Congress's Constitution: Legislative Authority and the Separation of Powers

by Josh Chafetz

A leading scholar of Congress and the Constitution analyzes Congress’s surprisingly potent set of tools in the system of checks and balances.

Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-à-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

Genres: Politics, Law, Nonfiction, Government, History, American

448 pages, Paperback

Published August 6, 2019

Reviews

[Jason · Rating 4 out of 5]

I heard about this book during one of the panels at the October 2017 ABA Administrative Law Conference, so I got hold of a copy to read during my downtime at work. It's a dense, dry, and academic read -- took me about six months to get through, on and off. Chafetz walks through the historical development and modern significance of six different congressional powers other than legislation (power of the purse, personnel, contempt, speech or debate, internal discipline, and cameral rules) and argues that Congress can use these tools to assert political power during interbranch conflicts. It's a well researched and interesting work, even though I think Chafetz overestimates Congress's institutional self-interest vis-à-vis the executive and downplays party politics a bit too much.

[Therden · Rating 4 out of 5]

A great illustration of the history and salience of Congress's powers.

[Will · Rating 3 out of 5]

Wonky, dry, some cool history

[Jonathan Menefee · Rating 5 out of 5]

If you want to take a deep dive and truly understand the intended and historical reasons for the way the Legislative Branch operates read this book.

[Polly Callahan]

recommended by Marc Elias Democracy Docket
not in JMRL; at UVA library

[Corin]

Unfortunately this is mostly academic at this point, having been overtaken by recent political events. However, learning and understanding always retain value.

[Garret Macko · Rating 3 out of 5]

Read for a seminar. Good book, compelling thesis--congress can, and should, do more. But will they?