E-Newsletter

The U.S. Constitution outlines the three branches of government.

The authority vested in Congress is derived from Article I.

The Constitution then addresses the Executive Branch in Article II: “The executive Power shall be vested in a President of the United States of America.”

Next, Article III details Judicial Branch powers. The top authority within the Judicial Branch is the U.S. Supreme Court.

The Founding Fathers devised this system of government so each branch could serve as a balanced check on the other. They hoped this would prevent any branch from becoming too powerful. 

They anticipated each branch would defend their prerogatives.

Congress, however, has had a worrisome trend. 

Over time, Congress has steadily ceded its responsibilities to and delegated more powers to the Executive Branch, headed by the president.

Arthur Schlesinger, Jr., historian and special assistant to President Kennedy, documents this growth of presidential power and how it has shaped the modern presidency in his book, The Imperial Presidency (1973).

The problem has grown since Schlesinger, Jr., wrote his book.

This rise in presidential power, enabled by both parties, is in part due to Congressional acquiescence.

One pertinent example is the budget.

Recently, President Trump submitted his budget proposal for Fiscal Year 2026 to Congress. 

Trump’s proposal details funding level requests that strengthen the nation’s military, fund our border security, preserve social security, address drug abuse and mental health and achieve American energy dominance.

The president’s budget request simply serves as a roadmap for legislators. Because Congress controls the power of the purse and determines federal government expenditures, they ultimately decide what gets into the federal budget and what does not. 

But this budget process was not always like this. In fact, the president’s role in submitting a budget request did not exist before 1921.

What happened in 1921?

Congress passed a law authorizing the president to do so!

Because of Congress, presidents have more input in the budget process.

Another pertinent topic related to the rise of presidential power concerns U.S. trade policy. 

President Trump’s trade policies related to tariffs have garnered a lot of attention in his second term, prompting concerns that the White House exerts too much control over trade.

I have long held the belief that the Legislative Branch must claw back its trade powers from the Executive.

Article I, Section 8 of the Constitution specifically grants Congress the power to “regulate Commerce” with foreign nations.

That is why I introduced measures since 2016 and again on January 3, 2025, to transplant the office of the U.S. Trade Representative (USTR) from the Executive Branch to Congress where it belongs. 

My measure would better balance the scales of power between the branches of government, restore a key Constitutional function of Congress and allow Congress to exercise a more active role in shaping America’s trade policies.

I have introduced this bill under three presidents and four presidential terms, not because of any president’s actions, but because it is in keeping with the constitutional constructs established at the birth of the Republic.

Further, as part of the House Committee on Administration, I have seen measures to give Congress more power.

In 2023, President Biden fired former Architect of the Capitol J. Brett Blanton.

The Architect is responsible for operations and care of Capitol facilities, grounds and artworks. When you come to the U.S. Capitol, you will likely see some of the Architect’s 2,000 employees.

After Biden’s decision, Congress acted by passing The Architect of the Capitol Appointment Act of 2023. 

Now, a Congressional panel controls the appointment, reappointment, or dismissal of an Architect.

I believe a similar Congressional effort is needed to address the Librarian of Congress, Comptroller General and Government Publishing Office Director. 

I am helping lead a Congressional effort to give Congress greater authority over these agencies because they are naturally a duty of Congress.

For example, the Librarian of Congress.

Words matter! It is the Library of Congress. It is not called the Library of the Judicial Branch or the Library of the Executive.

So authority over its operations should be under the supervision of Congress. That’s just common sense, isn’t it?

The Librarian of Congress manages the Library. The Library’s resources are available and helpful to Members of Congress. Their main buildings are across the street from the Capitol, not the White House.

As a legislator, I will continue to defend Congress’ prerogatives and support efforts to claw back our appropriate authority from the Executive Branch one step at a time. 

If you have questions, concerns, or comments, feel free to contact my office.  You can call my Abingdon office at 276-525-1405 or my Christiansburg office at 540-381-5671. To reach my office via email, please visit my website at www.morgangriffith.house.gov. 

 

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