The Great Abdication: How Congress Broke the Constitution
When the Founders wrote the Constitution, they didn’t start with the president, or the courts — they started with Congress. Article I wasn’t an accident. It reflected the belief that the people’s representatives, not a single ruler or a panel of judges, should drive the direction of the nation.
James Madison imagined ambition counteracting ambition. But the Founders made one mistaken assumption: that those given power would never willingly give it up.
They were wrong.
The Heart of the Republic
Congress was supposed to be the center of gravity in our system — the branch that made laws, controlled spending, and declared war. It was designed to be slow, deliberative, and accountable to the people. The president would carry out those laws; the courts would interpret them.
That balance has collapsed. Today, the executive branch dominates, the courts legislate, and Congress hides behind outrage and inaction.
The Power of the Purse — Handed Over
The Constitution gives Congress the “power of the purse” — the ability to tax, spend, and fund government operations. But modern Congresses rarely pass budgets on time. Instead, they rely on continuing resolutions, shutdown threats, and crisis deals that hand practical control of spending to the executive branch.
The branch that was supposed to guard the treasury has stopped guarding anything.
The War Power — Abandoned
The last time Congress formally declared war was in 1942. Since then, presidents have sent troops into conflicts around the world with only token consultation. The War Powers Resolution of 1973 was meant to reassert congressional authority — but it’s mostly ignored. Congress has chosen political safety over constitutional duty.
The Legislative Power — Outsourced
To avoid taking tough votes, Congress increasingly delegates to executive agencies. Regulations fill the vacuum left by lawmakers unwilling to legislate. And when the Supreme Court strikes down those regulations — as it did in West Virginia v. EPA under the “major questions doctrine” — Congress has no legislative muscle left to respond.
Even landmark social issues like abortion, same-sex marriage, and LGBTQ+ employment rights have been decided by the courts because Congress refused to act.
The Result: Government by Abdication
The Founders designed three branches to share and check power. Instead, we have one that hoards it (the executive), one that rewrites it (the judiciary), and one that’s given up (the legislature).
This abdication feeds polarization and dysfunction. When Congress doesn’t solve problems, presidents govern by decree and courts become the last word. That’s not democracy — it’s drift.
The Founders feared tyranny born of ambition. They never imagined tyranny born of surrender.
The Way Back
Restoring balance means restoring Article I. Congress must reclaim its constitutional responsibilities — budgeting, legislating, and checking the other branches. It must choose courage over convenience.
Because when Congress stops acting like Congress, the Constitution stops working like the Constitution.
