When Congress Checks Out
Norman J. Ornstein is a Resident Scholar at the American Enterprise Institute.
Thomas E. Mann holds the W. Averell Harriman Chair and is a Senior Fellow in Governance Studies at
the Brookings Institution. They are the authors of The Broken Branch: How Congress Is Failing America
and How to Get It Back on Track.
The making of sound U.S. foreign policy depends on a vigorous, deliberative, and often combative process that involves both the executive and the legislative branches. The country's Founding Fathers gave each branch both exclusive and overlapping powers in the realm of foreign policy, according to each one's comparative advantage -- inviting them, as the constitutional scholar Edwin Corwin has put it, "to struggle for the privilege of directing American foreign policy."
One of Congress' key roles is oversight: making sure that the laws it writes are faithfully executed and vetting the military and diplomatic activities of the executive. Congressional oversight is meant to keep mistakes from happening or from spiraling out of control; it helps draw out lessons from catastrophes in order to prevent them, or others like them, from recurring. Good oversight cuts waste, punishes fraud or scandal, and keeps policymakers on their toes. The task is not easy. Examining a department or agency, its personnel, and its implementation policies is time-consuming. Investigating possible scandals can easily lapse into a partisan exercise that ignores broad policy issues for the sake of cheap publicity.
The two of us began our immersion in Congress 37 years ago, participating in events such as the Senate Foreign Relations Committee's extended hearings on the Vietnam War. Throughout most of our time in Washington, tough oversight of the executive was common, whether or not different parties controlled the White House and Congress. It could be a messy and contentious process, and it often embarrassed the administration and its party. But it also helped prevent errors from turning into disasters and kept administrations more sensitive to the ramifications of their actions and inactions.
In the past six years, however, congressional oversight of the executive across a range of policies, but especially on foreign and national security policy, has virtually collapsed. The few exceptions, such as the tension-packed Senate hearings on the prison scandal at Abu Ghraib in 2004, only prove the rule. With little or no midcourse corrections in decision-making and implementation, policy has been largely adrift. Occasionally -- as during the aftermath of Hurricane Katrina last year -- the results have been disastrous.