The Congressional Research Service departed from its usual focus on current policy and legislative issues to produce a new disquisition on the separation of powers in the U.S. government.
The separation of powers doctrine “is rooted in a political philosophy that aims to keep power from consolidating in any single person or entity, and a key goal of the framers of the Constitution was to establish a governing system that diffused and divided power.”
However, the branches do not always act in their own structural interests (as is often the case in congressional oversight of intelligence, for example). “Although each branch has strong incentives to protect its prerogatives, in many cases individual political actors have incentives that run counter to their institutional affiliation. In particular, political actors will often, quite reasonably, place the short-term achievement of substantive policy goals ahead of the long-term preservation of institutional power for their branch of government.”
CRS concludes that “the contemporary balance of power between the President, Congress, and the courts is not the same as it was in 1789, and is perhaps not the balance intended or expected by the framers of the Constitution.”
In any case, “the relative power of the President, Congress, and the courts is not on any specific trajectory. At various times since the ratification of the Constitution, the power of each institution has been at times ascendant and at other times on the decline.” See Separation of Powers: An Overview, January 8, 2016
Other Congressional Research Service reports that were issued last week include the following.
History and Conflict at Malheur National Wildlife Refuge, CRS Insight, January 7, 2016
Big Data in U.S. Agriculture, January 6, 2016
Federal Health Centers: An Overview, January 6, 2015
U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2016 Appropriations, January 7, 2016
Escalating Violence in El Salvador, CRS Insight, January 7, 2016
Perspectives on Enhanced Interrogation Techniques, January 8, 2016
Electric Grid Physical Security: Recent Legislation, January 6, 2016
While it seems that the current political climate may not incentivize the use of evidence-based data sources for decision making, those of us who are passionate about ensuring results for the American people will continue to firmly stand on the belief that learning agendas are a crucial component to successfully navigate a changing future.
In recent months, we’ve seen much of these decades’ worth of progress erased. Contracts for evaluations of government programs were canceled, FFRDCs have been forced to lay off staff, and federal advisory committees have been disbanded.
This report outlines a framework relying on “Cooperative Technical Means” for effective arms control verification based on remote sensing, avoiding on-site inspections but maintaining a level of transparency that allows for immediate detection of changes in nuclear posture or a significant build-up above agreed limits.
At a recent workshop, we explored the nature of trust in specific government functions, the risk and implications of breaking trust in those systems, and how we’d known we were getting close to specific trust breaking points.