Critics often are quick to blame congressional passivity on partisanship. Many Republicans certainly are gun shy about attacking the de facto leader of their party. But congressional indulgence of the executive is not an aberration of the Trump presidency. Legislators have both grown the executive branch and permitted executives to act without authorization and with little fear of consequences for a century.
Congressional torpor is a problem for our separation of powers system, which was designed to prevent arbitrary and capricious government by having the three branches counteract one another’s power grabs…. (Read more)