein, and de Tocqueville”

Pending Good Government Bills: 116th Congress

The 116th Congress is coming to a close, with Members getting ready to depart to campaign full-time and then return in late-November/December for a lame duck session. Time is running out before bills turn into pumpkins and have to be re-introduced at the start of the next Congress. According to GovTrack, 151 bills have become law so far. By comparison, 12,874 bills have been introduced, or 1.1%, although some of these bills are duplicates of ones that have become law. 

We and our friends in civil society have compiled a non-exhaustive list of pending good government bills that lawmakers should consider pushing across the finish line before time runs out. As legislation that’s further along in the process is more likely to become law, we’ve sorted our list by their status. We’ve further subdivided the list regarding the part of government they would affect.

Continue reading “Pending Good Government Bills: 116th Congress”

Foresight: A Tool for a Proactive Government

Someone on the Hill once told me that Congress was “constitutionally reactive.” That is, Congress and the law would always lag behind society, and the system was intentionally designed that way. The current rapid pace of change — in our culture and particularly with technology — only makes the gap between policy and our lives more glaring. 

Continue reading “Foresight: A Tool for a Proactive Government”

Foresight in the Federal Government

In “Strategic Foresight in the Federal Government: A Survey of Methods, Resources and Institutional Arrangements,”[1] authors Joseph Greenblott, Thomas O’Farrell, Robert Olson, and Beth Burchard analyzed foresight activities in 19 federal agencies (18 in the Executive Branch and 1 in the Legislative Branch). This article summarizes the findings (all numbers and quotes are from that article).

While approaches varied by agency, some common themes emerged.[2] Overall, Defense and Intelligence agencies seemed to have the strongest (and best funded) foresight practices.[3] Foresight in the Executive Branch is much further developed than in the Legislative Branch. 

Continue reading “Foresight in the Federal Government”

The PLUM Act: Transparency for Political Appointees

by Jason Briefel and Maggi Molina

A president will appoint more than 4,000 individuals to serve in an administration, yet “there is no single source of data on political appointees serving in the executive branch that is publicly available, comprehensive, and timely,” according to the Government Accountability Office in a March 2019 report.

Instead, these positions are compiled and published exactly once every four years in a congressional document known as the Plum Book (officially the United States Government Policy and Supporting Positions). This book is published only in December after a presidential election (before the president even gets sworn in) and includes important data for each position, including title, salary and location.  

Continue reading “The PLUM Act: Transparency for Political Appointees”

New Bill Reclaiming the Congressional Power of the Purse

Chair Yarmuth of the House Budget Committee partnered with House and Senate chairs (Chair Lowey of House Appropriations, Chair Maloney of House Oversight and Reform and Senate Appropriations Vice Chair Leahy) to introduce the bicameral (but not bipartisan) Congressional Power of the Purse Act (H.R.6628).  

Continue reading “New Bill Reclaiming the Congressional Power of the Purse”

Presidential Signing Statements: Congressional Actions

(Update, 04/24/20): On April 3, we provided a summary of all the congressional actions related to signing statements. Here is an analysis of the common themes in the legislation: 

  • Requires the Executive to give Congress notice and reasoning for all statements.
  • Bars government entities (including state and federal courts) from using signing statements in interpreting the law.
  • Gives Congress standing to seek declaratory relief, allows Congress to intervene in cases or allows Congress to issue “clarifying” statement.  
  • Requires AG, Deputy AG, White House Counsel to testify before Judiciary at the behest of any single member to explain; can’t invoke executive privilege.  
  • Limits funds made available to the Executive to produce, publish, or disseminate any signing statement.
  • Cuts off funding authorized or expended to implement any law accompanied by a signing statement if Executive doesn’t comply with congressional restrictions on signing statements. 

(Original Article) Following up on our discussion of Signing Statements (triggered by the President’s signing statement on the coronavirus relief legislation), here are the hearings and legislation we found on the subject. If we missed something, please email maggi@demandprogress.org

Continue reading “Presidential Signing Statements: Congressional Actions”

House Budget Committee: Protect Congress’ Power of the Purse & the Rule of Law

The Article I Renaissance continued at the House Budget Committee’s hearing on Protecting Congress’ Power of the Purse.  Ranking Member Womack noted budgeting is fundamental to government and that the process doesn’t work. (He noted the recommendations of the recent Joint Committee on Budget Reform failed to pass).  Members and witnesses engaged in a multi-hour discussion that featured serious discussion and concrete proposals for reform.

Continue reading “House Budget Committee: Protect Congress’ Power of the Purse & the Rule of Law”