Why Congress is the ‘real voice’ of citizens
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As mandated by the United States Constitution – that the president “give to the Congress [the legislative branch] Information of the State of the Union” – George Washington delivered the first such annual message in 1790.
Addressing assembled members, he referred to the “novelty and difficulty” of legislating, and called “for the cool and deliberate exertion of your patriotism, firmness, and wisdom.”
This year’s planned State of the Union address (on Tuesday, Feb. 24) offers an opportunity to reflect on the governing pillars of deliberation and discussion that Washington and other Founding Fathers prized. The event’s televised panoramas of representatives of all three branches of government attending the event may also help underscore the rationale behind the Constitution’s separation of legislative, executive, and judicial powers.
Tuesday’s event occurs a few days after last week’s Supreme Court ruling against the administration’s imposition of global trade tariffs under the 1977 International Emergency Economic Powers Act. The authority for applying such blanket levies, the court’s decision indicated, lies with the legislative branch – members of Congress who are elected by Americans to represent their interests.
“Yes, legislating can be hard and take time,” Justice Neil Gorsuch acknowledged in his concurring opinion. “And yes, it can be tempting to bypass Congress when some pressing problem arises.
“But the deliberative nature of the legislative process was the whole point of its design,” he continued. “Through that process, the nation can tap the combined wisdom of the people’s elected representatives, not just that of one faction or man.”
The Declaration of Independence spoke of citizens’ “unalienable,” endowed God-given rights and of citizens as “equal.” The U.S. Constitution cemented those rights through an institution expressly designed to represent the will and aspirations of the people.
Sen. Mitch McConnell of Kentucky, generally a supporter of President Donald Trump, said the court’s decision “reaffirmed authority that has rested with Congress for centuries” and that the body’s legislative role “is not an inconvenience to avoid.” For the country to enact policies that impact Americans widely, he said, the “path forward is crystal clear: convince their [congressional] representatives.”
Voices from both sides of the political spectrum appear to agree on the centrality of Congress’ role.
A Wall Street Journal editorial viewed Justice Gorsuch’s words as “a stirring message” to “revive Congress” to exercise its legislative authority. “The difficulty of passing legislation is a constitutional feature, not a fault,” it wrote.
The left-leaning Brennan Center for Justice urged last November that the president take his case for global tariffs and the national interest to Congress, so that elected representatives “can decide ... with democratic debate and accountability to their constituents.”
Washington would likely have agreed: It is only “after time has been given for cool and deliberate reflection, that the real voice of the people can be known,” he wrote to a colleague in 1796.