Dragging Congress into the 21st Century: Creating Policies and Improving Processes in an Age of Pandemic and Polarization

Abstract

Covid-19 presented a major external shock to the United States governmental system . The system itself, crafted in the 18th century, was not designed to easily absorb this shock . The U .S . government is divided by the Constitution in two important ways: through a system of federalism in which state power vies with federal power, and through a separated system at the national level in which Congress, the President and the Supreme Court wrestle with each other over lawmaking and policy authority . By 2019, the system was stymied by increasing partisan polarization, magnified by the Presidency of Donald Trump . Responses to Coronavirus would have to be shepherded through a labyrinthian path and would face horizontal (separated powers) and vertical (state, federal, local) challenges, in addition to partisan wrangling . At a more micro level Congress itself faced, in addition to all of the hurdles already mentioned, specific problems in what could be termed “capacity” . Congres- sional policymaking relies on physical presence—in committees, on the floor, in party cau- cuses and in member organizations—to get its business done . With the nation and the world facing quarantines, lockdowns and stay-at-home orders, how could Congress main- tain physical presence? Should it? What alternatives might there be? Along with the rest of the country, Congressional staff adjusted to working from home . Maintaining national security during remote work would be problematic, certainly, but even more basic prob- lems were exposed as it came to light that many congressional offices lacked the technology and equipment to provide staffers with secure means to get their jobs done from remote locations . Covid-19 made clear that the United States Congress was facing 21st Century problems in an organization with 20th (or even 19th or 18th) century procedures and structures . How could it respond to the immediate problem? And, perhaps more importantly, what would be the path forward once the country moved past the crisis?