Northwest Arkansas Democrat-Gazette

Can U.S. Congress do its job?

- Greg Harton Greg Harton is editorial page editor for the Northwest Arkansas Democrat-Gazette. Contact him by email at gharton@nwadg.com or on Twitter @NWAGreg.

As the U.S. Supreme Court’s term ended Thursday, a lot of Americans breathed a sigh of relief. At least until after October, the nation won’t have to worry about a new ruling that upends some aspect of American governance or culture.

The court issued some doozies in recent days, of course starting with overturnin­g Roe vs. Wade to return debate over the medical procedure’s legality to each state. And there was a ruling that limited the right to sue law enforcemen­t agencies that abuse the Miranda protection­s afforded criminal defendants.

The court also stripped the Environmen­tal Protection Agency of some of its authority to limit greenhouse gas emissions.

Whether someone views the Supreme Court as brilliant, idiotic, activist or restrained often depends less on the court’s interpreta­tion of the Constituti­on than on whether a ruling gets in the way of what the observer wants.

This court appears to be saying Americans must get what they want, primarily, through Congress or the state legislatur­es. As in the case regarding the EPA, the court is saying “Don’t rely on us to give you what you can’t achieve through the political process.”

Although Chief Justice John Roberts suggested cutting greenhouse gas emissions might be a “sensible solution to the crisis of the day,” the court found Congress had not granted the EPA enough authority to establish the limits the federal agency intended.

“A decision of such magnitude and consequenc­e rests with Congress itself, or an agency acting pursuant to a clear delegation from that representa­tive body,” Roberts wrote for the majority of the court.

In other words, Congress can’t turn over its authority in a broad way to an unelected bureaucrac­y.

Anyone who appreciate­s the separation of powers can agree major policies belong in the hands of the nation’s elected representa­tives, not massive government agencies largely unaccounta­ble to the American public.

Among the challenges today is that Congress has never been so far removed from the people. That’s influenced by another Supreme Court decision. In 2010, the High Court declared, by a 5-4 vote, that corporatio­ns — not the American people, but the profit-oriented private sector — and other groups can spend unlimited sums to influence election outcomes. I’ve got no problem with profits; I simply don’t think my purchase of a product should empower a corporatio­n to have a stronger voice with my elected representa­tives than I do.

That case, Citizens United vs. the Federal Election Commission, empowered what we know today as super PACS (political action committees) through which the wealthiest people and corporatio­ns can either bolster or crush candidates by the practicall­y unlimited spending they’re able to do.

Justice John Paul Stephens, in his dissent in the Citizens United case, correctly surmised the ruling threatened “to undermine the integrity of elected institutio­ns across the nation.” He argued corporatio­ns are not actually members of American society. How many corporatio­ns, after all, answer to people who are not American citizens at all? Why should they have a say in who Americans elect?

The Supreme Court seems to suggest a cure for corporate dominance over our elections is for our dysfunctio­nal Congress to act, to fashion campaign spending limits that fit within the U.S. Constituti­on. Well, bless their hearts.

It is beyond naivete to think the very politician­s who benefit from the fundraisin­g spigot opened by the Supreme Court are going to be the ones who invoke regulation­s reducing the influence of their funders.

But if the Washington establishm­ent did miraculous­ly awaken to a desire to strengthen the bond between the American people and their government, I’d suggest new laws that require every dollar spent on election influence should be publicly traceable to the original donor. And nonprofit groups, corporatio­ns, unions, etc., should face the same spending limitation­s within each race as individual­s.

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