John,
This week, more than 500 No Labels supporters tuned in to hear Jeffrey Rosen, president of the National Constitution Center, discuss President Trump’s expansive use of executive power and how both history and the law can shape our thinking about it.
Rosen emphasized one thing we want everyone to know: Presidents are increasingly governing through executive order because Congress is doing less. This is not just a Trump issue – it is an institutional problem decades in the making. Presidents from both parties have continually stepped in to fill the vacuum left by Congress’s inability or unwillingness to act.
It is time for Congress to reclaim its role.
Here are three important points from yesterday’s conversation:
Rosen suggested presidential power often turns on two key questions:
- What powers does the Constitution grant the president?
- When does presidential action violate Congress’s constitutional authority?
Trump’s controversial moves to try and end birthright citizenship and withhold appropriated funding from Congress show how quickly these abstract questions become very, very real.
Second, Rosen highlighted a recent Supreme Court ruling that surprised many. In a 5-4 decision, the Court rejected the Trump administration's request to freeze nearly $2 billion in foreign aid. Notably, Chief Justice John Roberts and Justice Amy Coney Barrett – appointed by Trump – joined the liberal justices on the Court in reaffirming that presidents cannot refuse to spend money allocated by Congress. Rosen made the point that justices are not partisan operatives – they uphold constitutional principles, even when it goes against what outside observers might expect.
Third, aggressive executive actions are a bipartisan issue. President Biden's attempt to implement a $400 billion student loan forgiveness plan faced similar judicial scrutiny. Despite previously acknowledging that the president might lack such authority, Biden went ahead with the plan, leading to the Supreme Court striking down the program. Federal courts also blocked the former president’s subsequent attempts to find workarounds. Had Congress acted decisively on student loan relief, these executive maneuvers and legal battles could have been avoided altogether.
Too many in Congress seem to have forgotten the Constitution says they are a coequal branch of government. But the less they do on immigration, the budget, and countless other issues, the more they will invite presidents to fill the vacuum.
That is why No Labels is launching a new campaign: Make Congress Work.
If we are going to stop this constant political whiplash, our country needs real reforms to restore Congress’s power. Congressional leaders must stop bypassing their own committees, start fully debating and voting on critical issues, and reassert their constitutional role as a true, functioning branch of government.
When Congress does its job and passes laws, the change is both durable and sustainable.
More than 500 Americans joined our call yesterday because they believe Congress can – and must – work better.
If you agree, join No Labels today and demand Congress get to work. Sign on now if you want a Congress that does its job, represents your voice, and strengthens our democracy.
Make Congress Work.
Pat McCrory
No Labels Leader
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