Restoring Congressional Primacy

America's Revolution was a rejection of government by executive decree. The Constitution established a republic in which political authority flows upward from the people through their elected representatives—not downward from a single executive. That principle is reflected in the Constitution itself. Article I, establishing Congress, is the longest and most detailed article because the legislative branch was intended to be the nation's primary policymaking institution and the branch closest to the American people.

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Congress possesses the federal government's most significant constitutional powers: to tax, spend, borrow, regulate interstate and foreign commerce, declare war, raise and support the armed forces, establish inferior federal courts, oversee the executive branch, impeach public officials, and enact all laws "necessary and proper" to carry out its constitutional responsibilities. The House of Representatives, elected every two years, was specifically designed to maintain the closest connection between the American people and their national government.

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Over the past century, however, Congress has steadily delegated many of these responsibilities to the executive branch. Political expediency has often proven easier than accepting responsibility for difficult legislative decisions. Temporary expansions of presidential authority during wars and national emergencies have frequently become permanent, while increasingly complex policy challenges and partisan gridlock have encouraged Congress to rely on executive agencies rather than legislation.

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This constitutional drift is the predictable consequence of a political system dominated by the Duopoly. As polarization has intensified, both parties view control of the Presidency as the fastest means of advancing their agendas. Rather than defending Congress's constitutional authority, Republicans and Democrats alike have expanded executive power when controlling the White House and condemned those same powers when held by the opposition. The result is a constitutional arms race in which every administration inherits broader executive authority while Congress continues to surrender its own.

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Restoring congressional primacy begins by changing those political incentives. As long as either party can realistically obtain unified control of Congress and the Presidency, both will continue to view executive power as a political advantage rather than a constitutional balance. Every delegated authority becomes another tool to wield after the next election, leaving little incentive to reclaim legislative responsibility.

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The first step, therefore, is disrupting the political duopoly by denying either party the ability to govern through narrow party-line majorities. A Congress that requires genuine coalition-building among Republicans, Democrats, and Independents is far more likely to deliberate, compromise, and legislate rather than defer difficult decisions to the executive branch. When no party can govern alone, only then can Congress once again become the nation's primary policymaking institution by reclaiming the constitutional authorities it has delegated:

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• Restoring Congressional War Powers through repeal or replacement of the 2001 Authorization for Use of Military Force (AUMF) with narrowly tailored authorizations identifying specific enemies, geographic limits, defined objectives, and automatic sunset provisions.

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• Reforming the National Emergencies Act by requiring affirmative congressional approval shortly after any emergency declaration and periodic reauthorization of continuing emergency powers.

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• Reforming the International Emergency Economic Powers Act (IEEPA) by clearly defining a national emergency, limiting the duration and scope of emergency economic powers, and requiring congressional approval for their prolonged use.

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• Reducing Excessive Legislative Delegation by requiring Congress—not executive agencies—to make major national policy decisions. Agencies should faithfully implement laws enacted by Congress rather than effectively create new law through expansive regulatory interpretation.

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• Strengthening Congressional Oversight by expanding transparency requirements, reinforcing appropriations oversight, strengthening investigative authority, and ensuring executive agencies remain accountable to the elected representatives of the American people.

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Restoring congressional primacy is not about weakening the Presidency. The President must retain sufficient authority to faithfully execute the laws and respond swiftly to genuine national emergencies. Extraordinary powers, however, should remain exceptional, temporary, and accountable to Congress. The executive branch exists to execute the law—not to substitute for the legislative process.

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The American people deserve a government in which their elected representatives—not political parties, executive agencies, or unelected bureaucracies—make the nation's most important public policy decisions. Representative government functions only when elected representatives are willing to govern. Restoring Congress as the nation's primary lawmaking institution, reestablishing meaningful checks and balances, and disrupting the duopoly's monopoly on power are essential to preserving liberty, strengthening accountability, and ensuring that government remains truly of, by, and for the people.