The “Flip-Side” of Delegation: Examining Congressional Reassertion Efforts

This paper takes seriously Edward Corwin’s claim that our constitution provides an “invitation to struggle.” Herein we examine the “flip-side” of delegation, or those periods when Congress actively works to reassert its governing authority vis-a-vis the executive branch. Using Stephen Stathis’ index of “landmark legislation” which spans more than 200 years of congressional history (1789-2001), we identify every major law through which Congress reasserts itself vis-a-vis the executive or otherwise works to contest executive branch power. With this “reassertion index” we identify three main strategies by which Congress contests executive branch power, and we substantiate this categorization with a series of qualitative case studies. Next, using large-n statistical techniques, we identify conditions internal to Congress that influence the likelihood of a reassertion effort. In sum, this analysis sheds light on an often overlooked area of Congressional behavior and adds to a growing literature on lawmaking in a system of separated powers. Prepared for presentation at the annual meeting of the American Political Science Association, September 1-4, 2011.