ICYMI: Congress’ Collective Action Problem and Shortage of Legal Brains

Michael Stern, former Senior Counsel to the U.S. House of Representatives, writes:

“Since at least the end of the Second World War, Congress has been at a substantial disadvantage in advancing its institutional prerogatives vis a vis the executive. Modern presidents ‘sit atop a vast executive branch and are able to take a wide variety of actions unilaterally’…. Congress, on the other hand, as a plural body has a serious collective action problem in attempting to respond: ‘each individual member has relatively little incentive to expend resources trying to increase or defend congressional power, since he or she will not be able to capture most of the gains’….  These problems are exacerbated by an imbalance of resources between the two branches. One example, near and dear to the heart of this blog, relates to executive branch’s advantage in the sheer number of lawyers dedicated to advancing its institutional interests.”

Read more at http://www.pointoforder.com/2016/11/11/things-to-do-in-dirksen-when-youre-dead/