By Christian Fong
Americans have a system of government that is specifically designed so that one guy can’t screw the whole thing up. It hasn’t worked out that way.
Over the last hundred-plus years, we’ve centralized more and more power in the hands of the president, and the success of our system depends more and more on the judgment and character of one man. If the judgment and character of that person is lacking, they can make a big mess very quickly.
If you’re a Republican, you were probably keenly aware of that a couple of years ago, and if you’re a Democrat, you’re probably keenly aware right now.
Who should we blame for runaway presidential power? Well, if you take our founding documents seriously, you shouldn’t blame the presidents. Chief executives are natural predators. Grasping for more power is simply in their nature. If you want to keep them from getting stronger and stronger, then someone has to go out and stop them.
Congress: ‘Your Primary Suspect’
The Constitution sets up several such someones to stop the president, but the big one is Congress, and if you’re going to blame someone for screwing up, Congress has to be your primary suspect, because it has a lot of the best tools for constraining the president.
The president needs the Senate’s consent to appoint most of the major officers in the executive branch. Congress can investigate what the executive is doing and potentially embarrass the president with what it finds. Congress can kick the president out of office if half of the House and two-thirds of the Senate are on board. And, most importantly of all, Congress has the right to make laws that tell the president what he must do, what he can do, and what he can’t do.
The problem is that Congress’s trump card of passing laws is not as not effective as it looks on paper. When Congress passes a law to rein in the president, the president can veto it. And to override that veto, you need 2/3 of the Senate and 2/3 of the House. Remember, impeaching the president requires only 2/3 of the Senate and half of the House. So, mechanically, it’s actually easier to kick the president out of office than to pass a law that reins in his power.
For practical purposes, this means that if the president makes a power grab, Congress can’t stop him unless there is a broad, bipartisan consensus. Members of the president’s own party need to be willing to tangle with him, and the problem with that is that it’s political suicide.
Also Responsible: Voters who Tune Out Congress
The president is the face of the party. Most voters have only a dim idea of who their member of Congress is and what they’re doing. Pop quiz: Do you know the name of the person who represents you in the House of Representatives? Can you name or describe any bill that that person introduced or cosponsored? Probably the biggest vote in the 2023-2024 cycle was the Fiscal Responsibility Act, the bill that made spending cuts in exchange for raising the debt ceiling. Do you know how your representative voted on that bill?
Congressional elections are rarely decided based on how voters feel about that member of Congress, because they usually don’t know enough to have strong feelings.
The only politician that they really know is the president, so insofar as their decision about whether to vote and who to vote for is at all predicated on what’s happening in Washington, it’s usually predicated on how they feel about the president.
If the president is popular and successful, members of Congress from their party will do well too. And if the president is going down, a lot of the party’s congresspeople are going down with him.
If you want a great illustration, just look at the last time a party took on their president in a sustained and serious way. In the wake of the Watergate scandal, congressional Republicans joined with Democrats to force Richard Nixon to resign and pass landmark legislation that seriously curbed presidential power. Then, in the 1974 elections, voter outrage over Watergate produced one of the biggest Democratic landslides in history. Ironically, but maybe not surprisingly given how little voters know about what their members are doing, this landslide swept away quite a few Republicans who had played important roles in getting rid of Nixon.
So you can’t really take a swing at a president from your party without hurting yourself and your whole party. And I think that’s why you see a lot of people who clearly don’t like what the president is doing keep quiet and don’t do anything to stop him.
Mitch McConnell, Paul Ryan, John Thune, and a lot of other senior, powerful congressional Republicans pretty obviously never cared for Trump. But I think they calculated that an open conflict between Trump and congressional Republicans would sink the whole party and hand the country over to the Democrats, and they weren’t willing to do that. If you want to know why congressional Democrats continued to insist that Biden was fit to lead even when it was obvious that he wasn’t, same deal.
I understand the appeal of blaming American political dysfunction on Congress. But I don’t think that gets at the root causes. They’re responding to the political incentives that we the voters create.
The Founding Fathers assumed that the people would feel more connected with their member of Congress than with the president. We don’t. We’re not interested. Our fixation on the president has put Congress in a tough spot.
If you want to understand how we’ve moved to this system where we depend so much on the judgment and character of one man and how we can get out of it, I think you have to consider that the problem is us.
This expert opinion piece by Christian Fong is based on his presentation at the second 2025 teach-in organized by University of Michigan faculty examining “US Democracy in Peril: National and Global Implications.” The event was held March 19, 2025, in the U-M Chemistry Building. Dr. Fong specializes in the study of the United States Congress. Before coming to Michigan, he was an American Political Science Association Congressional Fellow, where he served as an economic policy advisor to Senator Mike Lee. Tevah Platt of the Center for Political Studies contributed to the development of this post. Read more on the recent teach-ins from the CPS Blog.
