Rising Threats to Congressional Authority

Congress has ceded a wide range of constitutional powers to the Executive Branch and the courts. For example:

• Congress holds the constitutional power to control federal spending by appropriating funds. Congress has reinforced this authority with key laws including (1) the Anti-Deficiency Act, which prohibits federal agencies from overspending their appropriations; (2) the Impoundment Control Act, which restricts the authority of the President to withhold appropriated funds; and (3) the Miscellaneous Receipts Act, which requires federal agencies to deposit fees, donations, and other outside funds into the Treasury, so that they can be appropriated by Congress. However, the current administration has repeatedly withheld funding already appropriated by Congress and spent outside funds without congressional authorization.   
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• Congress holds the constitutional power to levy taxes and tariffs. Yet the current administration has levied significant new tariffs on goods from dozens of countries without congressional approval, asserting that these actions are justified by emergency powers. Despite bipartisan concerns, Congress has been unable to halt these tariffs, and House leadership even approved procedural resolutions blocking consideration of tariff measures.  
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• Congress holds the constitutional power to declare war. Congress affirmed this authority in the War Powers Resolution of 1973, which limits the use of U.S. forces in hostilities without congressional authorization. Yet even though Congress has not enacted an authorization of the use of military force in over 20 years, presidents from both parties have undertaken multiple military operations in that time – including recent military strikes in Venezuela and the Caribbean and the capture of the Venezuelan president – that Congress did not authorize. 
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• The Senate has the constitutional authority to provide advice and consent on executive nominations, yet presidents have increasingly evaded the confirmation process by relying on acting officials. The Senate recently changed its rules to allow for dozens of nominees to be confirmed at once, potentially reducing the scrutiny they receive.
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• In recent years, Congress has also faced severe challenges to its ability to conduct oversight of the executive branch, a power the Supreme Court described as “broad” and “indispensable.” The current administration has compounded these challenges by firing inspectors general that share information with Congress and reducing resources for their offices.
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• Congress has also faced recent challenges regarding its authority to conduct judicial branch oversight. Congressional regulation of judicial branch ethics, including for Supreme Court justices, began in the first Congress and includes major statutes enacted in the last century. However, two Supreme Court justices recently suggested that Congress’s authority does not reach Supreme Court justices.

Declining Congressional Resources

In recent decades, deep cuts to congressional staff and support organizations have made it harder for Congress to fulfill its role as a co-equal branch of government. Since 1994, House committee staffs, which are the body’s reservoir of policy expertise, have been slashed by 40%. Congressional support agencies have faced similar cuts, with the Government Accountability Office (GAO) losing over a third of its staff and the Congressional Research Service losing over a quarter.

The personal staffs of Representatives and Senators are talented and hardworking, but they are also pulled in many directions and face high turnover even in senior positions. As of 2019, the median tenure for Capitol Hill staff was just over three years, and most policy staff had only one or two years of experience. Turnover rose to a record level in 2025, with around half of congressional staffers departing their office during the year.

How Co-Equal Can Help

Co-Equal can help Members and staff serve as effectively as possible so that Congress can fulfill its constitutional role as a co-equal branch. Co-Equal can provide in-depth information on legislative and oversight practices and procedures as well as historical analysis of major legislation and investigations. Co-Equal can also provide reliable, nonpartisan information that Members can use to develop reports showing the impact of national policies on their constituents. Co-Equal’s team can share their deep institutional knowledge and connect congressional offices with outside experts to level the information playing field.